T-0.1 - Act respecting the Québec sales tax

Section 447.1 Disposition versions

2001-12-20

447.1. Where a registrant makes a supply of a motor vehicle by way of sale and, during a reporting period, charges to, or collects from, another registrant an amount as or on account of tax under section 16 in respect of the supply that the other registrant receives only to again make a supply of it by way of sale, otherwise than by way of gift, or by way of lease under an agreement under which continuous possession or use of the vehicle is provided to a person for a period of at least one year in excess of the tax that was collectible by the registrant from the other registrant, the registrant shall, if the other registrant applies therefor within two years after the day the amount was so charged or collected,

(1)  where the excess amount was charged but not collected, adjust the amount of tax charged;

(2)  where the excess amount was collected, refund or credit the excess amount to the registrant.

The first paragraph applies, with the necessary modifications, in respect of an amount of tax under section 16 that is charged or collected by a registrant who makes a supply of a motor vehicle by way of retail sale in excess of the tax that was collectible in respect of that supply.

2001, c. 51, s. 302.