HST - Harmonized Sales Tax Explained
This tax is called a Harmonized Sales Tax because it will effectively replace the 5% Federal Goods and Services Tax (GST) and the 8% Provincial Sales Tax (PST) thereby creating a combined 13% harmonized sales tax.
The HST will be very similar to the current GST, and as such it does not apply to the sale of resale residential properties. The new tax will apply to all real estate commissions, home inspection services and legal fees which were previously exempt from PST (8%).
The largest impact to the real estate industry will be in new construction, which will include all single family dwellings, semi-detached, condominiums and even mobile homes. The new tax will capture properties that have undergone substantial renovations, as well as vacant land. When purchasing a new home, be mindful of agreement clauses referencing taxes and specifically who is responsible for the payment of such taxes (provincial versus federal).
For properties that have undergone substantial renovation or new construction, the HST will not apply if the transaction closes before July 1, 2010 or the agreement of purchase & sale was dated prior to June 18, 2009 (even if it closes after June 30, 2010), this is effectively known as “grandfathering”. Be careful of any changes to an agreement of purchase & sale where the property is transferred after June 30, 2010 as it may invoke the HST.
In the case of new construction, if the possession and the ownership are transferred prior to July 1st, 2010 then provincial portion of the HST does not apply. If the possession or ownership of a new construction unit is transferred after June 30, 2010 then the provincial portion of the HST does apply, unless the transaction is grandfathered.
Other HST exemptions include anyone who enters into an agreement of purchase & sale before June 18, 2009 to close after June 30, 2010 and the purchaser assigns their interest via an agreement of purchase & sale to a new buyer (called the assignee). Then the assignee might not be responsible for HST, in most circumstances. However, any profit earned by the original purchaser may be subject to HST.
There are also transitional rules for the treatment of tax on real estate commissions based on the state of completion of the subject property. If the property is less than ten percent (10%) completed on July 1st, 2010 then HST will be payable on closing; if the property is greater than ten percent ( 10%) and less than ninety (90%) complete then HST will be based on the percentage of work completed; if more than ninety( 90%) completed then HST should not be payable.
It is important that you discuss your specific transaction with your real estate lawyer to ensure that any nuances or particulars are fully captured or addressed from the HST perspective. Please keep in mind that the tax is still subject to interpretation as revisions may still come forward prior to implementation.
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