T-0.1 - Act respecting the Québec sales tax

Section 378.11 Disposition versions

2013-01-01

378.11. For the purposes of section 378.10, the rebate to which the cooperative housing corporation is entitled in respect of a residential unit is equal to the amount determined by the formula

[A × ($225,000 - B)/$25,000] - C.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $7,182 and the amount determined by the formula

36% × (A1 × A2);

(2)  B is the greater of $200,000

(a)  if the unit is a single unit residential complex or a residential unit held in co-ownership, the fair market value of the unit at the time tax first becomes payable in respect of the purchase from the supplier or tax in respect of the deemed purchase is deemed to have been paid by the cooperative, and

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

B1 × B2; and

(3)  (subparagraph repealed);

(4)  C is the amount of the rebate under section 370.6 that the recipient of the exempt supply of the unit is entitled to claim in respect of the unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the total tax under section 16 that is payable in respect of the purchase from the supplier or is deemed to have been paid in respect of the deemed purchase;

(2)  A2 is

(a)  if the unit is a single unit residential complex, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space; and

(4)  B2 is the fair market value of the residential complex at the time referred to in subparagraph a of subparagraph 2 of the second paragraph;

(5)  (subparagraph repealed).

2003, c. 2, s. 339; 2007, c. 12, s. 335; 2009, c. 5, s. 649; 2010, c. 5, s. 240; 2011, c. 6, s. 279; 2012, c. 28, s. 135.

2012-01-01

378.11. For the purposes of section 378.10, the rebate to which the cooperative housing corporation is entitled in respect of a residential unit is equal to the amount determined by the formula

[A × ($225,000 − B)/$25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $7,059 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the time at which tax first becomes payable in respect of the purchase from the supplier or tax in respect of the deemed purchase is deemed to have been paid by the cooperative, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act (R.S.C. 1985, c. E-15) in respect of that unit if it were acquired at that time by the cooperative for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

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

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the cooperative is entitled in respect of the unit under subsection 5 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.6 that the recipient of the exempt supply of the unit is entitled to claim in respect of the unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the total tax under section 16 that is payable in respect of the purchase from the supplier or is deemed to have been paid in respect of the deemed purchase;

(2)  A2 is

(a)  if the unit is a single unit residential complex, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value of the residential complex at the time referred to in subparagraph a of subparagraph 2 of the second paragraph, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act in respect of that residential complex if it were acquired at that time by the cooperative for consideration equal to the fair market value of the residential complex as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339; 2007, c. 12, s. 335; 2009, c. 5, s. 649; 2010, c. 5, s. 240; 2011, c. 6, s. 279.

2011-01-01

378.11. For the purposes of section 378.10, the rebate to which the cooperative housing corporation is entitled in respect of a residential unit is equal to the amount determined by the formula

[A × ($225,000 − B) / $25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $6,316 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the time at which tax first becomes payable in respect of the purchase from the supplier or tax in respect of the deemed purchase is deemed to have been paid by the cooperative, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that unit if it were acquired at that time by the cooperative for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

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

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the cooperative is entitled in respect of the unit under subsection 5 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.6 that the recipient of the exempt supply of the unit is entitled to claim in respect of the unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the total tax under section 16 that is payable in respect of the purchase from the supplier or is deemed to have been paid in respect of the deemed purchase;

(2)  A2 is

(a)  if the unit is a single unit residential complex, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value of the residential complex at the time referred to in subparagraph a of subparagraph 2 of the second paragraph, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act in respect of that residential complex if it were acquired at that time by the cooperative for consideration equal to the fair market value of the residential complex as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339; 2007, c. 12, s. 335; 2009, c. 5, s. 649; 2010, c. 5, s. 240.

2009-05-15

378.11. For the purposes of section 378.10, the rebate to which the cooperative housing corporation is entitled in respect of a residential unit is equal to the amount determined by the formula

[A × ($225,000 − B) / $25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $5,573 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the time at which tax first becomes payable in respect of the purchase from the supplier or tax in respect of the deemed purchase is deemed to have been paid by the cooperative, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that unit if it were acquired at that time by the cooperative for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

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

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the cooperative is entitled in respect of the unit under subsection 5 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.6 that the recipient of the exempt supply of the unit is entitled to claim in respect of the unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the total tax under section 16 that is payable in respect of the purchase from the supplier or is deemed to have been paid in respect of the deemed purchase;

(2)  A2 is

(a)  if the unit is a single unit residential complex, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value of the residential complex at the time referred to in subparagraph a of subparagraph 2 of the second paragraph, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act in respect of that residential complex if it were acquired at that time by the cooperative for consideration equal to the fair market value of the residential complex as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339; 2007, c. 12, s. 335; 2009, c. 5, s. 649.

2007-11-07

378.11. For the purposes of section 378.10, the rebate to which the cooperative housing corporation is entitled in respect of a residential unit is equal to the amount determined by the formula

[A × ($225,000 − B) / $25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $5,607 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the time at which tax first becomes payable in respect of the purchase from the supplier or tax in respect of the deemed purchase is deemed to have been paid by the cooperative, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that unit if it were acquired at that time by the cooperative for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

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

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the cooperative is entitled in respect of the unit under subsection 5 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.6 that the recipient of the exempt supply of the unit is entitled to claim in respect of the unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the total tax under section 16 that is payable in respect of the purchase from the supplier or is deemed to have been paid in respect of the deemed purchase;

(2)  A2 is

(a)  if the unit is a single unit residential complex, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value of the residential complex at the time referred to in subparagraph a of subparagraph 2 of the second paragraph, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act in respect of that residential complex if it were acquired at that time by the cooperative for consideration equal to the fair market value of the residential complex as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339; 2007, c. 12, s. 335.

2003-07-03

378.11. For the purposes of section 378.10, the rebate to which the cooperative housing corporation is entitled in respect of a residential unit is equal to the amount determined by the formula

[A × ($225,000 − B) / $25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $5,642 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the time at which tax first becomes payable in respect of the purchase from the supplier or tax in respect of the deemed purchase is deemed to have been paid by the cooperative, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that unit if it were acquired at that time by the cooperative for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

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

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the cooperative is entitled in respect of the unit under subsection 5 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.6 that the recipient of the exempt supply of the unit is entitled to claim in respect of the unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the total tax under section 16 that is payable in respect of the purchase from the supplier or is deemed to have been paid in respect of the deemed purchase;

(2)  A2 is

(a)  if the unit is a single unit residential complex, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value of the residential complex at the time referred to in subparagraph a of subparagraph 2 of the second paragraph, excluding an amount equal to the tax that would be paid or payable by the cooperative under Part IX of the Excise Tax Act in respect of that residential complex if it were acquired at that time by the cooperative for consideration equal to the fair market value of the residential complex as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339.