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(a) a cooperative housing corporation (in
this subsection referred to as the
``cooperative'')
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(i) is the recipient of a taxable supply by
way of sale (in this subsection referred to
as the ``purchase from the supplier'')
from another person of a residential
complex or of an interest in a residential
complex and is not a builder of the
complex, or
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(ii) is a builder of a residential complex,
or of an addition to a multiple unit
residential complex, who makes an
exempt supply by way of lease included
in section 6 of Part I of Schedule V that
results in the cooperative being deemed
under section 191 to have made and
received a taxable supply by way of sale
(in this subsection referred to as the
``deemed purchase'') of the complex or
addition and to have paid tax in respect of
that supply,
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(b) the cooperative is not entitled to include
the tax in respect of the purchase from the
supplier, or the tax in respect of the deemed
purchase, in determining an input tax credit
of the cooperative, and
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(c) at any time at which a residential unit
included in the complex is a qualifying
residential unit of the cooperative, the
cooperative first gives occupancy of the
unit after its construction or last substantial
renovation under an agreement for a supply
of that unit that is an exempt supply
included in section 6 of Part I of Schedule
V,
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the Minister shall, subject to subsections (7)
and (8), pay a rebate to the cooperative in
respect of that unit equal to the amount
determined by the formula
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[A x ($450,000 - B)/$100,000] - C
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where
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A is the lesser of $8750 and the amount de
termined by the formula
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A1 x A2
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A1 is 36% of the total tax under subsection
165(1) that is payable in respect of the
purchase from the supplier or is deemed
to have been paid in respect of the
deemed purchase, and
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(i) if the unit is a single unit residential
complex, 1, and
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(ii) in any other case, the unit's
percentage of total floor space,
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B is the greater of $350,000 and
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(i) 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 at which tax first
becomes payable in respect of the
purchase from the supplier or tax in
respect of the deemed purchase is
deemed to have been paid by the
cooperative, and
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(ii) in any other case, the amount
determined by the formula
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B1 x B2
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B1 is the unit's percentage of total floor
space, and
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B2 is the fair market value of the
complex at the particular time, and
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C is the amount of the rebate, if any, under
subsection 255(2) that the recipient of the
exempt supply of the unit was entitled to
claim in respect of the unit.
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| Rebate for
land leased
for residential
purposes
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(6) If
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(a) a person makes an exempt supply of land
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(i) that is a supply included in paragraph
7(a) of Part I of Schedule V made to a
person described in subparagraph (i) of
that paragraph, or that is a supply,
included in paragraph 7(b) of that Part, of
a site in a residential trailer park, and
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(ii) that results in the person being
deemed under any of subsections 190(3)
to (5), 200(2), 206(4) and 207(1) to have
made and received a taxable supply by
way of sale of the land and to have paid
tax, at a particular time, in respect of that
supply,
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(b) in the case of an exempt supply of land
described in paragraph 7(a) of Part I of
Schedule V, the residential unit that is or is
to be affixed to the land is or will be so
affixed for the purpose of its use and
enjoyment as a primary place of residence
for individuals, and
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(c) the person is not entitled to include the
tax deemed to have been paid by the person
in determining an input tax credit of the
person,
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the Minister shall, subject to subsections (7)
and (8), pay a rebate to the person equal to the
amount determined by the formula
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A x ($112,500 - B)/$25,000
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where
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A is
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(i) in the case of a taxable supply in
respect of which the person is deemed to
have paid tax calculated on the fair
market value of the land, 36% of the tax
under subsection 165(1) that is deemed to
have been paid in respect of that supply,
and
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(ii) in the case of a taxable supply in
respect of which the person is deemed to
have paid tax equal to the basic tax
content of the land, 36% of the qualifying
portion of the basic tax content of the
land at the particular time, and
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B is the greater of $87,500 and
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(i) in the case of a supply of land included
in paragraph 7(a) of Part I of Schedule V,
the fair market value of the land at the
particular time, and
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(ii) in the case of a supply of a site in a
residential trailer park or in an addition to
a residential trailer park, the fair market
value, at the particular time, of the park
or addition, as the case may be, divided
by the total number of sites in the park or
addition, as the case may be, at the
particular time.
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| Application
for rebate and
payment of
tax
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(7) A rebate shall not be paid to a person
under this section unless
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(a) the person files an application for the
rebate within two years after
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(i) in the case of a rebate under subsection
(5), the end of the month in which the
person makes the exempt supply referred
to in subparagraph (5)(a)(ii),
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(ii) in the case of a rebate under
subsection (6), the end of the month in
which the tax referred to in that
subsection is deemed to have been paid
by the person, and
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(iii) in any other case of a rebate in
respect of a residential unit, the end of the
month in which tax first becomes payable
by the person, or is deemed to have been
paid by the person, in respect of the unit
or interest in the unit or in respect of the
residential complex or addition, or
interest therein, in which the unit is
situated;
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(b) if the rebate is in respect of a taxable
supply received by the person from another
person, the person has paid all of the tax
payable in respect of that supply; and
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(c) if the rebate is in respect of a taxable
supply in respect of which the person is
deemed to have collected tax in a reporting
period of the person, the person has reported
the tax in the person's return under Division
V for the reporting period and has remitted
all net tax remittable, if any, as reported in
that return.
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| Special rules
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(8) For the purposes of this section,
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(a) if, at any time, substantially all of the
residential units in a multiple unit
residential complex containing ten or more
residential units are residential units in
respect of which the condition set out in
subparagraph (a)(iii) of the definition
``qualifying residential unit'' in subsection
(1) is satisfied, all of the residential units in
the complex are deemed to be residential
units in respect of which that condition is
satisfied at that time; and
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(b) except in the case of residential units
referred to in paragraph (a) of the definition
``self-contained residence'' in subsection
(1),
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(i) the two residential units that are
located in a multiple unit residential
complex containing only those two
residential units are deemed to together
form a single residential unit, and the
complex is deemed to be a single unit
residential complex and not to be a
multiple unit residential complex, and
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(ii) if a residential unit (in this
subparagraph referred to as a ``specified
unit'') in a building affords direct internal
access (with or without the use of a key
or similar device) to another area of the
building that is all or part of the living
area of a particular residential unit, the
specified unit is deemed to be part of the
particular residential unit and not to be a
separate residential unit.
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| Restrictions
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(9) No rebate shall be paid to a person under
this section if all or part of the tax included in
determining the rebate would otherwise be
included in determining a rebate of the person
under any of sections 254, 256, 256.1 and 259
and, in determining the rebate of a person
under this section, there shall not be included
any amount of tax that the person is, under an
Act of Parliament (other than this Act) or any
other law,
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(a) not required to pay or remit; or
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(b) entitled to recover by way of a rebate,
refund or remission.
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| Repayment of
rebate
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(10) If a person was entitled to claim a
rebate under subsection (3) in respect of a
qualifying residential unit (other than a unit
located in a multiple unit residential complex)
and, within one year after the unit is first
occupied as a place of residence after the
construction or last substantial renovation of
the unit was substantially completed, the
person makes a supply by way of sale (other
than a supply deemed under section 183 or 184
to have been made) of the unit to a purchaser
who is not acquiring the unit for use as the
primary place of residence of the purchaser or
of a relation of the purchaser, the person shall
pay to the Receiver General an amount equal
to the rebate, plus interest at the rate
prescribed for the purposes of paragraph
280(1)(b), calculated on that amount for the
period beginning on the day the rebate was
paid or applied to a liability of the person and
ending on the day the amount of the rebate is
paid by the person to the Receiver General.
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(2) Section 256.2 of the Act, as enacted by
subsection (1), is deemed to have come into
force on February 28, 2000 except that
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(a) subsections (3) to (5) of that section
apply
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(i) to a taxable supply by way of sale of
a residential complex or an interest in
a residential complex to a person who
is not a builder of the complex, or of a
residential complex or an addition to a
residential complex to a person who is,
otherwise than by reason of subsection
190(1) of the Act, a builder of the
complex or addition, as the case may
be, only if the construction or last
substantial renovation of the complex
or addition, as the case may be, began
after February 27, 2000, and
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(ii) to a taxable supply by way of sale of
a residential complex or an addition to
a residential complex that is deemed to
be made to a person who has converted
real property for use as the residential
complex or the addition to a residential
complex and is, as a result, deemed
under subsection 190(1) of the Act to be
a builder of the complex or addition,
only if the construction or alteration
necessary to effect the conversion
began after February 27, 2000; and
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(b) subsection (6) of that section does not
apply to exempt supplies made before
February 28, 2000.
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(3) If, in order to satisfy the condition
under paragraph 256.2(7)(a) of the Act, as
enacted by subsection (1), with respect to a
rebate of a person, the person would have to
file an application for the rebate before the
particular day that is two years after the
day on which this Act is assented to, the
person shall, despite that paragraph, have
until the particular day to file the
application.
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17. (1) Subsection 261.01(3) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a), by adding the
word ``and'' at the end of paragraph (b) and
by adding the following after paragraph
(b):
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(c) an amount of tax under subsection
165(1) that was payable or was deemed
under section 191 to have been paid by a
trust in respect of a taxable supply to the
trust of a residential complex, an addition to
a residential complex or land if, in respect
of that supply, the trust was entitled to claim
any rebate under section 256.2 or would be
so entitled after paying the tax payable in
respect of that supply.
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(2) Subsection (1) is deemed to have come
into force on February 28, 2000.
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| 1993, c. 27,
s. 117(2)
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18. (1) Subsection 262(3) of the Act is
replaced by the following:
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| Group of
individuals
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(3) If
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(a) a supply of a residential complex or a
share of the capital stock of a cooperative
housing corporation is made to two or more
individuals, or
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(b) two or more individuals construct or
substantially renovate, or engage another
person to construct or substantially
renovate, a residential complex,
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the references in sections 254 to 256 to a
particular individual shall be read as
references to all of those individuals as a
group, but only one of those individuals may
apply for the rebate under section 254, 254.1,
255 or 256, as the case may be, in respect of
the complex or share.
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(2) Subsection (1) is deemed to have come
into force on June 1, 1997.
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19. (1) The Act is amended by adding the
following after section 273:
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Subdivision b.2
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Export distribution centres
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| Definitions
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273.1 (1) The definitions in this subsection
apply in this section.
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``added
property''
« bien
d'appoint »
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``added property'' that is in the possession of
a person means tangible personal property
(other than property that serves as evidence
of the payment of postage) or software that
the person incorporates into, attaches to,
combines or assembles with, or uses to
pack, other property that is not property of
the person held otherwise than for sale by
the person.
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``base value''
« valeur de
base »
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``base value'' of property that a particular
person imports or obtains physical
possession of in Canada from another
person means
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(a) if the particular person imports the
property, the value that is or would be, but
for subsection 215(2), deemed under
subsection 215(1) to be the value of the
property for the purposes of Division III;
and
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(b) in any other case, the fair market
value of the property at the time the
particular person obtains physical
possession of it in Canada.
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``basic
service''
« service de
base »
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``basic service'' means any of the following
services performed at any time in respect of
goods, to the extent that, if the goods were
held in a bonded warehouse at that time, it
would be feasible, given the stage of
processing of the goods at that time, to
perform that service in the bonded
warehouse and it would be permissible to
do so according to the Customs Bonded
Warehouses Regulations:
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(a) disassembling or reassembling, if the
goods have been assembled or
disassembled for packing, handling or
transportation purposes;
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(f) removing, for the sole purpose of
soliciting orders for goods or services, a
small quantity of material, or a portion, a
piece or an individual object, that
represents the goods;
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(i) any of the following that do not
materially alter the characteristics of the
goods:
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(ii) complying with any applicable law
of Canada or of a province,
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(iv) normal maintenance and
servicing,
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