T-0.1 - Act respecting the Québec sales tax

Section 231.3 Disposition versions

2015-12-04

231.3. Where a builder of a residential complex or an addition thereto is deemed under any of sections 223 to 226 to have, at a particular time, made and received a supply of the complex or addition and, except where the builder is a government or a municipality, the builder, at or before the particular time, has received or can reasonably expect to receive government funding in respect of the complex, the amount of tax in respect of the supply, calculated on the fair market value of the complex or addition, is deemed for the purposes of sections 223 to 226 to be equal to the greater of

(1)  the amount that would, but for this section, be the tax calculated on that fair market value; and

(2)  the amount determined by the formula

A + B.

The first paragraph applies only if possession or use of at least 10% of the residential units in the complex is intended to be given for the purpose of their occupancy as a place of residence or lodging by

(1)  seniors;

(2)  youths;

(3)  students;

(4)  persons with a disability;

(5)  persons in distress or persons in need of assistance;

(6)  individuals whose eligibility for occupancy of the units as a place of residence or lodging, or for reduced payments in respect of their occupancy as a place of residence or lodging, is dependent on a means or income test; or

(7)  individuals for whose benefit no other persons (other than public sector bodies) pay consideration for supplies that include giving possession or use of the units for occupancy by the individuals as a place of residence or lodging and who either pay no consideration for the supplies or pay consideration that is significantly less than the consideration that could reasonably be expected to be paid for comparable supplies made by a person in the business of making such supplies for the purpose of earning a profit.

For the purposes of the formula in the first paragraph,

(1)  A is the total of all amounts each of which is an amount determined by the formula

C × (D / E); and

(2)  B is the total of all amounts each of which is an amount determined by the formula

F × (G / H).

For the purposes of the formulas in the third paragraph,

(1)  C is an amount of tax, calculated at a particular rate, that was payable under the first paragraph of section 16 or any of sections 17, 18, 18.0.1 and 26.3 by the builder in respect of an acquisition of an immovable that forms part of the complex or addition or in respect of an acquisition or bringing into Québec of an improvement to an immovable that forms part of the complex or addition;

(2)  D is the tax rate specified in the first paragraph of section 16 at the particular time referred to in the first paragraph;

(3)  E is the particular rate;

(4)  F is an amount (other than an amount referred to in subparagraph 1) that would have been payable as tax, calculated at a particular rate, under the first paragraph of section 16 or any of sections 17, 18, 18.0.1 and 26.3 by the builder in respect of an acquisition or bringing into Québec of an improvement to an immovable that forms part of the complex or addition but for the fact that the improvement was acquired or brought into Québec for consumption, use or supply exclusively in the course of commercial activities of the builder;

(5)  G is the tax rate specified in the first paragraph of section 16 at the particular time referred to in the first paragraph; and

(6)  H is the particular rate.

1997, c. 85, s. 552; 2009, c. 15, s. 508; 2015, c. 36, s. 204.

2009-06-04

231.3. Where a builder of a residential complex or an addition thereto is deemed under any of sections 223 to 226 to have, at a particular time, made and received a supply of the complex or addition and, except where the builder is a government or a municipality, the builder, at or before the particular time, has received or can reasonably expect to receive government funding in respect of the complex, the amount of tax in respect of the supply, calculated on the fair market value of the complex or addition, is deemed for the purposes of sections 223 to 226 to be equal to the greater of

(1)  the amount that would, but for this section, be the tax calculated on that fair market value; and

(2)  the total of all amounts each of which is tax that was payable by the builder in respect of an immovable that forms part of the complex or addition, or an improvement to the immovable.

The first paragraph applies only if possession or use of at least 10% of the residential units in the complex is intended to be given for the purpose of their occupancy as a place of residence or lodging by

(1)  seniors;

(2)  youths;

(3)  students;

(4)  persons with a disability;

(5)  persons in distress or persons in need of assistance;

(6)  individuals whose eligibility for occupancy of the units as a place of residence or lodging, or for reduced payments in respect of their occupancy as a place of residence or lodging, is dependent on a means or income test; or

(7)  individuals for whose benefit no other persons (other than public sector bodies) pay consideration for supplies that include giving possession or use of the units for occupancy by the individuals as a place of residence or lodging and who either pay no consideration for the supplies or pay consideration that is significantly less than the consideration that could reasonably be expected to be paid for comparable supplies made by a person in the business of making such supplies for the purpose of earning a profit.

1997, c. 85, s. 552; 2009, c. 15, s. 508.

1997-12-19

231.3. Where a builder of a residential complex or an addition thereto is deemed under any of sections 223 to 226 to have, at a particular time, made and received a supply of the complex or addition and, except where the builder is a government or a municipality, the builder, at or before the particular time, has received or can reasonably expect to receive government funding in respect of the complex, the amount of tax in respect of the supply, calculated on the fair market value of the complex or addition, is deemed for the purposes of sections 223 to 226 to be equal to the greater of

(1)  the amount that would, but for this section, be the tax calculated on that fair market value; and

(2)  the total of all amounts each of which is tax that was payable by the builder in respect of an immovable that forms part of the complex or addition, or an improvement to the immovable.

The first paragraph applies only where at least 10% of the residential units in the complex are intended to be supplied to

(a)  seniors;

(b)  youths;

(c)  students;

(d)  persons with a disability;

(e)  persons in distress or persons in need of assistance;

(f)  individuals whose means or income is the basis of their eligibility for occupancy of the units or for reduced lease payments;

(g)  individuals for whose benefit no other persons other than public sector bodies pay consideration for the supplies of the units and who either pay no consideration for the supplies or pay consideration that is significantly less than the consideration that could reasonably be expected to be paid for comparable supplies made by a person in the business of making such supplies for the purpose of earning a profit; or

(h)  any combination of persons described in any of subparagraphs a to g.

1997, c. 85, s. 552.