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Navigating GST/HST Audits on Property Sales: Exemptions, Challenges, and Strategies

  • The Canada Revenue Agency (CRA) has started conducting GST/HST audits on property sales.
  • The audits accuse taxpayers of building their own homes and selling them as part of a business.
  • The CRA claims that taxpayers are builders and not exempt from charging GST/HST on the sale of the home.
  • A GST/HST property sale audit is similar to an income tax property audit, with a questionnaire sent to the taxpayer.
  • New construction is normally subject to GST/HST, but there are exemptions for individuals building a home for personal use.
  • The CRA must first determine that the taxpayer is a builder in order to claim GST/HST should have been charged.
  • Taxpayers can fight the assessment by proving they are not builders or by meeting specific exemption rules.
  • Input tax credits can be used to lower the potential assessment if the taxpayer cannot prove primary residence occupancy.
  • The fair market value of the home at the time of construction completion can be argued as the basis for the GST/HST assessment.

Source: sdtaxlaw.ca

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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