T-0.1 - Act respecting the Québec sales tax

Section 541.47.12 Disposition versions

2010-10-27

541.47.12. The conditions for the imposition of a tax in respect of the transfer of a corporeal movable property into a reserve by a person from a place in Québec are the following:

(1)  the tax applies to a property that was last supplied by way of sale to the person transferring the property or having it transferred (in this section referred to as the “transferor”), while an agreement on the band text imposing the tax was in force;

(2)  the tax would have been payable in respect of the sale of the property under Title I at a rate other than 0% but for the application of the exemption provided for in section 87 of the Indian Act (R.S.C. 1985, c. I-5);

(3)  the tax does not apply

(a)  if, before the transfer of the property, a tax became payable by the transferor in respect of the property under another band text that is the subject of an agreement with a band council or under section 17, and

(b)  to the exceptions provided for in subparagraphs 2 and 4 of the fourth paragraph of section 17 on the assumption that that section applies to the transfer described in subparagraph c of paragraph 1 of section 541.47.8;

(4)  the tax is payable by the transferor of the property at the time of the transfer and the transferor shall,

(a)  if the property is a property in respect of which the tax should be paid to a prescribed person in accordance with section 473 if section 17 applied to such a transfer, pay the tax to that person in accordance with section 473,

(b)  if the transferor is a registrant and acquired the property, other than a property described in subparagraph a, for consumption, use or supply primarily in the course of commercial activities of the transferor, pay the tax to the Minister on or before the day on which the transferor is required to file, under the band text, a return in respect of net tax for the reporting period in which the tax became payable and report the tax in that return, and

(c)  in any other case, pay the tax to the Minister on or before the last day of the month following the month in which it became payable and file a return in respect of the tax with and as prescribed by the Minister, in the prescribed form containing prescribed information; and

(5)  the amount of the tax payable is equal to the amount determined by the formula

A × B.

For the purposes of that formula,

(1)  A is the rate of the tax provided for in the first paragraph of section 17; and

(2)  B is

(a)  if the property that was last supplied by way of sale to the transferor was delivered to the transferor within 30 days before the day on which it was transferred, the value of the consideration on which the tax provided for in Title I in respect of the sale would have been calculated but for the application of the exemption provided for in section 87 of the Indian Act, and

(b)  in any other case, the lesser of the fair market value of the property at the time the property is transferred and the value of the consideration referred to in subparagraph a.

2010, c. 25, s. 252.