T-0.1 - Act respecting the Québec sales tax

Section 75 Disposition versions

1994-06-17

75. Where a supplier makes a supply of a business or part of a business that was established or carried on by the supplier or that was established or carried on by another person and acquired by the supplier, and, under the agreement for the supply, the recipient is acquiring ownership, possession or use of all or substantially all of the property that can reasonably be regarded as being necessary for the recipient to be capable of carrying on the business or part as a business,

(1)  the supplier is deemed to have made a separate supply of each property and service that is supplied under the agreement for consideration equal to that part of the consideration for the supply of the business or part that can reasonably be attributed to that property or service; and

(2)  except where the supplier is a registrant and the recipient is not a registrant, the supplier and the recipient may make a joint election in prescribed form containing prescribed information to have section 75.1 apply to those supplies.

1991, c. 67, s. 75; 1993, c. 19, s. 180; 1994, c. 22, s. 404.

1993-06-15

75. Where a person who is a registrant makes a supply of all or substantially all of the property used in a commercial activity that forms all or part of a business carried on by the person to a recipient who is a registrant, and the person files an election for the purposes of this section made jointly by the person and the recipient in prescribed form containing prescribed information with the Minister with the return made for the person’s reporting period in which the supply is made,

(1)  no tax is payable in respect of the supply; and

(2)  the recipient is deemed to have acquired the property for use exclusively in commercial activities of the recipient.

However, where the property supplied includes property in respect of which the recipient cannot claim an input tax refund by reason of section 206.1, this section applies in respect of the latter property only if the recipient continues to carry on the business in which that property was used immediately before the supply.

1991, c. 67, s. 75; 1993, c. 19, s. 180.

1992-07-01

75. Where a person who is a registrant makes a supply of all or substantially all of the property used in a commercial activity that forms all or part of a business carried on by the person to a recipient who is a registrant, and the person files an election for the purposes of this section made jointly by the person and the recipient in prescribed form containing prescribed information with the Minister with the return made for the person’s reporting period in which the supply is made,

(1)  no tax is payable in respect of the supply; and

(2)  the recipient is deemed to have acquired the property for use exclusively in commercial activities of the recipient.

1991, c. 67, s. 75.