T-0.1 - Act respecting the Québec sales tax

Section 375 Disposition versions

1993-06-15

375. (Repealed).

1991, c. 67, s. 375; 1993, c. 19, s. 226.

1992-07-01

375. Subject to section 377, a particular individual who constructs or substantially renovates, or engages another person to construct or substantially renovate for the particular individual, a single unit residential complex for use as the primary place of residence of the particular individual, an individual related to the particular individual or a former spouse of the particular individual, is entitled to a rebate determined in accordance with section 376, if

(1)  the fair market value of the residential complex, at the time the construction or substantial renovation thereof is substantially completed, is less than $175 000, excluding an amount equal to the tax that would be paid or payable by the particular individual under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that residential complex if he acquired it at that time for consideration equal to the fair market value of the residential complex as determined in accordance with that Act;

(2)  the particular individual has paid tax under section 16 in respect of the supply by way of sale to the individual of the land that forms part of the residential complex or an interest therein or in respect of the supply to the individual of any improvement thereto (the total of which tax is referred to in this section and section 376 as the “total tax paid by the particular individual”); and

(3)  either

(a)  the first individual to occupy the residential complex under an arrangement for that purpose at any time after the construction or substantial renovation is begun is the particular individual, an individual related to the particular individual or a former spouse of the particular individual; or

(b)  the particular individual makes an exempt supply by way of sale of the residential complex and ownership is transferred to the recipient of the supply before the residential complex is occupied by any individual as a place of residence or lodging under any arrangement for that purpose.

1991, c. 67, s. 375.