T-0.1 - Act respecting the Québec sales tax

Section 207 Disposition versions

1997-12-19

207. Where at any time a person becomes a registrant and immediately before that time the person was a small supplier, for the purpose of determining an input tax refund of the person, the following rules apply:

(1)  the person is deemed to have received, at that time, a supply by way of sale of each property of the person that was held immediately before that time for consumption, use or supply in the course of commercial activities of the person; and

(2)  the person is deemed to have paid, at that time, tax in respect of the supply equal to the basic tax content of the property at that time.

1991, c. 67, s. 207; 1994, c. 22, s. 468; 1997, c. 85, s. 538.

1994-06-17

207. Where at any time a person becomes a registrant and immediately before that time the person was a small supplier, for the purpose of determining an input tax refund of the person, the following rules apply:

(1)  the person is deemed to have received, at that time, a supply by way of sale of each property of the person that immediately before that time was held for consumption or use in the course of commercial activities of the person; and

(2)  the person is deemed to have paid, at that time, tax in respect of the supply equal to the amount determined by the formula

                        A x B.

For the purpose of this formula,

(1)  A is the lesser of

(a)  the total of the tax that, before that time, became payable or was paid by the person in respect of the last acquisition or bringing into Québec of the property by the person and the tax that, before that time, became payable or was paid by the person in respect of an improvement to the property acquired or brought into Québec by the person after the property was last so acquired or brought into Québec, and

(b)  tax calculated on the fair market value of the property at that time; and

(2)  B is

(a)  where the person was entitled to claim a rebate under sections 383 to 397 in respect of any tax included in the total referred to in subparagraph a of subparagraph 1, the difference between 100 % and the percentage prescribed for the purposes of section 386 or 386.1 that applied in determining the amount of that rebate, and

(b)  in any other case, 100 %.

1991, c. 67, s. 207; 1994, c. 22, s. 468.

1992-07-01

207. Where a person who is a small supplier becomes, at any time, a registrant, for the purpose of determining an input tax refund of the person for the first reporting period of the person after that time, the following rules apply:

(1)  the person is deemed to have acquired, immediately after that time, from a registrant by way of purchase, each property of the person that immediately before that time was held for consumption or use in the course of commercial activities of the person; and

(2)  the person is deemed to have paid, at that time, tax in respect of the acquisition equal to the lesser of

(a)  the amount by which the total referred to in subparagraph i exceeds the total referred to in subparagraph ii:

i.  the total of all tax payable by the person before that time in respect of the acquisition, bringing into Québec or improvement of the property and the tax deemed under section 209 or 243 to have been collected before that time by the person in respect of the property;

ii.  the total of all refunds claimed under this title before that time by the person in respect of the acquisition, bringing into Québec or improvement of the property; and

(b)  the amount of the tax that would be payable by the person if a supply of the property were made at that time to the person by a registrant for consideration equal to the fair market value of the property at that time.

1991, c. 67, s. 207.