T-0.1 - Act respecting the Québec sales tax

Section 378.10 Disposition versions

2003-07-03

378.10. Subject to sections 378.16 and 378.17, a cooperative housing corporation is entitled to a rebate as determined under section 378.11, where

(1)  the cooperative is

(a)  the recipient of a taxable supply by way of sale (in this section and section 378.11 referred to as the “purchase from the supplier”) from another person of a residential complex or of an interest in a residential complex and is not a builder of the complex, or

(b)  a builder of a residential complex, or of an addition to a multiple unit residential complex, who makes an exempt supply by way of lease referred to in section 98 that results in the cooperative being deemed under any of sections 223 to 231.1 to have made and received a taxable supply by way of sale (in this section and section 378.11 referred to as the “deemed purchase”) of the complex or addition and to have paid tax in respect of that supply;

(2)  the cooperative is not entitled to include the tax in respect of the purchase from the supplier, or the tax in respect of the deemed purchase, in determining an input tax refund of the cooperative; and

(3)  at any time at which a residential unit included in the complex is a qualifying residential unit of the cooperative, the cooperative first gives occupancy of the unit after its construction or last substantial renovation under an agreement for a supply of that unit that is an exempt supply referred to in section 98.

2003, c. 2, s. 339.