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ARTICLE · 20 DECEMBER 2018

Important GST/HST Developments In Real Estate Transactions from 2018

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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In April 2018, Mr. Cheema filed an application to the Supreme Court of Canada for leave to appeal.

CanadaTax

Real estate transactions and related activities are subject to complex GST/HST rules and the Canada Revenue Agency (CRA) has been applying those rules to closely scrutinize transactions with a view to extract more revenue for the government coffers. Below we have highlighted key developments in the GST/HST jurisprudence that are noteworthy for professionals that deal with real property transactions and related activities.

Structuring as a joint venture may provide GST/HST savings

GST/HST on property management fees are generally an unrecoverable expense for residential landlords and other providers of GST/HST-exempt services (hospitals, universities, charities, etc.). In Medallion, the landlord and the property manager avoided the cost of unrecoverable GST/HST on their services by structuring their relationship as a joint venture.1

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