T-0.1, r. 2 - Regulation respecting the Québec sales tax

Section 434r0.13 Disposition versions

2013-07-03

434R0.13. Subject to section 434R8.7, if an election by a registrant to determine the net tax of the registrant in accordance with sections 434R0.5 to 434R0.15 is in effect during a particular reporting period of the registrant, the net tax of the registrant for the particular reporting period is equal to the positive or negative amount determined by the formula

A + B - C - (1% x D).

In applying the formula provided for in the first paragraph,

(1)  A is the total of all amounts each of which is determined by the formula provided for in the third paragraph, in respect of all the particular supplies to which the same rate applies;

(2)  B is the total of

(a)  all amounts that became collectible and all other amounts collected by the registrant in the particular reporting period as or on account of tax under section 16 of the Act in respect of

i.  supplies, other than specified supplies, made by the registrant, and

ii.  supplies made on behalf of another person for whom the registrant acts as mandatary and in respect of which the registrant has made an election under section 41.0.1 of the Act,

(b)  all amounts in respect of supplies, other than specified supplies, that are required under Chapter VIII of Title I of the Act to be added in determining the net tax for the particular reporting period, and

(c)  the amount that is required under section 473.5 of the Act to be added in determining the net tax for the particular reporting period;

(3)  C is the total of

(a)  all amounts each of which is an input tax refund for one of the following reporting periods, applied for by the registrant in the return filed under Chapter VIII of Title I of the Act for the particular reporting period:

i.  the particular reporting period or a preceding reporting period of the registrant in respect of property, other than specified property, acquired or brought into Québec by the registrant or an improvement to that property,

ii.  a reporting period of the registrant ending before the election became effective in respect of specified property or services, other than an improvement to property that is not specified property, acquired or brought into Québec by the registrant,

iii.  the particular reporting period or a preceding reporting period of the registrant in respect of corporeal movable property that is specified property acquired or brought into Québec by the registrant for the purpose of supply by way of sale and is deemed under section 41.2 of the Act to have been supplied by an auctioneer acting as a mandatary for the registrant or is supplied by a person acting as a mandatary for the registrant in circumstances in which section 41.0.1 of the Act applies, or

iv.  the particular reporting period or a preceding reporting period of the registrant during which the election was in effect in respect of corporeal movable property that is deemed under subparagraph 2 of the first paragraph of section 327.7 of the Act to have been acquired by the registrant and under section 41.1 or 41.2 of the Act to have been supplied by the registrant,

(b)  an amount in respect of a supply, other than a specified supply, that may be deducted by the registrant under Chapter VIII of Title I of the Act in determining the net tax for the particular reporting period and that is claimed in the return filed under Chapter VIII of Title I of the Act by the registrant for the particular reporting period, and

(c)  (subparagraph revoked);

(4)  D is

(a)  nil, where the election was not in effect,

i.  if the registrant became a registrant on a day in the registrant’s fiscal year that includes the particular reporting period, on that day, or

ii.  in any other case, on the first day of that fiscal year,

(b)  nil, if the total net specified supplies of the registrant for all reporting periods of the registrant in that fiscal year during which the registrant was a registrant that end before the particular reporting period is equal to or greater than $31,421, and

(c)  in any other case,

i.  the lesser of the net specified supplies of the registrant for the particular reporting period and $31,421, if the particular reporting period is the first reporting period in that fiscal year during which the registrant was a registrant, or

ii.  the lesser of the net specified supplies of the registrant for the particular reporting period and the amount by which $31,421 exceeds the total net specified supplies of the registrant for all reporting periods of the registrant in that fiscal year during which the registrant was a registrant that end before the particular reporting period, if the particular reporting period is not the first reporting period in that fiscal year during which the registrant was a registrant.

The formula to which subparagraph 1 of the second paragraph refers is

E x F.

In applying the formula provided for in the third paragraph,

(1)  E is the rate of the registrant for the particular reporting period that applies to the particular supplies; and

(2)  F is the portion of the net specified supplies of the registrant for the particular reporting period attributable to the particular supplies.

O.C. 1463-2001, s. 29; O.C. 1470-2002, s. 13; O.C. 134-2009, s. 5; O.C. 390-2012, s. 19; O.C. 701-2013, s. 33.

2012-09-01

434R0.13. Subject to section 434R8.7, if an election by a registrant to determine the net tax of the registrant in accordance with sections 434R0.5 to 434R0.15 is in effect during a particular reporting period of the registrant, the net tax of the registrant for the particular reporting period is equal to the positive or negative amount determined by the formula

A + B - C - (1% x D).

In applying the formula provided for in the first paragraph,

(1)  A is the total of all amounts each of which is determined by the formula provided for in the third paragraph, in respect of all the particular supplies to which the same rate applies;

(2)  B is the total of

(a)  all amounts that became collectible and all other amounts collected by the registrant in the particular reporting period as or on account of tax under section 16 of the Act in respect of

i.  supplies, other than specified supplies, made by the registrant, and

ii.  supplies made on behalf of another person for whom the registrant acts as mandatary and in respect of which the registrant has made an election under section 41.0.1 of the Act,

(b)  all amounts in respect of supplies, other than specified supplies, that are required under Chapter VIII of Title I of the Act to be added in determining the net tax for the particular reporting period, and

(c)  the amount that is required under section 473.5 of the Act to be added in determining the net tax for the particular reporting period;

(3)  C is the total of

(a)  all amounts each of which is an input tax refund for one of the following reporting periods, applied for by the registrant in the return filed under Chapter VIII of Title I of the Act for the particular reporting period:

i.  the particular reporting period or a preceding reporting period of the registrant in respect of property, other than specified property, acquired or brought into Québec by the registrant or an improvement to that property,

ii.  a reporting period of the registrant ending before the election became effective in respect of specified property or services, other than an improvement to property that is not specified property, acquired or brought into Québec by the registrant,

iii.  the particular reporting period or a preceding reporting period of the registrant in respect of corporeal movable property that is specified property acquired or brought into Québec by the registrant for the purpose of supply by way of sale and is deemed under section 41.2 of the Act to have been supplied by an auctioneer acting as a mandatary for the registrant or is supplied by a person acting as a mandatary for the registrant in circumstances in which section 41.0.1 of the Act applies, or

iv.  the particular reporting period or a preceding reporting period of the registrant during which the election was in effect in respect of corporeal movable property that is deemed under subparagraph 2 of the first paragraph of section 327.7 of the Act to have been acquired by the registrant and under section 41.1 or 41.2 of the Act to have been supplied by the registrant,

(b)  an amount in respect of a supply, other than a specified supply, that may be deducted by the registrant under Chapter VIII of Title I of the Act in determining the net tax for the particular reporting period and that is claimed in the return filed under Chapter VIII of Title I of the Act by the registrant for the particular reporting period, and

(c)  (subparagraph revoked);

(4)  D is

(a)  nil, where the election was not in effect,

i.  if the registrant became a registrant on a day in the registrant’s fiscal year that includes the particular reporting period, on that day, or

ii.  in any other case, on the first day of that fiscal year,

(b)  nil, if the total net specified supplies of the registrant for all reporting periods of the registrant in that fiscal year during which the registrant was a registrant that end before the particular reporting period is equal to or greater than $32,850, and

(c)  in any other case,

i.  the lesser of the net specified supplies of the registrant for the particular reporting period and $32,850, if the particular reporting period is the first reporting period in that fiscal year during which the registrant was a registrant, or

ii.  the lesser of the net specified supplies of the registrant for the particular reporting period and the amount by which $32,850 exceeds the total net specified supplies of the registrant for all reporting periods of the registrant in that fiscal year during which the registrant was a registrant that end before the particular reporting period, if the particular reporting period is not the first reporting period in that fiscal year during which the registrant was a registrant.

The formula to which subparagraph 1 of the second paragraph refers is

E x F.

In applying the formula provided for in the third paragraph,

(1)  E is the rate of the registrant for the particular reporting period that applies to the particular supplies; and

(2)  F is the portion of the net specified supplies of the registrant for the particular reporting period attributable to the particular supplies.

O.C. 1463-2001, s. 29; O.C. 1470-2002, s. 13; O.C. 134-2009, s. 5; O.C. 390-2012, s. 19.