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T-0.1 - Act respecting the Québec sales tax

Section 298
Disposition versions

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298. Where at any time after 1 July 1992 property is transferred to an insurer by a person in the course of settling an insurance claim,
(1)  the person is deemed to have made, and the insurer is deemed to have received, at that time, a supply by way of sale of the property;
(2)  the supply is deemed to have been made for no consideration, except for the purposes of sections 233, 234, 379 and 380;
(3)  in the case of a taxable supply of an immovable, for the purposes of sections 233, 234, 379 and 380, the tax payable in respect of the supply is deemed to be equal to tax calculated on the fair market value of the property at that time; and
(4)  in the case of a supply of an immovable referred to in section 102, in section 138.1 or in section 168, for the purposes of sections 233, 234, and 380, the supply is deemed to be a taxable supply and the tax payable in respect of the supply is deemed to be equal to tax calculated on the fair market value of the property at that time.
1991, c. 67, s. 298; 1994, c. 22, s. 520; 1997, c. 85, s. 590.
298. Where at any time after 1 July 1992 property is transferred to an insurer by a person in the course of settling an insurance claim,
(1)  the person is deemed to have made, and the insurer is deemed to have received, at that time, a supply by way of sale of the property;
(2)  the supply is deemed to have been made for no consideration, except for the purposes of sections 233, 234, 379 and 380;
(3)  in the case of a taxable supply of an immovable, for the purposes of sections 233, 234, 379 and 380, the tax payable in respect of the supply is deemed to be equal to tax calculated on the fair market value of the property at that time; and
(4)  in the case of a supply referred to in section 102 or 168, for the purposes of sections 233, 234, 379 and 380, the supply is deemed to be a taxable supply and the tax payable in respect of the supply is deemed to be equal to tax calculated on the fair market value of the property at that time.
1991, c. 67, s. 298; 1994, c. 22, s. 520.
298. Where at any time property is transferred to an insurer by a person in the course of settling an insurance claim, the following rules apply:
(1)  the person is deemed to have made, at that time, a supply of the property for no consideration; and
(2)  subject to section 300, the insurer is deemed to have acquired the property for no consideration.
1991, c. 67, s. 298.
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