New Harmonized Value-added Tax System Regulations, No. 2

Version of section 46 from 2010-06-17 to 2012-09-19:


Marginal note:Definitions

  •  (1) In this section, relation has the same meaning as in subsection 256(1) of the Act.

  • Marginal note:Rebate in Ontario

    (2) If

    • (a) an individual is entitled to claim a rebate under subsection 256(2) of the Act in respect of a residential complex that the individual has constructed or substantially renovated, or has engaged another person to construct or substantially renovate, and that is for use in Ontario as the primary place of residence of the individual or a relation of the individual, or the individual would be so entitled if the fair market value of the complex, at the time the construction or substantial renovation of the complex is substantially completed, were less than $450,000, and

    • (b) the individual has paid all of the tax payable by the individual in respect of the supply by way of sale to the individual of the land that forms part of the complex or an interest in the land or in respect of the supply to, importation by, or bringing into Ontario by, the individual of any improvement to the land or, in the case of a mobile home or floating home, of the complex (the total of which tax under subsection 165(2) and sections 212.1, 218.1 and 220.05 to 220.07 of the Act is referred to in this subsection and subsection (4) as the “total tax in respect of the province”),

    for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of the rebate in respect of the residential complex under that subsection is equal to

    • (c) if tax under subsection 165(2) of the Act is payable in respect of the supply by way of sale to the individual of the land that forms part of the complex or an interest in the land, the lesser of $24,000 and 75% of the total tax in respect of the province, or

    • (d) otherwise, the lesser of $16,080 and 75% of the total tax in respect of the province.

  • Marginal note:Rebate in British Columbia

    (3) If

    • (a) an individual is entitled to claim a rebate under subsection 256(2) of the Act in respect of a residential complex that the individual has constructed or substantially renovated, or has engaged another person to construct or substantially renovate, and that is for use in British Columbia as the primary place of residence of the individual or a relation of the individual, or the individual would be so entitled if the fair market value of the complex, at the time the construction or substantial renovation of the complex is substantially completed, were less than $450,000, and

    • (b) the individual has paid all of the tax payable by the individual in respect of the supply by way of sale to the individual of the land that forms part of the complex or an interest in the land or in respect of the supply to, importation by, or bringing into British Columbia by, the individual of any improvement to the land or, in the case of a mobile home or floating home, of the complex (the total of which tax under subsection 165(2) and sections 212.1, 218.1 and 220.05 to 220.07 of the Act is referred to in this subsection and subsection (4) as the “total tax in respect of the province”),

    for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of the rebate in respect of the residential complex under that subsection is equal to

    • (c) if tax under subsection 165(2) of the Act is payable in respect of the supply by way of sale to the individual of the land that forms part of the complex or an interest in the land, the lesser of $26,250 and 71.43% of the total tax in respect of the province, or

    • (d) otherwise, the lesser of $17,588 and 71.43% of the total tax in respect of the province.

  • Marginal note:Homes occupied before substantial completion

    (4) If an individual acquires an improvement in respect of the residential complex referred to in subsection (2) or (3) and tax in respect of the improvement becomes payable by the individual more than two years after the day on which the complex is first occupied as described in subparagraph 256(2)(d)(i) of the Act, that tax shall not be included under paragraph (2)(b) or (3)(b) in determining, for the complex, the total tax in respect of the province.

  • Marginal note:Mobile homes and floating homes

    (5) For the purposes of this section, a particular individual is deemed to have constructed a mobile home or floating home and to have substantially completed the construction immediately before the earlier of the times referred to in paragraph (d) and, in the case of a mobile home or floating home imported by the individual, any use or occupation of the home outside Canada is deemed not to be use or occupation of the home, if

    • (a) the particular individual at a particular time purchases, imports or brings into Ontario or British Columbia the mobile home or floating home and at the particular time the home has never been used or occupied by any individual as a place of residence or lodging in Canada;

    • (b) the particular individual does not file with the Minister, or submit to the supplier, an application for a rebate in respect of the home under section 254 or 254.1 of the Act or in respect of the home under section 256.21 of the Act, the amount of which is determined under any of subsections 41(2), 41(3), 43(1) and 43(2);

    • (c) the particular individual is acquiring, importing or bringing into Ontario or British Columbia the mobile home or floating home for use as the primary place of residence of the particular individual or of a relation of the particular individual; and

    • (d) the first individual to occupy the mobile home or floating home in Canada at any time is the particular individual or a relation referred to in paragraph (c), or the particular individual at any time transfers ownership of the home under an agreement for an exempt supply by way of sale of the home.

  • Marginal note:Application for rebate

    (6) For the purposes of subsection 256.21(2) of the Act, an application for a rebate in relation to a residential complex, the amount of which is determined under subsection (2) or (3), must be filed within two years after the later of the day that is

    • (a) the earliest of

      • (i) the day that is two years after the day on which the complex is first occupied as described in subparagraph 256(2)(d)(i) of the Act,

      • (ii) the day on which ownership is transferred as described in subparagraph 256(2)(d)(ii) of the Act, and

      • (iii) the day on which construction or substantial renovation of the complex is substantially completed; and

    • (b) two years before the day, if any, allowed by the Minister pursuant to paragraph 256(3)(b) of the Act in respect a rebate under section 256 of the Act in relation to the residential complex.

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