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T-0.1 - Act respecting the Québec sales tax

Section 324
Disposition versions

Full text
324. The rules set out in the second paragraph apply where
(1)  a creditor makes at any time a taxable supply by way of sale, other than a supply deemed under this Title to have been made, of movable property seized or repossessed from a person in circumstances in which section 320 applies;
(2)  the creditor was not deemed under section 323.2, 323.3 or 324.2 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 by the creditor had the property been purchased in Québec by the creditor from the person at the time it was seized or repossessed;
(4)  (subparagraph repealed).
The creditor is deemed to have received a supply by way of sale of the property immediately before that time for consideration equal to the consideration for the supply referred to in subparagraph 1 of the first paragraph and, except if the supply is a zero-rated supply, to have paid, immediately before that time, all tax payable in respect of the supply deemed under this paragraph to have been received, which is deemed to be equal to the amount determined by the formula

A − B.

For the purposes of this formula,
(1)  A is tax calculated on that consideration; and
(2)  B is the total of all amounts each of which is an input tax refund or a rebate under Division I of Chapter VII that the creditor was entitled to claim in respect of the property or an improvement thereto.
1991, c. 67, s. 324; 1994, c. 22, s. 543; 1995, c. 63, s. 409; 1997, c. 85, s. 607; 2001, c. 51, s. 277; 2001, c. 53, s. 327.
324. The rules set out in the second paragraph apply where
(1)  a creditor makes at any time a taxable supply by way of sale, other than a supply deemed under this Title to have been made, of movable property seized or repossessed from a person in circumstances in which section 320 applies;
(2)  the creditor was not deemed under section 323.2, 323.3 or 324.2 to have received a supply of the property at an earlier time;
(3)  no tax would have been payable by the creditor had the property been purchased in Québec by the creditor from the person at the time it was seized or repossessed;
(4)  (subparagraph repealed).
The creditor is deemed to have received a supply of the property, immediately before that time, for consideration equal to the consideration for the supply referred to in subparagraph 1 of the first paragraph, and to have paid, immediately before that time, all tax payable in respect of the supply deemed under this paragraph to have been received, which is deemed to be equal to the amount determined by the formula

A - B.

For the purposes of this formula,
(1)  A is tax calculated on that consideration; and
(2)  B is the total of all amounts each of which is an input tax refund or a rebate under Division I of Chapter VII that the creditor was entitled to claim in respect of the property or an improvement thereto.
1991, c. 67, s. 324; 1994, c. 22, s. 543; 1995, c. 63, s. 409; 1997, c. 85, s. 607.
324. The rules set out in the second paragraph apply where
(1)  a creditor makes at any time a taxable supply by way of sale, other than a supply deemed under any provision of this Act other than sections 41.0.1 to 41.6 to have been made, of movable property seized or repossessed from a person in circumstances in which section 320 applies;
(2)  the creditor was not deemed under section 323.2, 323.3 or 324.2 to have received a supply of the property at an earlier time;
(3)  no tax would have been payable by the creditor had the property been purchased in Québec by the creditor from the person at the time it was seized or repossessed;
(4)  (subparagraph repealed).
The creditor is deemed to have received a supply of the property, immediately before that time, for consideration equal to the consideration for the supply referred to in subparagraph 1 of the first paragraph, and to have paid, immediately before that time, tax in respect of the supply deemed to have been received under this paragraph equal to the amount determined by the formula

A - B.

For the purposes of this formula,
(1)  A is tax calculated on that consideration; and
(2)  B is the total of all amounts each of which is an input tax refund or a rebate under Division I of Chapter VII that the creditor was entitled to claim in respect of the property or an improvement thereto.
1991, c. 67, s. 324; 1994, c. 22, s. 543; 1995, c. 63, s. 409.
324. The rules set out in the second paragraph apply where
(1)  a creditor makes at any time a taxable or non-taxable supply by way of sale, other than a supply deemed under any provision of this Act other than sections 41.1 to 41.6 to have been made, of movable property seized or repossessed from a person in circumstances in which section 320 applies;
(2)  the creditor was not deemed under section 323.2, 323.3 or 324.2 to have received a supply of the property at an earlier time;
(3)  no tax would have been payable by the creditor had the property been purchased in Québec by the creditor from the person, otherwise than by a non-taxable supply, at the time it was seized or repossessed; and
(4)  the person had not last acquired the property by way of a non-taxable supply before the property was seized or repossessed.
The creditor is deemed to have received a supply of the property, immediately before that time, for consideration equal to the consideration for the supply referred to in subparagraph 1 of the first paragraph, and to have paid, immediately before that time, tax in respect of the supply deemed to have been received under this paragraph equal to the amount determined by the formula

A - B.

For the purposes of this formula,
(1)  A is tax calculated on that consideration; and
(2)  B is the total of all amounts each of which is an input tax refund or a rebate under Division I of Chapter VII that the creditor was entitled to claim in respect of the property or an improvement thereto.
1991, c. 67, s. 324; 1994, c. 22, s. 543.
324. Where at any time a registrant makes a particular taxable or non-taxable supply of property that has been seized or repossessed by the registrant from another person and the registrant provides evidence to establish to the satisfaction of the Minister that the other person has not received and is not entitled to claim an input tax refund or a rebate under Division I of Chapter VII in respect of the property, the registrant is deemed
(1)  to have acquired the property, immediately before that time, for consideration equal to the consideration for the particular supply;
(2)  to have paid tax, immediately before that time, in respect of the acquisition of the property, calculated on that consideration.
1991, c. 67, s. 324.
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