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

Marginal note:Definitions

• 55 (1) The following definitions apply in this Division.

  estimated provincial levy

  prélèvement provincial estimé

  estimated provincial levy, in respect of a rebate in relation to a specified residential complex or a specified single unit residential complex means

  • (a) if, in an application filed for the rebate, the amount applied for is not based on the fair market value of the complex or the consideration for the supply of the complex, the amount determined by the formula

    A × B

    where

    A

    is

    • (i) if the complex is not a residential condominium unit, the number of square metres of the interior floor space of the complex, and

    • (ii) if the complex is a residential condominium unit, the total of

      • (A) the number of square metres of the interior floor space of the unit, and

      • (B) the amount equal to the total number of square metres of interior floor space of the common areas of the condominium complex in which the unit is situated multiplied by the fraction obtained by dividing the number of square metres of interior floor space of the unit by the total number of square metres of interior floor space of all condominium units in the condominium complex, and

    B

    is

    • (i) if the complex is situated in Ontario, $45, or

    • (ii) if the complex is situated in British Columbia, $60; and

  • (b) in any other case, the amount determined by the formula

    A × 2%

    where

    A

    is

    • (i) in the case where a builder of the complex was deemed under section 191 of the Act to have collected, at any time, tax in respect of the complex and the rebate is a rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection 56(4) or 57(4), that is payable to the builder in respect of the complex, the fair market value of the complex at that time,

    • (ii) in the case where tax was deemed under subparagraph 52(1)(e) to have been collected in respect of a supply of the complex and the rebate is a rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection 57(4), that is payable to the builder of the complex, the consideration for the supply,

    • (iii) in the case of a complex that is a residential condominium unit, if tax was deemed under subparagraph 53(1)(e) to have been collected in respect of a supply of the condominium complex in which the unit is situated and the rebate is a rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection 57(4), that is payable to the builder of the complex, the portion of the consideration for the supply that is attributable to that unit,

    • (iv) in the case of a rebate under subsection 256.21(1) of the Act, in respect of which subparagraph (i) does not apply and the amount of which is determined under subsection 56(4), that is payable to an individual in respect of the complex, the consideration for the supply by way of sale of the complex to the individual, or

    • (v) in the case of a rebate under subsection 256.21(1) of the Act, in respect of which subparagraphs (i) to (iii) do not apply and the amount of which is determined under subsection 57(4), that is payable to a builder in respect of the complex, the consideration for the supply by way of sale of the complex by the builder. (prélèvement provincial estimé)

  specified residential complex

  immeuble d’habitation déterminé

  specified residential complex means

  • (a) a multiple unit residential complex (other than a multiple unit residential complex referred to in the definition single unit residential complex in subsection 254(1) of the Act) or an addition to a multiple unit residential complex, if the construction or last substantial renovation of the complex or addition began before July 1, 2010 and subsection 191(3) or (4) of the Act, as the case may be, did not apply, and would not have applied, in the absence of subsections 191(5) to (7) of the Act, after the day on which the construction or last substantial renovation began and before July 1, 2010, to deem a supply of the complex or addition to have been made; or

  • (b) a residential condominium unit in a condominium complex where the construction or last substantial renovation of the condominium complex began before July 1, 2010 and neither subsection 191(1) nor (2) of the Act applied, and would not have applied, in the absence of subsections 191(5) to (7) of the Act, after the construction or last substantial renovation began and before July 1, 2010, to deem a supply of the unit to have been made. (immeuble d’habitation déterminé)

  specified single unit residential complex

  immeuble d’habitation à logement unique déterminé

  specified single unit residential complex means a residential complex, other than a floating home or a mobile home,

  • (a) that is a single unit residential complex (within the meaning of subsection 254(1) of the Act);

  • (b) the construction or last substantial renovation of which began before July 1, 2010; and

  • (c) that was not occupied by any individual as a place of residence or lodging after the construction or last substantial renovation began and before July 1, 2010. (immeuble d’habitation à logement unique déterminé)

• Marginal note:Interior floor space

  (2) Subject to subsection (3), for the purposes of this Division, the interior floor space of a complex or unit includes the width of its enclosing walls that are not adjacent to any other complex or unit and half of the width of its enclosing walls that are adjacent to another complex or unit.

• Marginal note:Interior floor space

  (3) The interior floor space of a complex and of the common areas of a condominium complex does not include

  • (a) storage rooms, attics and basements, unless finished to a standard comparable to the living areas of the complex

    • (i) by the builder that supplies the complex to the person entitled to claim a rebate in respect of the complex, the amount of which is determined under this Division, or by any previous builder of the complex, if the complex is a specified single unit residential complex, and

    • (ii) by a builder of the complex, in any other case;

  • (b) parking areas; and

  • (c) areas set aside for the placement of equipment for the heating or cooling of, or the supply of water, gas or electricity to, the complex or the condominium complex.