T-0.1 - Act respecting the Québec sales tax

Section 95 Disposition versions

1994-06-17

95. A supply by way of sale of a residential complex or an interest therein made by an individual who is a builder of the complex or, where the complex is a multiple unit residential complex, an addition thereto is exempt, if

(1)  at any time after the construction or substantial renovation of the complex or addition is substantially completed, the complex is used primarily as a place of residence of the individual, an individual related to the individual or a former spouse of the individual; and

(2)  the complex is not used primarily for any other purpose after the construction or substantial renovation is substantially completed and before that time.

The first paragraph does not apply if the individual claimed an input tax refund in respect of the last acquisition by the individual of the immovable included in the residential complex or in respect of the acquisition or bringing into Québec by the individual, after the immovable was last acquired by the individual, of an improvement to the immovable.

1991, c. 67, s. 95; 1994, c. 22, s. 411.

1992-07-01

95. A supply by way of sale of a residential complex or an interest therein made by the builder of the residential complex or, where the residential complex is a multiple unit residential complex, by the builder of an addition thereto, is exempt if

(1)  the builder is an individual;

(2)  at any time after the construction or substantial renovation of the complex or addition is substantially completed, the complex is used primarily as a place of residence of the individual, an individual related to the individual or a former spouse of the individual; and

(3)  the complex is not used primarily for any other purpose after the construction or substantial renovation is substantially completed and before that time.

The first paragraph does not apply if the individual claimed an input tax refund in respect of the acquisition of or an improvement to the residential complex and, after the individual claimed the input tax refund and before ownership of the residential complex or interest is transferred to the recipient of the supply, the individual was not deemed under section 261 to have made another supply by way of sale of the residential complex.

1991, c. 67, s. 95.