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

Section 434r7 Disposition versions

2019-06-19

434R7. Subject to sections 434R8 and 434R8.7, if an election by a registrant to determine the net tax of the registrant in accordance with sections 434R1 to 434R8 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.

For the purposes of that formula:

(1)  A is the total of the amounts 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 the following amounts:

(a)  all amounts each of which is an amount that became collectible, or was 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.  specified supplies made by the registrant; or

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

(b)  the amounts in respect of the specified supplies that must be added, under Chapter VIII of Title I of the Act, in computing the net tax for the particular reporting period;

(b.1)  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;

(c)  the total of all the amounts each of which is an amount of tax deemed, under section 243 of the Act, to have been collected by the registrant during the particular reporting period or a previous reporting period of the registrant in respect of a supply, other than a specified supply, to the extent that the registrant files, in respect of that amount, an application for a rebate under section 387 of the Act for the particular reporting period; and

(d)  the total of all the amounts each of which is an amount of tax that the registrant is deemed, under section 242 of the Act, to have paid during the particular reporting period or a previous reporting period of the registrant in respect of the supply of property and for which the registrant files an application for a rebate under section 387 of the Act for the particular reporting period, to the extent that the registrant was previously deemed, under section 243 of the Act, to have collected the tax in respect of that supply that was not a specified supply; and

(3)  C is the total of the following amounts:

(a)  the total of the amounts each of which is an input tax refund of the registrant for one of the following reporting periods, applied for 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 during which the election was in effect in respect of an immovable acquired by way of purchase by the registrant or an improvement to the immovable;

ii.  the particular reporting period or a previous reporting period of the registrant during which the election was in effect in respect of the supply by way of sale to the registrant, or the bringing into Québec by the registrant, of movable property that was acquired or brought in by the registrant for use as a capital asset and whose fair market value at the time of the supply, or whose value established according to section 17 of the Act at the time that it was brought in, as the case may be, is at least $10,000;

iii.  the particular reporting period or a preceding reporting period of the registrant during which the election was in effect in respect of an improvement to a capital asset, other than an immovable, of the registrant, if the registrant applied for or is entitled to apply for an input tax refund in respect of the last supply to, or bringing into Québec by, the registrant of the capital asset;

iv.  a reporting period of the registrant ending before the coming into effect of the election; or

v.  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, other than property referred to in subparagraph ii, that is acquired or brought into Québec for 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

vi.  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; and

(b)  the amounts, in respect of specified supplies that may be deducted under Chapter VIII of Title I in computing the net tax for the particular reporting period and that the registrant applies for in the return filed under that chapter for that period.

The formula referred to in subparagraph 1 of the second paragraph is the following:

D × (E - F).

For the purposes of that formula:

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

(2)  E is the total of the following amounts:

(a)  all consideration that became due, or was paid without having become due, to the registrant in the particular reporting period for the particular supplies that are taxable supplies, other than designated supplies, supplies of financial services, specified supplies and supplies deemed under section 243 or 350.6 of the Act to have been made, made in Québec by the registrant; and

(b)  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 the particular supplies that are taxable supplies made by the registrant, other than specified supplies and supplies deemed under section 243 or 350.6 of the Act to have been made; and

(3)  F is the total of each amount which is an amount that the registrant paid or credited to a person during the particular reporting period as the following amounts:

(a)  a reduction in, or a rebate or refund of, all or part of the consideration for a particular supply, other than a designated supply or a specified supply, made in Québec by the registrant; or

(b)  a refund of, or a credit for, tax under section 16 of the Act charged to or collected from the person in respect of a particular supply, other than a specified supply.

O.C. 1108-95, s. 8; O.C. 1635-96, s. 18; O.C. 1463-2001, s. 37; O.C. 134-2009, s. 4; O.C. 390-2012, s. 22; O.C. 701-2013, s. 35; S.Q. 2019, c .14, s. 664.

2013-07-03

434R7. Subject to sections 434R8 and 434R8.7, if an election by a registrant to determine the net tax of the registrant in accordance with sections 434R1 to 434R8 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.

For the purposes of that formula:

(1)  A is the total of the amounts 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 the following amounts:

(a)  all amounts each of which is an amount that became collectible, or was 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.  specified supplies made by the registrant; or

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

(b)  the amounts in respect of the specified supplies that must be added, under Chapter VIII of Title I of the Act, in computing the net tax for the particular reporting period;

(b.1)  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;

(c)  the total of all the amounts each of which is an amount of tax deemed, under section 243 of the Act, to have been collected by the registrant during the particular reporting period or a previous reporting period of the registrant in respect of a supply, other than a specified supply, to the extent that the registrant files, in respect of that amount, an application for a rebate under section 387 of the Act for the particular reporting period; and

(d)  the total of all the amounts each of which is an amount of tax that the registrant is deemed, under section 242 of the Act, to have paid during the particular reporting period or a previous reporting period of the registrant in respect of the supply of property and for which the registrant files an application for a rebate under section 387 of the Act for the particular reporting period, to the extent that the registrant was previously deemed, under section 243 of the Act, to have collected the tax in respect of that supply that was not a specified supply; and

(3)  C is the total of the following amounts:

(a)  the total of the amounts each of which is an input tax refund of the registrant for one of the following reporting periods, applied for 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 during which the election was in effect in respect of an immovable acquired by way of purchase by the registrant or an improvement to the immovable;

ii.  the particular reporting period or a previous reporting period of the registrant during which the election was in effect in respect of the supply by way of sale to the registrant, or the bringing into Québec by the registrant, of movable property that was acquired or brought in by the registrant for use as a specified property and whose fair market value at the time of the supply, or whose value established according to section 17 of the Act at the time that it was brought in, as the case may be, is at least $10,000;

iii.  the particular reporting period or a preceding reporting period of the registrant during which the election was in effect in respect of an improvement to a specified property, other than an immovable, of the registrant, if the registrant applied for or is entitled to apply for an input tax refund in respect of the last supply to, or bringing into Québec by, the registrant of the specified property;

iv.  a reporting period of the registrant ending before the coming into effect of the election; or

v.  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, other than property referred to in subparagraph ii, that is acquired or brought into Québec for 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

vi.  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; and

(b)  the amounts, in respect of specified supplies that may be deducted under Chapter VIII of Title I in computing the net tax for the particular reporting period and that the registrant applies for in the return filed under that chapter for that period.

The formula referred to in subparagraph 1 of the second paragraph is the following:

D × (E - F).

For the purposes of that formula:

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

(2)  E is the total of the following amounts:

(a)  all consideration that became due, or was paid without having become due, to the registrant in the particular reporting period for the particular supplies that are taxable supplies, other than designated supplies, supplies of financial services, specified supplies and supplies deemed under section 243 or 350.6 of the Act to have been made, made in Québec by the registrant; and

(b)  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 the particular supplies that are taxable supplies made by the registrant, other than specified supplies and supplies deemed under section 243 or 350.6 of the Act to have been made; and

(3)  F is the total of each amount which is an amount that the registrant paid or credited to a person during the particular reporting period as the following amounts:

(a)  a reduction in, or a rebate or refund of, all or part of the consideration for a particular supply, other than a designated supply or a specified supply, made in Québec by the registrant; or

(b)  a refund of, or a credit for, tax under section 16 of the Act charged to or collected from the person in respect of a particular supply, other than a specified supply.

O.C. 1108-95, s. 8; O.C. 1635-96, s. 18; O.C. 1463-2001, s. 37; O.C. 134-2009, s. 4; O.C. 390-2012, s. 22; O.C. 701-2013, s. 35.

2012-09-01

434R7. Subject to sections 434R8 and 434R8.7, if an election by a registrant to determine the net tax of the registrant in accordance with sections 434R1 to 434R8 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.

For the purposes of that formula:

(1)  A is the total of the amounts 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 the following amounts:

(a)  all amounts each of which is an amount that became collectible, or was 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.  specified supplies made by the registrant; or

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

(b)  the amounts in respect of the specified supplies that must be added, under Chapter VIII of Title I of the Act, in computing the net tax for the particular reporting period;

(b.1)  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;

(c)  the total of all the amounts each of which is an amount of tax deemed, under section 243 of the Act, to have been collected by the registrant during the particular reporting period or a previous reporting period of the registrant in respect of a supply, other than a specified supply, to the extent that the registrant files, in respect of that amount, an application for a rebate under section 387 of the Act for the particular reporting period; and

(d)  the total of all the amounts each of which is an amount of tax that the registrant is deemed, under section 242 of the Act, to have paid during the particular reporting period or a previous reporting period of the registrant in respect of the supply of property and for which the registrant files an application for a rebate under section 387 of the Act for the particular reporting period, to the extent that the registrant was previously deemed, under section 243 of the Act, to have collected the tax in respect of that supply that was not a specified supply; and

(3)  C is the total of the following amounts:

(a)  the total of the amounts each of which is an input tax refund of the registrant for one of the following reporting periods, applied for 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 during which the election was in effect in respect of an immovable acquired by way of purchase by the registrant or an improvement to the immovable;

ii.  the particular reporting period or a previous reporting period of the registrant during which the election was in effect in respect of the supply by way of sale to the registrant, or the bringing into Québec by the registrant, of movable property that was acquired or brought in by the registrant for use as a specified property and whose fair market value at the time of the supply, or whose value established according to section 17 of the Act at the time that it was brought in, as the case may be, is at least $10,500;

iii.  the particular reporting period or a preceding reporting period of the registrant during which the election was in effect in respect of an improvement to a specified property, other than an immovable, of the registrant, if the registrant applied for or is entitled to apply for an input tax refund in respect of the last supply to, or bringing into Québec by, the registrant of the specified property;

iv.  a reporting period of the registrant ending before the coming into effect of the election; or

v.  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, other than property referred to in subparagraph ii, that is acquired or brought into Québec for 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

vi.  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; and

(b)  the amounts, in respect of specified supplies that may be deducted under Chapter VIII of Title I in computing the net tax for the particular reporting period and that the registrant applies for in the return filed under that chapter for that period.

The formula referred to in subparagraph 1 of the second paragraph is the following:

D X (E - F).

For the purposes of that formula:

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

(2)  E is the total of the following amounts:

(a)  all consideration that became due, or was paid without having become due, to the registrant in the particular reporting period for the particular supplies that are taxable supplies, other than designated supplies, supplies of financial services, specified supplies and supplies deemed under section 243 or 350.6 of the Act to have been made, made in Québec by the registrant; and

(b)  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 the particular supplies that are taxable supplies made by the registrant, other than specified supplies and supplies deemed under section 243 or 350.6 of the Act to have been made; and

(3)  F is the total of each amount which is an amount that the registrant paid or credited to a person during the particular reporting period as the following amounts:

(a)  a reduction in, or a rebate or refund of, all or part of the consideration for a particular supply, other than a designated supply or a specified supply, made in Québec by the registrant; or

(b)  a refund of, or a credit for, tax under section 16 of the Act charged to or collected from the person in respect of a particular supply, other than a specified supply.

O.C. 1108-95, s. 8; O.C. 1635-96, s. 18; O.C. 1463-2001, s. 37; O.C. 134-2009, s. 4; O.C. 390-2012, s. 22.