Generic filters
Exact matches only
Search in title
Search in excerpt
Search in content
Filter by Practice Category
Business Setup & Contracts
Commercial & Business Transactions
Land Assembly & Real Estate Development
Litigation
Mortgage and Loan Enforcement
Mortgage Syndication
Private Mortgage Closings & Administration
Real Estate Closings & Property Law
Wills, Estates & Tax
Filter by Practice Industry Category
Business & Finance
Estates & Tax
Litigation
Real Estate

HST on Real Estate

Builders must always include in the agreement of purchase and sale if HST or the provincial component is included or not in the purchase price, otherwise the builder pays.

Will the 13% HST Apply on: Closed Before July 1, 2010 Closed On or After July 1, 2010 Notes
New Residential Property 5% GST only. Even if it’s a Condo and occupancy occurred prior to July 1, 2010 but final closing did not. Yes, unless agreement of purchase and sale was accepted prior to June 19, 2009. Or Condo Occupancy occurred prior to July 1, 2010. Builders must always include in the agreement of purchase and sale if HST or the provincial component is included or not in the purchase price, otherwise the builder pays. In order to accommodate the purchasers and their final mortgage amounts, builders will often include the GST and PST rebates in the purchase price. However, that would require the purchaser to be eligible and qualify such that the property being purchased is the primary place of residence, and the purchaser or a relation of his/her (by marriage, adoption, common law, siblings, parents, children and grandchildren) will move in within the first 9 months of closing. Otherwise the potential rebates will be charged back to the purchaser on closing. The purchaser will then have to apply separately for the rebates depending on which they qualify for (e.g. primary residence or rental property)
Substantially Renovated Residential Property 5% GST only Yes Substantially renovated is defined by CRA to be when roughly 90% of the interior of a building (excluding the foundation, external walls, internal supporting walls, roof, floors and staircases) has been removed or replaced.
Resale Residential Property including Apartment Buildings or Multi-Unit Housing None None If mixed use, HST will be payable on the percentage proportion that is commercial.
Vacant Land for Residential Personal Use None None  
Resale Vacation or Cottage Homes None if personally used for 50% of the time owned or more. Otherwise, if rented, then yes. None if personally used for 50% of the time owned or more. Otherwise, if rented, then yes.  
New or Resale Commercial Property 5% GST only Yes, regardless of when the agreement of purchase and sale was signed. If the Buyer is an HST/GST registrant (has an HST number or GST number) then the buyer can undertake to “self assess” and therefore no HST will be payable on closing.
Vacant Land from Farming or Commercial Use 5% GST only Yes Certain exemptions apply and if sold as part of a business, the Buyer can “self assess” as an HST/GST registrant.
Real Estate Commissions 5% GST only Yes If a sale contract was entered into and at least 90% of the services were performed prior to July 1, 2010 then only the 5% GST will apply.
Mortgage Brokerage Fees None as it is considered a financial service exempt from sales taxes None as it is considered a financial service exempt from sales taxes  
Residential Rent None also exempt None also exempt  
Commercial Rent 5% GST only (can be reduced by payer’s Input Tax Credits (ITCs)) Yes (can be reduced by payer’s Input Tax Credits (ITCs)) N/A
Residential Condo Maintenance Fees 5% GST only (can be reduced by payer’s Input Tax Credits (ITCs)) Residential Condo Maintenance Fees N/A
Building Materials, Trades, Contractors and Renovation Services % GST on services, 5% GST plus 8% PST on most products    

Articles