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T-0.1 - Act respecting the Québec sales tax

Section 462
Disposition versions

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462. For the purposes of sections 459.0.1, 459.4, 459.5, 460 and 461, the threshold amount of a person in respect of a particular fiscal year of the person is an amount equal to the total of
(1)  the amount determined by the formula

A × 365 / B; and

(2)  the total of all amounts each of which is an amount in respect of an associate of the person who was associated with the person at the end of the fiscal year of the associate that is the last such year ending at the same time as, or at any time in, the fiscal year immediately preceding the particular fiscal year of the person, determined by the formula

C × 365 / D.

For the purposes of these formulas,
(1)  A is the total of all consideration, other than consideration referred to in section 75.2 that is attributable to goodwill of a business, for taxable supplies, other than supplies of financial services, supplies by way of sale of immovables that are capital property of the person and supplies included in Part V of Schedule VI to the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), made in Canada by the person in the course of commercial activities that became due to the person in the fiscal year immediately preceding the particular fiscal year of the person or that was paid to the person in that preceding fiscal year without having become due;
(2)  B is the number of days in the fiscal year immediately preceding the particular fiscal year;
(3)  C is the total of all consideration, other than consideration referred to in section 75.2 that is attributable to goodwill of a business, for taxable supplies, other than supplies of financial services, supplies by way of sale of immovables that are capital property of the associate and supplies included in Part V of Schedule VI to the Excise Tax Act, made in Canada by the associate in the course of commercial activities that became due to the associate in the fiscal year of the associate or that was paid to the associate in that fiscal year without having become due; and
(4)  D is the number of days in the fiscal year of the associate.
1991, c. 67, s. 462; 1993, c. 19, s. 240; 1994, c. 22, s. 623; 1995, c. 63, s. 482.
462. For the purposes of sections 459.4, 459.5, 460 and 461, the threshold amount of a person in respect of a particular fiscal year of the person is an amount equal to the total of
(1)  the amount determined by the formula

365Š A x -----; andŠ B

(2)  the total of all amounts each of which is an amount in respect of an associate of the person who was associated with the person at the end of the fiscal year of the associate that is the last such year ending at the same time as, or at any time in, the fiscal year immediately preceding the particular fiscal year of the person, determined by the formula

365Š C x -----.Š D

For the purposes of these formulas,
(1)  A is the total of
(a)  all amounts that became collectible and all other amounts collected by the person in the fiscal year immediately preceding the particular fiscal year and which are referred to in subparagraph a of subparagraph 1 of the second paragraph of section 428, other than tax payable by a recipient in respect of a supply by way of sale of capital property of the person,
(b)  all amounts required under sections 297.2 and 350.30 to be added in determining the net tax of the person in the fiscal year immediately preceding the particular fiscal year, and
(c)  all amounts collected and all amounts that should have been collected by the person in the fiscal year immediately preceding the particular fiscal year as or on account of tax under Title III;
(2)  B is the number of days in the fiscal year immediately preceding the particular fiscal year;
(3)  C is the total of
(a)  all amounts that became collectible and all other amounts collected by the associate in the fiscal year of the associate and which are referred to in subparagraph a of subparagraph 1 of the second paragraph of section 428, other than tax payable by a recipient in respect of a supply by way of sale of capital property of the associate,
(b)  all amounts required under sections 297.2 and 350.30 to be added in determining the net tax of the associate for the fiscal year of the associate, and
(c)  all amounts collected and all amounts that should have been collected by the associate in the fiscal year of the associate as or on account of tax under Title III; and
(4)  D is the number of days in the fiscal year of the associate.
1991, c. 67, s. 462; 1993, c. 19, s. 240; 1994, c. 22, s. 623.
462. For the purposes of sections 460 to 461, the threshold amount of a registrant is equal to
(1)  in respect of a particular calendar year, the total of all amounts each of which is an amount that became collectible or was collected during the calendar year immediately preceding the particular calendar year, by the registrant or his associate at the beginning of the particular calendar year, as or on account of tax under section 16, other than tax payable by a recipient in respect of a supply by way of sale of capital property of the registrant or associate;
(2)  in respect of a particular month of a calendar year, the total of all amounts each of which is an amount that became collectible or was collected during the months of the calendar year that immediately precede the particular month, by the registrant or his associate at the beginning of the particular month, as or on account of tax under section 16, other than tax payable by a recipient in respect of a supply by way of sale of capital property of the registrant or associate.
For the purposes of this section, the “associate” of a registrant at any time means a person with whom he is associated at that time.
1991, c. 67, s. 462; 1993, c. 19, s. 240.
462. For the purposes of sections 460 and 461, the threshold amount of a registrant is equal to
(1)  in respect of a particular calendar year, the total of all amounts each of which is an amount that became collectible or was collected during the calendar year immediately preceding the particular calendar year, by the registrant or his associate at the beginning of the particular calendar year, as or on account of tax under section 16, other than tax payable by a recipient in respect of a supply by way of sale of capital property of the registrant or associate;
(2)  in respect of a particular month of a calendar year, the total of all amounts each of which is an amount that became collectible or was collected during the months of the calendar year that immediately precede the particular month, by the registrant or his associate at the beginning of the particular month, as or on account of tax under section 16, other than tax payable by a recipient in respect of a supply by way of sale of capital property of the registrant or associate.
For the purposes of this section, the “associate” of a registrant at any time means a person with whom he is associated at that time.
1991, c. 67, s. 462.
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