T-0.1 - Act respecting the Québec sales tax

Section 457.8 Disposition versions

2009-06-04

457.8. A person may make an election in respect of a residential complex, or of an addition to a multiple unit residential complex, for a particular reporting period if

(1)  the person is the builder of the residential complex or addition;

(2)  the person is deemed under any of sections 223, 225 and 226 to have made and received, at a particular time that is before 27 February 2008, a taxable supply by way of sale of the residential complex or addition and to have paid as a recipient and to have collected as a supplier a particular amount of tax in respect of that supply;

(3)  the person has not reported an amount as or on account of tax in respect of the taxable supply in the person’s return filed under this chapter for a reporting period the return for which is filed before 27 February 2008 or is required under this chapter to be filed on or before that date;

(4)  the person would be entitled to claim

(a)  a rebate under section 378.6 in respect of the residential complex or addition that is determined based on the particular amount of tax if

i.  section 378.6 were applied without reference to section 378.16, and

ii.  the amount determined for B in the formula in the first paragraph of section 378.7 for a qualifying residential unit, within the meaning of section 378.4, that forms part of the residential complex or addition were less than $225,000, or

(b)  a rebate under section 378.14 that is determined based on the rebate to which the person would be entitled under paragraph d of subsection 1 of section 236.4 of the Excise Tax Act (R.S.C. 1985, c. E-15) if

i.  section 378.14 were applied without reference to section 378.16, and

ii.  the election provided for in subsection 1 of section 236.4 of the Excise Tax Act were made in accordance with that subsection;

(5)  the person did not supply to another person by way of sale the residential complex or addition before 27 February 2008;

(6)  the particular reporting period ends before 27 February 2010;

(7)  the election is filed with the Minister, in the prescribed form containing prescribed information, not later than the day on or before which the person is required to file a return, under this chapter, for the particular reporting period; and

(8)  the person has not made another election under this section in respect of the residential complex or addition.

2009, c. 15, s. 520.