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T-0.1 - Act respecting the Québec sales tax

Section 477.16
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477.16. Despite section 447, a person registered under Division II, or a registrant who has made the election under section 41.0.1 with such a person, who, in a reporting period, has charged to, or collected from, another person registered under Division I of Chapter VIII an amount as or on account of tax under section 16 that exceeds the tax the person or registrant was required to collect from the other person shall, within two years after the day on which the amount was charged or collected, 
(1)  adjust the amount of tax charged, if the excess amount was charged but not collected; or
(2)  refund or credit the excess amount to the other person, if it was collected.
Where the person or registrant has adjusted, refunded or credited an amount in favour of, or to, the other person in accordance with the first paragraph, the following rules apply:
(1)  the person or registrant shall, within a reasonable time, issue to the other person a credit note for the amount of the adjustment, refund or credit; and
(2)  the amount may be deducted in determining the person’s specified net tax or the registrant’s net tax, as the case may be, for the person’s or the registrant’s reporting period in which the credit note is issued to the other person, to the extent that the amount has been included in determining the person’s specified net tax or the registrant’s net tax for the reporting period, or a preceding reporting period, of the person or registrant.
2018, c. 18, s. 78; 2019, c. 14, s. 559.
477.16. Despite section 447, a person registered under Division II, or a registrant who has made the election under section 41.0.1 with such a person, who, in a reporting period, has charged to, or collected from, another person registered under Division I of Chapter VIII an amount as or on account of tax under section 16 that exceeds the tax the person or registrant was required to collect from the other person shall, within two years after the day on which the amount was charged or collected, 
(1)  adjust the amount of tax charged, if the excess amount was charged but not collected; or
(2)  refund or credit the excess amount to the other person, if it was collected.
Where the person or registrant has adjusted, refunded or credited an amount in favour of, or to, the other person in accordance with the first paragraph, the following rules apply:
(1)  the person or registrant shall, within a reasonable time, issue to the other person a credit note for the amount of the adjustment, refund or credit; and
(2)  the amount may be deducted in determining the person’s specified net tax or the registrant’s net tax, as the case may be, for the person’s or the registrant’s reporting period in which the credit note is issued to the other person, to the extent that the amount has been included in determining the person’s specified net tax or the registrant’s net tax for the reporting period, or a preceding reporting period, of the person or registrant.
2018, c. 18, s. 78; 2019, c. 14, s. 559.
See S.Q. 2018, c. 18, s. 135, par. (3).
477.16. Despite section 447, a person registered under Division II who, in a reporting period, has charged to, or collected from, another person registered under Division I of Chapter VIII an amount as or on account of tax under section 16 that exceeds the tax the person was required to collect from the other person shall, within two years after the day on which the amount was charged or collected,
(1)  adjust the amount of tax charged, if the excess amount was charged but not collected; or
(2)  refund or credit the excess amount to the other person, if it was collected.
Where the person has adjusted, refunded or credited an amount in favour of, or to, the other person in accordance with the first paragraph, the following rules apply:
(1)  the person shall, within a reasonable time, issue to the other person a credit note for the amount of the adjustment, refund or credit; and
(2)  the amount may be deducted in determining the person’s specified net tax for the person’s reporting period in which the credit note is issued to the other person, to the extent that the amount has been included in determining the person’s specified net tax for the reporting period, or a preceding reporting period, of the person.
2018, c. 18, s. 78.
See S.Q. 2018, c. 18, s. 135, par. (3).
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