T-0.1 - Act respecting the Québec sales tax

Section 621 Disposition versions

1997-03-20

621. 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 unit held in co-ownership is made to the person, ownership and possession of the unit are not transferred to the person under the agreement before 1 July 1992 and possession of the unit is transferred to the person under the agreement 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 the unit before possession thereof is transferred to the person;

(3)  where the person is a builder of the unit by reason only of paragraph 4 of the definition of “builder”, the person is deemed not to be a builder of the unit and, for the purpose of determining whether any other person who, after that time, makes a supply of the unit or an interest therein is a builder of the unit, the declaration of co-ownership relating to the residential complex held in co-ownership in which the unit is located is deemed to have been entered in the land register at that time and the unit 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, the unit 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. 621; 1994, c. 22, s. 632; 1997, c. 3, s. 135.

1994-06-17

621. 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 unit held in co-ownership is made to the person, ownership and possession of the unit are not transferred to the person under the agreement before 1 July 1992 and possession of the unit is transferred to the person under the agreement 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 the unit before possession thereof is transferred to the person;

(3)  where the person is a builder of the unit by reason only of paragraph 4 of the definition of “builder”, the person is deemed not to be a builder of the unit and, for the purpose of determining whether any other person who, after that time, makes a supply of the unit or an interest therein is a builder of the unit, the declaration of co-ownership relating to the residential complex held in co-ownership in which the unit is located is deemed to have been registered at that time and the unit 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, the unit 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. 621; 1994, c. 22, s. 632.

1992-07-01

621. 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 unit held in co-ownership is made to the person, ownership and possession of the unit are not transferred to the person under the agreement before 1 July 1992 and possession of the unit is transferred to the person under the agreement 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 the unit before possession thereof is transferred to the person;

(3)  where the person is a builder of the unit by reason only of paragraph 4 of the definition “builder”, the person is deemed not to be the builder of the unit;

(4)  for the purposes of Division II of Chapter VI, the unit 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. 621.