T-0.1 - Act respecting the Québec sales tax

Section 378.13 Disposition versions

2013-01-01

378.13. For the purposes of section 378.12, the rebate to which the person is entitled is equal to the amount determined by the formula

(36% × A) × [($56,250 - B)/$6,250].

For the purposes of the formula,

(1)  A is

(a)  in the case of a taxable supply in respect of which the person is deemed to have paid tax calculated on the fair market value of the land, the tax under section 16 that is deemed to have been paid in respect of that supply, and

(b)  in the case of a taxable supply in respect of which the person is deemed to have paid tax equal to the basic tax content of the land, tax equal to the basic tax content of the land at the particular time; and

(2)  (subparagraph repealed);

(3)  B is the greater of $50,000

(a)  in the case of a supply of land referred to in subparagraph 1 of the first paragraph of section 100, the fair market value of the land at the particular time, and

(b)  in the case of a supply of a site in a residential trailer park or in an addition to a residential trailer park, the result obtained by dividing the fair market value, at the particular time, of the park or addition, as the case may be, by the total number of sites in the park or addition, as the case may be, at the particular time.

2003, c. 2, s. 339; 2012, c. 28, s. 136.

2003-07-03

378.13. For the purposes of section 378.12, the rebate to which the person is entitled is equal to the amount determined by the formula

{[36% × (A − B)] × [($56,250 − C) / $6,250]} + B.

For the purposes of the formula,

(1)  A is

(a)  in the case of a taxable supply in respect of which the person is deemed to have paid tax calculated on the fair market value of the land, the tax under section 16 that is deemed to have been paid in respect of that supply, and

(b)  in the case of a taxable supply in respect of which the person is deemed to have paid tax equal to the basic tax content of the land, tax equal to the basic tax content of the land at the particular time;

(2)  B is the tax paid under section 16 in respect of the amount of the rebate to which the person is entitled in respect of the land under subsection 6 of section 256.2 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15); and

(3)  C is the greater of $50,000 and

(a)  in the case of a supply of land referred to in subparagraph 1 of the first paragraph of section 100, the fair market value of the land at the particular time, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act in respect of that land if it were acquired at that time by the person for consideration equal to the fair market value of the land as determined in accordance with that Act, and

(b)  in the case of a supply of a site in a residential trailer park or in an addition to a residential trailer park, the result obtained by dividing the fair market value, at the particular time, of the park or addition, as the case may be, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act in respect of that site or addition if it were acquired at that time by the person for consideration equal to the fair market value of the site or addition as determined in accordance with that Act, by the total number of sites in the park or addition, as the case may be, at the particular time.

2003, c. 2, s. 339.