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

Section 434r8.8 Disposition versions

2013-07-03

434R8.8. For the purpose of determining the input tax refund of a registrant in respect of property or a service for a particular reporting period of the registrant and an amount that is required under section 456 of the Act to be added in determining the net tax of the registrant for any reporting period, for the purposes of sections 434R8.1 to 434R8.14, the amount of tax under section 16 or 17 of the Act, as the case may be, that became payable, or was paid without having become payable, by the registrant during the particular reporting period in respect of the supply or bringing into Québec of the property or service is deemed to be equal to the amount determined by the formula

A x B.

In applying the formula provided for in the first paragraph,

(1)  A is the tax fraction; and

(2)  B is the total of all amounts each of which is

(a)  the consideration that became due, or was paid without having become due, by the registrant during the period in respect of the supply of the property or service to the registrant,

(b)  the tax under section 16 or 17 of the Act that became payable, or was paid without having become payable, by the registrant during the period in respect of the supply or bringing into Québec of the property or service,

(c)  in the case of corporeal movable property that was brought into Québec by the registrant, the amount of a tax or duty imposed in respect of the property under the Excise Tax Act (R.S.C. 1985, c. E-15), other than Part IX, the Customs Act (R.S.C. 1985, c. 1, (2nd Suppl.)), the Special Import Measures Act (R.S.C. 1985, c. S-15) or any other law relating to customs, that became due, or was paid without having become due, by the registrant during the period,

(c.1)  the tax imposed in respect of the property or service under Part IX of the Excise Tax Act that became due or was paid without having become due by the registrant during the period,

(d)  a reasonable gratuity paid by the registrant during the period in connection with the supply, or

(e)  interest, a penalty or other amount paid by the registrant during the period if it was charged to the registrant by the supplier because an amount of consideration, or an amount of a duty or tax referred to in subparagraph c or c.1, that was payable in respect of the supply or bringing into Québec, was overdue.

However, this section applies only if

(1)  the movable property or the service is supplied in Québec to a registrant by another person, or the corporeal movable property is supplied outside Québec to a registrant by another person and brought into Québec by the registrant; and

(2)  the registrant is entitled to claim an input tax refund in respect of the property or service for any reporting period of the registrant.

O.C. 1463-2001, s. 39; O.C. 701-2013, s. 38.

2012-09-01

434R8.8. For the purpose of determining the input tax refund of a registrant in respect of property or a service for a particular reporting period of the registrant and an amount that is required under section 456 of the Act to be added in determining the net tax of the registrant for any reporting period, for the purposes of sections 434R8.1 to 434R8.14, the amount of tax under section 16 or 17 of the Act, as the case may be, that became payable, or was paid without having become payable, by the registrant during the particular reporting period in respect of the supply or bringing into Québec of the property or service is deemed to be equal to the amount determined by the formula

A x B.

In applying the formula provided for in the first paragraph,

(1)  A is the tax fraction; and

(2)  B is the total of all amounts each of which is

(a)  the consideration that became due, or was paid without having become due, by the registrant during the period in respect of the supply of the property or service to the registrant,

(b)  the tax under section 16 or 17 of the Act that became payable, or was paid without having become payable, by the registrant during the period in respect of the supply or bringing into Québec of the property or service,

(c)  in the case of corporeal movable property that was brought into Québec by the registrant, the amount of a tax or duty imposed in respect of the property under the Excise Tax Act (R.S.C. 1985, c. E-15), other than Part IX, the Customs Act (R.S.C. 1985, c. 1, (2nd Suppl.)), the Special Import Measures Act (R.S.C. 1985, c. S-15) or any other law relating to customs, that became due, or was paid without having become due, by the registrant during the period,

(d)  a reasonable gratuity paid by the registrant during the period in connection with the supply, or

(e)  interest, a penalty or other amount paid by the registrant during the period if the amount was charged to the registrant by the supplier because an amount of consideration, duty or tax referred to in subparagraph c that was payable in respect of the supply or bringing into Québec was overdue.

However, this section applies only if

(1)  the movable property or the service is supplied in Québec to a registrant by another person, or the corporeal movable property is supplied outside Québec to a registrant by another person and brought into Québec by the registrant; and

(2)  the registrant is entitled to claim an input tax refund in respect of the property or service for any reporting period of the registrant.

O.C. 1463-2001, s. 39.