T-0.1 - Act respecting the Québec sales tax

Section 289.9 Disposition versions

2020-09-24

289.9. A participating employer of a pension plan and a pension entity of the pension plan may jointly elect that every taxable supply made by the participating employer to the pension entity at a time when the election is in effect be deemed to have been made for no consideration.

The first paragraph does not apply to

(1)  a supply deemed under subdivision 2 to have been made;

(2)  a supply of a property or a service that is not acquired by a pension entity of a pension plan for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan;

(3)  a supply made by a participating employer of a pension plan to a pension entity of the pension plan of all or part of a property or a service if, at the time the participating employer acquires the property or service, the participating employer is a selected qualifying employer;

(4)  a supply made by a participating employer of a pension plan to a pension entity of the pension plan of a property or a service if, at the time the participating employer consumes or uses an employer resource of the participating employer for the purpose of making the supply, the participating employer is a selected qualifying employer of the pension plan; or

(5)  a supply made in prescribed circumstances or made by a prescribed person.

2015, c. 21, s. 684; 2020, c. 16, s. 215.

2015-10-21

289.9. A participating employer of a pension plan and a pension entity of the pension plan may jointly elect that every taxable supply made by the participating employer to the pension entity at a time when the election is in effect be deemed to have been made for no consideration.

The first paragraph does not apply to

(1)  a supply deemed under subdivision 2 to have been made;

(2)  a supply of a property or a service that is not acquired by a pension entity of a pension plan for consumption, use or supply by the pension entity in the course of pension activities in respect of the pension plan;

(3)  a supply made by a participating employer of a pension plan to a pension entity of the pension plan of all or part of a property or a service if, at the time the participating employer acquires the property or service, the participating employer is a selected qualifying employer;

(4)  a supply made by a participating employer of a pension plan to a pension entity of the pension plan of a property or a service if, at the time the participating employer consumes or uses an employer resource of the participating employer for the purpose of making the supply, the participating employer is a selected qualifying employer of the pension plan; or

(5)  a supply made in prescribed circumstances or made by a prescribed person.

An election under the first paragraph, in relation to a participating employer of a pension plan and a pension entity of the pension plan, must

(1)  be made in the prescribed form containing prescribed information;

(2)  specify the day on which the election is to become effective, which must be the first day of a fiscal year of the participating employer; and

(3)  be filed by the participating employer with the Minister in prescribed manner on or before the day that is the day on which the election is to become effective or any later day that the Minister may determine.

2015, c. 21, s. 684.