Tag Archives: Realtors
Does HST Apply To A Seller Of A Condo Assignment?
Stephen H. Shub Professional Corporation
Barrister, Solicitor, Notary
www.home-legal-cost.com
Inevitably, an offer to purchase an assignment property (often on an OREA form 140 or 141) by a buyer’s sales representative will state that, if applicable, HST is included in the purchase price (as we typically see in any offer to buy resale residential properties). The sales representative who represents a seller of an assignment (and who is advising the seller) MUST be aware that according to the Canada Revenue Agency, there are sometimes situations where HST will, in fact, be applicable and payable by the assignor/seller who is assigning a contract to buy a newly constructed unit/residence.
When applicable, HST will be payable by the Assignor (buyer #1 from the builder) on the portion of the assignment sale price related to the return of deposits (paid to the builder by the assignor/seller) PLUS the gross profit (the difference between the builder price and the assignment price).
The confusing question is whether or not HST is, in fact, applicable to the assignment and, since realtors should not undertake the responsibility to advise a seller on such a matter, MAKE SURE THAT AN ASSIGNMENT SALE WHICH STATES HST IS INCLUDED IN THE PRICE IS CONDITIONAL ON ASSIGNOR’S/SELLER’S LAWYER’S APPROVAL so that the lawyer for the assignor/seller will be responsible to advise a seller whether or not HST is applicable to the assignment/sale. The idea is to shift the burden of responsibility from the shoulders of the listing sales representative to the shoulders of the lawyer for the assignor/seller.
Believe it or not, whether or not HST is applicable to an assignment depends on the original intention/the plan (in the mind of the assignor/seller) when the offer to purchase was made with the builder. If the PRIMARY PURPOSE by the assignor/seller in buying from the builder was to profit by assigning/flipping the deal, THEN HST IS APPLICABLE to the assignment/sale.
On the other hand, if an individual originally signed an offer to purchase a condo apartment (to be newly constructed by a builder) with the primary intention that the unit bought would be used (for example) by:
(1) a son or daughter when attending University/College, OR
(2) a parent who wanted or needed a place to reside, or
(3) a spouse who planned to separate from the family, or
(4) the buyer(s) who intended to downsize, or
(5) the buyer(s) who intended to use the apartment when working downtown or when visiting Toronto
(6) a son or daughter who was engaged to be married, or
(7) buyer wanted to move closer to a workplace OR to relocate a place of work
THEN the Canada Revenue Agency would typically conclude that HST is not applicable on the assignment/sale if (at a later date) a reasonable change in circumstance resulted in an assignment/sale of the unit if, for example,
(1) such son/daughter chose not to go to University/College, or
(2) the buyer’s mom or dad no longer could use or wanted to use such apartment as a residence
(due to their death or needs a retirement home), or
(3) intention to separate from family changed, or
(4) decision was made later not to downsize, or
(5) the buyer(s) reasonably changed his/their minds about such intended use, or
(6) the engaged son or daughter decided not to marry or decided to live elsewhere, or
(7) the workplace location changed or the intended relocation of workplace changed
The question is whether the facts or circumstances would indicate to the Canada Revenue Agency that the condo was originally being acquired from the builder for the primary purpose of personal use versus buying the unit for only a potential profit with the intention of assigning or flipping the deal. If a buyer purchases two or more new condo units or has a corporation purchase a residential unit, it is more difficult (perhaps impossible) to try to explain to the Canada Revenue Agency that the primary purpose in buying from the builder was to acquire the unit for personal use as a residence for an immediate family member.
The bottom line is that a listing realtor, seeing an offer from an assignee, should encourage the assignor/seller to sign back the offer with a condition for approval of the terms of the sale by the lawyer for the assignor/seller.
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Contact the Jeffrey Team for more information – 416-388-1960
Laurin & Natalie Jeffrey are Toronto Realtors with Century 21 Regal Realty.
They did not write these articles, they just reproduce them here for people
who are interested in Toronto real estate. They do not work for any builders.
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Incoming search terms
What does a Realtor do?
Richard Silver, Toronto Real Estate Board President
Like most Realtors who have worked in the profession for a number of years, from time to time I have been asked to explain the value of a Realtor’s services, and what we do throughout the course of a transaction.
Here is my take on what’s involved in our work and the most important contribution a Realtor can make to what is likely a consumer’s largest financial decision.
Most of a Toronto Realtor’s day involves following the market, not just specific houses and neighborhoods, but the ups and downs of the marketplace in general. We also deal with the ups and downs of our clients, their successes and failures, as well as changes to their family structures.
Comment: Seriously – I read at least 10 real estate articles a day, or more, from a variety of sources. The good, the bad, the completely wrong and insane. I write about real estate every day, be it on one of my 3 real estate blogs, Twitter, Facebook, or for a printed or online publication. This is what I do for a living. I talk about it all the time, with clients or friends or family. I know a lot about the market, from prices to interest rates, demographics and immigration patterns, buyer profiles and neighbourhood trends. Because it is my job. Because I need to know all of this to do my job as best I can. That is what I offer you, a wealth of knowledge about the subject. And there is nothing that jerks my chain more than people who tell me I don’t know what I am talking about. Or that I am biased, or lying or worse. People who’s job is not real estate who claim to know better than me. Not that I claim to be perfect or know everything, but I truly study my industry day in and day out – much more than almost everyone else in my industry and certainly more than people who work in accounting or graphic design. So please, listen to what I have to say, it comes from a wealth of background, knowledge and thought.
Eventually we start to develop a way of seeing so much product that we become adept at sifting out the good from the bad. We recognize that buzzwords like “knob and tube wiring” or “old furnace” are fixable if the house is right.
As my first Realtor advised me, “You can fix anything in the house with money but you cannot move the house.” His words guided me to a less expensive house on a great street at a time when I was caught up dreaming of the renovation that I had seen on a less desirable street. I have never regretted that decision, and I know that I would have made a mistake had I not listened to his guidance.
Toronto Realtors know that buying and selling a home is a very emotional experience. One of the best services that a Realtor provides is their third party unemotional observation, which can help Buyers and Sellers realize what is important, what is worth fighting for, and what that extra bit of mortgage will really mean in the long term.
On occasion, media reports infer that Realtors somehow create the marketplace. This couldn’t be farther from the truth. It is, in fact, the Buyer and the Seller who do so. It is natural for the Seller to want the highest price possible for their property and also for the Buyer to want to purchase for the least amount. How far each is willing to go is entirely up to them.
Comment: Like I said above, people who do not work in the industry saying things like always upset me. The market is created by 400,000 different people every year. There are 100,000 som-odd sales in the GTA each year. So there are 100,000 buyers (never mind the friends & family who advise them) and their 100,000 buyer’s agents, plus 100,000 sellers (and their friends and family) and 100,000 listing agents. Thus, 400,000 people – 200,000 of which are not real estate agents – determine the market every year. Add to that the mortgage agents, home inspectors and others who are involved in each transaction and it is easy to see that Realtors are not the ones “creating” the market. It is a free market, with prices and sales volumes dictacted by the choices of buyers and sellers, each one acting of their own volition and with their own motives. We only exist to help facilitate each transaction, to advise and help.
When six Realtors and the Buyers they represent attempt to purchase one house, the math will tell you that there are going to be five unhappy Buyers and Realtors who do not achieve their goals. Does that sound like fun? Is that really what Realtors want? Where is the benefit for the Realtor?
Comment: No, that sucks. We hate it. We hate losing more than you do! And unhappy clients make us unhappy. If they lose enough bidding wars, they will go elsewhere. Through no fault of our own, we have no done all of this work only to have the client leave – and we don’t get paid. Truly, 90% of my life is working for nothing. But, just like the buyers, we have to get back on the bike and keep going.
These days, Realtors try to keep their clients realistic, set goals and help them remember that getting excited about a kitchen design to the exclusion of having a main floor family room is steering them off of their must have list, which was responsible for initiating their search in the first place.
Providing that kind of guidance is the most important thing that a Toronto Realtor can do, notwithstanding making sure that the Is are dotted and Ts are crossed. It is what keeps us busy, no matter what market we are in. This most important face-to-face contact is one that a computer program will never be able to replace.
Comment: Bidding wars suck, but if you want that perfect house… you may not have a choice. Work with me, listen to me, we will do our best to get that house for you. But without that trust, there is little we can achieve together.
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Contact the Jeffrey Team for more information – 416-388-1960
Laurin & Natalie Jeffrey are Toronto Realtors with Century 21 Regal Realty.
They did not write these articles, they just reproduce them here for people
who are interested in Toronto real estate. They do not work for any builders.
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