T-0.1 - Act respecting the Québec sales tax

Section 238.1 Disposition versions

2013-01-01

238.1. Where a registrant, at a particular time, appropriates property of the registrant for use as capital property of the registrant or in improving capital property of the registrant and, immediately before the particular time, the property was not capital property of the registrant or an improvement to capital property of the registrant, the following rules apply:

(1)  the registrant is deemed

(a)  to have made, immediately before the particular time, a supply of the property by way of sale, and

(b)  to have collected, at the particular time, tax in respect of the supply calculated on the fair market value of the property at the particular time where the property was last acquired or brought into Québec by the registrant before the particular time for consumption, use or supply, or was consumed or used before the particular time, in the course of commercial activities of the registrant; and

(2)  the registrant is deemed to have received, at the particular time, a supply of the property by way of sale and to have paid, at the particular time, tax in respect of the supply equal to

(a)  where the supply is not an exempt supply and the property was last acquired or brought into Québec by the registrant before the particular time for consumption, use or supply, or was consumed or used before the particular time, in the course of commercial activities of the registrant, tax calculated on the fair market value of the property at the particular time, and

(b)  in any other case, the basic tax content of the property at the particular time.

The first paragraph does not apply in respect of property held by a registrant immediately before 1 January 2013 and to which any of the following provisions applied:

(1)  the second paragraph of section 243;

(2)  the second paragraph of section 253; and

(3)  the fourth paragraph of section 255.1.

1994, c. 22, s. 491; 1997, c. 85, s. 558; 2012, c. 28, s. 72.

1997-12-19

238.1. Where a registrant, at a particular time, appropriates property of the registrant for use as capital property of the registrant or in improving capital property of the registrant and, immediately before the particular time, the property was not capital property of the registrant or an improvement to capital property of the registrant, the following rules apply:

(1)  the registrant is deemed

(a)  to have made, immediately before the particular time, a supply of the property by way of sale, and

(b)  to have collected, at the particular time, tax in respect of the supply calculated on the fair market value of the property at the particular time where the property was last acquired or brought into Québec by the registrant before the particular time for consumption, use or supply, or was consumed or used before the particular time, in the course of commercial activities of the registrant; and

(2)  the registrant is deemed to have received, at the particular time, a supply of the property by way of sale and to have paid, at the particular time, tax in respect of the supply equal to

(a)  where the supply is not an exempt supply and the property was last acquired or brought into Québec by the registrant before the particular time for consumption, use or supply, or was consumed or used before the particular time, in the course of commercial activities of the registrant, tax calculated on the fair market value of the property at the particular time, and

(b)   in any other case, the basic tax content of the property at the particular time.

1994, c. 22, s. 491; 1997, c. 85, s. 558.

1994-06-17

238.1. Where a registrant, at a particular time, appropriates property of the registrant for use as capital property of the registrant or in improving capital property of the registrant and, immediately before the particular time, the property was not capital property of the registrant or an improvement to capital property of the registrant, the following rules apply:

(1)  the registrant is deemed

(a)  to have made, immediately before the particular time, a supply of the property by way of sale, and

(b)  to have collected, at the particular time, tax in respect of the supply calculated on the fair market value of the property at the particular time where the property was last acquired or brought into Québec by the registrant before the particular time for consumption, use or supply, or was consumed or used before the particular time, in the course of commercial activities of the registrant; and

(2)  the registrant is deemed to have received, at the particular time, a supply of the property by way of sale and to have paid, at the particular time, tax in respect of the supply equal to

(a)  where the supply is not an exempt supply and the property was last acquired or brought into Québec by the registrant before the particular time for consumption, use or supply, or was consumed or used before the particular time, in the course of commercial activities of the registrant, tax calculated on the fair market value of the property at the particular time, and

(b)  in any other case, the amount determined by the formula

                        A x B.

For the purposes of this formula,

(1)  A is the lesser of the tax that was payable by the registrant in respect of the last acquisition or bringing into Québec of the property by the registrant, and tax calculated on the fair market value of the property at the particular time; and

(2)  B is

(a)  where the registrant was entitled to claim a rebate under sections 383 to 397 in respect of the tax that was payable by the registrant in respect of the last acquisition or bringing into Québec of the property, 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 %.

1994, c. 22, s. 491.