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

Section 279r18 Disposition versions

2012-09-01

279R18. The gaming authority’s net tax attributable to non-gaming activities for a reporting period of the authority is the positive or negative amount determined by the formula

A - B.

For the purposes of this formula,

(1)  A is the total of all amounts each of which is, as the case may be:

(a)  an amount that became collectible by the authority during the period, or that was collected by the authority during the period without having become collectible, on account of tax under section 16 of the Act in respect of a non-gaming supply made by the authority; or

(b)  an amount that is required under any of sections 444 to 457.1.2 of the Act to be added in determining the authority’s net tax for the period; and

(2)  B is the total of:

(a)  all amounts each of which is any of the following amounts claimed in the return filed under Chapter VIII of the Act by the authority for the period:

i.  an input tax refund, other than an input tax refund referred to in subparagraph b, for the period or a preceding reporting period of the authority; or

ii.  an amount in respect of a non-gaming supply that may be deducted under any of sections 444 to 450, 455 or 455.1 of the Act in determining the authority’s net tax for the period ;

(b)  twice the value of all amounts each of which is any of the following amounts claimed in the return filed under Chapter VIII of the Act by the authority for the period:

i.  an input tax refund of the authority for the period or a preceding reporting period of the authority in respect of tax deemed under section 256 or 257 of the Act to have been paid by the authority; or

ii.  an input tax refund of the authority for the period or a preceding reporting period of the authority determined under section 233 of the Act;

(c)  all amounts each of which is determined by the formula

B.1 × (100% - B.2).

For the purposes of this formula,

(1)  B.1 is an amount of:

(a)  a reduction, refund or credit of tax for which a credit note is received, or a debit note is issued, in the period by the authority in circumstances described in section 449 of the Act; or

(b)  a rebate received in the period by the authority on account of tax in the circumstances described in section 350.6 of the Act; and

(2)  B.2 is the extent, expressed as a percentage, to which the authority was entitled to claim an input tax refund in respect of that tax in determining the authority’s net tax for any reporting period.

O.C. 1470-2002, s. 7.