- The Tax Court of Canada ruled in Osagie v. The King that a homeowner could claim a GST/HST new housing rebate without meeting all legislated conditions.
- The Court accepted that pandemic-related and personal circumstances “frustrated” the requirement for the homeowner or a relation to be the first occupant.
- This decision broadens the interpretation of “frustration” in GST/HST rebate cases, potentially making more home buyers and builders eligible for rebates.
- The ruling may influence the interpretation of other complex tax rules in the home building and renovation sectors.
- Legal advice is recommended due to the nuanced and evolving nature of rebate eligibility.
Source: taxandtradelaw.com
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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