T-0.1 - Act respecting the Québec sales tax

Section 363 Disposition versions

1999-04-01

363. (Repealed).

1991, c. 67, s. 363; 1993, c. 19, s. 221.

1992-07-01

363. Subject to section 365, a particular individual who receives from a builder of a single unit residential complex or a residential unit held in co-ownership a taxable supply by way of sale of the residential complex or unit is entitled to a rebate determined in accordance with section 364 if

(1)  at the time the particular individual becomes liable or assumes liability under an agreement of purchase and sale of the residential complex or unit entered into between the builder and the particular individual, the particular individual is acquiring the residential complex or unit for use as the primary place of residence of the particular individual, an individual related to the particular individual or a former spouse of the particular individual;

(2)  the total of all amounts (referred to as the “total consideration” in this section and sections 364 and 369), each of which is the consideration payable for the supply to the particular individual of the residential complex or unit or for any other taxable supply to the particular individual of an interest in the residential complex or unit, excluding the tax paid or payable under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of such supplies, is less than $175 000;

(3)  the particular individual has paid all of the tax under section 16 in respect of the supply of the residential complex or unit and in respect of any other supply to the individual of an interest in the residential complex or unit (the total of which tax is referred to in this section and in section 364 as the “total tax paid by the particular individual”);

(4)  ownership of the residential complex or unit is transferred to the particular individual after the construction or substantial renovation thereof is substantially completed;

(5)  after the construction or substantial renovation is substantially completed and before possession of the residential complex or unit is given to the particular individual under the agreement of purchase and sale of the residential complex or unit,

(a)  in the case of a residential complex, the residential complex was not occupied by any individual as a place of residence or lodging under any arrangement for that purpose; and

(b)  in the case of a unit, the unit was not occupied by an individual as a place of residence or lodging under any arrangement for that purpose unless, throughout the time the unit was so occupied, it was occupied as a place of residence by an individual, an individual related to an individual or a former spouse of an individual, who was at the time of that occupation a purchaser of the unit under an agreement of purchase and sale of the unit; and

(6)  either

(a)  the first individual to occupy the residential complex or unit as a place of residence under an arrangement for that purpose at any time after substantial completion of the construction or renovation is

i.  in the case of a residential complex, the particular individual, an individual related to the particular individual or a former spouse of the particular individual; and

ii.  in the case of a unit, an individual, an individual related to an individual or a former spouse of an individual, who was at that time a purchaser of the unit under an agreement of purchase and sale of the unit; or

(b)  the particular individual makes an exempt supply by way of sale of the residential complex or unit and ownership thereof is transferred to the recipient of the supply before the residential complex or unit is occupied by any individual as a place of residence or lodging under any arrangement for that purpose.

1991, c. 67, s. 363.