T-0.1, r. 2 - Regulation respecting the Québec sales tax

Section 386r2 Disposition versions

2012-09-01

386R2. Property or services that are primarily for consumption, use or supply by the person in the course of making supplies of a residential complex or a residential unit by way of lease, licence or similar arrangement, other than supplies of short-term accommodation and supplies that are exempt supplies by reason of paragraph 2 of section 98 or section 99 of the Act are prescribed property or services, where:

(1)  in the case of property or services primarily for consumption, use or supply in the course of making supplies of residential units in a multiple unit residential complex that contains more than 2 residential units that is owned by the person or has been supplied to him by way of lease, licence or similar arrangement, all or substantially all of the residential units in the complex are supplied for the purpose of being occupied otherwise than exclusively by the following persons:

(a)  seniors;

(b)  youths;

(c)  students;

(d)  persons with a disability, persons in distress or other persons in need of assistance;

(e)  individuals whose means or income is such that they are eligible as lessees or are entitled to reduced lease payments;

(f)  individuals for whom solely a public sector body pays consideration for the supplies of accommodation and who either pay no consideration for those supplies or pay consideration that is significantly less than the consideration that they could reasonably be expected to pay for comparable supplies made by a person in the business of making such supplies for the purpose of earning a profit; or

(g)  any combination of persons described in subparagraphs a to f;

(2)  in any other case, the principal purpose of the person in carrying on the activity of supplying the complex or unit is not that of providing accommodation for persons referred to in any of subparagraphs a to f of paragraph 1.

O.C. 1607-92, s. 386R2; O.C. 1463-2001, s. 23.