RC4028(E) Rev. 09
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This guide is for you if you built or bought a new or substantially renovated house, including a condominium unit and a mobile home, or you bought a share of the capital stock of a co operative housing corporation. This guide is also for you if you built a major addition to your existing house or if you converted a non residential property into your house. If there is more than one owner, all of the owners must be individuals. An individual cannot claim a goods and services tax/harmonized sales tax (GST/HST) new housing rebate if a partnership or corporation also owns the house.
This guide is not for you if you are a member of a partnership and the partnership built or bought the house, even if all partners are individuals. Partnerships and corporations are not entitled to claim the new housing rebate.
Rental properties — If you bought or built a house or other building that you intend to lease to individuals as a place of residence, see Guide RC4231, GST/HST New Residential Rental Property Rebate, to determine if you qualify for that rebate rather than the new housing rebate.
In Quebec, Revenu Québec administers the GST/HST. If you are filing a Type 1A or Type 1B rebate on a Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder, and the physical address of the builder is in Quebec, contact Revenu Québec at 1-800-567-4692. For all other rebate types, if the physical address of the claimant is in Quebec, contact Revenu Québec.
Effective January 1, 2008, the GST rate was reduced from 6% to 5%, and the HST rate from 14% to 13%.
In certain cases, GST at 6% or 7% or HST at 14% or 15% will apply to the purchase of a new house even where ownership and possession are transferred after December 31, 2007. In this case, you may be entitled to claim a transitional rebate. For more information, see "GST/HST transitional rebate."
This section explains some of the terms used in this guide and on the application forms. Not every term applies to every rebate claim, but understanding the terms that apply in your situation will help you to determine your eligibility and to complete your rebate application.
Builder — For the purpose of the new housing rebate, a builder is a person who is in the business of constructing or substantially renovating houses for sale. The house may be on land owned or leased by that builder. The term builder may also include the following:
For rebate purposes, a person you hire to provide construction services on land you lease or own is not considered to be a builder. For example, a contractor you hire to build your new house, or to substantially renovate your existing house, is not normally considered to be the builder for rebate purposes.
Condominium unit — A condominium unit (an apartment unit or a townhouse, for example) is a unit for use as a place of residence that is, or is intended to be, a bounded space in a building designated or described as a separate unit on a registered condominium or strata lot plan or description (or similar plan or description registered under provincial law). A condominium unit includes any interest in the common areas as well as any interest in land pertaining to ownership of the unit.
Co-operative housing corporation — A co-operative housing corporation (co-op) is established to provide a residential unit to its members by way of lease, licence, or similar arrangement for occupancy as a place of residence. A co-op operates at or near cost and at least 90% of its members are individuals or other co-ops that have only one vote in the affairs of the co-op.
Duplex — A duplex is a building that contains two residential units under one legal title (separate legal title does not exist for the individual units). This includes a single-family house that has a separate apartment for rent.
Fair market value — If you build or substantially renovate your own house, or buy a house on leased land, the fair market value is the amount that a willing buyer would pay to a willing seller for the house, including the land. The fair market value of a house should be comparable to the value of similar houses in the local real estate market. Fair market value does not include provincial land transfer taxes or the GST/HST payable on the fair market value of the house.
Floating home — A floating home is a structure that is made up of a floating platform and a building that is permanently affixed to the floating platform and that is designed to be occupied as a place of residence for individuals. A floating home does not include any freestanding appliances or furniture sold with the structure, and it cannot be readily adapted for self-propulsion (it is not a house-boat or pleasure craft).
House — Generally, in this guide and the forms, house includes a detached or semi-detached house, a condominium unit, a townhouse, a unit in a co-operative housing corporation, a mobile or modular home, a floating home, or a duplex. It may also include nearby buildings such as a detached garage or shed, plus the land around and underneath them all, up to half a hectare (1.23 acres) or more in some cases (for example, when a municipality imposes a minimum lot size or where excess land is necessary to access public roads) that is reasonably necessary for the use and enjoyment of the house as a place of residence.
It may also include a bed and breakfast, a hotel, a motel, an inn, a boarding or lodging house, or similar structures where rooms are rented for short term accommodation to the public. To be eligible for a new housing rebate in these cases, the building has to be used more than 50% as a place of residence by you or a relation, either individually or in combination. If 50% or less of the house that includes the bed and breakfast is used as your primary place of residence, or that of a relation, only the part that is the primary place of residence will be eligible for the new housing rebate.
Major addition — The addition should at least double the size of the liveable areas of your existing house, which is absorbed into the new one. An example would be adding a full second story to an existing bungalow. Along with doubling the size, the changes to the existing house and use of its rooms after construction should be so great that the existing house no longer exists.
The construction of a porch, sunroom, family room, or bedroom by itself is not considered to result in a newly built house.
Mobile home — A mobile home is a building, the manufacture and assembly of which is completed or substantially completed, that is equipped with complete plumbing, electrical, and heating facilities. It is designed to be moved to a site for installation on a foundation and connection to service facilities, and to be occupied as a place of residence. The definition includes a modular home but it does not include travel trailers, motor homes, camping trailers, or other vehicles or trailers designed and used for recreational purposes. A mobile home does not include any freestanding appliances or furniture sold with the structure.
Modular home — A modular home is a factory built house or building intended for residential occupancy made up of modules, with three walls and a roof or ceiling. The home has to be equipped with complete plumbing, electrical, and heating facilities, and designed to be moved to a site for installation on a foundation and to be connected to service facilities, and used as a place of residence. In addition, the modules are to be in as finished a condition as possible before leaving the manufacturer’s premises, considering that they must be transported. A modular home does not include any freestanding appliances or furniture sold with the structure.
A modular home is considered to be a mobile home for purposes of the new housing rebate.
Possession — For GST/HST purposes, possession generally means you hold, control, or occupy the property, that is, you pay property taxes, have the right to alter the land, take control of entry or access, or pay insurance coverage.
Primary place of residence — Primary place of residence means a house, owned jointly or otherwise, that is intended to be inhabited by an individual on a permanent basis. The intention to use the residence as a primary place of residence must be evident at the outset of acquiring, constructing, or substantially renovating the residence. Although an individual may build or acquire a new house in Canada, if his or her primary place of residence remains outside Canada, then the house in Canada would be a secondary place of residence and not qualify for the new housing rebate. A person may have more than one place of residence, but is considered to have only one primary place of residence. For purposes of the new housing rebate, a person who has more than one place of residence should consider some of the following factors as to whether the residence may qualify as the primary place of residence:
This means that you cannot claim a new housing rebate for an investment property or a recreational cottage that is not your primary place of residence.
Proof of occupancy — Proof of occupancy is the documentation that proves you occupy a new house. This proof could be:
Purchase price — The purchase price is the total amount paid for a new house less the GST/HST payable. If the new housing rebate was transferred to the builder and is included in the total amount paid, the amount of the rebate must be added to the total amount to determine the purchase price. It does not include land transfer taxes or any provincial sales tax that may be payable.
Relation — A relation means an individual related to you by blood, marriage, common law partnership, or adoption within the meaning of the Income Tax Act. Blood relation is limited to parents, children, or other descendants or siblings. Marriage relation includes your spouse or a person who is connected to your spouse by blood or adoption. A relation can also be your former spouse, or a former common law partner.
Residential trailer park — A residential trailer park is a trailer park that includes at least two sites where the following two conditions have been met:
A residential trailer park also includes any buildings, fixtures, and appurtenances to the park that are reasonably necessary for the use and enjoyment of the sites or for the operation of the park. If a person has two or more trailer parks that are located right beside each other, the sites in all of the trailer parks are considered under the conditions above, and where the conditions are met, the trailer parks are considered to be one residential trailer park.
Substantial completion — Substantial completion generally means that construction or substantial renovation of a house is at a stage where you can reasonably inhabit the premises. Minor repairs, adjustments, or outstanding upgrades are not considered to impair the use and enjoyment of the house as a place of residence.
Substantial renovation — Major changes have to be made to meet the definition of a substantial renovation. In a major renovation project, the interior of a building is essentially gutted. This type of renovation project qualifies as a substantial renovation. Generally, 90% or more of the interior of an existing house is the minimum that has to be removed or replaced to qualify as a substantial renovation (90% test).
Trailer park of a person means a piece of land the person owns or leases and that is only composed of:
The new housing rebate is a rebate available to individuals who built or bought a new house. This rebate allows you to recover a part of the goods and services tax (GST) or the federal part of the harmonized sales tax (HST) that you paid on the purchase price or cost of building a new house. If your house is located in Nova Scotia, you may qualify for an additional rebate.
Depending on when you and the builder entered into your purchase and sale agreement for a new house, you may also be entitled to claim a 2006 transitional rebate, a 2008 transitional rebate, or both, if your purchase is subject to GST at 6% or 7% or HST at 14% or 15%. For more information, see "GST/HST transitional rebate."
These types of housing qualify for the rebate:
If you renovated your house or built an addition to your existing house, see "Substantial renovation, major addition, and conversion" to determine if the work you have done is extensive enough to consider your house as new.
Note
In this guide, the term house is used to include many different types of housing. See "Definitions" to find out what is meant by this term, as used in this guide.
You cannot claim the new housing rebate if the house is not intended to be the primary place of residence for you or a relation. This means that you cannot claim the rebate for the purchase or construction of a cottage or an investment property.
However, you may qualify for the 2006 transitional rebate, the 2008 transitional rebate, or both rebates on the purchase of such a house. These transitional rebates apply to the purchase of all types of residential housing that are subject to GST at 6% or 7% or HST at 14% or 15%, depending on when you and the builder entered into the purchase agreement. For more information, see "GST/HST transitional rebate."
If you built a new house, substantially renovated your house, built a major addition when you renovated your existing house, or converted a non-residential property into your house, you have to complete two forms:
See "Owner-built houses" for more information on the conditions for claiming the rebate, the documents you have to send us, and the deadline for filing your rebate form. See "How to complete Form GST191-WS" and "How to complete Form GST191" for line-by-line instructions on how to complete these forms.
If you bought a new or substantially renovated house from a builder or if you bought a share in a co-op, you have to complete Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder. For more information on the conditions for claiming the rebate, the documents you have to send us, and the deadline for filing your rebate form, see "Houses bought from a builder." For the line-by-line instructions on how to complete this form, see "How to complete Form GST190."
If you bought a new mobile home, you can claim the rebate using either:
For more information on mobile homes, see "Modular home, mobile home, and floating home".
As an individual, you can claim the rebate if you meet all of the following conditions:
If two or more individuals construct or substantially renovate, or engage another person to construct or substantially renovate, a house, each of the individuals must meet all of the eligibility conditions, listed above, for a new housing rebate to be available. However, only one of the individuals may apply for the rebate (that is, only one can be the claimant).
Note
If the fair market value of your substantially completed house is $450,000 or more, you may still be eligible for a rebate if your house is located in Nova Scotia. However, this rebate is available for new house construction only and not for a substantial renovation or conversion. For more information, see "Nova Scotia rebate."
If you make an exempt sale of the house and transfer the ownership before you, or anyone else, occupied it, you may be eligible to claim a new housing rebate if you intended that the house would be the primary place of residence for you or a relation and all of the other conditions, discussed above, are met.
Generally your sale of a house will be exempt if you are not a builder of the house and you did not claim any input tax credits (ITCs) for the GST/HST payable on costs incurred to build or substantially renovate the house. If you are a builder, your sale of a house may be exempt if you previously accounted for the GST/HST on the fair market value of the house and you did not claim an ITC for the amount of that tax. For more information on exempt sales of housing, see GST/HST Memoranda 19.2.1, Residential Real Property - Sales.
Form GST191-WS, Construction Summary Worksheet. You have to complete this form first. It will help you determine the amount of GST/HST you paid during the construction and it will help determine if you qualify for the rebate.
Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses. You have to complete this form to calculate your rebate amount.
Send both forms to:
Summerside Tax Centre
275 Pope Road
Summerside PE C1N 6A2
The Summerside Tax Centre processes all owner-built new housing rebate claims from across Canada, except for new housing located in Quebec.
If your new house is located in Quebec, visit the Revenu Québec Web site or call 1-800- 567-4692 to find out how to claim a GST/HST new housing rebate and where to send your application.
In addition to the two forms, you have to send us proof of occupancy. Send us a copy of one of the following documents (photocopies are acceptable):
You also have to send us a copy of all invoices you received from vendors who did not charge you the GST/HST. Do not send us the other invoices.
We may not accept your rebate application if the documents requested to support your claim are not included with your application. In this case, we will return the application to you and ask you to resubmit your application with the required documentation.
Keep a copy of the completed forms. You also have to keep all your original invoices and the other documents you used to complete the forms for six years and, if requested, make them available to us for audit.
Only original invoices in the name of the claimant or the co-owners are acceptable. We do not accept photocopies, credit card or interac slips, or account statements, without the original invoices. We do not accept estimates or quotes as proof. If we ask you to send your invoices to us, we will return them.
Because all claims are subject to audit, you may experience a delay of up to six months before receiving your payment. In addition, the processing of your claim may be delayed or your rebate denied if the forms are not completed in full, the rebate calculation is incorrect, or if the documents requested are not submitted with your application.
If you have questions about the status or processing of your claim, call us at 1-800-565-9353.
The following three situations will help you determine which filing deadline applies to you.
In this situation, you can apply for the rebate after the house is occupied.
Enter your base date for your filing deadline in Section B of Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses. In this situation, your base date is the date the construction or the substantial renovation is substantially completed.
You have up to two years after your base date to claim the rebate. Include in your calculation the GST/HST paid from the beginning of the construction or substantial renovation to the date you file your rebate application. If you paid GST/HST to buy the land, you can include the amount of that GST/HST as long as it is paid by the date you file your application, even if you paid it before you began construction.
Example - House occupied after substantial completion of construction
Hassan started building his house in September 2007. The house is substantially completed on April 30, 2008, and he moves in on May 31, 2008. According to the rule in Situation 1, the earliest that he can apply for the rebate is May 31, 2008. However, his base date is April 30, 2008. Hasan enters April 30, 2008, in Section B of Form GST191, GST/HST New Housing Rebate Application for Owner Built Houses. This means that he has until April 30, 2010, to claim the rebate for a part of the GST/HST paid from the beginning of the construction to the date he files the application.
In this situation, you can apply for the rebate after the house is sold.
Enter your base date for your filing deadline in Section B of Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses.
In this situation, your base date is the earlier of the following two dates:
You have up to two years after your base date to claim the rebate. Include in your calculation the GST/HST paid from the beginning of the construction or substantial renovation to the date you file your rebate application, including any GST/HST you paid to buy the land, even if you paid it before you began construction.
In this situation, you can apply for the rebate after the construction or substantial renovation is substantially completed.
Enter your base date for your filing deadline in Section B of Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses. In this situation, your base date is the earlier of the following two dates:
You have up to two years after your base date to claim the rebate.
Include in your calculation the GST/HST paid from the beginning of the construction or substantial renovation to the date you file your rebate application, including any GST/HST you paid to buy the land, even if you paid it before you began production.
However, do not include in your rebate calculation any GST/HST that became payable more than two years after the day you or a relation first occupied the house after the construction or substantial renovation began.
Example - House occupied before substantial completion of construction
France and Tony started building their house in March 2006. They moved in on June 30, 2007. Construction was substantially completed on November 20, 2007. The earliest date to file the rebate application is November 20, 2007.
France or Tony enters November 20, 2007, in Section B of Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses, as the base date, which is the earliest of the following dates:
This means that France or Tony has until November 20, 2009, to claim the rebate. However, any GST/HST that became payable after June 30, 2009, cannot be included in the rebate calculation.
Late-filed rebate applications
If, due to extraordinary circumstances, you were prevented from filing your rebate application for an owner-built home by the applicable deadline, we may consider a request to accept your late-filed rebate application. Such extraordinary circumstances may include: natural or human made disasters, such as a flood or fire; civil disturbances or disruptions in services, such as a postal strike; serious illness or accident; or serious emotional or mental distress. We will also consider a request to accept a late-filed owner- built home rebate application where the delay resulted primarily from our actions, for example if we provided you with inaccurate information. For more information about the circumstances under which we will consider a late-filed rebate application, call us at 1-800-959-5525.
Note
This applies only for owner built homes. It does not apply if you purchased a house from a builder.
You have to complete and submit Form GST191-WS, Construction Summary Worksheet with your rebate application.
As all claims are subject to audit, make sure this worksheet is completed in full to avoid a delay in processing your claim or having it denied.
You have to complete this section. In the box "Claimant's last name", enter the last name of the owner of the house. If several individuals own the house, enter one name only and it should be identical to the one that you will enter on Form GST191. We will issue the rebate cheque in the name of this individual only.
To avoid processing delays, be sure to attach proof of occupancy to the form. For information on proof of occupancy, see "Documents you have to send us".
Certain parts of this section have to be completed. For example, enter the construction start and end dates, the dimensions of the new construction, substantial renovation, or major addition, and the fair market value. Complete the other parts (such as the description of the substantial renovation or major addition) only if they apply to you.
Note
You are not eligible to claim a new housing rebate for a major addition unless you also renovate your existing house and the work is so extensive that your entire house is viewed as a newly built home. For more information, see "Substantial renovation, major addition, and conversion."
This section lists the goods and services that qualify for the rebate. Certain expenses do not qualify. A number of these are listed at the bottom of page 2 of the form.
In Section C, you have to enter details from the construction invoices for each good or service eligible for the rebate, whether or not GST/HST was charged. Do not enter details from quotes or estimates.
For each good or service eligible for the rebate, enter the vendor's name, the vendor's Business Number (the nine-digit number often called the GST/HST number), the invoice date, and the invoice number. If an invoice does not identify the vendor's Business Number, complete the line, but do not enter anything in the column "Vendor's Business Number." Use a tick mark to indicate whether the invoice is for labour only (column L), materials only (column M), or for both labour and materials (column L&M). You also have to enter the total amount of the invoice.
The last six columns are used to identify the amount of GST paid at 5%, 6%, and 7% and the HST paid at 13%, 14%, and 15%. Include only amounts that you actually paid. For example, do not include amounts that were refunded to you.
Note
The HST is the tax paid in the three participating provinces (Nova Scotia, New Brunswick, and Newfoundland and Labrador). You pay HST if you buy goods and services in those provinces.
The following information will help you complete Section C:
Use "Others" to enter the information on items that are not listed in the worksheet.
If you have several invoices from the same vendor, you may add up all the invoices from that vendor and record the information on one line. In that case, do not enter anything in the column "Invoice number." The column "Invoice date" should indicate the date of the first invoice from that vendor. Give a brief description of the goods or services purchased from that vendor, the total amount of the invoices (including GST/HST), and the total amount of GST/HST paid.
If you purchased land, record it as a separate item on line 1. Record the name of the person or company that previously owned the land, not the lawyer's name. Record any legal fees paid for the land on line 37.
Follow the instructions at the bottom of page 4 of Form GST191-WS to determine the amount of tax paid that you will use to calculate your rebate amount on Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses.
You are now ready to complete Form GST191 to calculate your rebate amount.
You have to file Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses to claim the new housing rebate.
You can only apply for the new housing rebate once for each house using a single application form . You cannot file another rebate application for additional work, or extras done on your house.
Only one individual can apply for the rebate, even if there is more than one owner of a house. For example, if a husband and wife build a new house, only one name (either the husband's or the wife's) should appear as the claimant on the application form. The name of the other spouse should appear as the co-owner.
You have to complete sections A, B, C, E, and F of Form GST191. Be sure that each individual who constructed or substantially renovated the house, or engaged another person to do so, meets all of the eligibility conditions for claiming the rebate. If you are paid a rebate amount to which you are not entitled, you are required to repay it to us.
If your house is located in Nova Scotia, you also have to complete section D if you want to claim the Nova Scotia rebate.
You have to complete this section. Only one individual can claim the rebate, even if more than one individual owns the house.
If several individuals own the house, enter one name as the claimant on the first line, and then the name(s) of the other co-owner(s) on the second line. The rebate cheque will be issued in the name of the claimant only.
Example
Lisa and David built a new house. In the box "Claimant's last name", Lisa enters her last name. David's name appears on the second line as the co-owner. The rebate cheque will be issued in the name of Lisa.
You have to complete this section.
You can have only one primary place of residence. For information, see the definition of "primary place of residence."
The base date for your filing deadline that you have to enter will depend on your situation. To determine your base date, see situation 1, 2, or 3, under "Filing deadline."
Tick the boxes that apply to your type of construction and type of housing.
You have to complete this section if your house is located in Nova Scotia and you want to claim the Nova Scotia rebate.
Answer all of the questions (answer No if the question does not apply). If you answer Yes to any of the questions, you have been an owner-occupant in the last five years and are generally not eligible for the Nova Scotia rebate. For more information, see "Nova Scotia rebate."
Report on line A the amount from line A on the bottom of page 4 of Form GST191-WS. This amount represents the total amount of GST you paid at the rate of 5%.
Report on line B the amount from line B on the bottom of page 4 of Form GST191-WS. This amount represents the total amount of GST you paid at the rate of 6%.
Report on line C the amount from line C on the bottom of page 4 of Form GST191-WS. This amount represents the total amount of GST you paid at the rate of 7%.
Report on line D the amount from line D on the bottom of page 4 of Form GST191-WS. This amount represents the federal part of HST you paid at the rate of 13%.
Report on line E the amount from line E on the bottom of page 4 of Form GST191-WS. This amount represents the federal part of HST you paid at the rate of 14%.
Report on line F the amount from line F on the bottom of page 4 of Form GST191-WS. This amount represents the federal part of HST you paid at the rate of 15%.
Add lines A, B, C, D, E, and F and enter the result on line G.
Multiply line G by 36% and enter the result on line H.
Go directly to line P if one of the following situations applies to you:
If not, this means that you paid GST and/or HST at different rates. This would be the case if, for example, you paid 7% GST on the land and 5% GST on the construction materials. If this is your situation, you have to do the calculations on lines I through O.
Add lines B and E and enter the result on line I.
Divide line I by line G and enter the result on line J. Unlike the other calculations, this result is not a dollar amount. It is a fraction that should start with "0" followed by a period if you paid GST and/or HST at different rates. It would equal 1 if you paid GST/HST at one rate. Enter only the first four digits following the period.
Multiply the fraction you have on line J by $1,260 and enter the result on line K.
Add lines C and F and enter the result on line L.
Divide line L by line G and enter the result on line M. Unlike the other calculations, this result is not a dollar amount. It is a fraction that should start with "0" followed by a period if you paid GST and/or HST at different rates. It would equal 1 if you paid GST/HST at one rate. Enter only the first four digits following the period.
Multiply the fraction you have on line M by $2,520 and enter the result on line N.
Add lines K and N. Then add $6,300 to that result. Enter the total of all three amounts on line O.
Complete line P according to the following situation that applies to you (only one situation will apply):
Situation 1: If almost all of the tax you paid on your purchases was at the rate of 5% GST and/or 13% HST, enter $6,300 on line P and go to line Q. In this case, almost all means 90% or more. If this situation does not apply to you, go to situation 2.
Situation 2: If almost all of the tax you paid on your purchases was at the rate of 6% GST and/or 14% HST, enter $7,560 on line P and go to line Q. In this case, almost all means 90% or more. If this situation does not apply to you, go to situation 3.
Situation 3: If you only paid tax at the rate of 7% GST and/or 15% HST on all of your purchases, enter $8,750 on line P and go to line Q. If this situation does not apply to you, go to situation 4.
Situation 4: In any other case, enter on line P the lesser of $8,750 or the amount from line O.
Enter on line Q the lesser of the following amounts:
Enter on line R the fair market value of the house (building, land, and other buildings such as a detached garage or shed, that are reasonably necessary for the use and enjoyment of the house as a place of residence) at the time the construction or substantial renovation was substantially completed. This amount should be the same as the amount you entered in section B of Form GST191-WS.
You may want to get a professional appraisal to support your rebate claim if the fair market value of your house is close to, or more than, $350,000. Include the house and land but do not include provincial land transfer taxes in determining the fair market value. We may ask for information to support your appraisal.
For a mobile home or floating home, enter the fair market value of the home and, where applicable, the land at the earlier of the day:
If the amount on line R is $350,000 or less, enter the amount from line Q.
If the amount on line R is $450,000 or more, enter "0," since no rebate is available.
If the amount on line R is more than $350,000, but less than $450,000, do the calculation and enter the result on line S. Your rebate is reduced when the fair market value is between $350,001 and $449,999.
The amount calculated for line S is the amount of your new housing rebate. If you are eligible for the Nova Scotia rebate, see the next section.
You may be also eligible to claim the Nova Scotia rebate, if you built, or had another person build, your house in Nova Scotia and you are eligible to claim a GST/HST new housing rebate, or you would be eligible to claim a GST/HST new housing rebate if line R was less than $450,000. To find out if you are eligible to claim the Nova Scotia rebate, see "Nova Scotia rebate" and complete Section D of Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses.
The Nova Scotia rebate is not available for a substantial renovation or a conversion.
If you are eligible to claim the Nova Scotia rebate, complete line T by doing the calculations for lines a through d (next to line T). If not, enter “0” on line T and go to line U.
If you have an amount in box 4 on page 4 of Form GST191-WS, do the calculation for line a. The result of the calculation gives you the provincial part of the 13% HST you paid.
If you have an amount in box 5 on page 4 of Form GST191-WS, do the calculation for line b. The result of the calculation gives you the provincial part of the 14% HST you paid.
If you have an amount in box 6 on page 4 of Form GST191-WS, do the calculation for line c. The result of the calculation gives you the provincial part of the 15% HST you paid.
Add lines a, b, and c and enter the result on line d. This amount represents the total amount of the provincial part of HST you paid on the construction of your house.
Multiply line d by 18.75% and enter the result on line T, to a maximum of $1,500.
If you have been an owner-occupant in the last five years, you do not qualify for the Nova Scotia rebate. For more information, see "Nova Scotia rebate".
Add line S and T. This is the total amount you are claiming for the GST/HST new housing rebate and the Nova Scotia rebate.
You have to sign your rebate application. If another person signs the application on your behalf, he or she must have a power of attorney to do so and you have to include a copy of the power of attorney with the application.
You may be entitled to claim the GST/HST new housing rebate if you:
If you qualify, you have to complete Form GST191-WS, Construction Summary Worksheet and Form GST191, GST/HST New Housing Rebate for Owner-Built Houses.
The following information will help you determine if the construction work you did to your house is extensive enough to consider your house as new. However, you still have to meet all of the other eligibility conditions to be entitled to the new housing rebate. See "Owner-built houses" for all of these conditions.
If a house has been substantially renovated, it is generally treated as a newly built house.
However, major changes have to be made to meet the definition of a substantial renovation. In a major renovation project, the interior of a building is essentially gutted. This type of renovation project qualifies as a substantial renovation. Generally, 90% or more of the interior of an existing house is the minimum that has to be removed or replaced to qualify as a substantial renovation (90% test).
You do not have to remove or replace the foundation, exterior and interior supporting walls, roof, floors, and staircases to meet the 90% test. If you do remove or replace any of these during a substantial renovation, the GST/HST paid for doing this or for the removal or replacement is also eligible for the rebate.
Any fair and reasonable method can be used to determine if you meet the 90% test. For example, comparing the square footage of the renovated areas to the total floor space of the house is an acceptable measure of the 90% test. You can also compare the square footage of floor and wall space of the areas renovated to the total floor and wall space of the house.
Only liveable areas count toward a substantial renovation. This would include the main floor living areas and finished basements and attics. Liveable areas do not include garages or crawl spaces, which are not considered when meeting the 90% test. Work done to partially complete a basement but not make it a liveable basement does not count toward the 90% test. However, if all or part of an unfinished basement was renovated into a liveable area, this area would be taken into account in applying the 90% test.
A renovation of your basement, or adding a garage or a deck to your existing house, by itself would not meet the definition of a substantial renovation and you would not qualify for the new housing rebate.
An addition to a house is not considered to be a substantial renovation, as it is the existing house that must be renovated. For example, if a 2,000 square foot bungalow is being renovated and a 300 square foot addition is added, the 90% test does not consider the addition. However, if the renovation of the 2,000 square foot bungalow is found to be a substantial renovation, the GST/HST paid on the addition is also eligible for the rebate.
You may qualify for the new housing rebate when you build an addition to your house, along with the renovation of the existing house. The work must be so great that the result is viewed as a newly built house.
The addition should at least double the size of the liveable areas of your existing house, which is absorbed into the new one. An example would be adding a full second story to an existing bungalow. Along with doubling the size, the changes to the existing house and use of its rooms after construction should be so great that the existing house ceases to exist.
The construction of a porch, sunroom, family room, or bedroom by itself is not considered to result in a newly built house.
When you convert a property from non residential into a house, it is considered a substantial renovation, regardless of how much work, if any, is actually done. You then qualify for the new housing rebate for a part of the GST/HST paid on the cost of the conversion if you meet all of the other conditions for claiming the rebate.
If you buy a building that was used by a person for non residential purposes and the building will be used as your, or your relation’s, primary place of residence, the new housing rebate is available for a part of any GST/HST paid on the purchase and other improvements made to convert the building if you meet all of the other conditions for claiming the rebate.
If you held or used the building as capital property in your business, and the building will be used as your residence, you have to pay GST/HST to us, calculated on the fair market value of the property. If you meet all of the conditions for the new housing rebate, you can include the GST/HST that you paid to us in your rebate calculation.
If you paid GST/HST when you first bought the building to hold or use as capital property in your business and you were not entitled to claim an ITC for all or part of the GST/HST you paid on the purchase or on any improvements you made to the building before you began to use it as your residence, you may be entitled to claim an ITC or a rebate. For more information, contact us at 1-800-959-8287.
For more information on substantial renovation, major additions, and conversion, see Technical Information Bulletin B-092, Substantial Renovations and the GST/HST New Housing Rebate.
You may be eligible to claim the new housing rebate if you purchased a new or substantially renovated house from a builder, including a condominium unit, or a share of the capital stock of a co-op.
If two or more individuals purchase a house or a share of the capital stock of a co op, each of the individuals must meet all of the eligibility conditions. However, only one of the individuals may apply for the rebate (that is, only one may be the claimant). The eligibility conditions for each of the rebate application types are discussed in the following sections.
To claim the rebate, you have to complete Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder.
When you buy a house from a builder, the builder may pay the amount of the rebate directly to you or credit the amount against the total amount payable for the house so that you do not have to apply to us directly and wait to receive your rebate.
If you and the builder agree that the builder will pay or credit you with the amount of the rebate, and the builder does so, you have to fully complete and sign Form GST190, however you do not send us this form directly. Rather, the builder has to send us your rebate application. You may not file any other rebate application directly with us for this house.
Note for builders
Builders must send us the rebate application with their GST/HST return for the reporting period in which the amount of the rebate was paid or credited to the buyer. Builders should not confuse this filing deadline for the rebate application with the four year deadline for claiming input tax credits or the two year deadline for buyers to claim the rebate.
A builder who pays or credits you with the amount of the rebate has to make sure that you meet all of the eligibility conditions, listed in the following sections, for the rebate before they pay or credit you with the amount. For example, is the house intended to be, on purchase, the primary place of residence for you or a relation?
Keep a copy of the completed rebate application form. You also have to keep the original documents used to complete the form (such as a copy of the purchase and sale agreement) for six years and, upon request, make them available to us for audit.
There are five application types in Section C of Form GST190, GST/HST New Housing Rebate Application for Houses Purchased from a Builder. Each type has its own eligibility requirements and filing deadline.
Note
If you bought a mobile home, a modular home, or a floating home, see "Modular home, mobile home, and floating home" for more information on which application type to use.
You will complete your rebate application using one of the following application types, as follows:
Note
Depending on when you and the builder entered into your agreement to buy your house and when you took both ownership and possession, you may be entitled to a GST/HST transitional rebate due to the reduction in the GST/HST rates. For eligibility information, see "GST/HST transitional rebate."
As an individual, you are eligible to claim the rebate if you meet all of the following conditions:
Note
If the purchase price is $450,000 or more, you may still be eligible for a rebate if your house is located in Nova Scotia. For more information, see "Nova Scotia rebate". You may also be eligible for a transitional rebate depending on when you and the builder entered into your agreement to buy your house and when you took both ownership and possession of the house. For eligibility information, see "GST/HST transitional rebate."
Use Application Type 1A if you and the builder agree that the builder will pay or credit you with the amount of the rebate and the builder does so. In this case, you may not file a rebate application directly with us for this house.
Use Application Type 2 if the builder does not pay or credit you with the amount of the rebate. In this case, you file your rebate application directly with us. You can only base your claim on the GST/HST paid on the house, land, and related services bought from the builder under one written agreement. If you hired a contractor to build a house on land you own, see "Owner-built houses". The contractor cannot pay or credit you with the amount of the rebate if it is an owner built house.
If you bought a mobile home or a floating home from a builder and other items that you did not buy from the builder (for example, land or improvements to the mobile home or floating home), see "Modular home, mobile home, and floating home" for more information on which application type to use.
If the builder does not pay or credit you with the amount of the rebate, you have to file your rebate claim directly with us. In this case you have up to two years from the date ownership was transferred to you to claim your rebate.
Generally, if the builder pays or credits you with the amount of the rebate, you will either sign the application form in the presence of the builder or you can sign the application form in the presence of your lawyer who will send the signed application form to the builder. This is usually done around the time of the closing date for your purchase.
If this does not happen, you have up to two years after the day ownership of the house is transferred to you to get the application form to the builder and have the builder pay or credit you with the amount of the rebate. In any case, if the builder paid or credited the amount of the rebate to you, the builder has to send the rebate application form to us.
For GST/HST purposes, ownership generally refers to the legal ownership (that is, titled ownership) to the property that is transferred to you on the closing of the sale.
If the builder pays or credits you with the amount of the rebate, you do not have to send us any documents. The builder will send us the rebate application.
If the builder does not pay or credit you with the amount of the rebate, you have to send us the following documents:
We may not accept your rebate application if the documents requested to support your claim are not filed with your application. In this case, we will return the application to you and ask you to refile it with the required documentation.
As an individual, you are eligible to claim the rebate if you meet all of the following conditions:
Note
If the fair market value of the house including the land exceeds the maximum (either $472,500, $477,000, or $481,500, as the case may be), you may still be eligible for a rebate if your house is located in Nova Scotia. For more information, see "Nova Scotia rebate."
You may also be eligible for the transitional rebate depending on when you entered into the agreement with the builder, when you took possession of the house and the rate of GST/HST the builder had to pay on the fair market value of the house. For more information, see "GST/HST transitional rebate."
Use Application Type 1B, if you and the builder agree that the builder will pay or credit you with the amount of the rebate and the builder does so. In this case, you may not file a rebate application directly with us for this house.
Use Application Type 5 if the builder does not pay or credit you with the amount of the rebate. In this case, you file your rebate application with us.
If the builder does not pay or credit you with the amount of your rebate, you have to file your rebate claim directly with us. In this case, you have up to two years from the date possession was transferred to you to claim your rebate.
Generally, if the builder pays or credits you with the amount of the rebate, you will either sign the application form in the presence of the builder or you may sign the application form in the presence of your lawyer who will send the signed application form to the builder. This is usually done around the time of the closing date for your purchase.
If this does not happen, you have up to two years after the day possession of the house is transferred to you to get the application form to the builder and have the builder pay or credit you the rebate. In any case, if the builder pays or credits the amount of the rebate to you, the builder has to send the rebate application form to us.
For GST/HST purposes, the date of possession generally means the day you can hold, control, or occupies the property — that is, you start to pay property taxes, have the right to alter the land, take control of entry or access, or pay insurance coverage.
If the builder pays or credits you with the amount of the rebate, you do not have to send us any documents. The builder will send us the application.
If the builder does not pay or credit you with the amount of the rebate, you have to send us the following documents:
We may not accept your rebate application if the documents requested to support your claim are not filed with your application. In this case, we will return the application to you and ask you to refile it with the required documentation.
As an individual, if you buy a share of the capital stock of a co-operative housing corporation (co-op), you are eligible to claim the rebate if you meet all of the following conditions:
Note
If you pay more than the maximum (either $472,500, $477,000, or $481,500, as the case may be), for the share, you may still be eligible for a rebate if the building is located in Nova Scotia. For more information, see the section "Nova Scotia rebate."
Use Application Type 3 to file your rebate application with us. The co-op cannot pay or credit you with the amount of the rebate.
You have up to two years from the date ownership of the share was transferred to you to claim your rebate.
You have to send us the following documents:
We may not accept your rebate application if the documents requested to support your claim are not filed with your application. In this case, we will return the application to you and ask you to refile it with the required documentation.
To claim the GST/HST new housing rebate, you have to file Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder.
You can only apply for the GST/HST new housing rebate once for each house using one application form. You cannot make another rebate application for additional work or extras done on your house.
Only one individual can apply for the rebate, even if there is more than one owner of a house. For example, if a couple buys a new house, only the name of one spouse can appear as the claimant on the application form. The name of the other spouse should appear as the co-owner.
You have to complete sections A, B, C, E, and G of Form GST190. Be sure that you meet the conditions for your application type. If you are paid a rebate amount that you are not entitled to, you are required to repay it to us.
If your house is located in Nova Scotia, you also have to complete section F if you want to claim the Nova Scotia rebate.
When you buy your new or substantially renovated house from a builder, the builder must complete Section D of the form. If your builder pays or credits you with the amount of the rebate, he/she has to ensure that you are entitled to the rebate before the amount of the rebate is paid or credited. Both you and the builder are liable to repay any overpaid amount.
You have to complete this section. Only one individual can claim the rebate, even if more than one individual owns the house.
If several individuals own the house, enter one name as the claimant on the first line, and then the name(s) of the other co-owner(s) on the second line. If the builder does not pay or credit you with the amount of the rebate, the cheque will be issued in the name of the claimant only as it appears in Section A.
Example
Lisa and David built a new house. In the box "Claimant's last name," Lisa enters her last name. David's name appears on the second line as the co-owner. The rebate cheque will be issued in the name of Lisa.
To avoid processing delays, be sure to attach proof of occupancy to the form. For more information on proof of occupancy, see "Documents you have to send us."
You have to complete this section. You can have only one primary place of residence. For information, see the definition primary place of residence.
Tick the box that applies to your type of housing. After you decide which application type is appropriate, choose it from the list of five and tick the appropriate box.
The builder has to complete and sign this section if your application type is 1A, 1B, 2, or 5.
Every claimant has to complete this section. You have to sign your rebate application even if the builder pays or credits the amount of the rebate directly to you. If you have agreed that the builder or some other person will sign the application for you, he or she must have a power of attorney to do so. You have to include a copy of the power of attorney with the application.
You have to complete this section if your house is located in Nova Scotia and you want to claim the Nova Scotia rebate.
Answer all of the questions (answer no if the question does not apply). If you answer yes to any of the questions, you have been an owner-occupant in the last five years and are generally not eligible for the Nova Scotia rebate. For more information, see "Nova Scotia rebate".
Calculate your rebate using the instructions in either Part I, II, or III of this section, depending on your application type in Section C.
Line A
HST is the tax you pay in the three participating provinces (Nova Scotia, New Brunswick, and Newfoundland and Labrador). For example, if you buy a new house in New Brunswick from a builder, you will pay HST. To determine the federal part of the HST (the amount of tax on which the new housing rebate is calculated), you have to do the applicable one of the following calculations:
If your house is not located in a participating province, you did not pay the HST. Do not enter any amount on line A.
Line B
Enter the total GST paid on line B. For example, if you buy a new house in Ontario from a builder, enter the GST paid on line B.
If your house is located in a participating province and you paid HST, do not enter any amount on line B.
Line D
Enter the purchase price of the house (including a mobile home or floating home) paid to the builder. Do not include GST or HST.
Line E
Do the applicable one of the following three calculations and enter the result on line E:
For example, if you buy a new house on which you have paid 6% GST and you enter $14,000 on line B, enter 36% of that amount, which is $5,040, on line E. If the amount you enter is $26,000 on line B, 36% of that is $9,360. In this case, you can only enter $7,560 on line E, which is the maximum amount for that line.
Line F
Follow these steps to determine the amount for line F:
The amount calculated for line F is the amount of your new housing rebate. If you are eligible to claim a transitional rebate, you will need this amount to calculate it. For more information, see "GST/HST transitional rebate". If your house is located in Nova Scotia, continue to line G.
Line G - Nova Scotia rebate
You may be also eligible to claim the Nova Scotia rebate, if you paid HST on a house (including a modular, mobile, or floating home) to use in Nova Scotia as your or your relative’s primary place of residence and you are eligible to claim a GST/HST new housing rebate, or you would be eligible, if line D were less than $450,000. To find out if you are eligible to claim this rebate, see "Nova Scotia rebate" and complete Section F of Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder.
Note
If you have been an owner-occupant in the last five years, you generally do not qualify for the Nova Scotia rebate.
If you are eligible for the Nova Scotia rebate, do the calculation for line G and enter the result on that line, to a maximum of $1,500.
Total rebate amount including the Nova Scotia rebate
Add line F to line G.
If your Application Type is 1B or 5, use Part II to calculate your rebate.
Line H
Enter the total amount you paid to the builder for your house (the building only, since the land is leased).
Line I
Enter the fair market value of the house at the time you are given possession. Even though you are leasing the land, the fair market value has to include the value of the land, the building, and any other buildings such as a detached garage or shed, that are reasonably necessary for the use and enjoyment of the house as a place of residence. Exclude from the determination of the fair market value, any provincial land transfer taxes and the GST/HST that would be payable on the fair market value.
Line J
Do the applicable one of the following three calculations and enter the result on line J:
Calculation 1
Use calculation 1 if possession of the house was transferred to you after December 31, 2007, under an agreement you entered into after October 30, 2007, and the builder had to self-assess the tax at the rate of 5% or 13%, multiply the amount from line H by 1.71%. The maximum amount you can enter on line J is $6,300.
Calculation 2
Use calculation 2 if the builder had to self assess the tax at the rate of 6% or 14%, and possession of the house was transferred to you either:
If calculation 2 applies to you, multiply the amount from line H by 2.04%. The maximum amount you can enter on line J is $7,560.
Calculation 3
In any other situation, multiply the amount from line H by 2.34%. The maximum amount you can enter on line J is $8,750.
Line K
Use the applicable one of the following to complete line K:
If calculation 1 applied to you for completing line J, follow these steps:
If calculation 2 applied to you for completing line J, follow these steps:
If calculation 3 applied to you for completing line J, follow these steps:
The amount calculated for line K is the amount of your new housing rebate. If you are eligible to claim a transitional rebate, you will need this amount to calculate it. For more information, see "GST/HST transitional rebate". If your house is located in Nova Scotia, continue to line L.
Line L - Nova Scotia rebate
You may be also eligible to claim the Nova Scotia rebate, if your house is located in Nova Scotia and you are eligible to claim a GST/HST new housing rebate, or you would be eligible, if line I was less than:
To find out if you are eligible to claim this rebate, see "Nova Scotia rebate" and complete Section F of Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder.
Note
If you have been an owner-occupant in the last five years, you generally do not qualify for the Nova Scotia rebate.
If you are eligible to claim the Nova Scotia rebate, do the calculation for line L and enter the result on that line, to a maximum of $1,500.
Total rebate amount including the Nova Scotia rebate
Add line K to line L.
If your Application Type is 3, use Part III to calculate your rebate when you buy a share of the capital stock of a co-op.
Line M
Enter the total amount you paid for the share of the capital stock in the co-op.
Line N
Do the applicable one of the following calculations:
Line O
Use the applicable one of the following to complete line O:
If the co-op paid 5% GST or 13% HST, follow these steps:
If the co-op paid 6% GST or 14% HST, follow these steps:
If the co-op paid 7% GST or 15% HST, follow these steps:
The amount calculated for line O is the amount of your new housing rebate. If your house is located in Nova Scotia, continue to line P.
Line P - Nova Scotia rebate
You may be also eligible to claim the Nova Scotia rebate, if the unit in the co op is located in Nova Scotia and you are eligible to claim a GST/HST new housing rebate, or you would be eligible, if line M was less than:
To find out if you are eligible to claim this rebate, see "Nova Scotia rebate" and complete Section F of Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder.
Note
If you have been an owner-occupant in the last five years, you generally do not qualify for the Nova Scotia rebate.
If you are eligible to claim the Nova Scotia rebate, do the calculation for line P and enter the result on that line, to a maximum of $1,500.
Total rebate amount including the Nova Scotia rebate
Add line O to line P.
A modular home is considered a mobile home for purposes of the GST/HST new housing rebate. Read this guide as if the modular home were a mobile home.
A builder includes the manufacturer, distributor, or retailer of your mobile or floating home, and is commonly referred to as a dealer. Qualifying land is the land on which the mobile home sits and the surrounding land that is reasonably necessary for its use and enjoyment as a place of residence (generally half a hectare, 1.23 acres, or less).
If you bought a new or a substantially renovated mobile or floating home, you can apply for a rebate yourself or through the builder. Remember that you can only complete one rebate application. You have to determine which option is the best for you:
If two or more individuals buy a mobile home or a floating home, each of the individuals must meet all of the applicable eligibility conditions, discussed in the following sections, for a new housing rebate to be available. However, only one of the individuals can apply for the rebate (that is, only one can be the claimant).
If you decide to get the amount of the rebate for your new or substantially renovated mobile home directly from the dealer, complete Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder. In this case, you may be able to use either Application Type 1A or 1B. For more information on which application type to use to complete Form GST190, see the information on application types below.
Where the builder is paying or crediting you with the amount of the rebate, use Application Type 1A if:
Where the builder is paying or crediting you with the amount of the rebate, use Application Type 1B if:
If the land is a site in a residential trailer park, do not use Application Type 1B. Use 1A instead. In the case of a floating home, use Application Type 1A.
If you choose Option 1, you can claim a rebate only on items that the dealer sold you. If the dealer also sells you qualifying land under the same written agreement for the purchase of your home, he or she can pay or credit you with the amount of the rebate for the GST/HST you paid on the land, as well as on the expenses you have paid to the dealer to improve the land (e.g., building a foundation, adding a driveway, well or septic system, or landscaping).
Option 1 is not to your advantage if you paid GST/HST to someone other than the dealer for the land or any improvements made to the land, or if you paid GST/HST on other qualifying items not purchased from the dealer. In this case, see option 3.
If you decide to get the rebate for your new or substantially renovated mobile home directly from us, complete Form GST190, GST/HST New Housing Rebate Application for Houses Purchased From a Builder. In this case, you may be able to use either Application Type 2 or 5. For more information on which application type to use to complete Form GST190, see the information on application types below.
Where the builder is not paying or crediting you with the amount of the rebate, use Application Type 2 if:
Where the builder is not paying or crediting you with the amount of the rebate, use Application Type 5 if:
If the land is a site in a residential trailer park, do not use Application Type 5. Use 2 instead. In the case of a floating home, use Application Type 2.
If you choose Option 2, you can calculate your rebate based only on the items the dealer sold you (for example, the floating home or the mobile home and qualifying land, if the home and the land are sold under the same written agreement, and also for improvements to that land).
Option 2 is not to your advantage if you paid GST/HST to someone other than the dealer for the land or any improvements made to the land, or if you paid GST/HST on other qualifying items not purchased from the dealer. In this case, see option 3.
This is the best option if you paid GST/HST to the dealer on the purchase of the mobile home or floating home and you also paid GST/HST to the dealer under a separate agreement or to someone other than the dealer for the land (generally half a hectare, 1.23 acres, or less) or for improvements to your land, mobile or floating home.
Complete Form GST191-WS, Construction Summary Worksheet and Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses. For more information on items that qualify for the rebate, see the section "Owner-built houses". You cannot claim a rebate for any GST/HST paid on furnishings, free-standing appliances, legal costs related to leasing the land, or on services related to maintaining the mobile or floating home.
Besides the GST/HST new housing rebate, you may be eligible for the Nova Scotia rebate if your house is located in Nova Scotia. The Nova Scotia rebate is limited to a maximum of $1,500 and generally applies to individuals who have not owned and occupied a house in Canada within the last five years. If you have owned and occupied a house in Canada in the last five years and the house was involuntarily destroyed (e.g. by fire), see "Previous house destroyed."
There is no limit on the purchase price or fair market value of your house that might reduce your Nova Scotia rebate.
You qualify for this rebate if you bought a new house (including a new condominium unit) from a builder; if you build, or engage someone to build, your new house; or if you bought a share in a co-op and you meet the following conditions and deadlines:
If a relation of yours will occupy the house as their primary place of residence, instead of you, that relation or their spouse or common-law partner must not have been an owner-occupant within the last five years.
Note
This rebate is not available to an individual who substantially renovates a house, or an individual who converts a non-residential property to a house.
The terms spouse and common-law partner are important to determine if you are an owner-occupant.
Your spouse is a person to whom you are legally married.
Your common-law partner is a person who is not your spouse, with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:
| a) | has been living with you in a conjugal relationship for at least 12 continuous months; |
| b) | is the parent of your child by birth or adoption; or |
| c) | has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support. |
In addition, an individual immediately becomes your common-law partner if you previously lived together in a conjugal relationship for at least 12 continuous months and you have resumed living together in such a relationship. Under proposed changes, this condition will no longer exist. The effect of this proposed change is that a person (other than a person described in b) and c) above) will be your common-law partner only after your current relationship with that person has lasted at least 12 continuous months. This proposed change will apply to 2001 and later years.
Reference to "12 continuous months" in this definition includes any period that you were separated for less than 90 days because of a breakdown in the relationship.
For this rebate, a person is your spouse or common-law partner if he or she was your spouse or common-law partner at one of the following times:
You are an owner-occupant if any of the following conditions apply:
If a relation of yours occupies the new house you bought or built or the unit if you bought a share in a co op, as their primary place of residence, and you, your spouse, or common-law partner does not occupy it as your or their primary place of residence, the relation is an owner occupant if any of the following conditions apply:
These rules apply to the owner and co-owners identified in section A of Form GST190, GST/HST New Housing Rebate Application for Houses Purchased from a Builder and Form GST191, GST/HST New Housing Rebate Application for Owner-Built Houses.
Example 1
John and Mary are common-law partners. Mary owned and occupied a house within the last five years, but John did not. They are buying a new house that they will occupy as their primary place of residence.
Because Mary has been an owner-occupant within the last five years, a Nova Scotia rebate is not available.
Example 2
Pietro and Mario are brothers. They bought a new house that they will occupy as their primary place of residence. They enter their names on the rebate application form as co-owners of the house. Because Pietro and Mario are co-owners of the new house, both have to determine if they have been owner-occupants within the last five years.
The following information will help you determine when the five-year period begins and ends.
If you bought your new house from a builder
If you bought a new house, calculate the five-year period as follows:
Step 1: Determine which of the following two dates comes first (in many cases, this will be the same date):
Note
If you bought the house but leased the land from the builder, only consider the day possession of the house is transferred to you.
Step 2: Determine the first day of the five-year period that ends on the date you got in step 1.
Step 3: If the date you got in step 2 is the first day of a month, this date is the beginning of the five-year period. If the date you got in step 2 is not the first day of a month, the first day of the following month will be the beginning of the five-year period. This period ends on the date you got in step 1.
Example
You bought a new house from a builder and occupy the house as your primary place of residence. Ownership of the house is transferred to you on June 20, 2008, and you took possession of the house on July 2, 2008.
Step 1: The earlier of these two dates is June 20, 2008.
Step 2: The first day of the five-year period that ends on the date you got in step 1: June 21, 2003.
Step 3: Since June 21 is not the first day of a month, July 1, 2003 (the first day of the following month), is the beginning of your five-year period. The five-year period ends on June 20, 2008.
If you were an owner-occupant between July 1, 2003, and June 20, 2008, you do not qualify for the Nova Scotia rebate.
If you built your own house
If you built your new house, calculate the five-year period as follows:
Step 1: Determine the date your house was substantially completed.
Step 2: Determine the first day of the five-year period that ends on the date you got in step 1.
Step 3: If the date you got in step 2 is the first day of a month, this date is the beginning of the five-year period. If the date you got in step 2 is not the first day of a month, the first day of the following month will be the beginning of the five-year period. This period ends on the date you got in step 1.
Example
You substantially completed the construction of your house on November 15, 2007, and the house is your primary place of residence. If you subtract five years from that day, you get November 16, 2002. Since November 16 is not the first day of a month, December 1, 2002 (the first day of the following month), is the beginning of your five-year period. The five-year period ends on November 15, 2007.
If you were an owner-occupant between December 1, 2002, and November 15, 2007, you do not qualify for the Nova Scotia rebate.
If you bought a share of a co-op
If you bought a share of the capital stock of a co-op, calculate the five-year period as follows:
Step 1: Determine the date ownership of the share was transferred to you.
Step 2: Determine the first day of the five-year period that ends on the date you got in step 1.
Step 3: If the date you got in step 2 is the first day of a month, this date is the beginning of the five-year period. If the date you got in step 2 is not the first day of a month, the first day of the following month will be the beginning of the five-year period. This period ends on the date you got in step 1.
Example
You bought a share of a co-op and you occupy a unit as your primary place of residence. Ownership of the share was transferred to you on January 5, 2008. If you subtract five years from that day, you get January 6, 2003. Since January 6 is not the first day of a month, February 1, 2003 (the first day of the following month), is the beginning of your five-year period. The five-year period ends on January 5, 2008.
If you were an owner-occupant between February 1, 2003, and January 5, 2008, you do not qualify for the Nova Scotia rebate.
If you were an owner-occupant in the last five years and your previous house was destroyed involuntarily (for example, in a fire), you will qualify for this rebate if you bought or built a new house and you meet the conditions and filing deadlines for your application type. However, remember that the Nova Scotia rebate does not apply to substantial renovations. You may also qualify for the Nova Scotia rebate if your spouse or common-law partner was an owner-occupant and their previous house was destroyed involuntarily.
If the new house will be occupied by a relation of yours as their primary place of residence, they were an owner-occupant in the last five years but their previous house was destroyed involuntarily, and you, your spouse, or common-law partner do not occupy the new house as your or their primary place of residence, you will be able to claim the Nova Scotia rebate if the conditions are met. You may also qualify for the Nova Scotia rebate if the relation’s spouse or common-law partner was an owner-occupant and their previous house was destroyed involuntarily.
As an individual who bought or built a bed and breakfast or other establishment providing short-term accommodation to the public, you may be eligible for the GST/HST new housing rebate if one of the following conditions is met:
Generally, short-term accommodation means housing that is supplied by way of lease, licence, or similar arrangement for the purpose of its occupancy by an individual as a place of residence or lodging. The period throughout which the same individual is given continuous occupancy is less than one month.
You also have to meet the other eligibility conditions. For example, more than 50% of the house (including the bed and breakfast) has to be used as your primary place of residence or that of a relation of yours, either individually or in combination.
If 50% or less of the house that includes the bed and breakfast is used as your primary place of residence or that of a relation of yours, only the portion that is your primary place of residence or that of a relation of yours will be eligible for the new housing rebate.
You also have to tick the box called "Bed and breakfast" in Section C of the rebate application.
If you bought a new house you may be entitled to claim one or both transitional rebates, depending on your situation.
You may be entitled to claim the 2008 transitional rebate if you and a builder entered into a purchase and sale agreement to buy a new or substantially renovated house after May 2, 2006, and before October 31, 2007, and both ownership and possession transferred to you after December 31, 2007.
You may be entitled to claim both the 2006 and 2008 transitional rebates if you and a builder entered into a purchase and sale agreement to buy a new or substantially renovated house before May 3, 2006, and both ownership and possession transferred to you after December 31, 2007.
You may be entitled to claim a 2006 transitional rebate if you and a builder entered into a purchase and sale agreement to buy a new or substantially renovated house before May 3, 2006, and both ownership and possession of the house are transferred to you after June 30, 2006, and before January 1, 2008.
These rebates account for the reduction in the rate of GST/HST in 2006 and 2008. If you can claim the new housing rebate, the calculation for one or both transitional rebates will take this into account. If you cannot claim the new housing rebate (for example, because the purchase price of the house is $450,000 or more), you may still be entitled to claim one or both transitional rebates.
Also, you may be eligible to claim a transitional rebate if you bought a new house in Canada that is not your primary place of residence such as a cottage or an investment property.
For more information, see Form GST193, GST/HST Transitional Rebate Application for Purchasers of New Housing. You can get this form from our Topics - GST/HST page or call us at 1-800-959-2221.
You are not eligible for this rebate if you built your own house. The rebate calculations on Form GST191 take into account the possibility that you have paid GST and/or HST at different rates during the construction.
Mail your completed rebate application form and other documents to:
Summerside Tax Centre
275 Pope Road
Summerside PE C1N 6A2
All claims are subject to verification.
This guide uses plain language to explain the most common situations. If you need more help after you read this guide, call our Business Enquiries line at 1-800-959-5525.
If you need help to determine if you can claim the new housing rebate (such as conditions and deadlines), or to complete your rebate application, call us at 1-800-959-5525. If you have questions about the status or processing of your rebate application, call us at 1-800-565-9353.
You can find GST/HST information by visiting our Goods and services tax/harmonized sales tax (GST/HST) page. You may want to bookmark this address for easier access to our Web site in the future.
The forms you need to claim the new housing rebate are included in the middle of this guide. Many of our forms and publications are available on our Topics - GST/HST page, or by calling us at 1-800-959-2221.
If you have a hearing or speech impairment and use a teletypewriter, you can call our bilingual enquiry service at 1-800-665-0354 during regular business hours.
Direct deposit is a safe, convenient, dependable, and timesaving way to receive your GST/HST rebate. Direct deposit payments are less likely to be lost, stolen, or damaged as may happen with cheques, and direct deposit is confidential.
Funds for a direct deposit payment will be available in your bank account on the same day as we would have mailed your cheque. If you send your rebate application to us, we can deposit your GST/HST rebate payment into your account at a financial institution.
To do this, complete Form GST515, Direct Deposit Request for the GST/HST New Housing Rebate, a copy of which is enclosed, and send it with your rebate application.
If you have any comments or suggestions that could help us improve our publications, we would like to hear from you. Please send your comments to:
Taxpayer Services Directorate
Canada Revenue Agency
750 Heron Road
Ottawa ON K1A 0L5