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

Section 677r12 Disposition versions

2021-01-01

677R12. (Revoked).

O.C. 1108-95, s. 10; O.C. 1466-98, s. 14; O.C. 204-2020, s. 5.

2012-09-01

677R12. For the purposes of this section and sections 677R13 to 677R31, the expression:

“Agreement” means the Regulation respecting the Canadian Agreement on Vehicle Registration (O.C. 1644-95, 95-12-13); (Entente)

“broker driver” means a person contracting in writing with a carrier to provide a vehicle with the services of a driver under the direct control of the carrier; (sous-transporteur)

“carrier” means a person operating an interprovincial highway transportation business and includes a trucking business, a moving business, a business transporting its own merchandise or a bus company providing charter or scheduled service; (transporteur)

“distribution year” means the period from 1 July to 30 June; (année de répartition)

“fair value” is the amount determined by the following formula:

A - B.

For the purposes of that formula:

(1)  A is the total of the amounts determined by the formula provided for in the third paragraph in respect of a supply; and

(2)  B is straight line depreciation computed on the total determined as A of this formula at 1.5% per month or part of a month elapsed, excluding the month in which the supply is made, up to a maximum of 60%, from the first of the month following the date on which the supply is made to the date of registration under the Agreement or the date of the change of use of the vehicle, as the case may be.

The formula referred to in paragraph 1 of the second paragraph is the following:

C + D - E.

For the purposes of that formula:

(1)  C is the value of the consideration for the supply within the meaning of section 51 of the Act;

(2)  D is the total of the duties, fees or taxes that are levied under a statute of Canada, upon the recipient or the supplier in respect of the supply, the production, the importation into Canada, the consumption or the use of the vehicle supplied and that are payable by the recipient or the supplier; and

(3)  E is the credit granted in the case of an exchange if that credit is granted by the competent authority of the province where the supply was made; (juste valeur)

“motor vehicle” means a tractor, a truck, a bus or any other self-propelled vehicle; (véhicule automobile)

“property related to the vehicle” means a component or replacement part of a vehicle and materials for manufacturing or repairing such part or a vehicle if no amount is required to be included, in computing the input tax refund, in respect of the supply or the bringing into Québec of such component, part or materials in accordance with sections 206.4 and 206.5 of the Act and if that property is related to the vehicle as defined in this section; (bien relatif au véhicule) and

“vehicle” means a motor vehicle used for interprovincial transportation, registered as a Category A vehicle or defined as a Category B or Category C vehicle under the Agreement, or a trailer, without regard to the place where it is used, excluding a vehicle leased for a period of 30 days or less. (véhicule)

O.C. 1108-95, s. 10; O.C. 1466-98, s. 14.