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T-0.1 - Act respecting the Québec sales tax

Section 370.0.2
Disposition versions

Full text
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in subparagraph 1 of the first paragraph of that section is equal to
(1)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $229,950, the amount determined by the formula

4.34% × A; and

(2)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $229,950 but less than $344,925, the amount determined by the formula

(4.34% × A) × [($344,925 - B)/$114,975].

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  (subparagraph repealed);
(3)  B is the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 4.34% by A may not exceed $9,975.
1995, c. 1, s. 318; 1997, c. 85, s. 647; 2001, c. 51, s. 284; 2007, c. 12, s. 327; 2009, c. 5, s. 640; 2010, c. 5, s. 232; 2011, c. 1, s. 143; 2011, c. 6, s. 270; 2012, c. 8, s. 269; 2012, c. 28, s. 123.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in subparagraph 1 of the first paragraph of that section is equal to
(1)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $229,950, the amount determined by the formula

[4.34% × (A - B)] + (9.5% × B); and

(2)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $229,950 but less than $344,925, the amount determined by the formula

{[4.34% × (A - B)] × [($344,925 - C)/$114,975]} + (9.5% × B).

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (R.S.C. 1985, c. E-15); and
(3)  C is the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 4.34% by the difference between A and B may not exceed $9,804.
1995, c. 1, s. 318; 1997, c. 85, s. 647; 2001, c. 51, s. 284; 2007, c. 12, s. 327; 2009, c. 5, s. 640; 2010, c. 5, s. 232; 2011, c. 1, s. 143; 2011, c. 6, s. 270; 2012, c. 8, s. 269.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to
(1)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $229,950, the amount determined by the formula

[4.34% × (A - B)] + (9.5% × B); and

(2)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $229,950 but less than $344,925, the amount determined by the formula

{[4.34% × (A - B)] × [($344,925 - C)/$114,975]} + (9.5% × B).

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (R.S.C. 1985, c. E-15); and
(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 4.34% by the difference between A and B may not exceed $9,804.
1995, c. 1, s. 318; 1997, c. 85, s. 647; 2001, c. 51, s. 284; 2007, c. 12, s. 327; 2009, c. 5, s. 640; 2010, c. 5, s. 232; 2011, c. 1, s. 143; 2011, c. 6, s. 270.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to
(1)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $227,850, the amount determined by the formula

[3.85% × (A − B)] + (8.5% × B); and

(2)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $227,850 but less than $341,775, the amount determined by the formula

{[3.85% × (A - B)] × [($341,775 - C)/$113,925]} + (8.5% × B).

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (R.S.C. 1985, c. E-15); and
(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 3.85% by the difference between A and B may not exceed $8,772.
1995, c. 1, s. 318; 1997, c. 85, s. 647; 2001, c. 51, s. 284; 2007, c. 12, s. 327; 2009, c. 5, s. 640; 2010, c. 5, s. 232; 2011, c. 1, s. 143.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to
(1)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $227,850, the amount determined by the formula

[2.78% × (A − B)] + (8.5% × B); and

(2)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $227,850 but less than $256,331, the amount determined by the formula

{[2.78% × (A − B)] × [($256,331 − C) / $28,481]} + (8.5% × B).

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and
(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 2.78% by the difference between A and B may not exceed $6,316.
1995, c. 1, s. 318; 1997, c. 85, s. 647; 2001, c. 51, s. 284; 2007, c. 12, s. 327; 2009, c. 5, s. 640; 2010, c. 5, s. 232.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to
(1)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $225,750, the amount determined by the formula

[2.47% × (A − B)] + (7.5% × B); and

(2)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $225,750 but less than $253,969, the amount determined by the formula

{[2.47% × (A − B)] × [($253,969 − C) / $28,219]} + (7.5% × B).

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and
(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 2.47% by the difference between A and B may not exceed $5,573.
1995, c. 1, s. 318; 1997, c. 85, s. 647; 2001, c. 51, s. 284; 2007, c. 12, s. 327; 2009, c. 5, s. 640.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to
(1)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $227,900, the amount determined by the formula

[2.46% × (A − B)] + (7.5% × B); and

(2)  if the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $227,900 but less than $256,388, the amount determined by the formula

{[2.46% × (A − B)] × [($256,388 − C) / $28,488]} + (7.5% × B).

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and
(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 2.46% by the difference between A and B may not exceed $5,607.
1995, c. 1, s. 318; 1997, c. 85, s. 647; 2001, c. 51, s. 284; 2007, c. 12, s. 327.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to
(1)  where the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $230,050, the amount determined by the formula

[2.46% × (A − B)] + (7.5% × B);

(2)  where the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $230,050 but less than $258,806, the amount determined by the formula

{[2.46% × (A − B)] × [($258,806 − C) / $28,756]} + (7.5% × B).

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and
(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 2.46% by the difference between A and B shall not exceed $5,642.
1995, c. 1, s. 318; 1997, c. 85, s. 647; 2001, c. 51, s. 284.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to
(1)  where the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is not more than $201,294, the amount determined by the formula


[2.46% × (A - B)] + (7.5% × B);

(2)  where the fair market value referred to in subparagraph 3 of the first paragraph of section 370.0.1 is more than $201,294 but less than $230,050, the amount determined by the formula


{ [( $230,050 - C )]}
{[2.46% × (A - B)]×[(--------------)]} + (7.5% × B).
{ [( $28,756 )]}

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in subparagraph 1 of the first paragraph of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supplies of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and
(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 2.46 % by the difference between A and B shall not exceed $4,937.
1995, c. 1, s. 318; 1997, c. 85, s. 647.
370.0.2. For the purposes of section 370.0.1, the rebate to which a particular individual is entitled in respect of the supply referred to in paragraph 1 of the said section is equal to
(1)  where the fair market value referred to in paragraph 3 of section 370.0.1 is not more than $199,421, the amount determined by the formula

[2.2 % × (A - B)] + (6.5 % × B); and

(2)  where the fair market value referred to in paragraph 3 of section 370.0.1 is more than $199,421 but less than $227,910, the amount determined by the formula

{ [ ($227,910 - C) ]}Š {[2.2% × (A - B)]×[----------------]} + (6.5% × B).Š { [ $28,489 ]}

For the purposes of these formulas,
(1)  A is the total of all amounts each of which is the consideration payable to the builder by the particular individual for the supply by way of sale to the particular individual of the building or part of a building referred to in paragraph 1 of section 370.0.1 or of any other structure that forms part of the complex, other than consideration that can reasonably be regarded as rent for the supply of the land attributable to the complex or as consideration for the supply of an option to purchase that land;
(2)  B is the rebate to which the particular individual is entitled in respect of the supply of the complex under subsection 2 of section 254.1 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and
(3)  C is the fair market value referred to in paragraph 3 of section 370.0.1.
For the purposes of this section, the amount obtained by multiplying 2.2% by the difference between A and B shall not exceed $4,278.
1995, c. 1, s. 318.
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