The federal government’s mini-budget announcement on October 30 included a further cut in the GST rate from 6% to 5%, effective on January 1, 2008. As with the reduction from 7% to 6% in 2006, the announcement includes special transitional rules for real estate sales. Navigating the transitional rules is likely to give real estate professionals a sense of déjà vu, as the rules and procedures are largely recycled from the last cut. This article briefly summarizes how the transitional rules work this time around for real estate transactions.

Sales of New Housing

Once again, a transitional rebate applies to sales of residential complexes that straddle the effective date of the rate cut. The following chart summarizes how the transitional rebates for the 2006 and 2008 rate cuts interact:

The foregoing rates are effectively reduced where the GST New Housing Rebate applies. The New Housing Rebate reduces the GST by 36% for new homes valued at less than $450,000 purchased for use as a principal residence. The builder is able to pay or credit the New Housing Rebate against tax owing by the purchaser. However, the transitional rebate requires the purchaser to file a claim directly with Canada Revenue Agency.

The form for the 2008 transitional rebate has not yet been released, but will likely be an update to the  GST193 form that applied for the 2006 transition.

Other Real Property Sales

Once again, the transitional rules for sales of real estate other than new residential housing are relatively straightforward, and can be summarized as follows:

Once again, the legislation will include anti-avoidance rules to prevent parties from rearranging their affairs to take advantage of the lower rate. Developers and other vendors should consult with their legal and tax advisors if they are considering amending existing sale contracts to push the completion date into 2008, as the anti-avoidance provisions may nullify the 1% GST reduction in these situations.

Just a reminder, you might able claim back 1 or 2% of the GST Transitional Rebate from Canada Revenue Agency, you will need:
 
-a copy of the original purchase and sale agreement
-statement of adjustments (from your lawyer)
-form GST190 or form GST524 (from your lawyer)
-builder consent agreement (if any)

If you need help to fill the form please contact me, i can help you fill it in.

Best Regards,

Ken Yeung