T-0.1 - Act respecting the Québec sales tax

Section 96 Disposition versions

1994-06-17

96. A supply by way of sale of a single unit residential complex (in this section referred to as the “complex”) or a residential unit held in co-ownership (in this section referred to as the “unit”) or an interest in the complex or unit made by a builder of the complex or unit is exempt where,

(1)  in the case of a unit situated in a residential complex (in this section referred to as the “premises”) that was converted by the builder from use as a multiple unit residential complex to use as a complex held in co-ownership, the builder received an exempt supply of the premises by way of sale or was deemed under section 225 to have received a taxable supply of the premises by way of sale, and that supply was the last supply of the premises made by way of sale to the builder; or

(2)  in any case, the builder received an exempt supply of the complex or unit by way of sale or was deemed under section 223 or 224 to have received a taxable supply of the complex or unit by way of sale, and that supply was the last supply of the complex or unit made by way of sale to the builder.

The first paragraph does not apply if,

(1)  after the complex, unit or premises were last acquired by the builder, the builder carried on, or engaged another person to carry on for the builder, the substantial renovation of the complex, unit or premises; or

(2)  the builder claimed an input tax refund in respect of the last acquisition by the builder of the complex, unit or premises or in respect of the acquisition or bringing into Québec by the builder, after the complex, unit or premises were last acquired by the builder, of an improvement to the complex, unit or premises.

1991, c. 67, s. 96; 1994, c. 22, s. 411.

1992-07-01

96. A supply by way of sale of a single unit residential complex, a residential unit held in co-ownership or an interest in such a residential complex or unit, made by the builder of the residential complex or unit, is exempt if the builder is deemed, under section 223 or 224, to have made at any time another supply of the residential complex before ownership of the residential complex, residential unit or interest is transferred to the recipient of the supply.

The first paragraph does not apply if, after that time,

(1)  the builder claimed an input tax refund in respect of the acquisition of or an improvement to the residential complex or unit; and

(2)  after the builder claimed the input tax refund and before ownership of the residential complex or interest is transferred to the recipient of the supply, the builder was not deemed under section 258 or 261 or, by reason of section 270, under section 243 to have made another supply by way of sale of the residential complex or unit.

1991, c. 67, s. 96.