T-0.1 - Act respecting the Québec sales tax

Section 301.12 Disposition versions

2023-03-15

301.12. The property or service that a registrant that is a corporation resident in Canada (in this section referred to as the “purchaser”) acquires or brings into Québec is deemed to have been acquired or brought into Québec, as the case may be, for use exclusively in the course of commercial activities of the purchaser if

(1)  the property or service is related to the acquisition or proposed acquisition by the purchaser of all or substantially all of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of another corporation; and

(2)  throughout the period beginning when the performance of the service began or when the purchaser acquired or brought into Québec the property and ending on the later of the days described in subparagraph 1 of the second paragraph, all or substantially all of the property of the other corporation was property that was last manufactured, produced, acquired or imported into Canada for consumption, use or supply exclusively in the course of commercial activities.

For the purpose of determining an input tax refund, any tax in respect of the supply of the property or service to the purchaser, or the bringing into Québec of the property by the purchaser, is deemed to have become payable and been paid by the purchaser on the later of

(1)  the later of the day the purchaser acquired all or substantially all of the shares and the day the intention to acquire the shares was abandoned; and

(2)  the day the tax became payable or was paid by the purchaser.

2012, c. 28, s. 100; 2023, c. 2, s. 87.

2013-01-01

301.12. The property or service that a registrant that is a corporation resident in Canada (in this section referred to as the “purchaser”) acquires or brings into Québec is deemed to have been acquired or brought into Québec, as the case may be, for use exclusively in the course of commercial activities of the purchaser if

(1)  the property or service is related to the acquisition or proposed acquisition by the purchaser of all or substantially all of the issued and outstanding shares, having full voting rights under all circumstances, of the capital stock of another corporation; and

(2)  throughout the period beginning when the performance of the service began or when the purchaser acquired or brought into Québec, as the case may be, the property and ending on the later of the days described in subparagraph 1 of the second paragraph, all or substantially all of the property of the other corporation was property that was acquired or imported into Canada for consumption, use or supply exclusively in the course of commercial activities.

For the purpose of determining an input tax refund, any tax in respect of the supply of the property or service to the purchaser, or the bringing into Québec of the property by the purchaser, is deemed to have become payable and been paid by the purchaser on the later of

(1)  the later of the day the purchaser acquired all or substantially all of the shares and the day the intention to acquire the shares was abandoned; and

(2)  the day the tax became payable or was paid by the purchaser.

2012, c. 28, s. 100.