Excise Tax Act — E-15 123
s, and (iv) all amounts (other than input tax credits and amounts referred to in subparagraphs (i) and (ii)) in respect of tax referred to in subparagraphs (iv) and (v) of the description of J that the person would have been entitled to recover by way of rebate, refund, remission or otherwise under this or any other Act or law if that tax had been payable and the property or improvement had been acquired for use exclusively in activities that are not commercial activities, and L is lesser of 1 and the fraction Q/R where Q is the fair market value of the property at the particular time, and R is the total of (i) the value of the property determined under subsection 220.05(1), 220.06(1) or 220.07(3), as the case may require, at the time the property was brought into the participating province, and (ii) where the person acquired or imported improvements to the property after the property was brought into the participating province, the total of all amounts each of which is the value of the consideration for a supply to the person of such an improvement or, where such an improvement is property that was imported or brought into a participating province by the person, the value of the improvement determined under section 215 or subsection 220.05(1), 220.06(1) or 220.07(3), as the case may require; ( teneur en taxe ) builder of a residential complex or of an addition to a multiple unit residential complex means a person who (a) at a time when the person has an interest in the real property on which the complex is situated, carries on or engages another person to carry on for the person (i) in the case of an addition to a multiple unit residential complex, the construction of the addition to the multiple unit residential complex, and (ii) [Repealed, 2014, c. 39, s. 92] (iii) in any other case, the construction or substantial renovation of the complex, (b) acquires an interest in the complex at a time when (i) in the case of an addition to a multiple unit residential complex, the addition is under construction, and (ii) in any other case, the complex is under construction or substantial renovation, (c) in the case of a mobile home or floating home, makes a supply of the home before the home has been used or occupied by any individual as a place of residence, (d) acquires an interest in the complex (i) in the case of a condominium complex or residential condominium unit, at a time when the complex is not registered as a condominium, or (ii) in any case, before it has been occupied by an individual as a place of residence or lodging, for the primary purpose of (iii) making one or more supplies of the complex or parts thereof or interests therein by way of sale, or (iv) making one or more supplies of the complex or parts thereof by way of lease, licence or similar arrangement to persons other than to individuals who are acquiring the complex or parts otherwise than in the course of a business or an adventure or concern in the nature of trade, or (e) in any case, is deemed under subsection 190(1) to be a builder of the complex, but does not include (f) an individual described in paragraph (a), (b) or (d) who (i) carries on the construction or substantial renovation, (ii) engages another person to carry on the construction or substantial renovation for the individual, or (iii) acquires the complex or interest in it, otherwise than in the course of a business or an adventure or concern in the nature of trade, (g) an individual described in paragraph (c) who makes a supply of the mobile home or floating home otherwise than in the course of a business or an adventure or concern in the nature of trade, or (h) a person described in any of paragraphs (a) to (c) whose only interest in the complex is a right to purchase the complex or an interest in it from a builder of the complex; ( constructeur ) business includes a profession, calling, trade, manufacture or undertaking of any kind whatever, whether the activity or undertaking is engaged in for