New Harmonized Value-added Tax System Regulations, No. 2 — 52
on of the unit is substantially completed; (c) the original vendor of the unit and the first reseller deal with each other at arm’s length and are not associated with each other; (d) either (i) the first reseller is a builder of the unit that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in 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 first reseller to the particular person has been completed by a person other than the first reseller, or (ii) the first 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 (e) 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. First reseller — disclosure (4) If a first reseller makes a first 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 first resale pursuant to subsection (3), or no tax would have been payable under subsection 165(2) of the Act in respect of the first resale pursuant to subsection (3) if that subsection were read without reference to paragraph (3)(e), the first reseller shall indicate in writing to the particular person (a) the name of the original vendor of the unit; and (b) that the first 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 (1) or (2), as the case may be. Input tax credit — first reseller (5) If a particular person makes a particular taxable supply by way of sale of a residential condominium unit to another person under an agreement evidenced in writing, the particular person is the recipient of a previous supply of the unit in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (1) or (2) and tax under subsection 165(2) of the Act is payable in respect of the particular supply, for the purposes of determining an input tax credit of the particular person and for the purposes of section 54, the particular person is deemed to have received another taxable supply in respect of the unit and to have paid, at the time possession of the unit is transferred to the other person, tax in respect of the other supply equal to 2% of the consideration for the previous supply made to the particular person by the original vendor of the unit. Subsequent reseller (6) If a person (in this section referred to as the “subsequent reseller”) makes a taxable supply by way of sale (in this section referred to as the “subsequent resale”) of a residential condominium unit to a particular person under an agreement evidenced in writing and the subsequent reseller is the recipient of a previous supply of the unit in respect of which no tax is payable under subsection 165(2) of the Act pursuant to subsection (3) or this subsection, no tax is payable under subsection 165(2) of the Act in respect of the subsequent resale if the following conditions are satisfied: (a) the subsequent reseller acquires the unit primarily for the purpose of making a taxable supply by way of sale of the unit; (b) either (i) the subsequent reseller is a builder of the unit that is described in paragraphs (b) and (d) of the definition builder in subsection 123(1) of the Act but not in 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 subseq