New Harmonized Value-added Tax System Regulations, No. 2 — 51
mount 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 complex is transferred to the recipient and the day possession of the complex 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 complex 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 complex 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 accordance with subsection 256.21(3) of the Act on the earlier of the day ownership of the complex is transferred to the recipient and the day possession of the complex is transferred to the recipient under the agreement. Self-assessment on acquisition of real property (9) If a particular individual is the recipient of a taxable supply by way of sale of a single unit residential complex (other than a floating home or a mobile home) from another person, tax under subsection 165(2) of the Act is payable in respect of the supply, no tax would have been payable under subsection 165(2) of the Act in respect of the supply if subsection (2) were read without reference to subparagraph (2)(d)(iii), subsection (3) were read without reference to paragraph (3)(e) or subsection (6) were read without reference to paragraph (6)(c), whichever is applicable in respect of the taxable supply, and the other person would, in the absence of this subsection, be required under section 221 of the Act to collect tax in respect of the supply, the following rules apply: (a) despite section 221 of the Act, the other person is not required to collect tax under subsection 165(2) of the Act in respect of the supply; (b) the particular individual shall, (i) if the particular individual is a registrant and acquired the complex for use or supply primarily in the course of commercial activities of the particular individual, on or before the day on or before which the particular individual’s return for the reporting period in which the tax became payable is required to be filed, pay the tax payable under subsection 165(2) of the Act in respect of the supply to the Receiver General and report that tax in that return, and (ii) in any other case, on or before the last day of the month following the calendar month in which the tax became payable, pay the tax payable under subsection 165(2) of the Act to the Receiver General and file with the Minister in prescribed manner a return in respect of the tax under subsection 165(2) of the Act in prescribed form containing prescribed information; and (c) subsection (8)