A corporation purchased a condo as an investment property. For the first 9 years, it rented the condo under long-term leases. However, for the last 14 months, it offered the condo through the Airbnb platform under short-term leases. The corporation was later assessed by the CRA for failing to collect the GST/HST on the sale of the condo.
The New Residential Rental Property Rebate – When Do We Start Counting for the One-Year Occupancy Requirement?
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.