New Residential Housing Transitional Rebate: Look at this Case

Posted on June 17, 2011 by Cyndee Todgham Cherniak

There aren't any cases yet on the new residential real property transitional rebates that were put into effect when Ontario and British Columbia implemented harmonized sales tax (HST).  I would like to share a recent case, Kearse v. the Queen, that deals with the transitional rebate when the GST rate was reduced from 7% to 6% on July 1, 2006.  It may be helpful.

Section 254 of the Excise Tax Act (Canada) provides for a rebate of GST on a new residence bought for occupation by the purchaser or a family member where the selling price of the residential complex is less than $450,000.00.  During transitions (changes to GST/HST rates and rules), the calculation of the rebate amount is complicated.

 

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