New Harmonized Value-added Tax System Regulations, No. 2 — 47
a) of Part I of Schedule V to the Act, the fair market value of the land at the time at which the person is deemed to have paid tax in respect of the taxable supply, and (ii) in the case of a supply of a site in a residential trailer park or in an addition to a residential trailer park, the fair market value, at the time at which the person is deemed to have paid the tax in respect of the taxable supply, of the park or addition, as the case may be, divided by the total number of sites in the park or addition, as the case may be, at that time. Application for rebate (11) For the purposes of subsection 256.21(2) of the Act, an application for a rebate, the amount of which is determined under this section, must be filed within two years after, (a) in the case of a rebate in respect of a residential unit the amount of which is determined under any of subsections (3) to (6), the end of the month in which tax first becomes payable by the person, or is deemed to have been paid by the person, in respect of the unit or interest in the unit or in respect of the residential complex or addition, or interest therein, in which the unit is situated, as the case may be; (b) in the case of a rebate the amount of which is determined under subsection (7) or (8), the end of the month in which the person makes the exempt supply referred to in that subsection; and (c) in the case of a rebate the amount of which is determined under subsection (9) or (10), the end of the month in which the person is deemed to have paid the tax referred to in that subsection. (11.1) [Repealed, SOR/2012-191, s. 40] Prescribed circumstances (12) The following circumstances are prescribed for the purposes of subsection 256.21(1) of the Act in respect of any rebate, the amount of which is determined under this section, to a person: (a) if the rebate is in respect of a taxable supply received by the person from another person, the person has paid all of the tax payable in respect of that supply; (b) if the rebate is in respect of a taxable supply in respect of which the person is deemed to have collected tax in a reporting period of the person, the person has reported the tax in the person’s return under Division V of Part IX of the Act for the reporting period and has remitted all net tax remittable, if any, as reported in that return; (c) no amount of tax included in determining the rebate would otherwise be included in determining a rebate of the person under section 256.1 of the Act or in determining a rebate of the person under section 256.21 of the Act, the amount of which is determined under any of sections 41 , 43 , 45 and 46 ; and (d) no amount of tax that would otherwise be included in determining the rebate is included in determining a rebate of the person under section 259 of the Act. Application of subsection 256.2(9) of Act (12.1) If, in the absence of this subsection, a rebate under subsection 256.21(1) of the Act in respect of real property would not be payable to a person only because all or part of the tax included in determining the amount of a particular rebate in respect of the real property under section 256.2 of the Act would otherwise be included in determining the amount of a rebate of the person under section 259 of the Act, for the purpose of applying this section in respect of the real property, the person is deemed to be entitled to claim the particular rebate. Restriction (12.2) If a person is entitled to include an amount of tax in determining, under this section, the amount of a particular rebate payable under subsection 256.21(1) of the Act in respect of real property and the person includes all or part of the amount of tax in determining the amount of a rebate of the person under section 259 of the Act that is claimed by the person at any time, for the purpose of applying section 256.21 of the Act in respect of the real property, the person is deemed to have never been entitled to include the amount of tax in determining the amount of the