T-0.1 - Act respecting the Québec sales tax

Section 457.9 Disposition versions

2009-06-04

457.9. If a person makes an election under section 457.8 in respect of a residential complex, or of an addition to a multiple unit residential complex, for a reporting period, the person shall, in determining the net tax for that period, add the positive amount or deduct the negative amount determined by the formula

(A - B) - C.

For the purposes of this formula,

(1)  A is the particular amount of tax referred to in paragraph 2 of section 457.8;

(2)  B is

(a)  the amount of the rebate that the person would be entitled, if section 378.6 were applied without reference to section 378.16, to claim under section 378.6 in respect of the residential complex or addition, that is determined based on the particular amount of tax, or

(b)  the amount of the rebate that the person would be entitled, if section 378.14 were applied without reference to section 378.16, to claim under section 378.14, that is determined based on the rebate to which the person is entitled under paragraph d of subsection 1 of section 236.4 of the Excise Tax Act (R.S.C. 1985, c. E-15); and

(3)  C is the amount determined by the formula

C1 - C2.

For the purposes of the formula in subparagraph 3 of the second paragraph,

(1)  C1 is the total of all amounts each of which is an input tax refund of the person

(a)  that is in respect of property or a service acquired or brought into Québec, before the particular time referred to in paragraph 2 of section 457.8, for consumption or use for the purpose of making the supply referred to in that paragraph, and

(b)  in respect of which the person satisfies the requirements of the first paragraph of section 201 at the time the election under section 457.8 is filed; and

(2)  C2 is the total of all amounts each of which is an amount included in the determination of C1, but only to the extent that the amount can reasonably be regarded as an amount that

(a)  was claimed or included as an input tax refund or deduction in determining the net tax for the reporting period or a preceding reporting period of the person,

(b)  has previously been rebated, refunded or remitted to the person, or that the person is entitled to obtain as a rebate, refund or remission, or

(c)  is included in an adjustment, refund or credit for which a credit note referred to in section 449 has been received by the person or a debit note referred to in that section has been issued by the person.

2009, c. 15, s. 520.