New Harmonized Value-added Tax System Regulations, No. 2

Marginal note:Rebate in Ontario

• 43 (1) If an individual is entitled to claim a rebate under subsection 254.1(2) of the Act, or to be paid or credited the amount of such a rebate under subsection 254.1(4) of the Act, in respect of a building or part of it in which a residential unit forming part of a residential complex in Ontario is situated, or would be so entitled if the fair market value of the complex, at the time possession of the complex is given to the individual under the agreement for the supply of the complex to the individual, were less than $508,500, for the purposes of subsection 256.21(1) of the Act, the individual is a prescribed person and the amount of the rebate in respect of the complex under that subsection is equal to the lesser of $24,000 and 5.31% of the total consideration (within the meaning of paragraph 254.1(2)(h) of the Act) in respect of the complex.

• Marginal note:Additional rebate in Ontario — first-time home buyer

  (1.1) For the purposes of subsection 256.21(1) of the Act, if an individual is entitled to claim a rebate under subsection 254.1(2.1) of the Act in respect of a residential complex situated in Ontario, the individual is a prescribed person and the amount of a rebate in respect of the residential complex under subsection 256.21(1) of the Act — in addition to the amount of any rebate payable under subsection 256.21(1) of the Act, the amount of which is determined under subsection (1), that the individual is entitled to claim in respect of the residential complex — is equal to

  • (a) if the fair market value of the residential complex, at the time possession of the residential complex is given to the individual under the agreement for the supply of the residential complex to the individual, is not more than $1,130,000, the amount determined by the formula

    A − B

    where

    A

    is the lesser of $80,000 and 7.08% of the total consideration (within the meaning of paragraph 254.1(2)(h) of the Act) in respect of the residential complex, and

    B

    is the amount of any rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection (1), that the individual is entitled to claim in respect of the residential complex; and

  • (b) if the fair market value referred to in paragraph (a) is more than $1,130,000 but less than $1,695,000, the amount determined by the formula

    (C × (($1,695,000 − D) ÷ $565,000)) − E

    where

    C

    is the lesser of $80,000 and 7.08% of the total consideration (within the meaning of paragraph 254.1(2)(h) of the Act) in respect of the residential complex,

    D

    is the fair market value, and

    E

    is the amount of any rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection (1), that the individual is entitled to claim in respect of the residential complex.

• (2) [Repealed, SOR/2012-191, s. 36]

• Marginal note:Application for rebate

  (3) For the purposes of subsection 256.21(2) of the Act, an application for a rebate, the amount of which is determined under subsection (1) or (1.1), must be filed within two years after the day on which possession of the residential complex is transferred to the individual.

• Marginal note:Application to builder

  (4) For the purposes of the application of subsection 256.21(3) of the Act in respect of a rebate in relation to a residential complex, the amount of which is determined under subsection (1) or (1.1),

  • (a) the builder of the complex is a prescribed person;

  • (b) an individual who is a prescribed person under subsection (1) or (1.1), as the case may be, in relation to the complex is an individual of a prescribed class; and

  • (c) the following circumstances are prescribed circumstances:

    • (i) the builder makes a supply of the complex to an individual under an agreement referred to in paragraph 254.1(2)(a) of the Act and transfers possession of the complex to the individual under the agreement,

    • (ii) the builder agrees to pay to, or to credit to or in favour of, the individual any rebate under subsection 256.21(1) of the Act, the amount of which is determined under subsection (1) or (1.1), as the case may be, that is payable to the individual in respect of the complex, and

    • (iii) the individual, within two years after the day on which possession of the complex is transferred to the individual under the agreement for the supply, submits an application, in accordance with subsection 256.21(3) of the Act, for the rebate.