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T-0.1 - Act respecting the Québec sales tax

Section 226
Disposition versions

Full text
226. Where the construction of an addition to a multiple unit residential complex is substantially completed, the builder of the addition is deemed
(1)  to have made and received, at the latest of the time the construction of the addition is substantially completed, the time possession or use of the unit referred to in subparagraphs a and a.1 of subparagraph 1 of the second paragraph is given as set out in those subparagraphs, and the time the unit referred to in subparagraph b of that subparagraph 1 is occupied as set out in that subparagraph, a taxable supply by way of sale of the addition; and
(2)  to have paid as a recipient and to have collected as a supplier, at the latest of those times, tax in respect of the supply calculated on the fair market value of the addition at the latest of those times.
However, the first paragraph applies only where
(1)  the builder of the addition
(a)  gives possession or use of any residential unit in the addition to a particular person under a lease, licence or similar arrangement entered into for the purpose of its occupation by an individual as a place of residence and the particular person is not a purchaser under an agreement of purchase and sale of the complex, or
(a.1)  gives possession or use of any residential unit in the addition to a particular person under an agreement for
i.  the supply by way of sale of the building or part thereof forming part of the complex, and
ii.  the supply by way of lease of the land forming part of the complex or the supply of such a lease by way of assignment, or
(b)  is an individual and occupies any residential unit in the addition as a place of residence;
(2)  the builder, the particular person or an individual who has entered into a lease, licence or similar arrangement in respect of a residential unit in the addition with the particular person, is the first individual to occupy a residential unit in the addition as a place of residence after substantial completion of the construction of the addition.
1991, c. 67, s. 226; 1994, c. 22, s. 482; 2001, c. 53, s. 316; 2009, c. 15, s. 506.
226. Where the construction of an addition to a multiple unit residential complex is substantially completed, the builder of the addition is deemed
(1)  to have made and received, at the latest of the time the construction of the addition is substantially completed, the time possession of the unit referred to in subparagraphs a and a.1 of subparagraph 1 of the second paragraph is given as set out in those subparagraphs, and the time the unit referred to in subparagraph b of that subparagraph 1 is occupied as set out in that subparagraph, a taxable supply by way of sale of the addition; and
(2)  to have paid as a recipient and to have collected as a supplier, at the latest of those times, tax in respect of the supply calculated on the fair market value of the addition at the latest of those times.
However, the first paragraph applies only where
(1)  the builder of the addition
(a)  gives possession of any residential unit in the addition to a particular person under a lease, licence or similar arrangement entered into for the purpose of its occupation by an individual as a place of residence and the particular person is not a purchaser under an agreement of purchase and sale of the complex, or
(a.1)  gives possession of any residential unit in the addition to a particular person under an agreement for
i.  the supply by way of sale of the building or part thereof forming part of the complex, and
ii.  the supply by way of lease of the land forming part of the complex or the supply of such a lease by way of assignment, or
(b)  is an individual and occupies any residential unit in the addition as a place of residence;
(2)  the builder, the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy a residential unit in the addition as a place of residence after substantial completion of the construction of the addition.
1991, c. 67, s. 226; 1994, c. 22, s. 482; 2001, c. 53, s. 316.
226. Where the construction of an addition to a multiple unit residential complex is substantially completed, the builder of the addition is deemed
(1)  to have made and received, at the latest of the time the construction of the addition is substantially completed, the time possession of the unit referred to in subparagraph a of subparagraph 1 of the second paragraph is given as set out in that subparagraph and the time the unit referred to in subparagraph b of that subparagraph is occupied as set out in that subparagraph, a taxable supply by way of sale of the addition; and
(2)  to have paid as a recipient and to have collected as a supplier, at the latest of those times, tax in respect of the supply calculated on the fair market value of the addition at the latest of those times.
However, the first paragraph applies only where
(1)  the builder of the addition
(a)  gives possession of any residential unit in the addition to a particular person under a lease, licence or similar arrangement entered into for the purpose of its occupation by an individual as a place of residence and the particular person is not a purchaser under an agreement of purchase and sale of the complex, or
(b)  is an individual and occupies any residential unit in the addition as a place of residence;
(2)  the builder, the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy a residential unit in the addition as a place of residence after substantial completion of the construction of the addition.
1991, c. 67, s. 226; 1994, c. 22, s. 482.
226. Where the construction of an addition to a multiple unit residential complex is substantially completed, the builder of the addition is deemed
(1)  to have made and received a taxable supply by way of sale of the addition; and
(2)  to have paid as a recipient and to have collected as a supplier, at the latest of the time the construction of the addition is substantially completed, the time possession of the unit referred to in subparagraph a of subparagraph 1 of the second paragraph is given as set out in that subparagraph and the time the unit referred to in subparagraph b of that subparagraph is occupied as set out in that subparagraph, tax under section 16 in respect of the supply, calculated on the fair market value of the addition at that time.
However, the first paragraph applies only where
(1)  the builder of the addition
(a)  gives possession of any residential unit in the addition to a particular person under a lease, licence or similar arrangement entered into for the purpose of its occupation by an individual as a place of residence and the particular person is not a purchaser under an agreement of purchase and sale of the complex, or
(b)  is an individual and occupies any residential unit in the addition as a place of residence;
(2)  the builder, the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy a residential unit in the addition as a place of residence after substantial completion of the construction of the addition.
1991, c. 67, s. 226.
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