T-0.1 - Act respecting the Québec sales tax

Section 224 Disposition versions

1997-05-22

224. Subject to sections 224.1 to 224.5, where the construction or substantial renovation of a residential complex held in co-ownership is substantially completed, the builder of the unit is deemed

(1)  to have made and received, at the time referred to in subparagraph 3 of the second paragraph, a taxable supply by way of sale of the unit; and

(2)  except where possession of the unit was transferred to the particular person referred to in subparagraph 1 of the second paragraph before 1 July 1992, 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 unit at that time.

However, the first paragraph applies only where

(1)  the builder of the unit gives possession of the unit to a particular person who is the purchaser under an agreement of purchase and sale of the unit at a time when the declaration of co-ownership relating to the complex in which the unit is situated has not yet been entered in the land register;

(2)  the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy the unit as a place of residence after substantial completion of the construction or renovation; and

(3)  the agreement of purchase and sale is at any time terminated, otherwise than by performance of the agreement, and another agreement of purchase and sale of the unit between the builder and the particular person is not entered into at that time.

1991, c. 67, s. 224; 1994, c. 22, s. 480; 1997, c. 3, s. 135; 1997, c. 14, s. 338.

1997-03-20

224. Where the construction or substantial renovation of a residential unit held in co-ownership is substantially completed, the builder of the unit is deemed

(1)  to have made and received, at the time referred to in subparagraph 3 of the second paragraph, a taxable supply by way of sale of the unit; and

(2)  except where possession of the unit was transferred to the particular person referred to in subparagraph 1 of the second paragraph before 1 July 1992, 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 unit at that time.

However, the first paragraph applies only where

(1)  the builder of the unit gives possession of the unit to a particular person who is the purchaser under an agreement of purchase and sale of the unit at a time when the declaration of co-ownership relating to the complex in which the unit is situated has not yet been entered in the land register;

(2)  the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy the unit as a place of residence after substantial completion of the construction or renovation; and

(3)  the agreement of purchase and sale is at any time terminated, otherwise than by performance of the agreement, and another agreement of purchase and sale of the unit between the builder and the particular person is not entered into at that time.

1991, c. 67, s. 224; 1994, c. 22, s. 480; 1997, c. 3, s. 135.

1994-06-17

224. Where the construction or substantial renovation of a residential unit held in co-ownership is substantially completed, the builder of the unit is deemed

(1)  to have made and received, at the time referred to in subparagraph 3 of the second paragraph, a taxable supply by way of sale of the unit; and

(2)  except where possession of the unit was transferred to the particular person referred to in subparagraph 1 of the second paragraph before 1 July 1992, 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 unit at that time.

However, the first paragraph applies only where

(1)  the builder of the unit gives possession of the unit to a particular person who is the purchaser under an agreement of purchase and sale of the unit at a time when the declaration of co-ownership relating to the complex in which the unit is situated has not yet been registered;

(2)  the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy the unit as a place of residence after substantial completion of the construction or renovation; and

(3)  the agreement of purchase and sale is at any time terminated, otherwise than by performance of the agreement, and another agreement of purchase and sale of the unit between the builder and the particular person is not entered into at that time.

1991, c. 67, s. 224; 1994, c. 22, s. 480.

1992-07-01

224. Where the construction or substantial renovation of a residential unit held in co-ownership is substantially completed, the builder of the unit is deemed

(1)  to have made and received a taxable supply by way of sale of the unit; and

(2)  except where possession of the unit was transferred to the particular person referred to in subparagraph 1 of the second paragraph before 1 July 1992, to have paid as a recipient and to have collected as a supplier, at the time referred to in subparagraph 3 of the second paragraph, tax under section 16 in respect of the supply, calculated on the fair market value of the unit at that time.

However, the first paragraph applies only where

(1)  the builder of the unit gives possession of the unit to a particular person who is the purchaser under an agreement of purchase and sale of the unit at a time when the declaration of co-ownership relating to the complex in which the unit is situated has not yet been registered;

(2)  the particular person or an individual who is a tenant or licensee of the particular person is the first individual to occupy the unit as a place of residence after substantial completion of the construction or renovation; and

(3)  the agreement of purchase and sale is at any time terminated, otherwise than by performance of the agreement, and another agreement of purchase and sale of the unit between the builder and the particular person is not entered into at that time.

1991, c. 67, s. 224.