T-0.1 - Act respecting the Québec sales tax

Section 378.9 Disposition versions

2013-01-01

378.9. For the purposes of section 378.8, the rebate to which the person is entitled is equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the complex or addition, as the case may be, and is, in the case of a multiple unit residential complex or an addition to such a complex, a qualifying residential unit of the person at the particular time, determined by the formula

[A × ($225,000 − B)/$25,000] − C.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $7,182 and the amount determined by the formula

36% × (A1 × A2);

(2)  B is the greater of $200,000

(a)  if the unit is a single unit residential complex or a residential unit held in co-ownership, the fair market value of the unit at the particular time, and

(b)  in any other case, the amount determined by the formula

B1 × B2; and

(3)  (subparagraph repealed);

(4)  C is the amount of the rebate under section 370.0.2 that the recipient of the exempt supply by way of sale is entitled to claim in respect of the complex or unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the tax under section 16 that is deemed to have been paid by the person at the particular time in respect of the residential complex or addition;

(2)  A2 is

(a)  if the unit is a single unit residential complex or a residential unit held in co-ownership, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space; and

(4)  B2 is the fair market value at the particular time of the residential complex or addition, as the case may be;

(5)  (subparagraph repealed).

2003, c. 2, s. 339; 2007, c. 12, s. 334; 2009, c. 5, s. 648; 2010, c. 5, s. 239; 2011, c. 6, s. 278; 2012, c. 28, s. 134.

2012-01-01

378.9. For the purposes of section 378.8, the rebate to which the person is entitled is equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the complex or addition, as the case may be, and is, in the case of a multiple unit residential complex or an addition to such a complex, a qualifying residential unit of the person at the particular time, determined by the formula

[A × ($225,000 − B)/$25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $7,059 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the particular time, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act (R.S.C. 1985, c. E-15) in respect of that unit if that unit were acquired at that time by the person for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

(b)  in any other case, the amount determined by the formula

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the person is entitled in respect of the unit under subsection 4 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.0.2 that the recipient of the exempt supply by way of sale is entitled to claim in respect of the complex or unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the tax under section 16 that is deemed to have been paid by the person at the particular time in respect of the residential complex or addition;

(2)  A2 is

(a)  if the unit is a single unit residential complex or a residential condominium unit, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value at the particular time of the residential complex or addition, as the case may be, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act in respect of that residential complex or that addition if it were acquired at that time by the person for consideration equal to the fair market value of the residential complex or addition as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339; 2007, c. 12, s. 334; 2009, c. 5, s. 648; 2010, c. 5, s. 239; 2011, c. 6, s. 278.

2011-01-01

378.9. For the purposes of section 378.8, the rebate to which the person is entitled is equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the complex or addition, as the case may be, and is, in the case of a multiple unit residential complex or an addition to such a complex, a qualifying residential unit of the person at the particular time, determined by the formula

[A × ($225,000 − B) / $25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $6,316 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the particular time, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that unit if that unit were acquired at that time by the person for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

(b)  in any other case, the amount determined by the formula

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the person is entitled in respect of the unit under subsection 4 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.0.2 that the recipient of the exempt supply by way of sale is entitled to claim in respect of the complex or unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the tax under section 16 that is deemed to have been paid by the person at the particular time in respect of the residential complex or addition;

(2)  A2 is

(a)  if the unit is a single unit residential complex or a residential condominium unit, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value at the particular time of the residential complex or addition, as the case may be, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act in respect of that residential complex or that addition if it were acquired at that time by the person for consideration equal to the fair market value of the residential complex or addition as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339; 2007, c. 12, s. 334; 2009, c. 5, s. 648; 2010, c. 5, s. 239.

2009-05-15

378.9. For the purposes of section 378.8, the rebate to which the person is entitled is equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the complex or addition, as the case may be, and is, in the case of a multiple unit residential complex or an addition to such a complex, a qualifying residential unit of the person at the particular time, determined by the formula

[A × ($225,000 − B) / $25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $5,573 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the particular time, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that unit if that unit were acquired at that time by the person for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

(b)  in any other case, the amount determined by the formula

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the person is entitled in respect of the unit under subsection 4 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.0.2 that the recipient of the exempt supply by way of sale is entitled to claim in respect of the complex or unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the tax under section 16 that is deemed to have been paid by the person at the particular time in respect of the residential complex or addition;

(2)  A2 is

(a)  if the unit is a single unit residential complex or a residential condominium unit, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value at the particular time of the residential complex or addition, as the case may be, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act in respect of that residential complex or that addition if it were acquired at that time by the person for consideration equal to the fair market value of the residential complex or addition as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339; 2007, c. 12, s. 334; 2009, c. 5, s. 648.

2007-11-07

378.9. For the purposes of section 378.8, the rebate to which the person is entitled is equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the complex or addition, as the case may be, and is, in the case of a multiple unit residential complex or an addition to such a complex, a qualifying residential unit of the person at the particular time, determined by the formula

[A × ($225,000 − B) / $25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $5,607 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the particular time, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that unit if that unit were acquired at that time by the person for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

(b)  in any other case, the amount determined by the formula

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the person is entitled in respect of the unit under subsection 4 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.0.2 that the recipient of the exempt supply by way of sale is entitled to claim in respect of the complex or unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the tax under section 16 that is deemed to have been paid by the person at the particular time in respect of the residential complex or addition;

(2)  A2 is

(a)  if the unit is a single unit residential complex or a residential condominium unit, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value at the particular time of the residential complex or addition, as the case may be, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act in respect of that residential complex or that addition if it were acquired at that time by the person for consideration equal to the fair market value of the residential complex or addition as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339; 2007, c. 12, s. 334.

2003-07-03

378.9. For the purposes of section 378.8, the rebate to which the person is entitled is equal to the total of all amounts each of which is an amount, in respect of a residential unit that forms part of the complex or addition, as the case may be, and is, in the case of a multiple unit residential complex or an addition to such a complex, a qualifying residential unit of the person at the particular time, determined by the formula

[A × ($225,000 − B) / $25,000] + C − D.

For the purposes of the formula in the first paragraph,

(1)  A is the lesser of $5,642 and the amount determined by the formula

36% × [(A1 × A2) − E];

(2)  B is the greater of $200,000 and

(a)  if the unit is a single unit residential complex or a residential condominium unit, the fair market value of the unit at the particular time, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of that unit if that unit were acquired at that time by the person for consideration equal to the fair market value of the unit as determined in accordance with that Act, and

(b)  in any other case, the amount determined by the formula

B1 × B2;

(3)  C is the tax paid under section 16 in respect of the amount of the rebate to which the person is entitled in respect of the unit under subsection 4 of section 256.2 of the Excise Tax Act; and

(4)  D is the amount of the rebate under section 370.0.2 that the recipient of the exempt supply by way of sale is entitled to claim in respect of the complex or unit.

For the purposes of the formulas in the second paragraph,

(1)  A1 is the tax under section 16 that is deemed to have been paid by the person at the particular time in respect of the residential complex or addition;

(2)  A2 is

(a)  if the unit is a single unit residential complex or a residential condominium unit, 1, and

(b)  in any other case, the unit’s percentage of total floor space;

(3)  B1 is the unit’s percentage of total floor space;

(4)  B2 is the fair market value at the particular time of the residential complex or addition, as the case may be, excluding an amount equal to the tax that would be paid or payable by the person under Part IX of the Excise Tax Act in respect of that residential complex or that addition if it were acquired at that time by the person for consideration equal to the fair market value of the residential complex or addition as determined in accordance with that Act; and

(5)  E is the amount determined under subparagraph 3 of the second paragraph.

2003, c. 2, s. 339.