T-0.1 - Act respecting the Québec sales tax

Section 457.10 Disposition versions

2009-06-04

457.10. If a person makes an election under section 457.8 in respect of a residential complex, or of an addition to a multiple unit residential complex, for a reporting period, the person is deemed

(1)  to have been deemed—under section 223 if the election is made in respect of a single unit residential complex or a residential unit held in co-ownership, under section 225 if the election is made in respect of a multiple unit residential complex or under section 226 if the election is made in respect of an addition—to have made and received, at the particular time referred to in paragraph 2 of section 457.8, a taxable supply of the residential complex or addition by way of sale and to have paid as a recipient and to have collected as a supplier tax in respect of the supply equal to the particular amount of tax referred to in that paragraph;

(2)  to have claimed each amount that is included in the determination of C1 in the formula in subparagraph 3 of the second paragraph of section 457.9 as an input tax refund in determining the person’s net tax for the reporting period, but only to the extent that the amount is not included in the determination of C2 in that formula;

(3)  to have claimed and received a rebate under section 378.6 or 378.14, in respect of the residential complex or addition, equal to the amount determined for B in the formula in the first paragraph of section 457.9; and

(4)  not to be required to include the particular amount of tax deemed to have been collected under paragraph 1 for the purpose of determining the person’s net tax for the reporting period that includes the particular time, other than for the purpose of including the particular amount in the determination of A in the formula in the first paragraph of section 457.9.

2009, c. 15, s. 520.