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Selling a Home: GST

The issue of GST, as it applies to the sale of a home is a complex issue which should be discussed with your lawyer at an early stage to determine whether it must be charged and collected from the buyer of your home. It is the responsibility of a seller to determine whether a particular transaction should have GST applied to it.

The GST applies to all transactions of sale of real property unless the particular transaction meets all of the requirements of one of the exemptions as set out under the applicable legislation. The most common exception is the sale of a used residential property. If the house being sold was being used primarily as a place of residence before the sale it will generally be exempt from the requirements of the collection of GST from the buyer. There are other exceptions to the obligations of the seller to collect and remit GST as it related to the purchase of commercial property or mixed use properties, and we recommend, given the complexity of this area of law, that you discuss your uses of the property sold with your legal counsel so that GST can be dealt with appropriately.

It should be noted that the GST is payable on all legal fees, real estate commission and some of the disbursements incurred as a result of the sale of a home.

Notice: The articles on our website are provided for general information purposes only and should not be relied upon as legal advice or opinion. They reflect the current state of the law as at the date of posting on the website, and are subject to change without notice. If you require legal advice or opinion, we would be pleased to provide you with our assistance on any of the issues raised in these articles.