T-0.1 - Act respecting the Québec sales tax

Section 297.12 Disposition versions

1995-12-15

297.12. Where a registrant who is a direct seller in respect of whom an approval granted under section 297.1.3 is in effect or who is a distributor of such a direct seller acquires or brings into Québec property, other than an exclusive product of the direct seller, or a service for supply to an independent sales contractor of the direct seller or an individual related thereto for no consideration or for consideration that is less than the fair market value of the property or service and the contractor or individual is not acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the contractor or individual, the following rules apply:

(1)  no tax is payable in respect of the supply; and

(2)  in determining an input tax refund of the registrant, no amount shall be included in respect of tax that becomes payable, or is paid without having become payable, by the registrant in respect of the property or service;

(3)  (paragraph repealed).

1994, c. 22, s. 519; 1995, c. 63, s. 399.

1994-06-17

297.12. Where a person who is a direct seller or a distributor of the direct seller acquires or brings into Québec property, other than an exclusive product of the direct seller, or a service for supply, at any time, to an independent sales contractor of the direct seller or an individual related thereto for no consideration or for consideration that is less than the fair market value of the property or service and the contractor or individual is not acquiring the property or service for consumption, use or supply exclusively in the course of commercial activities of the contractor or individual, the following rules apply:

(1)  no tax is payable in respect of the supply;

(2)  the person is deemed to have made the supply for consideration equal to the consideration paid or payable by the person for the supply of the property or service or to the value of the property brought into Québec within the meaning of section 17; and

(3)  the person is deemed to have collected, at that time, tax in respect of the supply, unless the supply is an exempt supply, calculated on the consideration.

1994, c. 22, s. 519.