T-0.1 - Act respecting the Québec sales tax

Section 97 Disposition versions

1994-06-17

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

(1)  in the case of a person who is a builder of the complex, the person received an exempt supply of the complex by way of sale, or was deemed under section 225 to have received a taxable supply of the complex by way of sale, and that supply was the last supply of the complex made by way of sale to the person; and

(2)  in the case of a person who is a builder of an addition to the complex, the person received an exempt supply of the addition by way of sale, or was deemed under section 226 to have received a taxable supply of the addition by way of sale, and that supply was the last supply of the addition made by way of sale to the person.

The first paragraph does not apply if,

(1)  after the complex was last supplied to the person, the person carried on, or engaged another person to carry on for the person, the substantial renovation of the complex; or

(2)  the person claimed an input tax refund in respect of the last acquisition by the person of the complex or an addition thereto or in respect of the acquisition or bringing into Québec by the person, after the complex was last acquired by the person, of an improvement to the complex, other than an input tax refund in respect of the construction of an addition to the complex.

1991, c. 67, s. 97; 1994, c. 22, s. 411.

1992-07-01

97. A supply by way of sale of a multiple unit residential complex or an interest therein is exempt where

(1)  made by a person who is the builder of the residential complex if, before ownership of the residential complex or interest is transferred to the recipient of the supply, the builder was deemed under section 225 to have made another supply of the residential complex, or

(2)  made by a person who is not the builder of the residential complex but is the builder of an addition thereto.

The first paragraph does not apply if

(1)  the person claimed an input tax refund in respect of the acquisition of or an improvement to the residential complex, other than in respect of the construction or substantial renovation of the residential complex or addition; and

(2)  after the person claimed the input tax refund and before ownership of the residential complex or interest is transferred to the recipient of the supply, the person 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.

In addition, the first paragraph does not apply to that part of the supply that may reasonably be regarded as the supply of an addition to the residential complex, or an interest in an addition, where the person is the builder of the addition and is not deemed under section 226 to have made another supply.

1991, c. 67, s. 97.