T-0.1 - Act respecting the Québec sales tax

Section 370.10.1 Disposition versions

2012-12-07

370.10.1. For the purposes of section 370.9, the rebate to which a particular individual is entitled in respect of the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership is equal to

(1)  where the fair market value referred to in paragraph 1 of section 370.9 is not more than $200,000, the amount determined by the formula

[50% × (A - B)] + B; and

(2)  where the fair market value referred to in paragraph 1 of section 370.9 is more than $200,000 but less than $300,000, the amount determined by the formula

{[50% × (A - B)] × [($300,000 - C)/$100,000]} + B.

For the purposes of these formulas,

(1)  A is the total tax paid by the particular individual before an application for the rebate is filed with the Minister under section 370.12;

(2)  B is the tax under section 16 that, if applicable, is paid in respect of the amount of the rebate to which the particular individual is entitled in respect of the construction or substantial renovation of the residential complex under subsection 2 of section 256 of the Excise Tax Act (R.S.C. 1985, c. E-15); and

(3)  C is the fair market value referred to in paragraph 1 of section 370.9.

For the purposes of this section, the amount obtained by multiplying 50% by the difference between A and B may not exceed,

(1)  where all the tax was paid at the rate of 8.5%, $8,772;

(2)  where all the tax was paid at the rate of 9.5%, $9,804;

(3)  where all the tax was paid at the rate of 9.975%, $9,975; and

(4)  in any other case, the amount determined by the formula

(D × $1,032) + (E × $1,203) + $8,772.

For the purposes of the formula in subparagraph 4 of the third paragraph,

(1)  D is the percentage that corresponds to the extent to which the tax was paid at the rate of 9.5%; and

(2)  E is the percentage that corresponds to the extent to which the tax was paid at the rate of 9.975%.

This section applies in respect of

(1)  the taxable supply made under an agreement in writing relating to the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership, if the agreement in writing is entered into after 31 December 2010; or

(2)  the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership that the particular individual carries on himself or herself, if the permit relating to the construction or substantial renovation is issued after 31 December 2010.

2011, c. 1, s. 150; 2011, c. 6, s. 276; 2012, c. 28, s. 130.

2011-06-06

370.10.1. For the purposes of section 370.9, the rebate to which a particular individual is entitled in respect of the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership is equal to

(1)  where the fair market value referred to in paragraph 1 of section 370.9 is not more than $200,000, the amount determined by the formula

[50% × (A - B)] + B; and

(2)  where the fair market value referred to in paragraph 1 of section 370.9 is more than $200,000 but less than $300,000, the amount determined by the formula

{[50% × (A - B)] × [($300,000 - C)/$100,000]} + B.

For the purposes of these formulas,

(1)  A is the total tax paid by the particular individual before an application for the rebate is filed with the Minister under section 370.12;

(2)  B is the tax paid under section 16 in respect of the amount of the rebate to which the particular individual is entitled in respect of the construction or substantial renovation of the residential complex under subsection 2 of section 256 of the Excise Tax Act (R.S.C. 1985, c. E-15); and

(3)  C is the fair market value referred to in paragraph 1 of section 370.9.

For the purposes of this section, the amount obtained by multiplying 50% by the difference between A and B may not exceed,

(1)  where the supply relating to the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership is made to the particular individual under an agreement in writing,

(a)  $8,772, if the agreement is entered into before 1 January 2012, or

(b)  $9,804, if the agreement is entered into after 31 December 2011; or

(2)  where the particular individual carries on himself or herself the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership and acquires property or services in the course of the construction or renovation,

(a)  $8,772, if all the property or services are acquired before 1 January 2012,

(b)  $9,804, if all the property or services are acquired after 31 December 2011, and

(c)  in any other case, the amount determined by the formula

(D × $1,032) + $8,772.

For the purposes of the formula in subparagraph c of subparagraph 2 of the third paragraph, D is the percentage that corresponds to the extent to which the tax was paid at the rate of 9.5%.

This section applies in respect of

(1)  the taxable supply made under an agreement in writing relating to the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership, if the agreement in writing is entered into after 31 December 2010; or

(2)  the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership that the particular individual carries on himself or herself, if the permit relating to the construction or substantial renovation is issued after 31 December 2010.

2011, c. 1, s. 150; 2011, c. 6, s. 276.

2011-02-17

370.10.1. For the purposes of section 370.9, the rebate to which a particular individual is entitled in respect of the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership is equal to

(1)  where the fair market value referred to in paragraph 1 of section 370.9 is not more than $200,000, the amount determined by the formula

[50% × (A - B)] + B; and

(2)  where the fair market value referred to in paragraph 1 of section 370.9 is more than $200,000 but less than $300,000, the amount determined by the formula

{[50% × (A - B)] × [($300,000 - C)/$100,000]} + B.

For the purposes of these formulas,

(1)  A is the total tax paid by the particular individual before an application for the rebate is filed with the Minister under section 370.12;

(2)  B is the tax paid under section 16 in respect of the amount of the rebate to which the particular individual is entitled in respect of the construction or substantial renovation of the residential complex under subsection 2 of section 256 of the Excise Tax Act (R.S.C. 1985, c. E-15); and

(3)  C is the fair market value referred to in paragraph 1 of section 370.9.

For the purposes of this section, the amount obtained by multiplying 50% by the difference between A and B may not exceed $8,772.

This section applies in respect of

(1)  the taxable supply made under an agreement in writing relating to the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership, if the agreement in writing is entered into after 31 December 2010; or

(2)  the construction or substantial renovation of a single unit residential complex or a residential unit held in co-ownership that the particular individual carries on himself or herself, if the permit relating to the construction or substantial renovation is issued after 31 December 2010.

2011, c. 1, s. 150.