Real Property (GST/HST) Regulations

Marginal note:Prescribed conditions

• 4 (1) For the purposes of subsection 256.2(3.1) of the Act, the following are prescribed conditions:

  • (a) in the case of a taxable supply described in paragraph 256.2(3.1)(a) of the Act,

    • (i) the taxable supply is a supply of an addition to a multiple unit residential complex, or

    • (ii) the taxable supply is a supply of a residential complex, or an interest in a residential complex, and is not an excluded renovated housing supply of the residential complex; and

  • (b) in the case of a taxable supply described in paragraph 256.2(3.1)(b) of the Act, the property that is converted for use as the residential complex was, on September 13, 2023,

    • (i) in existence,

    • (ii) not in the process of being constructed, and

    • (iii) not being used as a residential complex.

• Marginal note:Prescribed property — residential complex

  (2) For the purposes of subsection 256.2(3.1) of the Act, in respect of a taxable supply received by a person that is a purchase from the supplier (within the meaning of subparagraph 256.2(3)(a)(i) of the Act) of a residential complex or an interest in a residential complex or that is a deemed purchase (within the meaning of subparagraph 256.2(3)(a)(ii) of the Act) of a residential complex, the residential complex or interest, as the case may be, is prescribed property if the residential complex is a multiple unit residential complex and the following conditions are met:

  • (a) the multiple unit residential complex includes

    • (i) four or more residential units and at least four of those units each contains private kitchen facilities, a private bath and a private living area, or

    • (ii) 10 or more residential units; and

  • (b) all or substantially all of the residential units that form part of the multiple unit residential complex are, at the particular time referred to in paragraph 256.2(3)(b) of the Act, qualifying residential units of the person that are held by the person for an eligible purpose.

• Marginal note:Prescribed property — addition

  (3) For the purposes of subsection 256.2(3.1) of the Act, in respect of a taxable supply received by a person that is a deemed purchase (within the meaning of subparagraph 256.2(3)(a)(ii) of the Act) of an addition to a multiple unit residential complex, the addition is prescribed property if the following conditions are met:

  • (a) the addition includes

    • (i) four or more residential units and at least four of those units each contains private kitchen facilities, a private bath and a private living area, or

    • (ii) 10 or more residential units;

  • (b) all or substantially all of the residential units that form part of the addition are, at the particular time referred to in paragraph 256.2(3)(b) of the Act, qualifying residential units of the person that are held by the person for an eligible purpose; and

  • (c) all or substantially all of the residential units that form part of the multiple unit residential complex and the addition combined are held by the person at the particular time for an eligible purpose.