Excise Tax Act — E-15 190
) a person makes a supply of a site in a residential trailer park of the person by way of lease, licence or similar arrangement and the supply is an exempt supply described by paragraph 7(b) of Part I of Schedule V, (b) the person at any time gives possession or occupancy of the site to the recipient of the supply under the arrangement, (c) none of the sites in the park were occupied immediately before that time under an arrangement for a supply referred to in paragraph (a), and (d) either (i) the last acquisition of the park by the person was not under an exempt supply described by section 5.3 of Part I of Schedule V and the person was not deemed (A) under this subsection to have made before that time, or (B) under subsection 200(2), 206(4) or 207(1) to have made at or immediately before that time a supply of land included in the park as a consequence of using the land for purposes of the park, or (ii) the person was entitled, after the park or land was last acquired or deemed to have been supplied by the person, to claim an input tax credit in respect of the acquisition thereof or an improvement thereto, the person shall, for the purposes of this Part, be deemed (e) to have made, immediately before that time, a taxable supply by way of sale of the park and to have collected, at that time, tax in respect of the supply calculated on the fair market value of the park at that time, and (f) to have received, at that time, a taxable supply by way of sale of the park and to have paid, at that time, tax in respect of the supply calculated on the fair market value of the park at that time. First use of additional area (5) Where (a) a person increases the area of land included in a residential trailer park of the person, (b) the person makes a supply of a site in the area of land by which the park was increased (in this subsection referred to as the “additional area”) by way of lease, licence or similar arrangement and the supply is an exempt supply described by paragraph 7(b) of Part I of Schedule V, (c) the person at any time gives possession or occupancy of the site to the recipient of the supply under the arrangement, (d) none of the sites in the additional area were occupied immediately before that time under an arrangement for a supply referred to in paragraph (b), and (e) either (i) the last acquisition of the additional area by the person was not under an exempt supply described by section 5.3 of Part I of Schedule V and the person was not deemed (A) under this section to have made before that time, or (B) under subsection 200(2), 206(4) or 207(1) to have made at or before that time a supply of the additional area as a consequence of using the additional area for purposes of the park, or (ii) the person was entitled, after the additional area was last acquired or deemed to have been supplied by the person, to claim an input tax credit in respect of the acquisition thereof or an improvement thereto, the person shall, for the purposes of this Part, be deemed (f) to have made, immediately before that time, a taxable supply by way of sale of the additional area and to have collected, at that time, tax in respect of the supply calculated on the fair market value of the additional area at that time, and (g) to have received, at that time, a taxable supply by way of sale of the additional area and to have paid, at that time, tax in respect of the supply calculated on the fair market value of the additional area at that time. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] 1990, c. 45, s. 12; 1993, c. 27, ss. 54, 204(F); 1997, c. 10, s. 36; 2000, c. 12, s. 113