- LM-1.A - Request for
Cancellation or Variation of Registration
General Information
Effective date of cancellation or variation of registration for
consumption taxes
The effective date of cancellation of registration for
consumption taxes is the date as of which the business is no longer
required to collect GST/HST and QST on the taxable sales it makes.
As of that date, the business is no longer entitled to claim input
tax credits (ITCs) or input tax refunds (ITRs) other than those
that pertain to activities in respect of which registration has
been maintained.
The effective date of variation of registration for
consumption taxes is the date as of which the business is required
to collect GST/HST and QST solely on the taxable sales it makes in
respect of the activities listed in section 2.2. As of that date,
the business is no longer entitled to claim ITCs or ITRs other than
those that pertain to activities in respect of which registration
has been maintained.
Note that a small supplier must have been registered for
consumption taxes for at least 12 months before its registration
can be cancelled or varied.
In addition, note that Revenu Québec will write to the business
to confirm that the date entered in section 2.4 is in fact the date
that Revenu Québec considers to be the effective date of
cancellation or variation of its registration.
Value of the property held at the time of cancellation or
variation of registration for consumption taxes
When a business's registration is cancelled, the business is
deemed to have:
-
sold, immediately before cancellation of its registration, the
property that it used in order to carry on its commercial
activities and for which it was entitled to claim ITCs and
ITRs;
-
collected GST/HST and QST on the fair market value of the
property (with the exception of capital property); and
-
sold its capital property immediately before cancellation
of its registration and collected GST/HST and QST equal to the
basic tax content of the capital property at that time.
The basic tax content is the GST/HST and the QST that should
have been paid in respect of the capital property and any
improvements thereto, after deducting any amount recoverable
(except ITCs and ITRs) and after taking into account depreciation
of the capital property.
You are required to remit to Revenu Québec the GST/HST and the
QST on those deemed sales with the last return filed by the
business before its registration was cancelled.
You must also file any GST/HST and QST returns that had not yet
been filed as of the cancellation date and remit any unpaid GST/HST
and QST collected or to be collected on the taxable supplies made
during the period in which the business was registered.
For more information, refer to document IN-203-V, General
Information Concerning the QST and the GST/HST.
Sale of a business
If a business or part of a business is sold, the acquirer and
the supplier may be entitled to make a joint election to have the
GST/HST and QST not apply to the sale. To make the election, both
the acquirer and the supplier must complete form FP-2044-V,
Election Respecting the Acquisition of a Business or Part of a
Business.
Effective date of cancellation of registration for source
deductions
The effective date of cancellation of registration for source
deductions is the date on which the business permanently stops
making payments of source deductions and employer contributions
because, for example, it no longer has any employees or it has
stopped operating.
The following table shows the deadlines for submitting each of
the documents to Revenu Québec, depending on the business's
situation. For more information, refer to the Guide for
Employers (TP-1015.G-V), which is available on Revenu Québec's
website.
Filing deadlines for source
deductions-related documents
|
| Documents to be submitted
|
The business permanently stops making
remittances
(for example, because it no longer has any employees) |
The business stops operating
|
|
Remittance slip (together with the payment)
|
The 20th day of the month following the month of
the last remittance of source deductions and employer
contributions |
The 7th day following the day the business stops
operating |
-
Temporary RL-1 slips (RL-1.T)1 and the temporary RL-1
summary (RLZ-1.ST-V) or RL-1 slips1 and the RL-1
summary (RLZ-1.S-V)
-
RL-2 slips1 and the RL-2 summary
-
RL-25 slips1 and the RL-25 summary
|
The 20th day of the month following the month of the last
remittance |
The 30th day following the day the business stops
operating |
-
You must also remit copy 2 of the RL slips to your former
employees or former beneficiaries.
Certification
This form must be signed by the individual (in the case of an
individual in business) or by one of the following people:
-
a member of a partnership
-
a trustee of a trust
-
the president, vice-president, secretary or treasurer of a
corporation
-
an authorized person
Authorized person
A corporation can authorize a person to represent it by
providing a resolution of the board of directors or a unanimous
shareholder agreement, as applicable, that authorizes the person to
sign this form on its behalf.
In other cases (for example, an individual in business or a
partnership), the business can authorize a person to represent it
by providing a power of attorney or filing form MR-69-V, Power
of Attorney, Authorization to Communicate Information, or
Revocation (on which the business must specify that the person
is authorized to sign this form on its behalf).
Definitions
Business
A sole proprietorship, partnership, corporation (also called a
company or legal person), trust or organization.
Public service body
A non-profit organization, charity, municipality, hospital
authority, school authority, public college or university.
Small supplier
A person whose total taxable sales made worldwide (including
sales made by the person's associates) do not exceed
$30,0002 for the current calendar quarter and the four
calendar quarters preceding it. Total taxable sales do not include
amounts from GST and QST, financial services, sales of capital
property and the goodwill of a business. A person generally stops
being considered a small supplier immediately after the end of the
calendar month following the four calendar quarters in which the
limit is exceeded. However, a person immediately stops being
considered a small supplier if the limit is exceeded within a
single calendar quarter.
A charity or a public institution is considered a small supplier
if, as applicable:
-
it is in its first year of existence;
-
it is in its second year of existence and its gross revenue did
not exceed $250,000 during its first fiscal year;
-
it has been in existence for more than two years and, in one of
its previous two fiscal years, its gross revenue did not exceed
$250,000; or
-
it is considered a small supplier according to the general
definition provided above.
Taxi business
A business carried on in Québec of transporting passengers:
-
by taxi or other similar vehicle for fares that are regulated by
the Act respecting remunerated passenger transportation by
automobile;
-
by motor vehicle, for a fare, within and in the vicinity of the
territory of a municipality if the transportation is organized or
coordinated through an electronic platform or system.
-
For public service bodies, the limit is $50,000.
|