T-0.1 - Act respecting the Québec sales tax

Section 75.1 Disposition versions

1995-12-15

75.1. Where a supplier and a recipient make an election under section 75 and the recipient, if a registrant, files the election with the Minister not later than the day on or before which the return under Chapter VIII is required to be filed for the recipient’s first reporting period in which tax would, but for this section, have become payable in respect of the supply of any property or service made under the agreement for the supply of the business or part of the business to which the election applies, or on such later day as the Minister may determine on application of the recipient,

(1)  no tax is payable in respect of a supply of any property or service made under the agreement other than

(a)  a taxable supply of a service that is to be rendered by the supplier,

(b)  a taxable supply of property by way of lease, licence or similar arrangement,

(c)  where the recipient is not a registrant, a taxable supply by way of sale of an immovable, and

(d)  (subparagraph repealed);

(2)  where, but for this section, tax would have been payable by the recipient, otherwise than by reason of section 20.1, in respect of a supply made under the agreement of property that was capital property of the supplier and that is being acquired by the recipient for use as capital property of the recipient, the recipient is deemed to have so acquired the property for use exclusively in the course of commercial activities of the recipient; and

(3)  where, notwithstanding this section, tax would not have been payable by the recipient or would have been payable by the recipient under section 20.1 in respect of a supply made under the agreement of property that was capital property of the supplier and that is being acquired by the recipient for use as capital property of the recipient, the recipient is deemed to have so acquired the property for use exclusively in activities of the recipient that are not commercial activities.

1994, c. 22, s. 405; 1995, c. 63, s. 337.

1994-06-17

75.1. Where a supplier and a recipient make an election under section 75 and the recipient, if a registrant, files the election with the Minister not later than the day on or before which the return under Chapter VIII is required to be filed for the recipient’s first reporting period in which tax would, but for this section, have become payable in respect of the supply of any property or service made under the agreement for the supply of the business or part of the business to which the election applies, or on such later day as the Minister may determine on application of the recipient,

(1)  no tax is payable in respect of a supply of any property or service made under the agreement other than

(a)  a taxable supply of a service that is to be rendered by the supplier,

(b)  a taxable supply of property by way of lease, licence or similar arrangement,

(c)  where the recipient is not a registrant, a taxable supply by way of sale of an immovable, and

(d)  where the recipient does not carry on the business or part of the business, a taxable supply of any property or service in respect of which the recipient, if a registrant who is acquiring it for consumption or use exclusively in the course of commercial activities of the recipient, would not be entitled to claim an input tax refund by reason of section 206.1;

(2)  where, but for this section, tax would have been payable by the recipient, otherwise than by reason of section 20.1, in respect of a supply made under the agreement of property that was capital property of the supplier and that is being acquired by the recipient for use as capital property of the recipient, the recipient is deemed to have so acquired the property for use exclusively in the course of commercial activities of the recipient; and

(3)  where, notwithstanding this section, tax would not have been payable by the recipient or would have been payable by the recipient under section 20.1 in respect of a supply made under the agreement of property that was capital property of the supplier and that is being acquired by the recipient for use as capital property of the recipient, the recipient is deemed to have so acquired the property for use exclusively in activities of the recipient that are not commercial activities.

1994, c. 22, s. 405.