T-0.1 - Act respecting the Québec sales tax

Section 453 Disposition versions

2013-01-01

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the amount determined by multiplying 100/109.975 by

(a)  where the particular person has made an election that is in effect for that fiscal year for the purposes of this subparagraph, the part of the dividend that is in respect of taxable supplies, other than zero-rated supplies, made to the other person, and

(b)  in any other case, the specified amount in respect of the dividend; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453; 1993, c. 19, s. 234; 1994, c. 22, s. 610; 1995, c. 1, s. 330; 1997, c. 85, s. 697; 2010, c. 5, s. 244; 2011, c. 6, s. 281; 2012, c. 28, s. 165.

2012-01-01

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the amount determined by multiplying 100/109.5 by

(a)  where the particular person has made an election that is in effect for that fiscal year for the purposes of this subparagraph, the part of the dividend that is in respect of taxable supplies, other than zero-rated supplies, made to the other person, and

(b)  in any other case, the specified amount in respect of the dividend; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453; 1993, c. 19, s. 234; 1994, c. 22, s. 610; 1995, c. 1, s. 330; 1997, c. 85, s. 697; 2010, c. 5, s. 244; 2011, c. 6, s. 281.

2011-01-01

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the amount determined by multiplying 100/108.5 by

(a)  where the particular person has made an election that is in effect for that fiscal year for the purposes of this subparagraph, the part of the dividend that is in respect of taxable supplies, other than zero-rated supplies, made to the other person, and

(b)  in any other case, the specified amount in respect of the dividend; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453; 1993, c. 19, s. 234; 1994, c. 22, s. 610; 1995, c. 1, s. 330; 1997, c. 85, s. 697; 2010, c. 5, s. 244.

1997-12-19

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the amount determined by multiplying 100/107.5 by

(a)  where the particular person has made an election that is in effect for that fiscal year for the purposes of this subparagraph, the part of the dividend that is in respect of taxable supplies, other than zero-rated supplies, made to the other person, and

(b)  in any other case, the specified amount in respect of the dividend; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453; 1993, c. 19, s. 234; 1994, c. 22, s. 610; 1995, c. 1, s. 330; 1997, c. 85, s. 697.

1995-01-30

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the consideration fraction of

(a)  the specified amount in respect of the dividend, or

(b)  where the particular person has made an election that is in effect for that fiscal year for the purposes of this subparagraph, the part of the dividend that is in respect of taxable supplies, other than zero-rated supplies, made to the other person; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453; 1993, c. 19, s. 234; 1994, c. 22, s. 610; 1995, c. 1, s. 330.

1994-06-17

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the consideration fraction determined in accordance with section 453.1 of

(a)  the specified amount in respect of the dividend, or

(b)  where the particular person has made an election that is in effect for that fiscal year for the purposes of this subparagraph, the part of the dividend that is in respect of taxable supplies, other than zero-rated supplies, made to the other person; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453; 1993, c. 19, s. 234; 1994, c. 22, s. 610.

1993-06-15

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the consideration fraction determined in accordance with section 453.1 of

(a)  the specified amount in respect of the dividend, or

(b)  where the particular person has filed with and as prescribed by the Minister an election for the purposes of this subparagraph in prescribed form containing prescribed information, the part of the dividend that is in respect of those supplies; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453; 1993, c. 19, s. 234.

1992-07-01

453. Where at any time in a fiscal year of a particular person, the particular person pays to another person a patronage dividend all or part of which is in respect of taxable supplies, other than zero-rated supplies, made by the particular person to the other person, the particular person is deemed

(1)  to have reduced, at that time, the total consideration for those supplies by an amount equal to the consideration fraction of

(a)  the specified amount in respect of the dividend, or

(b)  where the particular person has filed with and as prescribed by the Minister an election for the purposes of this subparagraph in prescribed form containing prescribed information, the part of the dividend that is in respect of those supplies; and

(2)  to have made, at that time, the appropriate adjustment, refund or credit in favour of, or to, the other person under section 448.

1991, c. 67, s. 453.