New Harmonized Value-added Tax System Regulations, No. 2 — 52
n paragraphs (a), (c) and (e) of that definition and all or substantially all of the construction of the unit, or all or substantially all of the last substantial renovation of the unit and any subsequent construction or renovation, as the case may be, that is completed at the earlier of the time ownership of the unit is transferred and the time possession of the unit is transferred by the subsequent reseller to the particular individual has been completed by a person other than the subsequent reseller, or (ii) the subsequent reseller is a builder of the unit that is described only in paragraph (d) of the definition builder in subsection 123(1) of the Act; and (c) neither the original vendor of the unit nor any person that does not deal at arm’s length with, or that is associated with, the original vendor acquires an interest in the unit. Subsequent reseller — disclosure (7) If a subsequent reseller makes a subsequent resale of a residential condominium unit to a particular person and no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (6), or no tax would have been payable under subsection 165(2) of the Act in respect of the subsequent resale pursuant to subsection (6) if that subsection were read without reference to paragraph (6)(c), the subsequent reseller shall indicate in writing to the particular person (a) the name of the original vendor of the unit; and (b) that the subsequent reseller was the recipient of a previous supply of the unit in respect of which no tax was payable under subsection 165(2) of the Act pursuant to subsection (3) or (6), as the case may be. Agreement not indicating tax (8) If (a) a first reseller or a subsequent reseller of a residential condominium unit makes a taxable supply by way of sale of the unit in a specified province under an agreement of purchase and sale, (b) tax under subsection 165(2) of the Act becomes payable in respect of the taxable supply, (c) the agreement does not indicate in writing (i) the total tax payable in respect of the supply in a manner that clearly indicates the amount of that total and whether or not that amount takes into account any amount to be paid or credited in accordance with subsection 254(4) or 256.21(3) of the Act, and (ii) the total of the rates at which tax is payable in respect of the supply, and (d) the first reseller or subsequent reseller, as the case may be, is required under section 221 of the Act to collect tax in respect of the supply, the following rules apply: (e) for the purposes of Part IX of the Act the consideration for the supply is deemed to be the amount determined by the formula (100%/A) × B where A is the total of 100% and the rate at which tax under subsection 165(2) of the Act is calculated in respect of the supply, and B is the consideration for the supply as otherwise determined under Part IX of the Act, (f) for the purposes of Part IX of the Act, the first reseller or subsequent reseller, as the case may be, is deemed to have collected, and the recipient is deemed to have paid, on the earlier of the day ownership of the unit is transferred to the recipient and the day possession of the unit is transferred to the recipient under the agreement, tax under subsection 165(2) of the Act calculated on the consideration for the supply, and (g) for the purposes of Part IX of the Act, if the recipient is entitled to claim a rebate under subsection 254(2) of the Act in respect of the unit and the first reseller or subsequent reseller, as the case may be, pays to, or credits to or in favour of, the recipient the amount of the rebate under that subsection, the recipient is deemed to be entitled to claim a rebate in respect of the unit under subsection 256.21(1) of the Act, the amount of which is determined under subsection 41 (2) or (3) and the first reseller or subsequent reseller, as the case may be, is deemed to have credited in favour of the recipient the amount of that rebate in