T-0.1 - Act respecting the Québec sales tax

Section 221 Disposition versions

1992-07-01

221. Where at any time an individual appropriates an immovable for the personal use or enjoyment of the individual, another individual related to the individual or a former spouse of the individual, the individual is deemed

(1)  to have made and received a taxable supply by way of sale of the immovable immediately before that time; and

(2)  to have paid as a recipient and to have collected as a supplier, at that time, tax in respect of the supply, calculated on the fair market value of the immovable at that time.

However, the first paragraph applies only where, immediately before that time, the immovable

(1)  was held for supply, or was used or held for use as capital property, in a business or commercial activity of the individual; and

(2)  was not a residential complex.

1991, c. 67, s. 221.