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T-0.1 - Act respecting the Québec sales tax

Section 449
Disposition versions

Full text
449. Where a person has adjusted, refunded or credited an amount in favour of, or to, another person in accordance with section 447, 447.1 or 448, the following rules apply:
(1)  the particular person shall, within a reasonable time, issue to the other person a credit note, containing prescribed information, for the amount of the adjustment, refund or credit, unless the other person issues a debit note, containing prescribed information, for the amount;
(2)  the amount is to be added in determining the net tax of the other person for the reporting period of the other person in which, as the case may be, the debit note is issued to the particular person or the credit note is received by the other person, to the extent that the amount has been included in determining an input tax refund claimed by the other person in a return filed for a preceding reporting period of the other person; and
(3)  the amount shall be added in determining the net tax of the other person for the reporting period of the other person in which, as the case may be, the debit note is issued to the particular person or the credit note is received by the other person, to the extent that the amount has been included in determining an input tax refund claimed by the other person in a return filed for the reporting period or a preceding reporting period of the other person; and
(4)  if all or part of the amount has been included in determining a rebate under Division I of Chapter VII paid to, or applied to a liability of, the other person before the particular day on which the credit note is received, or the debit note is issued, by the other person and the rebate so paid or applied exceeds the rebate to which the other person would have been entitled if the amount adjusted, refunded or credited by the particular person had never been charged to or collected from the other person, the other person shall pay to the Minister the excess
(a)  if the other person is a registrant, on the day on or before which the other person’s return for the reporting period that includes the particular day is required to be filed, and
(b)  in any other case, on the last day of the calendar month immediately following the calendar month that includes the particular day.
1991, c. 67, s. 449; 1994, c. 22, s. 608; 2001, c. 51, s. 303; 2001, c. 53, s. 378; 2015, c. 36, s. 220.
449. Where a person has adjusted, refunded or credited an amount in favour of, or to, another person in accordance with section 447, 447.1 or 448, the following rules apply:
(1)  the particular person shall, within a reasonable time, issue to the other person a credit note, containing prescribed information, for the amount of the adjustment, refund or credit, unless the other person issues a debit note, containing prescribed information, for the amount;
(2)  the amount may be deducted in determining the net tax of the particular person for the reporting period of the particular person in which, as the case may be, the credit note is issued to the other person or the debit note is received by the particular person, to the extent that the amount has been included in determining the net tax of the particular person for the reporting period or a preceding reporting period of the particular person;
(3)  the amount shall be added in determining the net tax of the other person for the reporting period of the other person in which, as the case may be, the debit note is issued to the particular person or the credit note is received by the other person, to the extent that the amount has been included in determining an input tax refund claimed by the other person in a return filed for the reporting period or a preceding reporting period of the other person; and
(4)  if all or part of the amount has been included in determining a rebate under Division I of Chapter VII paid to, or applied to a liability of, the other person before the particular day on which the credit note is received, or the debit note is issued, by the other person and the rebate so paid or applied exceeds the rebate to which the other person would have been entitled if the amount adjusted, refunded or credited by the particular person had never been charged to or collected from the other person, the other person shall pay to the Minister the excess
(a)  if the other person is a registrant, on the day on or before which the other person’s return for the reporting period that includes the particular day is required to be filed, and
(b)  in any other case, on the last day of the calendar month immediately following the calendar month that includes the particular day.
1991, c. 67, s. 449; 1994, c. 22, s. 608; 2001, c. 51, s. 303; 2001, c. 53, s. 378.
449. Where a particular person has adjusted, refunded or credited an amount in favour of, or to, another person in accordance with section 447 or 448, the following rules apply:
(1)  the particular person shall, within a reasonable time, issue to the other person a credit note, containing prescribed information, for the amount of the adjustment, refund or credit, unless the other person issues a debit note, containing prescribed information, for the amount;
(2)  the amount may be deducted in determining the net tax of the particular person for the reporting period of the particular person in which, as the case may be, the credit note is issued to the other person or the debit note is received by the particular person, to the extent that the amount has been included in determining the net tax of the particular person for the reporting period or a preceding reporting period of the particular person; and
(3)  the amount shall be added in determining the net tax of the other person for the reporting period of the other person in which, as the case may be, the debit note is issued to the particular person or the credit note is received by the other person, to the extent that the amount has been included in determining an input tax refund claimed by the other person in a return filed for the reporting period or a preceding reporting period of the other person.
1991, c. 67, s. 449; 1994, c. 22, s. 608.
449. Where a particular person has adjusted, refunded or credited an amount in favour of, or to, another person in accordance with section 447 or 448, the following rules apply:
(1)  the particular person shall issue to the other person a credit note, containing prescribed information, for the amount of the adjustment, refund or credit;
(2)  the amount may be deducted in determining the net tax of the particular person for the reporting period of the particular person in which the credit note is issued, to the extent that the amount has been included in determining the net tax of the particular person for the period or a preceding reporting period of the particular person; and
(3)  the amount shall be added in determining the net tax of the other person for the reporting period of that other person in which the credit note is issued, to the extent that the amount was deducted in determining the net tax of that other person for the period or a preceding reporting period of that other person.
1991, c. 67, s. 449.
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