T-0.1 - Act respecting the Québec sales tax

Section 402.13 Disposition versions

2020-09-24

402.13. For the purposes of this subdivision,

“active member” has the meaning assigned by subsection 1 of section 8500 of the Income Tax Regulations (C.R.C., c. 945) made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“claim period” has, subject to the seventh paragraph, the meaning assigned by section 383;

“eligible amount” of a pension entity for a claim period means, subject to the second paragraph, an amount of tax, other than a recoverable amount in respect of the claim period, that

(1)  became payable by the pension entity during the claim period, or was paid by the pension entity during the claim period without having become payable, in respect of the supply or bringing into Québec of a property or a service that the pension entity acquired or brought into Québec, as the case may be, for consumption, use or supply in respect of a pension plan, other than an amount of tax that

(a)  is deemed to have been paid by the pension entity under this Title (other than sections 223 to 231.1),

(b)  became payable, or was paid without having become payable, by the pension entity at a time when it was entitled to claim a rebate under sections 383 to 388 and 394 to 397.2, or

(c)  was payable under section 16, or is deemed under sections 223 to 231.1 to have been paid, by the pension entity in respect of the taxable supply to the pension entity of a residential complex, an addition to a residential complex or land if, in respect of that supply, the pension entity was entitled to claim a rebate under subdivision IV.2 of subdivision 3 or would be so entitled after paying the tax payable in respect of that supply, or

(d)  (subparagraph repealed);

(2)  is deemed to have been paid by the pension entity under Division I.1 of Chapter VI during the claim period;

“employee contribution” means a contribution by an employee of an employer to a pooled registered pension plan that

(1)  may be deducted by the employee under paragraph b of section 339 of the Taxation Act (chapter I-3) in computing income; and

(2)  is remitted by the employer to the administrator of the plan under a contract with the administrator in respect of all or a class of the employees of the employer;

“employer contribution” means a contribution by an employer to a pension plan that may be deducted by the employer under section 137 of the Taxation Act;

“non-qualifying pension entity” means a pension entity that is not a qualifying pension entity;

“pension rebate amount” of a pension entity of a pension plan for a claim period means the amount determined by the formula

A × B;

“qualifying employer” of a pension plan for a calendar year means a participating employer of the pension plan that is a registrant and that

(1)  where employer contributions were made to the pension plan in the preceding calendar year, made employer contributions to the pension plan in that year; and

(2)  in any other case, was the employer of one or more active members of the pension plan in the preceding calendar year;

“qualifying pension entity” means a pension entity of a pension plan other than a pension plan in respect of which

(1)  10% or more of the total employer contributions in the last preceding calendar year in which employer contributions were made to the pension plan were made by listed financial institutions; or

(2)  it can reasonably be expected that 10% or more of the total employer contributions in the subsequent calendar year in which employer contributions will be required to be made to the pension plan will be made by listed financial institutions;

“recoverable amount” in respect of a claim period of a person means an amount of tax

(1)  that is included in determining an input tax refund of the person for the claim period;

(2)  for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund, remission or compensation under a section of this Act (other than a section of this subdivision) or under any other Act; or

(3)  that can reasonably be regarded as having been included in an amount adjusted, refunded or credited to or in favour of the person for which a credit note referred to in section 449 has been received by the person or a debit note referred to in that section has been issued by the person;

“tax recovery rate” of a person for a fiscal year means the lesser of

(1)  100%; and

(2)  the fraction (expressed as a percentage) determined by the formula

(A + B)/C.

If a pension entity is a selected listed financial institution throughout a claim period, the eligible amount of the pension entity for the claim period is deemed to be nil.

For the purposes of the formula in the definition of “pension rebate amount” in the first paragraph,

(1)  A is

(a)  if the pension plan is a registered pension plan, 33%,

(b)  if the pension plan is a pooled registered pension plan and either employer contributions or employee contributions were made to the pension plan in the particular calendar year that is the last calendar year ending on or before the last day of the claim period, an amount (expressed as a percentage) determined by the formula

33% × (C/D),

(c)  if the pension plan is a pooled registered pension plan, neither employer contributions nor employee contributions were made to the pension plan in the particular calendar year that is the last calendar year ending on or before the last day of the claim period and it is reasonable to expect that employer contributions will be made to the pension plan in a subsequent calendar year, an amount (expressed as a percentage) determined for the first calendar year following the particular calendar year (in this section referred to as the “first calendar year of contribution”) in which employer contributions are reasonably expected to be made to the pension plan by the formula

33% × (E/F), or

(d)  if the pension plan is a pooled registered pension plan and subparagraphs b and c do not apply, 0%; and

(2)  B is the amount determined by the formula

G + H.

For the purposes of the formulas in the third paragraph,

(1)  C is the total of all amounts each of which is determined for an employer that made employer contributions to the pension plan in the particular calendar year by the formula

C1 + C2;

(2)  D is the total of all amounts contributed to the pension plan in the particular calendar year;

(3)  E is the total of all amounts each of which is determined for an employer reasonably expected to make employer contributions to the pension plan in the first calendar year of contribution by the formula

E1 + E2;

(4)  F is the total of all amounts reasonably expected to be contributed to the pension plan in the first calendar year of contribution;

(5)  G is the total of all amounts each of which is an eligible amount of the pension entity for the claim period that is described in paragraph 1 of the definition of “eligible amount” in the first paragraph; and

(6)  H is

(a)  if an application for a rebate under section 402.14 for the claim period is filed in accordance with section 402.16, the total amount indicated on the application under section 402.16.1,

(b)  if an election made under section 402.19.1 for the claim period is filed in accordance with the second paragraph of section 402.21, the total amount indicated on the election under subparagraph 3 of the second paragraph of section 402.21, or

(c)  in any other case, zero.

For the purposes of the formulas in subparagraphs 1 and 3 of the fourth paragraph,

(1)  C1 is the total of all amounts each of which is an employer contribution made by the employer to the pension plan in the particular calendar year;

(2)  C2 is the total of all amounts each of which is an employee contribution made by an employee of the employer to the pension plan in the particular calendar year;

(3)  E1 is the total of all amounts each of which is an employer contribution reasonably expected to be made by the employer to the pension plan in the first calendar year of contribution; and

(4)  E2 is the total of all amounts each of which is an employee contribution reasonably expected to be made by an employee of the employer to the pension plan in the first calendar year of contribution.

For the purposes of the formula in the definition of “tax recovery rate” in the first paragraph,

(1)  A is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of A in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act (R.S.C. 1985, c. E-15) for a reporting period included in the fiscal year, and

(b)  in any other case, an input tax refund of the person for a reporting period included in the fiscal year;

(2)  B is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of B in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act for a claim period included in the fiscal year, and

(b)  in any other case, a rebate to which the person is entitled under sections 383 to 388 and 394 to 397.2 for a claim period included in the fiscal year; and

(3)  C is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i in the description of C in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act that became payable, or was paid without having become payable, by the person during the fiscal year, and

(b)  in any other case, an amount of tax that became payable, or was paid without having become payable, by the person during the fiscal year.

If a particular claim period of a pension entity began before 1 January 2013 and would have included that date but for this paragraph, the following rules apply:

(1)  the particular claim period is deemed to end on 31 December 2012; and

(2)  the claim period that follows the particular claim period is deemed to begin on 1 January 2013 and to end on the day the particular claim period would have ended but for this paragraph.

2001, c. 53, s. 363; 2011, c. 34, s. 150; 2012, c. 28, s. 142; 2015, c. 21, s. 725; 2015, c. 36, s. 211; 2019, c. 14, s. 552; 2020, c. 16, s. 231.

2019-06-19

402.13. For the purposes of this subdivision,

“active member” has the meaning assigned by subsection 1 of section 8500 of the Income Tax Regulations (C.R.C., c. 945) made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“claim period” has, subject to the seventh paragraph, the meaning assigned by section 383;

“eligible amount” of a pension entity for a claim period means, subject to the second paragraph, an amount of tax, other than a recoverable amount in respect of the claim period, that

(1)  became payable by the pension entity during the claim period, or was paid by the pension entity during the claim period without having become payable, in respect of the supply or bringing into Québec of a property or a service that the pension entity acquired or brought into Québec, as the case may be, for consumption, use or supply in respect of a pension plan, other than an amount of tax that

(a)  is deemed to have been paid by the pension entity under this Title (other than sections 223 to 231.1),

(b)  became payable, or was paid without having become payable, by the pension entity at a time when it was entitled to claim a rebate under sections 383 to 388 and 394 to 397.2,

(c)  was payable under section 16, or is deemed under sections 223 to 231.1 to have been paid, by the pension entity in respect of the taxable supply to the pension entity of a residential complex, an addition to a residential complex or land if, in respect of that supply, the pension entity was entitled to claim a rebate under subdivision IV.2 of subdivision 3 or would be so entitled after paying the tax payable in respect of that supply, or

(d)  (subparagraph repealed);

(2)  is deemed to have been paid by the pension entity under Division I.1 of Chapter VI during the claim period;

“employee contribution” means a contribution by an employee of an employer to a pooled registered pension plan that

(1)  may be deducted by the employee under paragraph b of section 339 of the Taxation Act (chapter I-3) in computing income; and

(2)  is remitted by the employer to the administrator of the plan under a contract with the administrator in respect of all or a class of the employees of the employer;

“employer contribution” means a contribution by an employer to a pension plan that may be deducted by the employer under section 137 of the Taxation Act;

“non-qualifying pension entity” means a pension entity that is not a qualifying pension entity;

“pension rebate amount” of a pension entity of a pension plan for a claim period means the amount determined by the formula

A × B;

“qualifying employer” of a pension plan for a calendar year means a participating employer of the pension plan that is a registrant and that

(1)  where employer contributions were made to the pension plan in the preceding calendar year, made employer contributions to the pension plan in that year; and

(2)  in any other case, was the employer of one or more active members of the pension plan in the preceding calendar year;

“qualifying pension entity” means a pension entity of a pension plan other than a pension plan in respect of which

(1)  10% or more of the total employer contributions in the last preceding calendar year in which employer contributions were made to the pension plan were made by listed financial institutions; or

(2)  it can reasonably be expected that 10% or more of the total employer contributions in the subsequent calendar year in which employer contributions will be required to be made to the pension plan will be made by listed financial institutions;

“recoverable amount” in respect of a claim period of a person means an amount of tax

(1)  that is included in determining an input tax refund of the person for the claim period;

(2)  for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund, remission or compensation under a section of this Act (other than a section of this subdivision) or under any other Act; or

(3)  that can reasonably be regarded as having been included in an amount adjusted, refunded or credited to or in favour of the person for which a credit note referred to in section 449 has been received by the person or a debit note referred to in that section has been issued by the person;

“tax recovery rate” of a person for a fiscal year means the lesser of

(1)  100%; and

(2)  the fraction (expressed as a percentage) determined by the formula

(A + B)/C.

If a pension entity is a selected listed financial institution throughout a claim period, the eligible amount of the pension entity for the claim period is deemed to be nil.

For the purposes of the formula in the definition of “pension rebate amount” in the first paragraph,

(1)  A is

(a)  if the pension plan is a registered pension plan, 33%,

(b)  if the pension plan is a pooled registered pension plan and either employer contributions or employee contributions were made to the pension plan in the particular calendar year that is the last calendar year ending on or before the last day of the claim period, an amount (expressed as a percentage) determined by the formula

33% × (C/D),

(c)  if the pension plan is a pooled registered pension plan, neither employer contributions nor employee contributions were made to the pension plan in the particular calendar year that is the last calendar year ending on or before the last day of the claim period and it is reasonable to expect that employer contributions will be made to the pension plan in a subsequent calendar year, an amount (expressed as a percentage) determined for the first calendar year following the particular calendar year (in this section referred to as the “first calendar year of contribution”) in which employer contributions are reasonably expected to be made to the pension plan by the formula

33% × (E/F), or

(d)  if the pension plan is a pooled registered pension plan and subparagraphs b and c do not apply, 0%; and

(2)  B is the total of all amounts each of which is an eligible amount of the pension entity for the claim period.

For the purposes of the formulas in subparagraphs b and c of subparagraph 1 of the third paragraph,

(1)  C is the total of all amounts each of which is determined for an employer that made employer contributions to the pension plan in the particular calendar year by the formula

C1 + C2;

(2)  D is the total of all amounts contributed to the pension plan in the particular calendar year;

(3)  E is the total of all amounts each of which is determined for an employer reasonably expected to make employer contributions to the pension plan in the first calendar year of contribution by the formula

E1 + E2; and

(4)  F is the total of all amounts reasonably expected to be contributed to the pension plan in the first calendar year of contribution.

For the purposes of the formulas in subparagraphs 1 and 3 of the fourth paragraph,

(1)  C1 is the total of all amounts each of which is an employer contribution made by the employer to the pension plan in the particular calendar year;

(2)  C2 is the total of all amounts each of which is an employee contribution made by an employee of the employer to the pension plan in the particular calendar year;

(3)  E1 is the total of all amounts each of which is an employer contribution reasonably expected to be made by the employer to the pension plan in the first calendar year of contribution; and

(4)  E2 is the total of all amounts each of which is an employee contribution reasonably expected to be made by an employee of the employer to the pension plan in the first calendar year of contribution.

For the purposes of the formula in the definition of “tax recovery rate” in the first paragraph,

(1)  A is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of A in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act (R.S.C. 1985, c. E-15) for a reporting period included in the fiscal year, and

(b)  in any other case, an input tax refund of the person for a reporting period included in the fiscal year;

(2)  B is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of B in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act for a claim period included in the fiscal year, and

(b)  in any other case, a rebate to which the person is entitled under sections 383 to 388 and 394 to 397.2 for a claim period included in the fiscal year; and

(3)  C is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i in the description of C in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act that became payable, or was paid without having become payable, by the person during the fiscal year, and

(b)  in any other case, an amount of tax that became payable, or was paid without having become payable, by the person during the fiscal year.

If a particular claim period of a pension entity began before 1 January 2013 and would have included that date but for this paragraph, the following rules apply:

(1)  the particular claim period is deemed to end on 31 December 2012; and

(2)  the claim period that follows the particular claim period is deemed to begin on 1 January 2013 and to end on the day the particular claim period would have ended but for this paragraph.

2001, c. 53, s. 363; 2011, c. 34, s. 150; 2012, c. 28, s. 142; 2015, c. 21, s. 725; 2015, c. 36, s. 211; 2019, c. 14, s. 552.

2015-12-04

402.13. For the purposes of this subdivision,

“active member” has the meaning assigned by subsection 1 of section 8500 of the Income Tax Regulations (C.R.C., c. 945) made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“claim period” has, subject to the seventh paragraph, the meaning assigned by section 383;

“eligible amount” of a pension entity for a claim period means, subject to the second paragraph, an amount of tax, other than a recoverable amount in respect of the claim period, that

(1)  became payable by the pension entity during the claim period, or was paid by the pension entity during the claim period without having become payable, in respect of the supply or bringing into Québec of a property or a service that the pension entity acquired or brought into Québec, as the case may be, for consumption, use or supply in respect of a pension plan, other than an amount of tax that

(a)  is deemed to have been paid by the pension entity under this Title (other than sections 223 to 231.1),

(b)  became payable, or was paid without having become payable, by the pension entity at a time when it was entitled to claim a rebate under sections 383 to 388 and 394 to 397.2,

(c)  was payable under section 16, or is deemed under sections 223 to 231.1 to have been paid, by the pension entity in respect of the taxable supply to the pension entity of a residential complex, an addition to a residential complex or land if, in respect of that supply, the pension entity was entitled to claim a rebate under subdivision IV.2 of subdivision 3 or would be so entitled after paying the tax payable in respect of that supply, or

(d)  would be included in determining an input tax refund of the pension entity, were it not for the fact that the pension entity is a large business within the meaning of section 551 of chapter 63 of the statutes of 1995; or

(2)  is deemed to have been paid by the pension entity under Division I.1 of Chapter VI during the claim period;

“employee contribution” means a contribution by an employee of an employer to a pooled registered pension plan that

(1)  may be deducted by the employee under paragraph b of section 339 of the Taxation Act (chapter I-3) in computing income; and

(2)  is remitted by the employer to the administrator of the plan under a contract with the administrator in respect of all or a class of the employees of the employer;

“employer contribution” means a contribution by an employer to a pension plan that may be deducted by the employer under section 137 of the Taxation Act;

“non-qualifying pension entity” means a pension entity that is not a qualifying pension entity;

“pension rebate amount” of a pension entity of a pension plan for a claim period means the amount determined by the formula

A × B;

“qualifying employer” of a pension plan for a calendar year means a participating employer of the pension plan that is a registrant and that

(1)  where employer contributions were made to the pension plan in the preceding calendar year, made employer contributions to the pension plan in that year; and

(2)  in any other case, was the employer of one or more active members of the pension plan in the preceding calendar year;

“qualifying pension entity” means a pension entity of a pension plan other than a pension plan in respect of which

(1)  10% or more of the total employer contributions in the last preceding calendar year in which employer contributions were made to the pension plan were made by listed financial institutions; or

(2)  it can reasonably be expected that 10% or more of the total employer contributions in the subsequent calendar year in which employer contributions will be required to be made to the pension plan will be made by listed financial institutions;

“recoverable amount” in respect of a claim period of a person means an amount of tax

(1)  that is included in determining an input tax refund of the person for the claim period;

(2)  for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund, remission or compensation under a section of this Act (other than a section of this subdivision) or under any other Act; or

(3)  that can reasonably be regarded as having been included in an amount adjusted, refunded or credited to or in favour of the person for which a credit note referred to in section 449 has been received by the person or a debit note referred to in that section has been issued by the person;

“tax recovery rate” of a person for a fiscal year means the lesser of

(1)  100%; and

(2)  the fraction (expressed as a percentage) determined by the formula

(A + B)/C.

If a pension entity is a selected listed financial institution throughout a claim period, the eligible amount of the pension entity for the claim period is deemed to be nil.

For the purposes of the formula in the definition of “pension rebate amount” in the first paragraph,

(1)  A is

(a)  if the pension plan is a registered pension plan, 33%,

(b)  if the pension plan is a pooled registered pension plan and either employer contributions or employee contributions were made to the pension plan in the particular calendar year that is the last calendar year ending on or before the last day of the claim period, an amount (expressed as a percentage) determined by the formula

33% × (C/D),

(c)  if the pension plan is a pooled registered pension plan, neither employer contributions nor employee contributions were made to the pension plan in the particular calendar year that is the last calendar year ending on or before the last day of the claim period and it is reasonable to expect that employer contributions will be made to the pension plan in a subsequent calendar year, an amount (expressed as a percentage) determined for the first calendar year following the particular calendar year (in this section referred to as the “first calendar year of contribution”) in which employer contributions are reasonably expected to be made to the pension plan by the formula

33% × (E/F), or

(d)  if the pension plan is a pooled registered pension plan and subparagraphs b and c do not apply, 0%; and

(2)  B is the total of all amounts each of which is an eligible amount of the pension entity for the claim period.

For the purposes of the formulas in subparagraphs b and c of subparagraph 1 of the third paragraph,

(1)  C is the total of all amounts each of which is determined for an employer that made employer contributions to the pension plan in the particular calendar year by the formula

C1 + C2;

(2)  D is the total of all amounts contributed to the pension plan in the particular calendar year;

(3)  E is the total of all amounts each of which is determined for an employer reasonably expected to make employer contributions to the pension plan in the first calendar year of contribution by the formula

E1 + E2; and

(4)  F is the total of all amounts reasonably expected to be contributed to the pension plan in the first calendar year of contribution.

For the purposes of the formulas in subparagraphs 1 and 3 of the fourth paragraph,

(1)  C1 is the total of all amounts each of which is an employer contribution made by the employer to the pension plan in the particular calendar year;

(2)  C2 is the total of all amounts each of which is an employee contribution made by an employee of the employer to the pension plan in the particular calendar year;

(3)  E1 is the total of all amounts each of which is an employer contribution reasonably expected to be made by the employer to the pension plan in the first calendar year of contribution; and

(4)  E2 is the total of all amounts each of which is an employee contribution reasonably expected to be made by an employee of the employer to the pension plan in the first calendar year of contribution.

For the purposes of the formula in the definition of “tax recovery rate” in the first paragraph,

(1)  A is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of A in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act (R.S.C. 1985, c. E-15) for a reporting period included in the fiscal year, and

(b)  in any other case, an input tax refund of the person for a reporting period included in the fiscal year;

(2)  B is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of B in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act for a claim period included in the fiscal year, and

(b)  in any other case, a rebate to which the person is entitled under sections 383 to 388 and 394 to 397.2 for a claim period included in the fiscal year; and

(3)  C is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i in the description of C in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act that became payable, or was paid without having become payable, by the person during the fiscal year, and

(b)  in any other case, an amount of tax that became payable, or was paid without having become payable, by the person during the fiscal year.

If a particular claim period of a pension entity began before 1 January 2013 and would have included that date but for this paragraph, the following rules apply:

(1)  the particular claim period is deemed to end on 31 December 2012; and

(2)  the claim period that follows the particular claim period is deemed to begin on 1 January 2013 and to end on the day the particular claim period would have ended but for this paragraph.

2001, c. 53, s. 363; 2011, c. 34, s. 150; 2012, c. 28, s. 142; 2015, c. 21, s. 725; 2015, c. 36, s. 211.

2015-10-21

402.13. For the purposes of sections 402.14 to 402.17,

“active member” has the meaning assigned by subsection 1 of section 8500 of the Income Tax Regulations (C.R.C., c. 945) made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“claim period” has, subject to the fifth paragraph, the meaning assigned by section 383;

“eligible amount” of a pension entity for a claim period means, subject to the second paragraph, an amount of tax, other than a recoverable amount in respect of the claim period, that

(1)  became payable by the pension entity during the claim period, or was paid by the pension entity during the claim period without having become payable, in respect of the supply or bringing into Québec of a property or a service that the pension entity acquired or brought into Québec, as the case may be, for consumption, use or supply in respect of a pension plan, other than an amount of tax that

(a)  is deemed to have been paid by the pension entity under this Title (other than sections 223 to 231.1),

(b)  became payable, or was paid without having become payable, by the pension entity at a time when it was entitled to claim a rebate under sections 383 to 388 and 394 to 397.2,

(c)  was payable under section 16, or is deemed under sections 223 to 231.1 to have been paid, by the pension entity in respect of the taxable supply to the pension entity of a residential complex, an addition to a residential complex or land if, in respect of that supply, the pension entity was entitled to claim a rebate under subdivision IV.2 of subdivision 3 or would be so entitled after paying the tax payable in respect of that supply, or

(d)  would be included in determining an input tax refund of the pension entity, were it not for the fact that the pension entity is a large business within the meaning of section 551 of chapter 63 of the statutes of 1995; or

(2)  is deemed to have been paid by the pension entity under Division I.1 of Chapter VI during the claim period;

“non-qualifying pension entity” means a pension entity that is not a qualifying pension entity;

“pension contribution” means a contribution by a person to a pension plan that may be deducted by the person under section 137 of the Taxation Act (chapter I-3) in computing income;

“pension rebate amount” of a pension entity for a claim period means the amount determined by the formula

A × B;

“qualifying employer” of a pension plan for a calendar year means a participating employer of the pension plan that is a registrant and that

(1)  where pension contributions were made to the pension plan in the preceding calendar year, made pension contributions to the pension plan in that year; and

(2)  in any other case, was the employer of one or more active members of the pension plan in the preceding calendar year;

“qualifying pension entity” means a pension entity of a pension plan other than a pension plan in respect of which

(1)  10% or more of the total pension contributions in the last preceding calendar year in which pension contributions were made to the pension plan were made by listed financial institutions; or

(2)  it can reasonably be expected that 10% or more of the total pension contributions in the next calendar year in which pension contributions will be required to be made to the pension plan will be made by listed financial institutions;

“recoverable amount” in respect of a claim period of a person means an amount of tax

(1)  that is included in determining an input tax refund of the person for the claim period;

(2)  for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund, remission or compensation under a section of this Act (other than a section of this subdivision) or under any other Act; or

(3)  that can reasonably be regarded as having been included in an amount adjusted, refunded or credited to or in favour of the person for which a credit note referred to in section 449 has been received by the person or a debit note referred to in that section has been issued by the person;

“tax recovery rate” of a person for a fiscal year means the lesser of

(1)  100%; and

(2)  the fraction (expressed as a percentage) determined by the formula

(A + B)/C.

If a pension entity is a selected listed financial institution throughout a claim period, the eligible amount of the pension entity for the claim period is deemed to be nil.

For the purposes of the formula in the definition of “pension rebate amount” in the first paragraph,

(1)  A is 33%; and

(2)  B is the total of all amounts each of which is an eligible amount of the pension entity for the claim period.

For the purposes of the formula in the definition of “tax recovery rate” in the first paragraph,

(1)  A is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of A in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act (R.S.C. 1985, c. E-15) for a reporting period included in the fiscal year, and

(b)  in any other case, an input tax refund of the person for a reporting period included in the fiscal year;

(2)  B is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of B in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act for a claim period included in the fiscal year, and

(b)  in any other case, a rebate to which the person is entitled under sections 383 to 388 and 394 to 397.2 for a claim period included in the fiscal year; and

(3)  C is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i in the description of C in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act that became payable, or was paid without having become payable, by the person during the fiscal year, and

(b)  in any other case, an amount of tax that became payable, or was paid without having become payable, by the person during the fiscal year.

If a particular claim period of a pension entity began before 1 January 2013 and would have included that date but for this paragraph, the following rules apply:

(1)  the particular claim period is deemed to end on 31 December 2012; and

(2)  the claim period that follows the particular claim period is deemed to begin on 1 January 2013 and to end on the day the particular claim period would have ended but for this paragraph.

2001, c. 53, s. 363; 2011, c. 34, s. 150; 2012, c. 28, s. 142; 2015, c. 21, s. 725.

2013-01-01

402.13. For the purposes of sections 402.14 to 402.17,

“active member” has the meaning assigned by subsection 1 of section 8500 of the Income Tax Regulations (C.R.C., c. 945) made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“claim period” has, subject to the fifth paragraph, the meaning assigned by section 383;

“eligible amount” of a pension entity for a claim period means, subject to the second paragraph, an amount of tax, other than a recoverable amount in respect of the claim period, that

(1)  became payable by the pension entity during the claim period, or was paid by the pension entity during the claim period without having become payable, in respect of the supply or bringing into Québec of a property or a service that the pension entity acquired or brought into Québec, as the case may be, for consumption, use or supply in respect of a pension plan, other than an amount of tax that

(a)  is deemed to have been paid by the pension entity under this Title (other than sections 223 to 231.1),

(b)  became payable, or was paid without having become payable, by the pension entity at a time when it was entitled to claim a rebate under sections 383 to 388 and 394 to 397.2,

(c)  was payable under section 16, or is deemed under sections 223 to 231.1 to have been paid, by the pension entity in respect of the taxable supply to the pension entity of a residential complex, an addition to a residential complex or land if, in respect of that supply, the pension entity was entitled to claim a rebate under subdivision IV.2 of subdivision 3 or would be so entitled after paying the tax payable in respect of that supply, or

(d)  would be included in determining an input tax refund of the pension entity, were it not for the fact that the pension entity is a large business within the meaning of section 551 of chapter 63 of the statutes of 1995; or

(2)  is deemed to have been paid by the pension entity under Division I.1 of Chapter VI during the claim period;

“non-qualifying pension entity” means a pension entity that is not a qualifying pension entity;

“participating employer” has the meaning assigned by section 289.2;

“pension contribution” means a contribution by a person to a pension plan that may be deducted by the person under section 137 of the Taxation Act (chapter I-3) in computing income;

“pension entity” has the meaning assigned by section 289.2;

“pension plan” has the meaning assigned by section 289.2;

“pension rebate amount” of a pension entity for a claim period means the amount determined by the formula

A × B;

“qualifying employer” of a pension plan for a calendar year means a participating employer of the pension plan that is a registrant and that

(1)  where pension contributions were made to the pension plan in the preceding calendar year, made pension contributions to the pension plan in that year; and

(2)  in any other case, was the employer of one or more active members of the pension plan in the preceding calendar year;

“qualifying pension entity” means a pension entity of a pension plan other than a pension plan in respect of which

(1)  10% or more of the total pension contributions in the last preceding calendar year in which pension contributions were made to the pension plan were made by listed financial institutions; or

(2)  it can reasonably be expected that 10% or more of the total pension contributions in the next calendar year in which pension contributions will be required to be made to the pension plan will be made by listed financial institutions;

“recoverable amount” in respect of a claim period of a person means an amount of tax

(1)  that is included in determining an input tax refund of the person for the claim period;

(2)  for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund, remission or compensation under a section of this Act (other than a section of this subdivision) or under any other Act; or

(3)  that can reasonably be regarded as having been included in an amount adjusted, refunded or credited to or in favour of the person for which a credit note referred to in section 449 has been received by the person or a debit note referred to in that section has been issued by the person;

“tax recovery rate” of a person for a fiscal year means the lesser of

(1)  100%; and

(2)  the fraction (expressed as a percentage) determined by the formula

(A + B)/C.

If a pension entity is a selected listed financial institution throughout a claim period, the eligible amount of the pension entity for the claim period is deemed to be nil.

For the purposes of the formula in the definition of “pension rebate amount” in the first paragraph,

(1)  A is 33%; and

(2)  B is the total of all amounts each of which is an eligible amount of the pension entity for the claim period.

For the purposes of the formula in the definition of “tax recovery rate” in the first paragraph,

(1)  A is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of A in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act (R.S.C. 1985, c. E-15) for a reporting period included in the fiscal year, and

(b)  in any other case, an input tax refund of the person for a reporting period included in the fiscal year;

(2)  B is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i of the description of B in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act for a claim period included in the fiscal year, and

(b)  in any other case, a rebate to which the person is entitled under sections 383 to 388 and 394 to 397.2 for a claim period included in the fiscal year; and

(3)  C is the total of all amounts each of which is

(a)  if the person is a selected listed financial institution at any time in the fiscal year, an amount referred to in subparagraph i in the description of C in paragraph b of the definition of “tax recovery rate” in subsection 1 of section 261.01 of the Excise Tax Act that became payable, or was paid without having become payable, by the person during the fiscal year, and

(b)  in any other case, an amount of tax that became payable, or was paid without having become payable, by the person during the fiscal year.

If a particular claim period of a pension entity began before 1 January 2013 and would have included that date but for this paragraph, the following rules apply:

(1)  the particular claim period is deemed to end on 31 December 2012; and

(2)  the claim period that follows the particular claim period is deemed to begin on 1 January 2013 and to end on the day the particular claim period would have ended but for this paragraph.

2001, c. 53, s. 363; 2011, c. 34, s. 150; 2012, c. 28, s. 142.

2012-12-07

402.13. For the purposes of sections 402.14 to 402.17,

“active member” has the meaning assigned by subsection 1 of section 8500 of the Income Tax Regulations (C.R.C., c. 945) made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“claim period” has, subject to the fifth paragraph, the meaning assigned by section 383;

“eligible amount” of a pension entity for a claim period of the pension entity means an amount of tax, other than a recoverable amount in respect of the claim period, that

(1)  became payable by the pension entity during the claim period, or was paid by the pension entity during the claim period without having become payable, in respect of the supply or bringing into Québec of a property or a service that the pension entity acquired or brought into Québec, as the case may be, for consumption, use or supply in respect of a pension plan, other than an amount of tax that

(a)  is deemed to have been paid by the pension entity under this Title (other than sections 223 to 231.1),

(b)  became payable, or was paid without having become payable, by the pension entity at a time when it was entitled to claim a rebate under sections 383 to 388 and 394 to 397.2,

(c)  was payable under section 16, or is deemed under sections 223 to 231.1 to have been paid, by the pension entity in respect of the taxable supply to the pension entity of a residential complex, an addition to a residential complex or land if, in respect of that supply, the pension entity was entitled to claim a rebate under subdivision IV.2 of subdivision 3 or would be so entitled after paying the tax payable in respect of that supply, or

(d)  would be included in determining an input tax refund of the pension entity, were it not for the fact that the pension entity is a large business within the meaning of section 551 of chapter 63 of the statutes of 1995; or

(2)  is deemed to have been paid by the pension entity under Division I.1 of Chapter VI during the claim period;

“participating employer” has the meaning assigned by section 289.2;

“pension contribution” means a contribution by a person to a pension plan that may be deducted by the person under section 137 of the Taxation Act (chapter I-3) in computing income;

“pention entity” has the meaning assigned by section 289.2;

“pension plan” has the meaning assigned by section 289.2;

“pension rebate amount” of a pension entity for a claim period means the amount determined by the formula

A × B;

“qualifying employer” of a pension plan for a calendar year means a participating employer of the pension plan that is a registrant and that

(1)  where pension contributions were made to the pension plan in the preceding calendar year, made pension contributions to the pension plan in that year; and

(2)  in any other case, was the employer of one or more active members of the pension plan in the preceding calendar year;

“recoverable amount” in respect of a claim period of a person means an amount of tax

(1)  that is included in determining an input tax refund of the person for the claim period;

(2)  for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund, remission or compensation under a section of this Act (other than a section of this subdivision) or under any other Act; or

(3)  that can reasonably be regarded as having been included in an amount adjusted, refunded or credited to or in favour of the person for which a credit note referred to in section 449 has been received by the person or a debit note referred to in that section has been issued by the person;

“tax recovery rate” of a person for a fiscal year means the lesser of

(1)  100%; and

(2)  the fraction (expressed as a percentage) determined by the formula

(A + B)/C.

For the purposes of the formula in the definition of “pension rebate amount” in the first paragraph,

(1)  A is

(a)  77%, where the pension entity is governed by a pension plan to which more than 50% of the contributions are made by one or more public service bodies that are not entitled to any rebate under section 386,

(b)  88%, where the pension entity is governed by a pension plan to which more than 50% of the contributions are made by one or more public service bodies that are entitled to a rebate under section 386, and

(c)  in any other case, 100%; and

(2)  B is the total of all amounts each of which is an eligible amount of the pension entity for the claim period.

For the purposes of the formula in the definition of “tax recovery rate” in the first paragraph,

(1)  A is the total of all amounts each of which is an input tax refund of the person for a reporting period included in the fiscal year;

(2)  B is the total of all amounts each of which is a rebate to which the person is entitled under sections 383 to 388 and 394 to 397.2 for a claim period included in the fiscal year; and

(3)  C is the total of all amounts each of which is an amount of tax that became payable, or was paid without having become payable, by the person during the fiscal year.

If a particular claim period of a pension entity began before 1 January 2013 and would have included that date but for this paragraph, the following rules apply:

(1)  the particular claim period is deemed to end on 31 December 2012; and

(2)  the claim period that follows the particular claim period is deemed to begin on 1 January 2013 and to end on the day the particular claim period would have ended but for this paragraph.

2001, c. 53, s. 363; 2011, c. 34, s. 150; 2012, c. 28, s. 142.

2011-12-09

402.13. For the purposes of sections 402.14 to 402.17,

“active member” has the meaning assigned by subsection 1 of section 8500 of the Income Tax Regulations (C.R.C., c. 945) made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“claim period” has the meaning assigned by section 383;

“eligible amount” of a pension entity for a claim period of the pension entity means an amount of tax, other than a recoverable amount in respect of the claim period, that

(1)  became payable by the pension entity during the claim period, or was paid by the pension entity during the claim period without having become payable, in respect of the supply or bringing into Québec of a property or a service that the pension entity acquired or brought into Québec, as the case may be, for consumption, use or supply in respect of a pension plan, other than an amount of tax that

(a)  is deemed to have been paid by the pension entity under this Title (other than sections 223 to 231.1),

(b)  became payable, or was paid without having become payable, by the pension entity at a time when it was entitled to claim a rebate under sections 383 to 388 and 394 to 397.2,

(c)  was payable under section 16, or is deemed under sections 223 to 231.1 to have been paid, by the pension entity in respect of the taxable supply to the pension entity of a residential complex, an addition to a residential complex or land if, in respect of that supply, the pension entity was entitled to claim a rebate under subdivision IV.2 of subdivision 3 or would be so entitled after paying the tax payable in respect of that supply, or

(d)  would be included in determining an input tax refund of the pension entity, were it not for the fact that the pension entity is a large business within the meaning of section 551 of chapter 63 of the statutes of 1995; or

(2)  is deemed to have been paid by the pension entity under Division I.1 of Chapter VI during the claim period;

“participating employer” has the meaning assigned by section 289.2;

“pension contribution” means a contribution by a person to a pension plan that may be deducted by the person under section 137 of the Taxation Act (chapter I-3) in computing income;

“pention entity” has the meaning assigned by section 289.2;

“pension plan” has the meaning assigned by section 289.2;

“pension rebate amount” of a pension entity for a claim period means the amount determined by the formula

A × B;

“qualifying employer” of a pension plan for a calendar year means a participating employer of the pension plan that is a registrant and that

(1)  where pension contributions were made to the pension plan in the preceding calendar year, made pension contributions to the pension plan in that year; and

(2)  in any other case, was the employer of one or more active members of the pension plan in the preceding calendar year;

“recoverable amount” in respect of a claim period of a person means an amount of tax

(1)  that is included in determining an input tax refund of the person for the claim period;

(2)  for which it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund, remission or compensation under a section of this Act (other than a section of this subdivision) or under any other Act; or

(3)  that can reasonably be regarded as having been included in an amount adjusted, refunded or credited to or in favour of the person for which a credit note referred to in section 449 has been received by the person or a debit note referred to in that section has been issued by the person;

“tax recovery rate” of a person for a fiscal year means the lesser of

(1)  100%; and

(2)  the fraction (expressed as a percentage) determined by the formula

(A + B)/C.

For the purposes of the formula in the definition of “pension rebate amount” in the first paragraph,

(1)  A is

(a)  77%, where the pension entity is governed by a pension plan to which more than 50% of the contributions are made by one or more public service bodies that are not entitled to any rebate under section 386,

(b)  88%, where the pension entity is governed by a pension plan to which more than 50% of the contributions are made by one or more public service bodies that are entitled to a rebate under section 386, and

(c)  in any other case, 100%; and

(2)  B is the total of all amounts each of which is an eligible amount of the pension entity for the claim period.

For the purposes of the formula in the definition of “tax recovery rate” in the first paragraph,

(1)  A is the total of all amounts each of which is an input tax refund of the person for a reporting period included in the fiscal year;

(2)  B is the total of all amounts each of which is a rebate to which the person is entitled under sections 383 to 388 and 394 to 397.2 for a claim period included in the fiscal year; and

(3)  C is the total of all amounts each of which is an amount of tax that became payable, or was paid without having become payable, by the person during the fiscal year.

2001, c. 53, s. 363; 2011, c. 34, s. 150.

2001-12-20

402.13. For the purposes of sections 402.14 to 402.17,

“claim period” has the meaning assigned by section 383;

“multi-employer plan”, at any time in a particular calendar year, means a pension plan that is, at that time, a registered pension plan within the meaning of subsection 1 of section 248 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) that is a multi-employer plan within the meaning of subsection 1 of section 8500 of the Income Tax Regulations (Consolidated Regulations of Canada, chapter 945, as amended) in that year.

2001, c. 53, s. 363.