A-6.002 - Tax Administration Act

Section 59.2.3 Disposition versions

2012-12-07

59.2.3. In addition to any other penalty under this Act, a reporting institution that fails to report, within the time limit prescribed by section 350.0.3 of the Act respecting the Québec sales tax (chapter T-0.1) or in the manner determined by the Minister, an actual amount (other than an actual amount for which the reporting institution is allowed to provide a reasonable estimate in accordance with section 350.0.5 of that Act) in an information return required to be filed under section 350.0.3 of that Act, or that misstates such an actual amount in the information return, and that does not take the necessary measures to attempt to report the actual amount, incurs a penalty, for each such failure or misstatement, equal to the lesser of $1,000 and 1% of the value of the difference, expressed as a positive number, between the actual amount and

(1)  if the reporting institution failed to report the actual amount within the time limit prescribed by section 350.0.3 of the Act respecting the Québec sales tax or in the manner determined by the Minister, zero; or

(2)  if the reporting institution misstated the actual amount, the amount reported by the reporting institution in the information return.

In addition to any other penalty under this Act, a reporting institution that fails to provide, within the time limit prescribed by section 350.0.3 of the Act respecting the Québec sales tax or in the manner determined by the Minister, a reasonable estimate for an amount that is not an actual amount, or for an actual amount for which the reporting institution is allowed to provide a reasonable estimate in accordance with section 350.0.5 of that Act, whose amount must be provided in an information return required to be filed under section 350.0.3 of that Act for a fiscal year and that does not take the necessary measures to attempt to report such a reasonable estimate incurs a penalty, for each such failure, equal to the lesser of $1,000 and 1% of the total of

(1)  all amounts each of which is an amount that became collectible by the reporting institution, or that was collected by the reporting institution, as or on account of tax under section 16 of the Act respecting the Québec sales tax for a reporting period in the fiscal year; and

(2)  all amounts, each of which is an amount that the reporting institution claimed as an input tax refund in a return under Division IV of Chapter VIII of Title I of the Act respecting the Québec sales tax filed by the reporting institution for a reporting period in the fiscal year.

For the purposes of this section, “actual amount” and “reporting institution” have the meaning assigned by sections 350.0.1 and 350.0.2 of the Act respecting the Québec sales tax, respectively.

2012, c. 28, s. 12.