T-0.1 - Act respecting the Québec sales tax

Section 378.8 Disposition versions

2012-12-07

378.8. Subject to sections 378.16 and 378.17, a person, other than a cooperative housing corporation, is entitled to a rebate as determined under section 378.9, where

(1)  the person is a builder of a residential complex or of an addition to a multiple unit residential complex and the person makes

(a)  an exempt supply by way of sale, referred to in section 97.1, of a building or part of a building, and

(b)  an exempt supply, referred to in section 100, of land by way of lease or by way of assignment of a lease in respect of land;

(2)  the lease provides for continuous possession or use of the land for a period of at least 20 years or it contains an option to purchase the land;

(3)  those supplies result in the person being deemed under any of sections 223 to 231.1 to have made and received a taxable supply by way of sale of the complex or addition and to have paid tax at a particular time in respect of that supply;

(4)  in the case of a multiple unit residential complex or an addition to such a complex, the complex or addition, as the case may be, includes, at the particular time, one or more qualifying residential units of the person;

(5)  the person is not entitled to include the tax deemed to have been paid by the person in determining an input tax refund of the person; and

(6)  in the case of an exempt supply by way of sale of a single unit residential complex or a residential unit held in co-ownership, the recipient of that supply is entitled to claim a rebate under section 370.0.1 in respect of the complex or unit.

2003, c. 2, s. 339; 2012, c. 28, s. 133.

2003-07-03

378.8. Subject to sections 378.16 and 378.17, a person, other than a cooperative housing corporation, is entitled to a rebate as determined under section 378.9, where

(1)  the person is a builder of a residential complex or of an addition to a multiple unit residential complex and the person makes

(a)  an exempt supply by way of sale, referred to in section 97.1, of a building or part of a building, and

(b)  an exempt supply, referred to in section 100, of land by way of lease or by way of assignment of a lease in respect of land;

(2)  the lease provides for continuous possession or use of the land for a period of at least 20 years or it contains an option to purchase the land;

(3)  those supplies result in the person being deemed under any of sections 223 to 231.1 to have made and received a taxable supply by way of sale of the complex or addition and to have paid tax at a particular time in respect of that supply;

(4)  in the case of a multiple unit residential complex or an addition to such a complex, the complex or addition, as the case may be, includes, at the particular time, one or more qualifying residential units of the person;

(5)  the person is not entitled to include the tax deemed to have been paid by the person in determining an input tax refund of the person; and

(6)  in the case of an exempt supply by way of sale of a single unit residential complex or a residential condominium unit, the recipient of that supply is entitled to claim a rebate under section 370.0.1 in respect of the complex or unit.

2003, c. 2, s. 339.