T-0.1 - Act respecting the Québec sales tax

Section 341.8 Disposition versions

1995-12-15

341.8. For the purpose of determining an input tax refund of a public service body, the second paragraph applies, except where section 207 applies, where

(1)  the body begins, at any time, to hold property of the body, other than capital property, for consumption, use or supply primarily in the course of activities engaged in by the body otherwise than through its small supplier divisions;

(2)  immediately before that time the property was held by the body for consumption, use or supply primarily in the course of activities engaged in by the body through its small supplier divisions; and

(3)  immediately after that time the property is held by the body for consumption, use or supply in the course of commercial activities engaged in by the body otherwise than through its small supplier divisions.

The public service body is deemed to have received a supply of the property and to have paid, at that time, tax in respect of the supply equal to the lesser of

(1)  the amount, if any, by which the total of all amounts each of which is tax that, before that time, was paid or became payable by the body in respect of the last acquisition or bringing into Québec of the property or that was deemed under section 341.1 to have been collected by the body in respect of the property exceeds the total of all refunds and rebates that the body was entitled to claim under this Title before that time in respect of that acquisition or bringing into Québec; and

(2)  the amount that is the tax calculated on the fair market value of the property at that time.

1994, c. 22, s. 552; 1995, c. 63, s. 418.

1994-06-17

341.8. For the purpose of determining an input tax refund of a public service body, the second paragraph applies, except where section 207 applies, where

(1)  the body begins, at any time, to hold property of the body, other than capital property, for consumption, use or supply primarily in the course of activities engaged in by the body otherwise than through its small supplier divisions;

(2)  immediately before that time the property was held by the body for consumption, use or supply primarily in the course of activities engaged in by the body through its small supplier divisions; and

(3)  immediately after that time the property is held by the body for consumption, use or supply in the course of commercial activities engaged in by the body otherwise than through its small supplier divisions.

The body is deemed to have received a supply of the property and to have paid, at that time, tax in respect of the supply, other than a non-taxable supply, equal to the lesser of

(1)  the amount, if any, by which the total of all amounts each of which is tax that, before that time, was paid or became payable by the body in respect of the last acquisition or bringing into Québec of the property or that was deemed under section 341.1 to have been collected by the body in respect of the property exceeds the total of all refunds and rebates that the body was entitled to claim under this title before that time in respect of that acquisition or bringing into Québec; and

(2)  the amount that is the tax calculated on the fair market value of the property at that time.

1994, c. 22, s. 552.