Under the relevant provisions of the Excise Tax Act, when a person purchases a new residential complex with the intention of renting it, he is entitled to a rebate, commonly referred to as the “GST/HST New Residential Rental Property Rebate”.
Applicability of GST on the Sale of a New House (for Non-Builders and Builders)
In a recent decision of the Tax Court of Canada (“TCC”), the Court dismissed the taxpayer’s appeal of a GST assessment for uncollected GST on the sale of a new house.
Can Break Fees “Reasonably Be Considered” to Have Been Received as an Inducement? (Revisited)
The Federal Court of Appeal (“FCA”) recently released a judgment[1] dealing with the tax treatment of “commitment fees” and “non-completion fees” (also known as “break fees”). The style of cause refers to Glencore Canada Corporation (“Glencore”). Glencore is a successor to Falconbridge Limited (“Falconbridge”).
Alternative Basis or Argument, But Within Limits
When an appeal is instituted before the Tax Court of Canada, the Crown is not limited to the position the Canada Revenue Agency (“CRA”) took in support of the assessment.
You Have to Attend Your Own Appeal
A recent decision of the Tax Court of Canada deals with the situation of a husband who transferred money to his wife while having an outstanding tax debt balance. The CRA therefore went after the wife (the appellant in this case) to claim that money back.