New Harmonized Value-added Tax System Regulations, No. 2 (SOR/2010-151)

Regulations are current to 2019-08-28 and last amended on 2019-03-04. Previous Versions

PART 10Application (continued)

 Section 46 applies in respect of a residential complex in respect of which the particular individual referred to in paragraph 256(2)(c) of the Act paid tax under subsection 165(2), section 212.1 or 218.1 or any of sections 220.05 to 220.07 of the Act in respect of the land that forms part of the complex or an interest therein or in respect of any improvement to the land or complex.

  •  (1) Subsections 47(3) and (4) apply in respect of a residential complex, an interest in a residential complex or an addition if the particular time referred to in paragraph 256.2(3)(b) of the Act in respect of the residential complex, interest or addition is on or after July 1, 2010.

  • (2) Subsections 47(5) and (6) apply in respect of a residential complex or addition if the particular time referred to in paragraph 256.2(4)(c) of the Act in respect of the residential complex or addition is on or after July 1, 2010.

  • (3) Subsections 47(7) and (8) apply in respect of a residential unit included in a residential complex if possession of the unit is first given on or after July 1, 2010 as an incidence of ownership of a share of a cooperative housing corporation, unless tax under subsection 165(2) of the Act did not apply to the supply of the complex to the corporation referred to in subparagraph 256.2(5)(a)(i) or (ii) of the Act, as the case may be.

  • (4) Subsections 47(9) and (10) apply in respect of land if the exempt supply of the land referred to in paragraph 256.2(6)(a) of the Act is made on or after July 1, 2010.

PART 11Wind-Down — British Columbia

 Despite Part 10,

  • (a) subsection 51(1) does not apply in respect of a taxable supply by way of sale of a single unit residential complex made in British Columbia if tax in respect of the supply becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (b) subsection 51(2) does not apply in respect of an agreement described in paragraph 51(1)(a) in respect of a single unit residential complex situated in British Columbia if tax in respect of the taxable supply by way of sale of the single unit residential complex made under the agreement becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (c) subsection 51(4) does not apply in respect of a first resale, referred to in subsection 51(3), of a single unit residential complex made in British Columbia if tax in respect of the first resale becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (d) subsection 51(5) does not apply in respect of a particular taxable supply by way of sale, referred to in that subsection, of a single unit residential complex made in British Columbia if tax in respect of the supply becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (e) subsection 51(7) does not apply in respect of a subsequent resale, referred to in subsection 51(6), of a single unit residential complex made in British Columbia if tax in respect of the subsequent resale becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (f) subsection 52(1) does not apply in respect of a taxable supply by way of sale of a residential condominium unit made in British Columbia if tax in respect of the supply becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (g) subsection 52(2) does not apply in respect of an agreement described in paragraph 52(1)(a) in respect of a residential condominium unit situated in British Columbia if tax in respect of the taxable supply by way of sale of the residential condominium unit made under the agreement becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (h) subsection 52(4) does not apply in respect of a first resale, referred to in subsection 52(3), of a residential condominium unit made in British Columbia if tax in respect of the first resale becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (i) subsection 52(5) does not apply in respect of a particular taxable supply by way of sale, referred to in that subsection, of a residential condominium unit made in British Columbia if tax in respect of the supply becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (j) subsection 52(7) does not apply in respect of a subsequent resale, referred to in subsection 52(6), of a residential condominium unit made in British Columbia if tax in respect of the subsequent resale becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (k) subsection 53(1) does not apply in respect of a taxable supply by way of sale of a condominium complex made in British Columbia if tax in respect of the supply becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (l) subsection 53(2) does not apply in respect of an agreement described in paragraph 53(1)(a) in respect of a condominium complex situated in British Columbia if tax in respect of the taxable supply by way of sale of the condominium complex made under the agreement becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (m) subsection 53(4) does not apply in respect of a first resale, referred to in subsection 53(3), of a condominium complex, or any residential condominium unit located in a condominium complex, made in British Columbia if tax in respect of the first resale becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (n) subsection 53(5) does not apply in respect of a particular taxable supply by way of sale, referred to in that subsection, of a condominium complex, or any residential condominium unit located in a condominium complex, made in British Columbia if tax in respect of the supply becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (o) subsection 53(7) does not apply in respect of a subsequent resale, referred to in subsection 53(6), of a condominium complex, or any residential condominium unit located in a condominium complex, made in British Columbia if tax in respect of the subsequent resale becomes payable because of subsection 168(5) of the Act after March 31, 2013;

  • (p) subsection 53(9) does not apply in respect of a subsequent resale, referred to in subsection 53(8), of a residential condominium unit located in a condominium complex made in British Columbia if tax in respect of the subsequent resale becomes payable because of subsection 168(5) of the Act after March 31, 2013; and

  • (q) section 57 does not apply in respect of a specified residential complex situated in British Columbia if tax in respect of the first taxable supply of the complex made by the builder referred to in paragraph 57(1)(a) becomes payable because of subsection 168(5) of the Act, or is deemed under section 191 of the Act to have been paid, on or after April 1, 2013, unless an application for a rebate, the amount of which is determined under subsection 57(4), is filed with the Minister before February 17, 2012.

  • SOR/2012-191, s. 43
 
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