T-0.1 - Act respecting the Québec sales tax

Section 301.2 Disposition versions

2001-12-20

301.2. The rules set out in the second paragraph apply if

(1)  at a particular time an insurer to whom movable property has been transferred from a person in circumstances in which section 298 applies makes a taxable supply of the property by way of lease, licence or similar arrangement for the first lease interval, within the meaning of section 32.2, in respect of the arrangement;

(2)  the insurer was not deemed under section 300.1 or 300.2 to have received a supply of the property at an earlier time;

(2.1)  the property is not a road vehicle within the meaning of the Highway Safety Code (chapter C-24.2) other than a road vehicle exempt from registration under section 14 of the Highway Safety Code; and

(3)  no tax would have been payable had the property been purchased in Québec from the person at the time the property was transferred;

(4)  (subparagraph repealed).

The insurer is deemed to have received a supply by way of sale of the property immediately before the particular time and, except if the supply is a zero-rated supply, to have paid, immediately before the particular time, all tax payable in respect of the supply, which is deemed to be equal to tax calculated on the fair market value of the property at the time it was transferred.

1994, c. 22, s. 523; 1995, c. 63, s. 405; 1997, c. 85, s. 596; 2001, c. 51, s. 276; 2001, c. 53, s. 324.

1997-12-19

301.2. The rules set out in the second paragraph apply where

(1)  at any time an insurer to whom movable property has been transferred from a person in circumstances in which section 298 applies makes a taxable supply of the property by way of lease, licence or similar arrangement;

(2)  the insurer was not deemed under section 300.1 or 300.2 to have received a supply of the property at an earlier time; and

(3)  no tax would have been payable had the property been purchased in Québec from the person at the time the property was transferred;

(4)  (subparagraph repealed).

The insurer is deemed to have received a supply of the property immediately before that time and to have paid, immediately before that time, all tax payable in respect of that supply, which is deemed to be equal to tax calculated on the fair market value of the property at the time it was transferred.

1994, c. 22, s. 523; 1995, c. 63, s. 405; 1997, c. 85, s. 596.

1995-12-15

301.2. The rules set out in the second paragraph apply where

(1)  at any time an insurer to whom movable property has been transferred from a person in circumstances in which section 298 applies makes a taxable supply of the property by way of lease, licence or similar arrangement;

(2)  the insurer was not deemed under section 300.1 or 300.2 to have received a supply of the property at an earlier time; and

(3)  no tax would have been payable had the property been purchased in Québec from the person at the time the property was transferred;

(4)  (subparagraph repealed).

The insurer is deemed to have received a supply of the property immediately before that time and to have paid, immediately before that time, tax in respect of that supply calculated on the fair market value of the property at the time it was transferred.

1994, c. 22, s. 523; 1995, c. 63, s. 405.

1994-06-17

301.2. The rules set out in the second paragraph apply where

(1)  at any time an insurer to whom movable property has been transferred from a person in circumstances in which section 298 applies makes a taxable or non-taxable supply of the property by way of lease, licence or similar arrangement;

(2)  the insurer was not deemed under section 300.1 or 300.2 to have received a supply of the property at an earlier time;

(3)  no tax would have been payable had the property been purchased in Québec from the person, otherwise than by way of a non-taxable supply, at the time the property was transferred; and

(4)  the person had not last acquired the property by way of a non-taxable supply before it was transferred.

The insurer is deemed to have received a supply of the property immediately before that time and to have paid, immediately before that time, tax in respect of that supply calculated on the fair market value of the property at the time it was transferred.

1994, c. 22, s. 523.