T-0.1 - Act respecting the Québec sales tax

Section 622 Disposition versions

1997-03-20

622. Where, under an agreement in writing entered into before 30 August 1990 between a supplier and a person, a taxable supply by way of sale in Québec of a residential complex held in co-ownership is made to the person, ownership and possession of the complex are not transferred to the person under the agreement before 1 July 1992 and ownership of the complex is transferred to the person under the agreement or a declaration of co-ownership relating to the complex is entered in the land register at any time after 30 June 1992, the following rules apply:

(1)  no tax is payable by the person in respect of the supply;

(2)  section 223 does not apply in respect of a unit held in co-ownership situated in the residential complex before ownership of the complex is transferred to the person;

(3)  where the person is a builder of the residential complex by reason only of paragraph 4 of the definition of “builder”, the person is deemed not to be a builder of the residential complex or a unit held in co-ownership situated in the residential complex and, for the purpose of determining whether any other person who, after that time, makes a supply of the complex, a unit held in co-ownership situated in the residential complex or an interest in the complex or unit is a builder of the complex or of any unit situated in the complex, the declaration of co-ownership relating to the residential complex is deemed to have been entered in the land register at that time and each of the units is deemed to have been occupied at that time by an individual as a place of residence;

(4)  for the purposes of Division II of Chapter VI, a unit held in co-ownership situated in the residential complex is deemed not to be a specified residential complex; and

(5)  the supplier is not entitled to an input tax refund in respect of the supply of property or services required for completion of the work after 30 June 1992.

1991, c. 67, s. 622; 1994, c. 22, s. 633; 1997, c. 3, s. 135.

1994-06-17

622. Where, under an agreement in writing entered into before 30 August 1990 between a supplier and a person, a taxable supply by way of sale in Québec of a residential complex held in co-ownership is made to the person, ownership and possession of the complex are not transferred to the person under the agreement before 1 July 1992 and ownership of the complex is transferred to the person under the agreement or a declaration of co-ownership relating to the complex is registered at any time after 30 June 1992, the following rules apply:

(1)  no tax is payable by the person in respect of the supply;

(2)  section 223 does not apply in respect of a unit held in co-ownership situated in the residential complex before ownership of the complex is transferred to the person;

(3)  where the person is a builder of the residential complex by reason only of paragraph 4 of the definition of “builder”, the person is deemed not to be a builder of the residential complex or a unit held in co-ownership situated in the residential complex and, for the purpose of determining whether any other person who, after that time, makes a supply of the complex, a unit held in co-ownership situated in the residential complex or an interest in the complex or unit is a builder of the complex or of any unit situated in the complex, the declaration of co-ownership relating to the residential complex is deemed to have been registered at that time and each of the units is deemed to have been occupied at that time by an individual as a place of residence;

(4)  for the purposes of Division II of Chapter VI, a unit held in co-ownership situated in the residential complex is deemed not to be a specified residential complex; and

(5)  the supplier is not entitled to an input tax refund in respect of the supply of property or services required for completion of the work after 30 June 1992.

1991, c. 67, s. 622; 1994, c. 22, s. 633.

1992-07-01

622. Where, under an agreement in writing entered into before 30 August 1990 between a supplier and a person, a taxable supply by way of sale in Québec of a residential complex held in co-ownership is made to the person, ownership and possession of the complex are not transferred to the person under the agreement before 1 July 1992 and ownership of the complex is transferred to the person under the agreement or a declaration of co-ownership relating to the complex is registered at any time after 30 June 1992, the following rules apply:

(1)  no tax is payable by the person in respect of the supply;

(2)  section 223 does not apply in respect of a unit situated in the residential complex before ownership of the complex is transferred to the person;

(3)  where the person is a builder of the residential complex by reason only of paragraph 4 of the definition “builder”, the person is deemed not to be the builder of the residential complex or the units held in co-ownership;

(4)  for the purposes of Division II of Chapter VI, a unit held in co-ownership situated in the residential complex is deemed not to be a specified residential complex; and

(5)  the supplier is not entitled to an input tax refund in respect of the supply of property or services required for completion of the work after 30 June 1992.

1991, c. 67, s. 622.