Current GST rules provide for a partial rebate of
GST on the purchase of a new home. When the Ontario HST was originally
announced, it was proposed that buyers would also be able to claim a
partial rebate of the 8% provincial portion of the HST for new homes
priced up to $500,000. The rebate for new primary residences under
$400,000 would be 6% of the purchase price, with the rebate amount reduced
for homes priced between $400,000 and $500,000.
The province has enhanced the new housing rebate as
follows:
All purchasers of new residential property will now
be eligible for the new housing rebate on the first $400,000 of the
purchase price. The rebate will be equal to the lesser of $24,000 or 6% of
the purchase price
New residential property purchased or built for
rental purposes will now be
eligible for the rebate. The rebate, where new
rental residential property is purchased, will be based on the per unit
value of the rental complex. If the landlord builds their own rental
property, then the value for rebate purposes will be the value established
under the self-supply rules.
Complex transitional rules have been issued for
transactions which straddle the July 1, 2010 implementation date. A
separate release will deal with the transitional issues.
If a written agreement of purchase and sale for a
newly constructed or substantially renovated home or rental home is
entered into after June 18, 2009 and before July 1, 2010, the builder is
required to disclose in the agreement whether the provincial portion of
the proposed single sales tax will apply and, if so, whether the stated
price in the agreement includes the provincial portion of the proposed
tax, net of the Ontario new housing rebate. If the transaction would be
subject to the provincial portion of the single sales tax and the builder
does not make this disclosure, the stated price in the written agreement
will be deemed to include the provincial portion of the new single tax.
Home builders should amend their sales contracts to
ensure that the impact of the provincial portion of the new single tax is
fully disclosed.