T-0.1 - Act respecting the Québec sales tax

Section 670.23 Disposition versions

2007-11-07

670.23. Subject to section 670.26, a particular person is entitled to a rebate determined in accordance with section 670.24 if

(1)  under an agreement, evidenced in writing, entered into between the particular person and the builder of a residential complex, other than a single unit residential complex or a residential unit held in co-ownership, or an addition to it, the particular person is the recipient of

(a)  an exempt supply by way of lease of the land forming part of the residential complex or an exempt supply of such a lease by way of assignment, and

(b)  an exempt supply by way of sale of all or part of the building in which a residential unit forming part of the residential complex or of the addition is situated;

(2)  possession of a residential unit forming part of the residential complex or of the addition is given to the particular person under the agreement after 30 June 2006;

(3)  the builder is deemed under section 225 or 226 to have made and received the supply of the residential complex or of the addition as a consequence of

(a)  giving possession of the residential unit to the particular person under the agreement, or

(b)  giving possession of a residential unit forming part of the residential complex or of the addition to another person under an agreement referred to in paragraph 1 entered into between the other person and the builder;

(4)  the builder is deemed to have paid tax under section 16 in respect of the supply;

(5)  where the builder is deemed to have paid the tax referred to in paragraph 4 after 30 June 2006, it is the case that

(a)  the builder and the particular person entered into the agreement before 3 May 2006, or

(b)  the builder and a person, other than the particular person, before 3 May 2006, entered into an agreement referred to in paragraph 1 in respect of a residential unit situated in the residential complex or in the addition that the builder is deemed to have supplied under paragraph 3 and that agreement was not terminated before 1 July 2006; and

(6)  the particular person is entitled to claim a rebate under subsection 1 of section 256.5 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the residential complex or of the addition.

2007, c. 12, s. 343.