
The Department of Finance has released on September 14, 2023, a backgrounder providing information on the Canadian federal government’s announcement that it will enhance the GST Rental Rebate for new rental housing. New rental housing projects will be eligible for the enhanced GST Rental Rebate that commences between September 14, 2023, and December 31, 2030, provided that construction is completed by December 31, 2035.
1. Previous Rebate
For GST/HST returns for periods prior to
September 2023, a New Residential Rental Property Rebate was available in
respect of the paid GST, or the federal component of the paid HST, by a rental
property landlord upon their purchase of the property from the builder. When
the supply is deemed a self-supply of rental property, the GST should be
self-assessed by the landlord-builder. The residential unit qualifies when it costs
less than $450,000, and subject to the following conditions:
§ A person, other
than the builder, is the recipient of a taxable supply by way of sale of a
residential complex or an interest in residential complex, or
§ A builder of a
residential complex or in addition to a multiple-unit residential complex makes
an exempt supply by way of lease that results in a deemed self-supply to the
builder
§ The person is
not a cooperative housing corporation;
§ The property is
a qualifying residential unit of the person or includes one or more qualifying
residential units of the person; and
§ The person is
not entitled to include the tax in respect of the purchase from the supplier or
the self-assessed tax in the case of a builder when determining ITCs.
This rebate was calculated as the lesser amount of $6,300 and 36% of the total GST paid, or self-assessed, when there was only one unit purchased, or the proportion of the total GST paid, or self-assessed, corresponding to the particular unit’s percentage of total floor space when there was a multiple unit residential complex. The previous rebate, however, was phased out by the following formula where the fair market value of a unit is more than $350,000 but less than $450,000, which limited the GST relief available to builders:

Where
|
- R is
Rebate for long-term residential rental property |
|
- A is
the lesser of $6,300 or 36% of the total tax paid or self-assessed as
calculated above |
|
- B is the fair market value of the unit |
Numerical example
A qualifying residential unit of a rental complex with the following facts:
- The complex has 60 equal-sized units.
- The complex was built for $10,000,000.
- Paid GST of $500,000.
|
A is the lesser of $6,300 or 36% of: |
36%×$500,000×(1/60)=$3,000 |
B is the fair market value of the unit
$10,000,000× 1/60≈$166,666.67
Therefore,
R=(A×($450,000-B))/$100,000
R=($3,000×($450,000-$166,666.67))/$100,000
R≈$8,500
The person claiming the new residential rental
property rebate will have to repay the rebate with interest if the unit is sold
within one year after it is first occupied as a place of residence after its construction
or after the last substantial renovation of the unit was substantially
completed and the purchaser is not buying the unit for his or her use as a
primary place of residence or for a relation of the purchaser.
RC4231(E) Rev. 20 “GST/HST New Residential Rental Property Rebate” and GST/HST Technical Information Bulletin B-087 “GST/HST New Residential Rental Property Rebate” provide more information for landlords of new residential rental properties on the new residential rental property rebate.
2. Implemented Changes
The implemented enhancement increased the GST
rebate from 36% to 100%, and removed the phase-out mechanism for qualifying
rental housing units. The change provided residential housing builders with
additional incentive to construct more rental units.
New rental housing developments, including
projects carried-out by public service bodies (PSBs), which meet the
requirements for the previous rebate and have at least four (4) private
apartment units or ten (10) private rooms or suites, with at least 90% of the
residential units designated as long-term rentals, are also eligible for the
enhanced rebate. Apartment complexes, office building conversions to
residential complexes, student housing developments, and senior residences
designed for long-term rental accommodation are a few examples of projects that
are eligible for the enhanced housing rebate.
The building of individually owned condominium
units, single-unit homes, duplexes, triplexes, housing cooperatives, or owned
homes located on leased land or residential trailer park sites will not be
eligible for the enhanced rebate. GST paid reported in GST/HST returns for
periods prior to September 2023, however, would still be eligible for the
previous rebate. Additionally, as these projects usually remove the
under-renovated units from the market, the enhanced rebate will not be
applicable to building projects intended to significantly renovate existing
residential property.
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