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

Section 434r0.2 Disposition versions

2019-06-19

434R0.2. For the purposes of sections 434R0.1 to 434R12,

“capital asset” of a person means

(1)  property that is, or would be if the person were a taxpayer under the Taxation Act (chapter I-3), capital property of the person within the meaning of that Act; and

(2)  in respect of a supply that was made by the person at any time before 1 January 2017, property that was, or would have been if the person were a taxpayer under the Taxation Act, incorporeal capital property of the person within the meaning of that Act, as it read at that time;

“consideration”, in respect of a supply, includes all amounts credited to the recipient of the supply in respect of a trade-in, within the meaning of section 54.1 of the Act, accepted in full or partial consideration for the supply or, if the supplier and the recipient are not dealing with each other at arm’s length at the time the supply is made and the amount credited to the recipient in respect of the trade-in exceeds the fair market value of the trade-in at the time ownership of it is transferred to the supplier, that fair market value;

“election” means an election under section 434 of the Act.

O.C. 1463-2001, s. 29; O.C. 1249-2005, s. 1; O.C. 321-2017, s. 24; S.Q. 2019, c .14, s. 659.

2017-04-12

434R0.2. For the purposes of sections 434R0.1 to 434R12,

“capital asset” means property that is a capital property of a person within the meaning of the Taxation Act (chapter I-3), or that would be such property if the person were a taxpayer within the meaning of that Act;

“consideration”, in respect of a supply, includes all amounts credited to the recipient of the supply in respect of a trade-in, within the meaning of section 54.1 of the Act, accepted in full or partial consideration for the supply or, if the supplier and the recipient are not dealing with each other at arm’s length at the time the supply is made and the amount credited to the recipient in respect of the trade-in exceeds the fair market value of the trade-in at the time ownership of it is transferred to the supplier, that fair market value;

“election” means an election under section 434 of the Act;

“eligible capital property”, in respect of a person, means property that is, or would be if the person were a taxpayer under the Taxation Act, incorporeal capital property of the person within the meaning of that Act.

O.C. 1463-2001, s. 29; O.C. 1249-2005, s. 1; O.C. 321-2017, s. 24.

2012-09-01

434R0.2. For the purposes of sections 434R0.1 to 434R12,

“capital asset” means property that is a capital property of a person within the meaning of the Taxation Act (chapter I-3), or that would be such property if the person were a taxpayer within the meaning of that Act;

“consideration”, in respect of a supply, includes all amounts credited to the recipient of the supply in respect of a trade-in, within the meaning of section 54.1 of the Act, accepted in full or partial consideration for the supply or, if the supplier and the recipient are not dealing with each other at arm’s length at the time the supply is made and the amount credited to the recipient in respect of the trade-in exceeds the fair market value of the trade-in at the time ownership of it is transferred to the supplier, that fair market value;

“election” means an election under section 434 of the Act;

“fiscal year”, in respect of a person, has the meaning assigned by section 458.1 of the Act;

“eligible capital property”, in respect of a person, means property that is, or would be if the person were a taxpayer under the Taxation Act, incorporeal capital property of the person within the meaning of that Act.

O.C. 1463-2001, s. 29; O.C. 1249-2005, s. 1.