British Columbia - Provincial corporation tax and HST Dayarayan

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What are the income tax rates in Canada for 2010?

These are the rates that an individual will use when completing their 2010 income tax and benefit return. The information may change during the year to reflect updates to the law. Federal tax rates for 2010 are:

15% on the first $40,970 of taxable income, + 22% on the next $40,971 of taxable income (on the portion of taxable income between $40,970 and $81,941), + 26% on the next $45,080 of taxable income (on the portion of taxable income between $81,941 and $127,021), + 29% of taxable income over $127,021.

The chart below reproduces the first calculation that has to be made on Page 2 of Schedule 1 of the tax package to calculate net federal tax. Page 1 is used to calculate federal non-refundable tax credits.
Federal tax on taxable income manual calculation chart 2010
Use this column if your taxable income is $40,970 or less Enter your taxable income from line 260 of your return Base amount Line 1 minus line 2 (this amount cannot be negative) Federal tax rate = 15% 0 = = 0 + = 6,109 22% 40,971 86,051 = = + 15,069 = 26% 127,021 = = + 26,720 = 29% Use this column if your taxable income is more than $40,970, but not more than $81,941 Use this column if your taxable income is more than $81,941, but not more than $127,021 Use this column if your taxable income is more than $127,021

1 2 3 4 5 6 7

Multiply the amount on line = 3 by the tax rate on line 4 Tax on the amount from line 2 Add lines 5 and 6 + =

Provincial/Territorial tax rates for 2010 Under the current tax on income method, tax for all provinces (except Quebec) and territories is calculated the same way as federal tax. Form 428 is used to calculate this provincial or territorial tax. Provincial or territorial specific non-refundable tax credits are also calculated on Form 428. For complete details, see the Provincial or Territorial information and forms in your 2009 tax package.
Provincial / Territorial tax rates (combined chart) 2010 Provinces / Territories Rate(s) Newfoundland and Labrador 7.7% on the first $31,061 of taxable income, + 12.8% on the next $31,060, + 15.5% on the amount over $62,121 Prince Edward Island 9.8% on the first $31,984 of taxable income, + 13.8% on the next $31,985, + 16.7% on the amount over $63,969 Nova Scotia 8.79% on the first $29,590 of taxable income, + 14.95% on the next $29,590, + 16.67% on the next $33,820 + 17.5% on the amount over $93,000 New Brunswick 10.12% on the first $35,707 of taxable income, + 15.48% on the next $35,708, + 16.8% on the next $44,690, + 17.95% on the amount over $116,105 Quebec Contact Revenue Qubec Ontario 6.05% on the first $36,848 of taxable income, + 9.15% on the next $36,850, + 11.16% on the amount over $73,698 Manitoba 10.8% on the first $31,000 of taxable income, + 12.75% on the next $36,000, + 17.4% on the amount over $67,000 Saskatchewan 11% on the first $40,113 of taxable income, + 13% on the next $74,497, + 15% on the amount over $114,610 Alberta 10% of taxable income British Columbia 5.06% on the first $35,716 of taxable income, + 7.7% on the next $35,717, + 10.5% on the next $10,581, + 12.29% on the next $17,574, + 14.7% on the amount over $99,588 Yukon 7.04% on the first $38,832 of taxable income, + 9.68% on the next $38,832, + 11.44% on the next $48,600, + 12.76% on the amount over $126,264 Northwest Territories 5.9% on the first $36,885 of taxable income, + 8.6% on the next $36,887, + 12.2% on the next $46,164, + 14.05% on the amount over $119,936 Nunavut 4% on the first $38,832 of taxable income, + 7% on the next $38,832, + 9% on the next $48,600, + 11.5% on the amount over $126,264

British Columbia - Provincial corporation tax

Lower rate
The lower rate of British Columbia income tax is 2.5% effective December 1, 2008. The lower rate was 3.5% effective July 1, 2008 and before this date it was 4.5%. The income eligible for the lower rate is determined using the British Columbia business limit of $400,000. The business limit will be increased to $500,000 effective January 1, 2010.

Higher rate

The higher rate of British Columbia income tax is 11% effective July 1, 2008. Before this date it was 12%. The higher rate will decrease to; 10.5% effective January 1, 2010; and to 10% effective January 1, 2011. The higher rate applies to all income not eligible for the lower rate. When the rate or the business limit changes during the tax year, you have to base your calculation on the number of days in the year that each rate or limit is in effect. Reporting the tax You can use Schedule 427, British Columbia Corporation Tax Calculation, to help you calculate your British Columbia tax before the application of credits. You do not have to file it with the return. See the schedule for more details. Generally, provinces and territories have two rates of income tax: the lower rate and the higher rate. The lower rate applies to either: the income eligible for the federal small business deduction; or
4

the income based on limits established by the particular province or territory. The higher rate applies to all other income Corporation X earned all of its income for 2009 from its permanent establishment in Newfoundland and Labrador. Corporation X claimed the small business deduction when it calculated its federal tax payable. The income from active business carried on in Canada was $78,000. The Newfoundland and Labrador lower rate of tax is 5%. The higher rate of tax is 14%. See example 1. Corporation X calculates its Newfoundland and Labrador tax payable as follows: Taxable income
Subtract amount taxed at lower rate: Least of lines 400, 405, 410, or 425 of the return, in the small business deduction calculation Amount taxed at higher rate Taxes payable at the lower rate: $78,000 5% = Taxes payable at the higher rate: $12,000 14% = Newfoundland and Labrador tax payable

$90,000
$78,000 $12,000 $ 3,900 $ 1,680 $ 5,580

When you allocate taxable income to more than one province or territory, you also have to allocate proportionally any income eligible for the small business deduction. See example 2. Corporation Y has permanent establishments in both Nova Scotia and the Yukon. Its tax year runs from September 1, 2008, to August 31, 2009. Corporation Y claimed the small business deduction when it calculated its federal tax payable. The lower rate of tax for Nova Scotia is 5%, and the higher rate of tax is 16%.To calculate its Nova Scotia income tax, Corporation Y does the following calculations: Taxable income allocated to Nova Scotia (from Schedule 5) Taxable income allocated to the Yukon (from Schedule 5) Total taxable income earned in Canada Least of lines 400, 405, 410, or 425 of the return, in the small business deduction calculation Income eligible for the small business deduction attributed to Nova Scotia:
5

$60,000 $30,000 $90,000 $78,000 $52,000

($60,000 $90,000) $78,000 = Taxable income earned in Nova Scotia Subtract: Income eligible for the small business deduction attributed to Nova Scotia Amount taxed at higher rate Taxes payable at higher rate: $8,000 16% = Taxes payable at lower rate: $52,000 5% = Nova Scotia tax payable

$60,000 $52,000 $ 8,000 $ 1,280 $ 2,600 $ 3,880

To calculate its Yukon income tax payable, Corporation Y would repeat the same steps, using the rates that apply. Corporation tax rates Federal rates The basic rate of Part I tax is 38% of your taxable income, 28% after federal tax abatement. For Canadian-controlled private corporations claiming the small business deduction, the net tax rate before surtax* is: 12% before January 1, 2008 11% effective January 1, 2008 For the other corporations, the net tax rate before surtax* will decrease as follows: 21% before January 1, 2008 19.5% effective January 1, 2008 19% effective January 1, 2009 18% effective January 1, 2010 16.5% effective January 1, 2011 15% effective January 1, 2012 *The corporate surtax is zero, effective January 1, 2008. Provincial or territorial rates Generally, provinces and territories have two rates of income tax - a lower rate and a higher rate. Lower rate The lower rate applies to either: the income eligible for the federal small business deduction; or the income based on limits established by the particular province or territory. Higher rate The higher rate applies to all other taxable income.
6

Provincial and territorial tax rates (except Quebec and Alberta) The following table shows the income tax rates for provinces and territories (except Quebec and Alberta, which do not have corporation tax collection agreements with the CRA). These rates are in effect on January 1, 2010, and some might change during 2010. Province or territory Newfoundland and Labrador Nova Scotia Prince Edward Island New Brunswick Ontario Manitoba Saskatchewan British Columbia Yukon Northwest Territories Nunavut Lower rate 5% 5% 2.1% 5% 5.5% 1% 4.5% 2.5% 4% 4% 4% Higher rate 14% 16% 16% 12% 14% 12% 12% 10.5% 15% 11.5% 12%

For a table that shows the income tax rates as of January 1, 2010, for the provinces and territories that have corporate tax collection agreements with the federal government. Tax Brackets Federal (note) Rate (%) $10,382 to $40,970 $40,970 to $81,941 $81,941 to $127,021 $127,021 and higher $11,000 to $35,859 $35,859 to $71,719 $71,719 to $82,342 $82,342 to $99,987 $99,987 and higher Provincial Surtax 15.00 22.00 26.00 29.00 5.06 7.70 10.50 12.29 14.70

British Columbia

British Columbia (BC) combined federal & provincial tax rates / 2004-2010
Marginal Tax Rates Taxable Income Capital Gains 2004 first $32,476 over $32,476 up to $35,000 2005 first $33,061 over $33,061 up to $35,595 2006 first $33,755 over $33,755 up to $36,378 2007 first $34,397 over $34,397 up to $37,178 2008 first $35,016 over $35,016 up to $37,885 2009 first $35,716 over $35,716 up to $40,726 2010 first $35,859 over $35,859 up to $40,970 20042005 11.03% 2006 10.65% 2007 10.35% 20082010 10.03% 20042005 4.52% 2006 3.58% Small Business Dividends 2007 2.83% 2008 2.03% 2009 3.16% 2010 4.16% 20042005 4.52% 2006 (14.02%) Canadian Dividends Eligible Dividends 2007 (14.89%) 2008 (15.81%) 2009 (14.36%) 2010 (12.59%) 20042005 22.05% Other Income 2006 21.30% 2007 20.70% 20082010 20.06%

12.58%

12.20%

11.83%

11.35%

8.40%

7.46%

6.52%

5.33%

6.46%

7.46%

8.40%

(9.52%)

(10.61%)

(11.99%)

(10.54%)

(8.79%)

25.15%

24.40%

23.65%

22.70%

over $35,000 up to $64,954

over $35,595 up to $66,123

over $36,378 up to $67,511

over $37,178 up to $68,794

over $37,885 up to $70,033

over $40,726 up to $71,433

over $40,970 up to $71,719

15.58%

15.58%

15.33%

14.85%

15.90%

15.90%

15.27%

14.08%

15.21%

16.21%

15.90%

0.27%

(0.46%)

(1.84%)

(0.38%)

1.29%

31.15%

31.15%

30.65%

29.70%

over $64,954 up to $70,000

over $66,123 up to $71,190

over $67,511 up to $72,756

over $68,794 up to $74,357

over $70,033 up to $75,769

over $71,433 up to $81,452

over $71,719 up to $81,941

16.85%

16.85%

16.55%

16.25%

19.08%

19.08%

18.33%

17.58%

18.71%

19.71%

19.08%

3.96%

3.10%

2.23%

3.68%

5.32%

33.70%

33.70%

33.10%

32.50%

over $70,000 up to $74,575

over $71,190 up to $75,917

over $72,756 up to $77,511

over $74,357 up to $78,984

over $75,769 up to $80,406

over $81,452 up to $82,014

over $81,941 up to $82,342

18.85%

18.85%

18.55%

18.25%

24.08%

24.08%

23.33%

22.58%

23.71%

24.71%

24.08%

9.76%

8.90%

8.03%

9.48%

11.08%

37.70%

37.70%

37.10%

36.50%

over $74,575 up to $90,555

over $75,917 up to $92,185

over $77,511 up to $94,121

over $78,984 up to $95,909

over $80,406 up to $97,636

over $82,014 up to $99,588

over $82,342 up to $99,987

19.85%

19.85%

19.50%

19.15%

26.58%

26.58%

25.71%

24.82%

25.95%

26.95%

26.58%

12.67%

11.65%

10.62%

12.07%

13.66%

39.70%

39.70%

39.00%

38.29%

over $90,555 up to $113,804

over $92,185 up to $115,739

over $94,121 up to $118,285

over $95,909 up to $120,887

over $97,636 up to $123,184

over $99,588 up to $126,264

over $99,987 up to $127,021

20.35%

20.35%

20.35%

20.35%

27.83%

27.83%

27.83%

27.83%

28.96%

29.96%

27.83%

14.11%

14.11%

14.11%

15.56%

17.13%

40.70%

40.70%

40.70%

40.70%

over $113,804

over $115,739

over $118,285

over $120,887

over $123,184

over $126,264

over $127,021

21.85%

21.85%

21.85%

21.85%

31.58%

31.58%

31.58%

31.58%

32.71%

33.71%

31.58%

18.46%

18.46%

18.46%

19.91%

21.45%

43.70%

43.70%

43.70%

43.70%

Marginal tax rate for dividends is a % of actual dividends received (not grossed-up amount).
2004 $8,523 2005 $8,676 BC Basic Personal Amount 2006 2007 2008 $8,858 $9,027 $9,189 2009 $9,373 2010 $11,000 2004-2006 6.05% Tax Rate 2007 5.70% 2008-2010 5.06%

Source: Dayarayan centre of tax research

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Ontario (ON) combined federal & provincial tax rates including surtaxes / 2004-2010
Taxable Income Capital Gains 2004 first $33,375 2005 first $34,010 2006 first $34,758 2007 first $35,488 2008 first $36,020 2009 first $36,848 2010 2004-2009 first $37,106 2004-05 2006 2007-09 2010 2004-05 2006 2007-10 11.03% 10.65% 10.53% 10.03% 12.58% 12.20% 12.08% 2004-05 2006 2007 2008-09 2004-05 2006 2007-09 15.86% 4.48% 3.55% 3.23% 3.88% 8.36% 7.42% 7.11% 2010 2004-2005 2006 2007 2008 2009 2010 2004-05 2006 2007-09 2010 2004-05 2006 2007-10 22.05% 21.30% 21.05% 20.05% 25.15% 24.40% 24.15% Small Business Dividends Marginal Tax Rates Canadian Dividends Eligible Dividends Other Income

3.16%

4.48%

(6.04%)

(6.69%)

(7.13%)

(7.71%)

(6.23%)

over $33,375 up to $35,000 over $35,000 up to $58,771

over $34,010 up to $35,595 over $35,595 up to $59,880

over $34,758 up to $36,378 over $36,378 up to $61,206

over $35,488 up to $37,178 over $37,178 up to $62,485

over $36,020 up to $37,885 over $37,885 up to $63,428

over $36,848 up to $40,726 over $40,726 up to $64,882

over $37,106 up to $40,970 over $40,970 up to $65,345

7.90%

8.36%

(1.55%)

(2.2%)

(2.63%)

(3.21%)

(0.32%)

15.58%

16.65%

15.86%

8.24%

7.95%

7.52%

6.94%

9.76%

31.15%

over $58,771 up to $66,752

over $59,880 up to $68,020

over $61,206 up to $69,517

over $62,485 up to $70,976

over $63,428 up to $72,041

over $64,882 up to $73,698

over $65,345 up to $74,214

16.49%

16.86%

17.81%

16.86%

9.01%

8.66%

8.14%

7.44%

10.55%

32.98%

over $66,752 up to $69,240

over $68,020 up to $70,560

over $69,517 up to $72,102

over $70,976 up to $73,625

over $72,041 up to $74,720

over $73,698 up to $76,440

over $74,214 up to $76,986

17.70%

19.88%

20.82%

19.88%

12.51%

12.16%

11.64%

10.94%

14.02%

35.39%

over $69,240 up to $70,000

over $70,560 up to $71,190

over $72,102 up to $72,756

over $73,625 up to $74,357

over $74,720 up to $75,769

over $76,440 up to $81,452

over $76,986 up to $81,941

19.70%

22.59%

23.82%

22.59%

14.94%

14.49%

13.81%

12.91%

16.49%

39.41%

over $70,000 up to $113,804

over $71,190 up to $115,739 over $115,739

over $72,756 up to $118,285 over $118,285

over $74,357 up to $120,887 over $120,887

over $75,769 up to $123,184 over $123,184

over $81,452 up to $126,264

over $81,941 up to $127,021

21.70%

27.59%

28.82%

27.59%

20.74%

20.29%

19.61%

18.71%

22.25%

43.41%

over $113,804

over $126,264

over $127,021

23.20%

31.34%

32.57%

31.34%

25.09%

24.64%

23.96%

23.06%

26.57%

46.41%

Marginal tax rate for dividends is a % of actual dividends received (not grossed-up amount). ON Basic Personal Amount 2004 2005 2006 2007 2008 $8,044 $8,196 $8,377 $8,553 $8,681

Tax Rate 2009 $8,881 2010 $8,943 2004-2009 6.05% 2010 5.05%

Source: Dayarayan centre of tax research

Federal Income Tax Rates for Income Earned by a Canadian-Controlled Private Corporation (CCPC) 2008-2011
Description General corporate rate Federal abatement Small business deduction Rate reduction Refundable tax Active Business Income General Active Business between $400,000 and Investment Income Income $500,000 2008 2009 2010 2011 2008 2009 2010 2011 2008 2009 2010 2011 2008 2009 2010 2011 38.0 38.0 38.0 38.0 38.0 38.0 38.0 38.0 38.0 38.0 38.0 38.0 38.0 38.0 38.0 (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) (10.0) 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 (17.0) (17.0) (17.0) (17.0) (17.0) (17.0) (17.0) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 (8.5) (9.0) (10.0) (11.5) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.7 6.7 6.7 6.7 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 28.0 34.7 34.7 34.7 34.7 Small Business Income up to $400,000

Comparison of Canada Corporate income tax rates- Federal and BC (2003-2012)

Federal(1) British Columbia(2) General/M&P/Investment Small business Investment - CCPC General/M&P/Investment Small business 2003 24.12 13.12 35.79 13.50 4.50 2004 2005 22.12 22.12 13.12 13.12 35.79 35.79 13.50 13.50/12.00 4.50 4.50 2006 22.12 13.12 35.79 12.00 4.50 2007 2008 22.12 19.50 13.12 11.00 35.79 34.67 12.00 12.00/11.00 4.50 4.50/3.50/2.50 2009 19.00 11.00 34.67 11.00 2.50 2010 18.00 11.00 34.67 10.50 2.50 2011 16.50 11.00 34.67 10.00 2.50 2012 15.00 11.00 34.67 10.00 2.50

(1) Federal: The income limit for the purposes of the small business deduction (SBD limit) has been $300,000 since 2005. The May 2, 2006 federal budget provided for a rise in the SBD limit to $400,000 effective January 1, 2007. The January 27, 2009 federal budget provides for an increase in the SBD limit to $500,000, effective January 1, 2009. The business limit must be allocated between associated corporations. The SBD is reduced progressively on a straight-line basis for CCPCs when their taxable capital used in Canada varies between $10 million and $15 million. (2) British Columbia: SBD limit: increased to $400,000 for taxation years ending after December 31, 2004. As announced in the February 19, 2008 budget, the General/M&P/Investment rate was reduced to 11% effective July 1, 2008, to 10.5% effective January 1, 2010 and to 10% effective January 1, 2011. In addition, the rate for small businesses was reduced to 3.5% effective July 1, 2008, to 3% effective January 1, 2010 and to 2.5% effective January 1, 2011. On October 23, 2008, the government brought down its Economic Update which proposed a further decrease in the rate for small businesses, from 3.5% to 2.5% effective December 1, 2008. The February 17, 2009 budget confirmed the previously announced rate
10

reductions. In a news release dated April 7, 2009, the B. C. government announced that the SBD limit would be increased from $400,000 to $500,000 on January 1, 2010.

Standard deduction
Year Single Head of Household $7,850 $7,550 $7,850 $8,000 $8,350 Married Filing Joint $10,700 $10,300 $10,700 $10,900 $11,400 Married Qualifying Filing Dependent Widow/Widower Separately $5,350 $5,150 $5,350 $5,450 $5,700 $10,700 $10,300 $10,700 $10,900 $11,400 $850 $5,350 $850 $5,150 $850 $5,350 $900 $5,450 $950 $5,700 Additional Amount if Blind $1,050 $1,000 $1,050 $1,050 / $1,350 (1) $1,100 / $1,400 (2) Additional Amount if age 65 or older $1,050 $1,000 $1,050 $1,050 / $1,350 (1) $1,100 / $1,400 (2) Personal Exemption

2005 $5,350 2006 $5,150 2007 $5,350 2008 $5,450 2009 $5,700

$3,400 $3,300 $3,400 $3,500 $3,650

(1) $1,050 (for married filing joint, married filing separately, or qualifying widow); $1,350 (for single and head of household) (2) $1,100 (for married filing joint, married filing separately, or qualifying widow); $1,400 (for single and head of household)

11

Comparison of Corporate Tax Rates 2003-2009

Federal year 2003 2004 2005 2006 2007 2008 2009 General SBD M&P 24.12 22.12 22.12 22.12 22.12 20.59 20.00 13.12 13.12 13.12 13.12 13.12 11.50 11.00 22.12 22.12 22.12 22.12 22.12 20.59 20.00 Investments (CCPC) 35.79 35.79 35.79 35.79 35.79 34.67 34.67 British Columbia General/M&P SBD 13.50 13.50 13.50 12.00 12.00 12.00 12.00 4.50 4.50 4.50 4.50 4.50 4.50 4.50 Top marginal rate Capital Dividends Gain 21.85 31.58 21.85 31.58 21.85 31.58 21.85 18.47 31.58 21.85 31.58 21.85 32.71 Other Income 43.70 43.70 43.70 43.70 43.70 43.70 43.70

Deferred Income Plans - Maximum Contributions Year 1995 1996-2002 2003 2004 2005 2006 2007 2008 2009 2010
(1) RRSP: Registered Retirement Savings Plan (2) RPP: Registered Pension Plan 12

RRSP(1) $14,500 $13,500 $14,500 $15,500 $16,500 $18,000 $19,000 $20,000 $21,000 $22,000

RPP(2) $15,500 $13,500 $15,500 $16,500 $18,000 $19,000 $20,000 $21,000 $22,000 -

Table of Canadian Federal Tax Rates for the years 2001- 2010 2006 2007 Portion 2001 2002 2003 2004 2005
1st portion of taxable income Applicable Rate Next portion of taxable income Applicable Rate Next portion of taxable income Applicable Rate On the amount over Applicable Rate $30,754 16.00% $30,755 22.00% $38,491 26.00% $100,000 29.00% $31,677 16.00% $31,677 22.00% $39,646 26.00% $103,000 29.00% $32,183 16.00% $32,185 22.00% $40,280 26.00% $104,648 29.00% $35,000 16.00% $35,000 22.00% $43,804 26.00% $113,804 29.00% $35,595 15.00% $35,595 22.00% $44,549 26.00% $115,739 29.00% $36,378 15.25% $36,378 22.00% $45,529 26.00% $118,285 29.00% $37,178 15.00% $37,179 22.00% $46,530 26.00% $120,887 29.00%

2008 $37,885 15.00% $37,884 22.00% $47,415 26.00% $123,184 29.00%

2009 $40,726 15.00% $40,726 22.00% $44,812 26.00% $126,264 29.00%

2010 $40,970 15.00% $40,971 22.00% $45,080 26.00% $127,021 29.00%

Source: Dayarayan centre of tax research

Table of Individual Income Tax Rates for the Province of British Columbia / 2001- 2010
Portion 1 portion of taxable income Applicable Rate Next portion of taxable income Applicable Rate Next portion of taxable income Applicable Rate Next portion of taxable income Applicable Rate On the amount over Applicable Rate
st

2001 $30,484 7.30% $30,485 10.50% $9,031 13.70% $15,000 15.70% $85,000 16.70%

2002 $31,124 6.05% $31,125 9.15% $9,221 11.70% $15,315 13.70% $86,785 14.70%

2003 $31,653 6.05% $31,655 9.15% $9,377 11.70% $15,575 13.70% $88,260 14.70%

2004 $32,476 6.05% $32,478 9.15% $9,621 11.70% $15,980 13.70% $90,555 14.70%

2005 $33,061 6.05% $33,062 9.15% $9,794 11.70% $16,268 13.70% $92,185 14.70%

2006 $33,755 6.05% $33,756 9.15% $10,000 11.70% $16,610 13.70% $94,121 14.70%

2007 $34,397 5.70% $34,397 8.65% $10,190 11.10% $16,925 13.00% $95,909 14.70%

2008 $35,016 5.06% $35,017 7.70% $10,373 10.50% $17,230 12.29% $97,636 14.70%

2009 $35,716 5.06% $35,717 7.70% $10,581 10.50% $17,574 12.29% $99,588 14.70%

2010 $35,859 5.06% $35,860 7.70% $10,623 10.50% $17645 12.29% $99,987 14.70%

Source: Dayarayan centre of tax research

13

BC Combined Federal and Provincial Income Tax Rates for Income Earned by a CanadianControlled Private Corporation(CCPC)
Effective date Small Business Income up to $400,000 Active Business Income between $400,000 and $500,000 22.00% 21.50% 21.00% General Active Business Income Investment Income

01-Jan-08 01-Jan-09 01-Jan-10 01-Jan-11

15.5/14.5/13.5% 13.50% 13.50% 13.50%

31.5/30.5% 30.00% 28.50% 26.50%

46.7/45.7% 45.70% 45.20% 44.70%

BC Provincial Income Tax Rates for Income Earned by a Canadian-Controlled Private Corporation(CCPC)
Effective date Small Business Income up to $400,000 Active Business Income between $400,000 and $500,000 11% 10.50% 10% General Active Business Income Investment Income

01-Jan-08 01-Jan-09 01-Jan-10 01-Jan-11

4.5/3.5/2.5% 2.50% 2.50% 2.50%

12/11% 11% 10.50% 10%

12/11% 11% 10.50% 10%

14

Small Business Income (SBI) Thresholds for Canadian-Controlled Private Corporations (CCPCs) 2008-2011
Description Federal British Columbia 2008 $400,000 $400,000 2009 $500,000 $400,000 2010 $500,000 $400,000 2011 $500,000 $400,000

Federal Personal Income Tax Rates / 2004-2010 Marginal Tax Rates Taxable Income Capital Gains 2004 first $35,000 2005 first $35,595 2006 first $36,378 2007 first $37,178 2008 first $37,885 2009 first $40,726 2010 2004 first $40,970 8.00% over $35,000 up to $70,000 over $35,595 up to $71,190 over $36,378 up to $72,756 over $37,178 up to $74,357 over $37,885 up to $75,769 over $40,726 up to $81,452 over $40,970 up to $81,941 7.50% 3.33% 2.08% 3.33% 2.08% (5.75%) (4.28%) 16% 15.00% 2005-2010 2004 2005-2010 2004 2005-2006 2007-2009 2010 2004 2005-2010 Small Business Dividends Canadian Dividends Other Income Eligible Dividends

11.00%

11.00%

10.83%

10.83%

10.83%

10.83%

4.40%

5.80%

22%

22.00%

over $70,000 up to $113,804

over $71,190 up to $115,739

over $72,756 up to $118,285

over $74,357 up to $120,887

over $75,769 up to $123,184

over $81,452 up to $126,264

over $81,941 up to $127,021

13.00%

13.00%

15.83%

15.83%

15.83%

15.83%

10.20%

11.56%

26%

26.00%

over $113,804

over $115,739

over $118,285

over $120,887

over $123,184

over $126,264

over $127,021 14.50% 14.50% 19.58% 19.58% 19.58% 19.58% 14.55% 15.88% 29% 29.00%

Marginal tax rate for dividends is a % of actual dividends received (not grossed-up amount). Federal Basic Personal Amount 2004 $8,012 2005 $8,648 2006 $9,039 2007 $9,600 2008 $9,600 2009 $10,320 2010 $10,382 2004 16.00% Tax Rate 2005 & 2007-2010 15.00% 2006 15.25%

15

Source: Dayarayan centre of tax research

The tax rate tables show the combined federal plus provincial/territorial marginal tax rate for 4 different types of income - the 2 types of Canadian dividends, capital gains, and all other income. The other income column shows the actual tax rates for each tax bracket. A person's marginal tax rate is the tax rate that will be applied to the next dollar earned. The marginal tax rates on capital gains and Canadian dividend income are lower than on other types of income, because: only 50% of capital gains are included in taxable income Either 125% or 145% of Canadian dividends are included in taxable income, but a dividend tax credit is deducted from taxes payable. See the Dividend Tax Credit page for more information. Other income includes income from employment, self-employment, interest from Canadian or foreign sources, foreign dividend income, etc. With some marginal tax rate tables, the marginal tax rate at $60,000 for dividends is the rate that would apply if there was no income besides dividend income. This is not the way our tax rate tables work. In our tables, the marginal tax rates for capital gains and dividends at any income level (say $60,000) are the marginal rates on the next dollar of actual capital gains or actual dividend income, if the taxpayer has $60,000 of taxable income from sources other than dividends.

16

Example: the combined federal/BC marginal tax rate for a person earning $72,000 of employment income in 2009 would be 32.5% for employment income 16.25% for capital gains 3.68% for eligible Canadian dividends 18.71% for Canadian small business dividends

Employee does not pay GST/HST on taxable benefits The employee does not pay GST/HST you have to remit on taxable benefits. As explained in previous chapters, an amount for GST/HST has already been added to the taxable benefit reported on the employee's T4 slip. Example 1: Remitting GST/HST on automobile benefits in a non-participating province As a corporation registered for GST/HST, you buy a vehicle that is used more than 50% in commercial activities and is made available to your employee during 2009. The last establishment where the employee ordinarily reported in the year for the corporation was located in Ontario. You calculated a taxable benefit (including GST and PST) of $4,800 on the standby charge and an operating expense benefit of $600. Your employee reimbursed you $1,800 for the automobile operating expenses within 45 days following the end of 2009. You did not include this amount as a taxable benefit. You claimed an ITC for the purchase of the automobile and also on the operating expenses. Since the benefit is taxable under the Income Tax Act, and no situations described in the section Situations where we do not consider you to have collected GST/HST apply, you calculate the GST remittance as follows:

17

Standby charge benefit Taxable benefit reported on T4 GST considered to have been collected on the benefit Operating expense benefit Taxable benefit reported on T4 Employee's partial reimbursement of operating expenses Total value of the benefit GST considered to have been collected on the benefit Total GST to be remitted on the automobile benefit

$4,800 $4,800 $600 $1,800 $2,400 $2,400

4/104 =

$184.62

3% =

$72.00 $256.62

You are considered to have collected GST in the amount of $256.62 at the end of February 2010. You have to include this amount on your GST/HST return for the reporting period that includes the last day of February 2010. Example 2: Remitting GST/HST on automobile benefits in a participating province Using the same facts as in Example 1, assume that the last establishment to which the employee ordinarily reported in the year for the corporation was located in Nova Scotia. In this case, you would calculate the HST remittance as follows: Standby charge benefit Taxable benefit reported on T4 HST considered to have been collected on the benefit Operating expense benefit Taxable benefit reported on T4 Employee's partial reimbursement of operating expenses
18

$4,800 $4,800 $600 $1,800

12/112 =

$514.29

Total value of the benefit HST considered to have been collected on the benefit Total HST to be remitted on the automobile benefit

$2,400 $2,400

9% =

$216.00 $730.29

You are considered to have collected HST in the amount of $730.29 at the end of February 2010. You have to include this amount on your GST/HST return for the reporting period that includes the last day of February 2010.

Example 3: Long service award You bought a watch for $560 (including GST/HST and PST) for your employee to mark the employee's 25 years of service. You reported a taxable benefit of $560 in box 14 and under code 40 on the employee's T4 slip. You could not claim an ITC because you bought the watch for the employee's exclusive personal use and enjoyment. Since you cannot claim an ITC, you are not considered to have collected GST/HST and, as a result, you will not have to remit GST/HST on the benefit.

Example 4: Special clothing You provided your employee with safety footwear designed to protect him or her from particular hazards associated with his or her employment. Since we do not consider the footwear to be a taxable benefit to the employee for income tax purposes, you are not considered to have collected GST/HST on the footwear and you do not have to remit GST/HST. However, you can claim an ITC for any GST/HST you paid on the footwear.

19

Benefits Chart
This chart indicates whether the taxable allowances and benefits discussed in this guide are subject to CPP and EI withholdings, and shows which codes you should use to report them on the employee's T4 slip. The chart also indicates whether GST/HST has to be included in the value of the taxable benefit for income tax purposes. Cash reimbursements and non-cash benefits are subject to GST/HST, unless they are for exempt or zero-rated supplies. Cash allowances are not subject to GST/HST. Taxable allowance or benefit Automobile and motor vehicle allowances Automobile standby charge and operating expense benefits Board and lodging, if cash earnings also paid in the pay period Board and lodging, if no cash earnings paid in the pay period Cellular phone service in cash Cellular phone service non-cash Child care expenses in cash Child care expenses non-cash Counseling services in cash Counseling services non-cash Disability-related employment benefits in cash
20

CPP EI Code GST/HST yes yes yes yes yes yes yes yes yes yes yes yes no yes no yes no yes no yes no yes 40 34 30 30 40 40 40 40 40 40 40 no yes
[Note 1] [Note 1]

yes yes yes yes

[Note 2] [Note 2]

yes

Disability-related employment benefits non-cash Discounts on merchandise and commissions on sales Educational allowances for children Gifts and awards in cash Gifts and awards non-cash/near-cash Group term life insurance policies: Employer-paid premiums Housing, rent-free or low-rent in cash Housing, rent-free or low-rent non-cash Interest-free and low-interest loans [Note 5] Internet service (at home) in cash Internet service (at home) non-cash Meals Overtime allowances Meals Overtime in cash Meals Overtime non-cash Meals Subsidized Medical expenses in cash Medical expenses non-cash Moving expenses and relocation benefits in cash Moving expenses and relocation benefits non-cash Moving expenses non accountable allowance over $650 Municipal officer's expense allowance
[Note 7]

yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes

no no yes yes no no yes

[Note 4]

40 40 40 40 40 40 30 30 36 40 40 40 40 40 30 40 40 40 40 40 40

yes yes no no yes no

[Note 3] [Note 3]

no yes no yes yes no no yes no yes no yes no

no yes yes no yes yes yes

[Note 6] [Note 6]

yes yes no no

21

Parking in cash Parking non-cash Premiums under provincial hospitalization, medical care insurance, and certain federal government plans in cash Premiums under provincial hospitalization, medical care insurance, and certain federal government plans non-cash Professional membership dues in cash Professional membership dues non-cash Recreational facilities in cash Recreational facilities non-cash Recreational facilities club membership dues Registered retirement savings plan (RRSP) contributions Registered retirement savings plan (RRSP) administration fees Scholarships and bursaries Security options
[Note 9]

yes yes

yes no yes yes no yes no yes no no yes no yes no yes no yes no yes no

40 40 40 40 40 40 40 40 40 40 40 40 40 38 40 40 40 40 40 40

yes yes yes no no

[Note 8] [Note 8]

Power saws and tree trimmers rental paid by employer for employee-owned tools yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes no

[Note 8]

no no no yes no yes no
[Note 10]

Social events in cash Social events non-cash Spouse or common-law partner's travelling expenses cash allowance Spouse or common-law partner's travelling expenses non-cash Tax-Free Savings Account contributions Tax-Free Savings Account administration fees
22

Tool allowance Tool reimbursement Transit passes in cash Transit passes non-cash Transportation to and from the job in cash Transportation to and from the job non-cash Travel assistance in a prescribed zone Tuition fees in cash Tuition fees non-cash Uniforms and special clothing in cash Uniforms and special clothing non-cash Wage-loss replacement or income maintenance non-group plan premiums
[Note 11]

yes yes yes yes yes yes yes yes yes yes yes yes yes

yes yes yes no yes no yes yes yes no yes no no

40 40 40 40 40 40 32 40 40 40 40 40 40

no yes yes yes yes yes yes no

[Note 10] [Note 10]

Travelling allowances to a part-time employee and other employees

yes yes no

Notes 1 The rent portion of the lodging benefit is subject to GST/HST if the dwelling is occupied for less than one month; the utility portion is subject to GST/HST unless municipality supplied. 2 Certain counseling services are subject to GST/HST. If the services you pay are subject to GST/HST, include the GST/HST in the value of the benefit. 3 The rent portion of the housing benefit is subject to GST/HST if the dwelling is occupied for less than one month; the utility portion is subject to GST/HST unless municipality supplied. 4 If it is a non cash benefit, it is insurable if it is received by the employee in addition to cash earnings in a pay period. If no cash earnings are paid in the pay period, it is not insurable.
23

5 6 7 8

9 10

11

Enter the home relocation loan deduction under code 37. Some medical expenses are subject to GST/HST. For more information,. Enter the exempt amount under code 70. Certain fees are subject to GST/HST. If the fees you pay are subject to GST/HST, include it in the value of the benefit. Enter the amount of the security options deduction under code 39 or 41, as applicable. Certain fees are subject to GST/HST. If the fees you pay are subject to GST/HST, include it in the value of the benefit. Enter the amount of medical travel assistance under code 33. (Source: Employers' Guide Taxable Benefits and Allowances 2009)

24

Total average household expenditure by province 2007 $ Canada Newfoundland and Labrador Prince Edward Island Nova Scotia New Brunswick Quebec Ontario Manitoba Saskatchewan Alberta British Columbia 69,950 55,010 55,570 59,990 58,210 57,310 76,650 63,300 63,940 85,910 72,620 71,360 57,710 58,710 60,330 58,440 60,480 77,310 63,510 68,280 86,910 73,120 2008 2007 to 2008 % change 2.0 4.9 5.7 0.6 0.4 5.5 0.9 0.3 6.8 1.2 0.7

Average total expenditure and shares of spending of major categories for provinces, 2008 Average household spending $ Canada Newfoundland and Labrador Prince Edward Island Nova Scotia New Brunswick Quebec Ontario Manitoba Saskatchewan Alberta British Columbia 71,360 57,710 58,710 60,330 58,440 60,480 77,310 63,510 68,280 86,910 73,120 10.4 11.7 11.5 11.3 11.2 12.2 9.7 10.2 9.2 8.9 10.9 19.9 16.5 19.0 18.6 17.2 18.5 21.2 18.2 17.2 19.0 20.8 Food Shelter Clothing 4.0 4.7 3.6 3.7 3.5 3.9 4.2 3.9 3.8 3.8 4.0 Transportation 13.6 15.6 15.2 14.7 17.0 13.2 13.1 14.3 16.0 14.0 13.8 Personal taxes2 20.5 18.0 16.2 17.9 17.8 20.5 21.2 18.8 19.1 21.9 18.7

Shares of spending1(%)

1.Shares of spending represent the proportions of total average household spending. 2.Percentage of spending on personal taxes depends on provincial and federal income tax rates as well as household income distribution.

25

GST/HST Notices-Notice 246

December 2009
Source: http://www.cra-arc.gc.ca/E/pub/gi/notice246/notice246-e.html

Harmonized Sales Tax for British Columbia Questions and Answers on Housing Rebates and Transitional Rules for Housing and Other Real Property Situated in British Columbia NOTE: This notice replaces the earlier version dated October 2009 and entitled Harmonized Sales Tax Questions and Answers on Transitional Rules for NonResidential Real Property Situated in British Columbia. It has been revised to add and update the questions and answers following a recent information notice released by the Government of British Columbia that addresses the transitional rules for residential real property. On July 23, 2009, the Government of British Columbia announced its plans to implement a Harmonized Sales Tax (HST), which, subject to legislative approval by the British Columbia (B.C.) legislature, would come into effect on July 1, 2010, and be administered by the Canada Revenue Agency (CRA). This publication provides questions and answers that reflect the proposed tax changes as announced in the Ministry of Finance Tax Information Notices, HST Notice #1 General Transition Rules for British Columbia HST issued by the Government of British Columbia on
26

October 14, 2009 and HST Notice #3 Residential Housing New Housing Rebates and Transitional Rules for British Columbia HST issued by the Government of British Columbia on November 18, 2009. Any commentary in this publication should not be taken as a statement by the CRA that these proposed changes will be enacted in their current form.

Table of Contents
Residential real property
o o o

o o o o o o o

General Application of the HST to new housing Grandparented sales of housing Assignment of purchase and sale agreements for grandparented housing Resellers of housing Sales of housing purchased on a grandparented basis by a first reseller Resellers of housing Sales of housing purchased on a grandparented basis by a subsequent reseller Self-assessment requirements New housing rebates Provincial sales tax (PST) transitional new housing rebates Transitional tax adjustment for houses and residential condominiums Application of the HST to new rental housing New residential rental property rebates Builders' disclosure requirements Resellers' disclosure requirements

Non-residential real property

27

o o o o

Sales of non-residential real property Leases of non-residential real property General rule Progress payments Holdbacks

Additional questions and answers related to real property

Residential real property Note: For purposes of this document, the word house means both the building and land portions of the house, unless otherwise specified. In applying the arm's length test in this notice, aunts and uncles would be considered to be related to their nieces and nephews. A specified related party is any person who is not dealing at arm's length with, or who is a person associated with, the original builder. Associated is defined in section 127 of the Excise Tax Act.

General What is the current provincial sales tax (PST) treatment for new housing in B.C.? For information relating to the current application of the PST in B.C., you may visit the Government of British Columbia Web site at www.gov.bc.ca, call 604-660-4524 if you are located in Vancouver or 1-877-388-4440 toll-free elsewhere in B.C., or send your questions by email to CTBTaxQuestions@gov.bc.ca.
28

1. What is the proposed treatment for sales of residential housing in B.C. under a harmonized sales tax (HST)? The HST at 12%, composed of a federal part at 5% and a provincial part at 7%, would apply to a builder's sale of a newly constructed or substantially renovated residential complex, including a multiple unit residential complex (e.g., an apartment building). The sale of housing that has been previously occupied by an individual as a place of residence and that is exempt from GST would also be exempt for purposes of the HST. The definitions in the Excise Tax Act that relate to housing (e.g., builder, residential complex, residential unit, residential condominium unit, substantial renovation) and the CRA's current policies regarding the application of the GST to housing, would generally apply under the HST. 2. I am selling my house and the sale is exempt from GST. If the closing date for the sale of my house is after June 2010, would the sale of the house be exempt under the HST? Yes. The sale of your previously occupied house would be exempt under the HST and you would not be required to charge or collect the HST. 3. I am a builder and I am registered for GST/HST purposes. I currently claim input tax credits (ITCs) for the 5% GST that I pay on the lumber I purchase to build new houses. Would I be able to claim ITCs for the 12% HST paid on lumber purchased after June 2010? Yes. You would be able to claim an ITC for the 12% HST paid on your purchase of lumber and other construction materials that you use to construct new housing.
29

Application of the HST to new housing 5. When would the HST apply to a sale of a residential complex? Generally, the HST would apply to a builder's taxable supply by way of sale of a newly constructed or substantially renovated residential complex where both ownership and possession of the complex are transferred to the purchaser under the agreement for the supply after June 2010. If either ownership or possession is transferred to the purchaser before July 2010, the HST would not apply. This general rule applies to sales of all housing types, including residential condominium units, mobile homes and floating homes. An exception exists for certain types of housing if, among other conditions, a written agreement of purchase and sale was entered into on or before November 18, 2009 see the section below on grandparented sales of housing. The HST would generally be payable on the earlier of the day ownership or possession of the residential complex is transferred to the purchaser. In the case of a residential condominium unit, if possession of the unit is transferred before the condominium has been registered under the Strata Property Act [S.B.C. 1998], the HST would generally become payable on the earlier of the day ownership of the unit is transferred or the day that is 60 days following the date of registration. 6. A builder and a purchaser enter into a written agreement of purchase and sale in December 2009 for a newly constructed house. The agreement provides that ownership and possession of the house will transfer to the purchaser on July 14, 2010. The builder is not a reseller. Would the HST apply to the sale?

30

Yes. Since the written agreement of purchase and sale is entered into after November 18, 2009, and both ownership and possession of the house transfer to the purchaser after June 2010, the HST at 12% would apply to the sale. If the construction of the house is at least 10% complete as of July 1, 2010, the purchaser would be entitled to claim a PST transitional new housing rebate see the section below on PST transitional new housing rebates. The purchaser may also be entitled to claim a GST new housing rebate in respect of the federal part of the HST and a B.C. new housing rebate in respect of the provincial part of the HST provided that all of the conditions for each of these rebates are met see the section below on new housing rebates. For more information on resellers, see the section below on resellers of housing. 7. When would the HST not apply to a sale of a newly constructed or substantially renovated residential complex? Generally, the HST would not apply to a builder's taxable supply by way of sale of a newly constructed or substantially renovated residential complex where either ownership or possession of the complex is transferred, under a written agreement of purchase and sale, to the purchaser before July 2010, regardless of when the purchase and sale agreement was entered into. However, GST at 5% would apply. The HST would also not apply if the sale of the newly constructed or substantially renovated residential complex is grandparented see the sections below on grandparented sales of housing and resellers of housing. However, GST at 5% would apply to the sale of the complex. 8. A builder and a purchaser enter into a written agreement of purchase and sale on December 3, 2009 for a newly constructed house. The agreement provides
31

that ownership and possession of the house will transfer to the purchaser in May 2010. Would the HST apply to the sale? No. If ownership or possession (or both) of the house transfers to the purchaser in accordance with the written agreement before July 2010, the HST would not apply. However, the GST at 5% would apply to the sale of the house. 9. I entered into a written agreement of purchase and sale for a newly constructed house with a builder on June 5, 2009. I take ownership and possession of the house, in accordance with the agreement, in May 2010. Would the HST apply to the sale? No. If ownership or possession (or both) of the house transfers to you in accordance with the written agreement before July 2010, the HST would not apply, regardless of when the purchase and sale agreement was entered into. However, the GST at 5% would apply to the sale of the house. 9.1 I entered into a written agreement of purchase and sale in December 2009 for a newly constructed residential condominium unit. The agreement provides that possession of the unit will transfer to me in May 2010 but ownership will only be transferred after July 1, 2010, following the registration of the condominium complex. Would the HST apply to the sale? No. If ownership or possession (or both) of the residential condominium unit transfers to you in accordance with the written agreement before July 2010, the HST would not apply. However, the GST at 5% would apply to the sale of the residential condominium unit. Grandparented sales of housing
32

10. What is a grandparented sale of a house? Where a written agreement of purchase and sale for a newly constructed or substantially renovated detached house, semi-detached house, attached house, residential condominium unit or condominium complex was entered into on or before November 18, 2009, the sale would generally be grandparented if both ownership and possession of the housing transfer to the purchaser, under the agreement, after June 2010. In this case, the provincial part of the HST would not be payable on the sale. Only the federal part of the HST would apply, i.e., the sale would be subject to the GST at 5%. In the case of a detached house, semi-detached house or attached house, the purchaser must be an individual in order for the grandparenting rule to apply. In the case of residential condominiums, the grandparenting rule would apply to all purchasers, including individuals. While a grandparented sale of housing is not subject to the HST, the builder would be required to remit a transitional tax adjustment if the construction straddles the July 1, 2010 implementation date and the construction is less than 90% complete as of July 1, 2010. The transitional tax adjustment is intended to approximate the amount of the PST that would have been paid in respect of the construction costs incurred after June 2010 see the section below on the transitional tax adjustment for houses and residential condominiums. For information on the assignment of a purchase and sale agreement for a grandparented house, see the section below on assignments of purchase and sale agreements for grandparented housing. For information on resellers of housing, see the sections below on resellers of housing. 11. Are there any exceptions to the grandparenting rule?
33

Yes. For example, newly constructed or substantially renovated houses built by owners for their personal use, as well as duplexes, traditional apartment buildings, mobile homes and floating homes would not be grandparented under the transitional rules for purchases of new housing, as the transitional rules would apply differently to these houses. Modular homes are considered to be mobile homes for GST/HST purposes provided they meet certain criteria including that the manufacture or assembly of the modular home is substantially completed prior to being moved to a site. For more detailed information refer to GST/HST Policy Statement P-223, Meaning of manufacture or assembly of which is completed or substantially completed in the definition of mobile home. Reference should also be made to the sections below on assignments of purchase and sale agreements for grandparented housing and on resellers of housing. 12. I entered into a written agreement of purchase and sale for a new house with a builder on October 31, 2009. I take ownership and possession of the house, in accordance with the agreement, in August 2010. The builder is not a reseller. Would the HST at 12% apply to the sale? Generally, no. The purchase of the house would normally be grandparented since the written agreement of purchase and sale was entered into on or before November 18, 2009 and both ownership and possession of the house are transferred after June 2010. However, the sale of the house would be subject to the GST at 5%. 13. I am a builder and I am registered for GST/HST purposes. I am constructing a house whose sale would be grandparented and the construction of this house straddles the July 1, 2010 implementation date for the HST. Would I be able to claim ITCs for the HST paid on
34

lumber and other construction materials purchased after June 30, 2010 that will be used to complete the construction of this grandparented house? Yes. Even if the sale of the house would normally be grandparented, you would be entitled to claim ITCs for the 12% HST paid on the lumber and other construction materials used in the construction. If the construction of the house is less than 90% complete as of July 1, 2010, you would be required to account for a transitional tax adjustment in calculating your net tax remittance see the section below on transitional tax adjustment for houses and residential condominiums. 14. After entering into a written agreement of purchase and sale on November 1, 2009 for a newly constructed house, the purchaser requests that upgrades be made to the house. Ownership and possession of the house will transfer to the purchaser under the agreement on September 10, 2010. The builder is not a reseller. Would the HST apply to the additional amount payable for the upgrades? Upgrades to a house will generally result in modifications to the existing agreement such that the upgrades form part of the written agreement for the purchase and sale of the house. In such a case, the tax applicable to the purchase of the house would prevail. In this case, since a written agreement of purchase and sale was entered into on or before November 18, 2009, and ownership and possession will transfer to the purchaser after June 2010, the HST would not apply. However, the GST at 5% would apply on the total amount payable for the house, including the amount payable for the upgrades. Where an existing agreement of purchase and sale is modified, varied or otherwise materially altered to such an extent that it is considered to be a new agreement, the application of the transitional rules will be based on the date that the new agreement is
35

entered into. Reference should be made to GST/HST Policy Statement P-249, Agreements and Novation. If a purchaser and a builder renegotiate the terms of a written agreement of purchase and sale for new housing, that was entered into on or before November 18, 2009, and enter into a new agreement after November 18, 2009, the transitional rules would apply based on the date that the new agreement was entered into. 14.1 After entering into a written agreement of purchase and sale for a newly constructed house on October 10, 2009 for a house that is to be built on lot 22, the purchaser and the builder renegotiate the terms of the agreement on November 25, 2009, such that the house will now be built on lot 8 as opposed to lot 22. Ownership and possession will transfer to the purchaser under this new agreement on July 15, 2010. Would the HST apply to the sale of the house? Yes. The HST at 12% would apply to the sale of the house since the written agreement of purchase and sale for the house is entered into after November 18, 2009, and both ownership and possession are transferred after June 2010. The transitional rules would apply based on the new agreement entered into on November 25, 2009 in respect of the house to be constructed on lot 8. Assignment of purchase and sale agreements for grandparented housing 14.2 A builder (referred to as the "original builder") and a purchaser enter into a written agreement of purchase and sale for a newly constructed residential condominium unit on October 4, 2009. In accordance with the agreement of purchase and sale for the condominium unit, ownership and possession of the unit will transfer to the purchaser on July 15, 2010. Would the HST apply to the
36

sale of the condominium unit if the purchaser assigns its rights under the agreement to a third party? Generally, no. Where a written agreement of purchase and sale for a grandparented housing is assigned to a third party (assignee), the housing will remain grandparented provided that the assignee receives ownership and possession of the grandparented housing from the original builder, under the agreement with the original builder, after June 2010 and:

there is no novation of the agreement; the purchaser and the original builder are dealing at arm's length or are not associated; and the original builder or a specified related party does not acquire or reacquire by way of sale any legal or beneficial interest in the housing.

Where all of the above conditions are met, the sale of the residential condominium unit from the original builder to the assignee would be grandparented since the written agreement of purchase and sale was entered into on or before November 18, 2009 and both ownership and possession of the condominium unit are transferred after June 2010. As such, the HST would not apply. However, the sale of the condominium unit would be subject to the GST at 5%. 14.3 After entering into a written agreement of purchase and sale on October 1, 2009 for a newly constructed house with a builder (referred to as the "original builder"), the purchaser who is an individual assigns its rights under the purchase and sale agreement to an unrelated third party (assignee) for $10,000 on December 15, 2009. In accordance with the agreement of purchase and sale
37

for the house, ownership and possession of the house will transfer to the purchaser/assignee from the original builder on July 15, 2010. There is no novation of the agreement. The original builder and the purchaser are not associated and are dealing at arm's length. Would the assignee be required to pay the HST on the purchase of the house? Would the assignee be required to pay the HST to the purchaser on the $10,000 paid in accordance with the assignment agreement entered into on December 15, 2009? The sale of the house by the original builder would remain grandparented since the conditions for grandparenting when there is an assignment of a purchase and sale agreement are met, and the written agreement of purchase and sale was entered into on or before November 18, 2009 with both ownership and possession of the house being transferred after June 2010. As such, the HST would not apply on the purchase of the house from the original builder. However, the sale of the house would be subject to the GST at 5%. The $10,000 paid under the assignment agreement is consideration paid for an interest in the house supplied by the purchaser to the assignee. For GST/HST purposes, the supply of an interest in real property is a supply of real property. If the purchaser is a builder for GST/HST purposes, the supply would be subject to the GST/HST. However, since ownership of the interest transfers to the purchaser under the assignment agreement on December 15, 2009, the HST would not apply. The GST at 5% would apply to the $10,000 paid to the purchaser. Resellers of housing Sales of housing purchased on a grandparented basis by a first reseller

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14.4 A builder (referred to as the "original builder") and a purchaser enter into a written agreement of purchase and sale for a newly constructed residential condominium unit on October 4, 2009. In accordance with the agreement of purchase and sale for the condominium unit, ownership and possession of the unit will transfer to the purchaser on July 15, 2010. If the purchaser resells the condominium unit, would the HST apply to the sale of the condominium unit? A first reseller is the first purchaser that enters into a written agreement of purchase and sale for grandparented housing with the original builder. Where the sale of the housing by the first reseller is taxable for GST purposes, the HST would not apply to the sale (i.e., the sale of the housing would be grandparented) if all of the following conditions are met:

the first reseller obtained possession of the housing from the original builder after the construction or substantial renovation was substantially completed; the original builder and the first reseller are dealing at arm's length and are not associated; the first reseller: o is a builder of the housing only because of paragraph (d) of the definition of "builder" in the Excise Tax Act, or o is a builder of the housing only because of paragraphs (b) and (d) of the definition of "builder" in the Excise Tax Act and the construction or renovation completed by the first reseller is not greater than 10% of the total construction or substantial renovation that was completed when the housing was sold by the first reseller; and

39

the original builder or a specified related party does not acquire or reacquire by way of sale any legal or beneficial interest in the housing.

In this case, the purchaser is a first reseller of the residential condominium unit. Where all of the above conditions are met, the HST would not apply to the sale of the residential condominium unit by the first reseller. However, the sale of the condominium unit would be subject to the GST at 5%. See question 54.1 for information on the disclosure requirements for resellers. 14.5 A builder (referred to as the "original builder") and a purchaser who is an individual enter into a written agreement of purchase and sale for a newly constructed house on October 18, 2009. In accordance with the agreement of purchase and sale for the house, ownership and possession of the house will transfer from the original builder to the purchaser on July 15, 2010. The purchaser acquires the house for resale. The construction of the house is substantially completed on July 10, 2010. The purchaser does not complete any of the construction. The original builder and the purchaser are not associated and are dealing at arm's length. On July 20, 2010, the purchaser sells the house to an unrelated third party. The house has not been occupied by an individual. Would the sale of the house to the third party be subject to the HST? No. The purchaser is a first reseller of the house. As such, the sale of the house by the first reseller would not be subject to the HST since the conditions for grandparenting in the case of a first reseller are met and the original written agreement of purchase and sale for the house was entered into on or before November 18, 2009 with both ownership and
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possession of the house being transferred under the agreement after June 2010. The sale of the house to the unrelated third party would be subject to the GST at 5%. For information on disclosure requirements for resellers, see question 54.1. 14.6 Where the HST applies to a sale of a house that was purchased on a grandparented basis by a first reseller, would the first reseller be entitled to claim an ITC or a rebate to recover the transitional tax adjustment and/or PST that may be embedded in the amount paid by the first reseller to purchase the house? Yes. Where the HST applies to the sale of the house by the first reseller, the first reseller would be entitled to claim an ITC or a rebate equal to 2% of the consideration paid by the first reseller to purchase the house from the original builder on a grandparented basis. The amount of the ITC or rebate represents the estimated PST and/or the transitional tax adjustment amount considered to be collected by the original builder and embedded in the price paid by the first reseller to purchase the house. 14.7 A builder (referred to as the "original builder") and a purchaser, who is an individual, enter into a written agreement of purchase and sale for a newly constructed house on October 18, 2009 for $400,000. In accordance with the agreement of purchase and sale for the house, ownership and possession of the house will transfer from the original builder to the purchaser on July 15, 2010. The purchaser is a GST/HST registrant who acquires the house for resale. The construction of the house is substantially completed on July 10, 2010. The purchaser does not complete any of the construction. The original builder and the purchaser are associated. On July 20, 2010, the purchaser sells the house to an
41

unrelated third party for $435,000. The house has not been occupied by an individual. Would the sale of the house to the third party be subject to the HST? Yes. Although the purchaser is a first reseller of the house, the conditions for grandparenting in the case of a first reseller are not met given that the original builder and the first reseller are associated. As such, the sale of the house by the first reseller would be subject to the HST at 12%. Given that the sale of the house by the first reseller would be subject to the HST, the first reseller would be entitled to claim an ITC equal to $8,000 (i.e., 2% of $400,000 - the consideration paid by the first reseller to the original builder to purchase the house on a grandparented basis). Resellers of housing Sales of housing purchased on a grandparented basis by a subsequent reseller 14.8 A builder (referred to as the "original builder") and a first reseller enter into a written agreement of purchase and sale for a newly constructed residential condominium unit on October 4, 2009. In accordance with the agreement of purchase and sale for the condominium unit, ownership and possession of the unit will transfer to the first reseller on July 15, 2010. The first reseller sells the condominium unit to an unrelated third party. If the third party sells the condominium unit, would the HST apply to the sale of the condominium unit? Where the sale of the housing that was purchased on a grandparented basis by a subsequent reseller is taxable for GST purposes, the HST would not apply to the sale (i.e., the sale would be grandparented) if all of the following conditions are met:
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the purchase of the housing by the subsequent reseller was not subject to the HST; the subsequent reseller: o is a builder of the housing only because of paragraph (d) of the definition of "builder" in the Excise Tax Act, or o is a builder of the housing only because of paragraphs (b) and (d) of the definition of "builder" in the Excise Tax Act and the construction or renovation completed by the first reseller is not greater than 10% of the total construction or substantial renovation that was completed when the housing was sold by the first reseller; and the original builder or a specified related party does not acquire or reacquire by way of sale any legal or beneficial interest in the housing.

In this case, the third party is a subsequent reseller of the residential condominium unit. Where all of the above conditions are met, the HST would not apply to the sale of the condominium unit by the subsequent reseller. However, the sale of the condominium unit would be subject to the GST at 5%. See question 54.1 for information on the disclosure requirements for resellers. Self-assessment requirements 14.9 What are the tax consequences if the original builder or a specified related party acquires a legal or beneficial interest in housing that was newly constructed or substantially renovated by the original builder and sold by the original builder on a grandparented basis?
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Where the original builder or a specified related party acquires from any person by way of a taxable sale, a legal or beneficial interest (including a sale by way of reversion or the exercise of an option or a right of first refusal) in housing previously supplied on a grandparented basis by the original builder, the original builder or the specified related party, as the case may be, would be required to self-assess and pay the provincial part of the HST in respect of the interest. In this case, the original builder or the specified related party, as the case may be, would generally be entitled to claim an ITC or a rebate equal to 2% of the consideration paid to the original builder on the first grandparented sale of the housing. New housing rebates 15. Would a new housing rebate be available for the provincial part of the HST? The B.C. new housing rebate would be available in respect of the provincial part of the HST paid on the purchase of a newly constructed or substantially renovated house. Where the house is purchased for use as the primary place of residence of the purchaser or a relation of the purchaser and the remaining conditions for claiming a GST new housing rebate are met*, the purchaser would be entitled to claim a B.C. new housing rebate of 71.43% of the provincial part of the HST, subject to a maximum rebate amount. In the case of the purchase of a house, the maximum rebate amount is $26,250. See question 19, for maximum rebate amounts for other types of housing. The B.C. new housing rebate would be available regardless of the purchase price of the house. (* Note that the $450,000 threshold that applies for the GST new housing rebate would not apply to the B.C. new housing rebate).

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The B.C. new housing rebate would be available for the same types of residential properties for which a GST new housing rebate is currently available. Qualifying housing would include newly constructed and substantially renovated housing, co-operative housing, owner-built housing, mobile homes, floating homes and housing on leased land. 16. I entered into a written agreement of purchase and sale for a new house with a builder on October 31, 2009. I take ownership and possession of the house, in accordance with the agreement, in August 2010. Would I be entitled to claim a B.C. new housing rebate? No. If the sale of the house is grandparented (see the section above on grandparented sales of housing), the HST at 12% would not apply. However, the sale of the house would be subject to the GST at 5%. You may be entitled to claim a GST new housing rebate provided that you meet all of the conditions for claiming this rebate. Refer to GST/HST Guide RC4028, GST/HST New Housing Rebate for more information on the new housing rebate in respect of the GST. 17. I entered into a written agreement of purchase and sale for a new house on November 30, 2009. The house will be my primary place of residence and I meet all of the conditions for claiming a GST new housing rebate. I take ownership and possession of the house, in accordance with the agreement, in August 2010. Would I be entitled to claim a B.C. new housing rebate? Yes. The sale of the house would be subject to the HST at 12% and you would be entitled to claim a B.C. new housing rebate in respect of the provincial part of the HST, up to a maximum rebate amount of $26,250.

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18. If I am entitled to claim a B.C. new housing rebate, would I still be able to claim a new housing rebate for the federal part of the HST? Provided that you meet all of the conditions for claiming the GST new housing rebate, you would be entitled to claim a rebate for the federal part of the HST. For example, if you purchased a new house for $300,000 to use as your primary place of residence, you would pay the HST of $36,000. If you meet all of the other conditions for claiming the rebate, you would be entitled to claim a GST new housing rebate of $5,400 in respect of the federal part of the HST and a B.C. new housing rebate of $15,000 in respect of the provincial part of the HST. If you purchased a house for $450,000 or more, you would not be entitled to claim a GST new housing rebate in respect of the federal part of the HST. However, if you meet all of the other conditions for claiming the rebate, you would be entitled to claim a B.C. new housing rebate in respect of the provincial part of the HST. 19. If all of the conditions for claiming the rebate are met, how would the B.C. new housing rebate in respect of the provincial part of the HST be calculated? Purchase of a house For purchases of newly constructed or substantially renovated houses, the B.C. new housing rebate would be equal to 71.43% of the provincial part of the HST paid on the purchase, up to a maximum rebate amount of $26,250. There would be no phase out of this rebate, such that homes priced above $525,000 would qualify for the maximum rebate amount of $26,250. This rebate would essentially reduce the provincial part of the HST to a rate of 2% on the first $525,000 of the purchase price of the house.
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Purchase of house together with lease of land For purchases of newly constructed or substantially renovated houses together with land leased from the builder, the B.C. new housing rebate would be equal to 4.47% of the price paid for the building portion of a house on leased land, up to a maximum rebate amount of $26,250. There would be no phase out of this rebate. If the price paid for the building portion of the newly constructed or substantially renovated house is above $588,000, the house would qualify for the maximum rebate amount of $26,250. Purchase of mobile or floating home For purchases of newly constructed or substantially renovated mobile homes and floating homes, the B.C. new housing rebate would be equal to 71.43% of the provincial part of the HST paid, up to a maximum rebate amount of $26,250. There would be no phase out of this rebate, such that mobile and floating homes priced above $525,000 would qualify for the maximum rebate amount of $26,250. Purchase of shares in a housing co-op For newly constructed or substantially renovated houses in a cooperative housing complex acquired by purchasing qualifying shares in the cooperative housing corporation, the B.C. new housing rebate would be equal to 4.47% of the price paid for the qualifying share, up to a maximum rebate amount of $26,250. There would be no phase out of this rebate, such that a qualifying share priced above $588,000 would qualify for the maximum rebate amount of $26,250. Owner-built housing
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For owner-built housing, the maximum B.C. new housing rebate amount would depend on whether the individual paid the provincial part of the HST on the purchase of the land upon which the individual constructed or substantially renovated the housing.

Where the provincial part of the HST was paid on the purchase of the land, the B.C. new housing rebate would be equal to 71.43% of the provincial part of the HST paid, up to a maximum rebate amount of $26,250. There would be no phase out of this rebate, such that owner-built homes with a fair market value above $525,000 would qualify for the maximum rebate amount of $26,250. Where the provincial part of the HST was not paid on the purchase of the land, the B.C. new housing rebate would be equal to 71.43% of the provincial part of the HST paid, up to a maximum rebate amount of $17,588.

The rebate for owner-built housing would be available for purchases of newly constructed or substantially renovated mobile or floating homes and for housing constructed or substantially renovated by an individual or a person hired by the individual to do so, for use as the primary place of residence of the individual or a relation of the individual. 20. Assuming I would be entitled to claim the B.C. new housing rebate in respect of the provincial part of the HST, what would the rebate amount be where the purchase price of the house, not including the HST and any rebates, is: (a) $300,000? (b) $400,000?
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(c) $500,000? (d) $600,000? The B.C. new housing rebate would be available in respect of the provincial part of the HST paid for the house, up to a maximum rebate amount of $26,250. The rebate would be available for houses in all price ranges provided that all of the conditions for claiming the rebate are met (e.g., a new house purchased in B.C. for use as the primary place of residence of the purchaser or a relation of the purchaser). (a) $15,000 Where the purchase price of the house, not including the HST and any rebates, is $300,000, the HST payable would be $36,000, composed of the federal part at 5% ($15,000) and the provincial part at 7% ($21,000). The B.C. new housing rebate in respect of the provincial part of the HST would be equal to $15,000 in this case (i.e., 71.43% of $21,000). Note that the GST new housing rebate would also be available in respect of the federal part of the HST paid on the purchase of the house. In this case, the GST new housing rebate would be equal to $5,400 (i.e., 36% of $15,000). (b) $20,000 Where the purchase price of the house, not including the HST and any rebates, is $400,000, the HST payable would be $48,000, composed of the federal part at 5% ($20,000) and the provincial part at 7% ($28,000). The B.C. new housing rebate for the provincial part of the HST would be equal to $20,000 in this case (i.e., 71.43% of $28,000). Note that the GST new housing rebate would also be available in respect of the federal part of the HST paid on the purchase of the house. In this case, the GST new housing rebate would be equal to $3,150 (i.e., $6,300 [($450,000 $400,000) $100,000]). (c) $25,000 Where the purchase price of the house, not including the HST and any rebates, is $500,000, the HST payable would be $60,000, composed of the federal part at
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5% ($25,000) and the provincial part at 7% ($35,000). The B.C. new housing rebate for the provincial part of the HST would be equal to $25,000 in this case (i.e., 71.43% of $35,000). There is no GST new housing rebate in respect of the federal part of the HST paid on the purchase of a house where the purchase price is $450,000 or more. (d) $26,250 Where the purchase price of the house, not including the HST and any rebates, is $600,000, the HST payable would be $72,000, composed of the federal part at 5% ($30,000) and the provincial part at 7% ($42,000). The B.C. new housing rebate for the provincial part of the HST would be equal to $26,250 in this case (i.e., 71.43% of $42,000, to a maximum rebate of $26,250). There is no GST new housing rebate in respect of the federal part of the HST paid on the purchase of a house where the purchase price is $450,000 or more. 20.1 I am constructing a house for my family on land that I purchased in January 2009. I paid GST on the purchase of the land. I have paid GST on the construction materials used to date to construct the house. The construction of the house will be completed in September 2010 and I will likely pay the HST on some additional construction materials. Would I be entitled to claim a B.C. new housing rebate? Yes, you would be entitled to claim a B.C. new housing rebate for owner-built homes provided that you meet the same conditions, other than the maximum threshold amount of $450,000, that are in place for claiming the GST new housing rebate. The B.C. new housing rebate would be equal to 71.43% of the provincial part of any HST paid on your construction materials. Given that you have not paid the provincial part of the HST when you purchased the land, the maximum rebate amount that you would be entitled to claim is $17,588, regardless of the fair market value of your house when you complete the construction. You would also be entitled to claim a GST new housing rebate for the GST paid on the purchase of the land and construction materials and the federal part of the HST
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paid on the additional construction materials provided that the fair market value of the house does not exceed $450,000. 21. How would I claim the B.C. new housing rebate? The B.C. new housing rebate in respect of the provincial part of the HST would be administered by the CRA in a manner similar to the GST new housing rebate. Builders would be able to pay or credit the B.C. new housing rebate to the purchaser of a new house, just as they currently may pay or credit the GST new housing rebate. Individuals would also be able to file an application for the B.C. new housing rebate directly with the CRA if the builder does not pay or credit the rebate to the purchaser. A single rebate application for both the B.C. new housing rebate and the GST new housing rebate will be available on the CRA Web site by July 1, 2010. Individuals claiming the B.C. new housing rebate for owner-built housing would file an application directly with the CRA. A single rebate application for both the B.C. new housing rebate and the GST new housing rebate for owner-built housing will be available on the CRA Web site by July 1, 2010. The time limits for claiming a B.C. new housing rebate are the same as those for claiming a GST new housing rebate. Provincial sales tax (PST) transitional new housing rebates 22. Under what circumstances would a purchaser be entitled to claim a PST transitional new housing rebate?

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An individual who purchases a newly constructed or substantially renovated house would be entitled to claim a PST transitional new housing rebate where the construction or substantial renovation of the house straddles the July 1, 2010 implementation date and the HST is payable on the purchase (i.e., the sale of the house would not be grandparented and both ownership and possession of the house transfer to the individual after June 2010). See question 23 for the types of housing for which an individual would be entitled to claim a rebate. The construction or substantial renovation of the house must be at least 10% complete as of July 1, 2010 and the builder must certify the degree of completion of the construction or substantial renovation as of July 1, 2010, in order to be entitled to claim this rebate. The individual would be able to obtain the rebate from the builder or from the CRA. The rebate application for the PST transitional new housing rebate will be available on the CRA Web site by July 1, 2010. Where the rebate application is submitted to the builder, the builder is required to attach a valid provincial certificate to the rebate application when the builder submits the application to the CRA. See question 24 for more information with respect to the provincial certificate. In some cases, builders would be entitled to claim a PST transitional new housing rebate, see question 24. 23. Which types of housing qualify for the PST transitional new housing rebate that would be available to purchasers who are individuals? An individual who purchases a newly constructed or substantially renovated single detached house, semi-detached house, attached house (row house) or duplex (in each case, the individual must purchase both the building and land portions of the housing)
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would be entitled to claim a PST transitional new housing rebate where the construction or substantial renovation of the housing straddles the July 1, 2010 implementation date and the HST would be payable on the purchase (i.e., the sale of the housing would not be grandparented see the section above on grandparented sales of housing). The construction or substantial renovation of the housing must be at least 10% complete as of July 1, 2010. A PST transitional new housing rebate would not be available to purchasers of mobile homes, floating homes and residential condominiums. A PST transitional new housing rebate would also not be available for owner-built homes. 24. Under what circumstances would a builder be entitled to claim a PST transitional new housing rebate? A builder of newly constructed or substantially renovated rental housing such as a single detached house, semi-detached house, attached house (row house), duplex, residential condominium unit, traditional apartment building or an addition to an apartment building would be entitled to claim a PST transitional new housing rebate where the construction or substantial renovation of the housing straddles the July 1, 2010 implementation date and the HST would be payable in respect of a self-supply of the housing (i.e., possession of the housing, or unit in the housing, is first given to an individual after the construction or substantial renovation is substantially completed and after June 2010 for occupancy as a place of residence). The construction or substantial renovation of the housing must be at least 10% complete as of July 1, 2010 in order to be entitled to claim this rebate. A builder of a newly constructed or substantially renovated residential condominium unit or complex would also be entitled to claim a PST transitional new housing rebate if the builder sells the condominium unit or complex where the builder is required to pay the transitional tax adjustment in respect of the unit or complex or the sale of the unit or complex is subject to the HST see the section below on the transitional tax adjustment for houses
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and residential condominiums. In this case, the rebate would be available whether or not the sale of the condominium unit or complex would be grandparented. Provincial certificate As a condition of obtaining a PST transitional new housing rebate, a builder would be required to attach a valid provincial certificate a clearance certificate - to their first rebate application and file the application with the CRA. The clearance certificate would be obtained from the Province of British Columbia, would be issued where the builder has no outstanding provincial tax debts and would generally be valid for one year from the date of issuance unless revoked by the province. The clearance certificate would be used by the CRA to process subsequent PST transitional new housing rebate applications filed by the builder provided that the clearance certificate remains valid and has not been revoked. The province would notify the CRA and the builder if it revokes a clearance certificate. Where a clearance certificate is no longer valid, a builder would be required to attach a new clearance certificate to any subsequent rebate application filed with the CRA. 25. How would the PST transitional new housing rebate be calculated? The PST transitional new housing rebate would be based on the degree of completion of the construction or substantial renovation of the housing as of the July 1, 2010 implementation date (i.e., 11:59 p.m. on June 30, 2010 and the estimated PST embedded in the housing. With respect to housing that is 90% or more complete as of July 1, 2010, there would be a 100% rebate of the estimated PST embedded in the housing. No rebate would be available where the housing is less than 10% complete as of July 1, 2010. The PST transitional new housing rebate would be calculated as follows:
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Degree of completion of the housing as of July 1, 2010 Less than 10% Equal to or greater than 10% and less than 25% Equal to or greater than 25% and less than 50% Equal to or greater than 50% and less than 75% Equal to or greater than 75% and less than 90% Equal to or greater than 90%

% of estimated PST that would be rebated 0% 25% 50% 75% 90% 100%

26. How would I determine the amount of the estimated PST embedded in the housing? The estimated PST embedded in the housing would be calculated by choosing one of the following two methods:

the floor space method the total square metres of floor space completed in the housing multiplied by $60.00; or the consideration or fair market value method 2% of the total consideration paid for the housing or, in certain situations, 2% of the fair market value of the housing.

27. A newly constructed single detached house is 90% or more complete as of July 1, 2010. The written agreement of purchase and sale for the house is entered into after November 18, 2009, and the agreement provides that both ownership and possession will transfer to the purchaser who is an individual after June
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2010. As a result, the HST would apply to the sale of the house. Would the individual purchasing the house be entitled to claim a PST transitional new housing rebate, a B.C. new housing rebate in respect of the provincial part of the HST and a GST new housing rebate in respect of the federal part of the HST? Yes, provided that all of the conditions for claiming each rebate are met. For a house with a purchase price of $350,000 (excluding the HST and any rebates), the individual would pay the HST at 12% ($350,000 12% = $42,000). The individual would be entitled to claim a PST transitional new housing rebate of $7,000 (using the consideration or fair market value method, $350,000 2% 100%), a B.C. new housing rebate of $17,500 ($350,000 7% 71.43%) and a GST new housing rebate of $6,300 ($350,000 5% 36%), provided that all of the conditions for claiming each rebate are met. 27.1 A newly constructed single detached house is 80% complete as of July 1, 2010. An individual enters into a written agreement of purchase and sale for the house after November 18, 2009, and the agreement provides that both ownership and possession will transfer to the individual after June 2010. As a result, the HST would apply to the sale of the house. The individual is purchasing the house for the purpose of renting it to a third party. Would the individual purchasing the house be entitled to claim the PST transitional new housing rebate? Yes, provided that all of the conditions for claiming the PST transitional new housing rebate are met. There would be no restriction that limits the rebate to situations where the house is purchased for use as the primary place of residence of the individual or a relation of the individual, as in the case of the B.C. new housing rebate or the GST new housing rebate. Where all of the conditions are met, the individual would be entitled to claim the PST
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transitional new housing rebate whether the house was acquired for the purpose of rental, resale or personal use. 27.2 A newly constructed single detached house is 70% complete as of July 1, 2010. A corporation enters into a written agreement of purchase and sale for the house after November 18, 2009, and the agreement provides that both ownership and possession will transfer to the corporation after June 2010. As a result, the HST would not apply to the sale of the house. The corporation is not a builder of the house. Would the corporation be entitled to claim the PST transitional new housing rebate? No, the PST transitional new housing rebate would not be available to the corporation. Only individuals and certain builders would be entitled to claim an PST transitional new housing rebate in respect of a single detached house provided that all of the other conditions for claiming the rebate are met. 28. A newly constructed single detached house is 75% complete as of July 1, 2010, and the written agreement of purchase and sale for the house was entered into on or before November 18, 2009. Ownership and possession of the house will transfer to the purchaser who is an individual, in accordance with the agreement, after June 2010. Would the purchaser be entitled to claim a PST transitional new housing rebate, a B.C. new housing rebate in respect of the provincial part of the HST and a GST new housing rebate in respect of the federal part of the HST? If the sale of the house is grandparented (see the section above on grandparented sales of housing), the HST would not apply to the sale of the house and the purchaser of the house would not be entitled to claim a PST transitional new housing rebate. The purchaser would
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not be entitled to claim a B.C. new housing rebate since the provincial part of the HST would not be payable by the purchaser. However, the sale would be subject to the GST at 5% and the purchaser would be entitled to claim a GST new housing rebate in respect of the GST paid at 5%, provided that all of the conditions for claiming the rebate are met. 29. I am the builder of an apartment building. Possession of an apartment in the building is given to an individual, who is the first to occupy a unit in the building as a place of residence, after the construction or substantial renovation is substantially completed and after June 2010. Construction of the apartment building is 40% complete as of July 1, 2010. The fair market value of the apartment building (building and land) at the time of the self-supply is $1,500,000. Based on the consideration or fair market value method, what would be the amount of the PST transitional new housing rebate that I would be entitled to claim? The amount of the PST transitional new housing rebate for the apartment building would be calculated as follows: Fair market value of the apartment building (building and land) at the time of self-supply 2% 50% where: 2% is the estimated PST based on the consideration or fair market value method; 50% is based on the degree of completion (40%) for the complex as of July 1, 2010 (i.e., equal to or greater than 25% and less than 50%, as per table in question 25)
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The rebate amount would therefore be $15,000 ($1,500,000 2% 50%). 30. I entered into a written agreement of purchase and sale for a newly constructed residential condominium unit with a builder in December 2009. I will occupy the condominium unit as my primary place of residence. I take possession of the unit, in accordance with the agreement, in March 2011 and ownership in May 2011. Would I be entitled to claim the PST transitional new housing rebate? No. For residential condominium units, the PST transitional new housing rebate would only be available to the builder of the condominium complex. Note that you may be entitled to claim a B.C. new housing rebate in respect of the provincial part of the HST and a GST new housing rebate in respect of the federal part of the HST payable on the sale, if all of the conditions for claiming each rebate are met. 31. When would the PST transitional new housing rebate be available? If you are using the floor space method, you would be eligible to file a rebate application with the CRA after June 2010 and generally, before July 1, 2014. If you are using the consideration or fair market value method, you would be eligible to file a rebate application with the CRA no earlier than the day the HST is payable or the day you are considered to have collected the transitional tax adjustment, as the case may be, and generally before July 1, 2014. Where a builder is unable to file the rebate application by July 1, 2014 due to extenuating circumstances (such as a delay in completing the sale of the housing), the builder would be able to file a request for an extension of the time to file the rebate application. The request must be made in writing and received by the CRA before July 1, 2014.
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The rebate application for the PST transitional new housing rebate will be available on the CRA Web site by July 1, 2010. Transitional tax adjustment for houses and residential condominiums 32. What is the transitional tax adjustment? The transitional tax adjustment would apply to grandparented sales of detached houses, semi-detached houses, attached houses, residential condominium units and condominium complexes. Given that the provincial part of the HST would not apply to grandparented housing, the transitional tax adjustment is intended to approximate the amount of tax that would have been paid in respect of such housing under the PST regime where the construction of the housing straddles the July 1, 2010 implementation date. The transitional tax adjustment would be considered to be collected by the builder and would be included by the builder in the net tax calculation on the builder's GST/HST return. 33. What type of housing would be subject to the transitional tax adjustment? The transitional tax adjustment would apply to grandparented sales of newly constructed or substantially renovated detached houses, semi-detached houses, attached houses, residential condominium units and condominium complexes, i.e., for which a written agreement of purchase and sale was entered into on or before November 18, 2009, and both ownership and possession are transferred to the purchaser, in accordance with the agreement, after June 2010. For housing other than residential condominium units or condominium complexes, the builder would be considered to have collected the transitional tax adjustment amount if the housing is less than 90% complete as of July 1, 2010.
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The transitional tax adjustment would not apply to sales of traditional apartment buildings, duplexes, mobile homes and floating homes. 33.1 Can a builder claim an ITC for the transitional tax adjustment? Generally, no. For example, where a builder (referred to as the "original builder") sells a house on a grandparented basis to an individual and would be required to account for the transitional tax adjustment in its net tax calculation, the builder would not be entitled to claim an ITC for the amount of the transitional tax adjustment. However, where an individual purchases a house from the original builder on a grandparented basis and sells the house before it is occupied by an individual for residential use, the individual (i.e., the first reseller) would generally be entitled to claim an ITC, if the individual is a GST/HST registrant and the sale of the house is subject to the HST. The ITC would be equal to 2% of the consideration paid by the first reseller to the original builder which represents the estimated PST and/or the transitional tax adjustment embedded in the price of the house. Where the first reseller is not a registrant, the first reseller would generally be entitled to claim a rebate equal to 2% of the consideration paid by the first reseller to the original builder.. See the sections above on resellers of housing. 34. How would the transitional tax adjustment be calculated for a house where the sale is grandparented? The transitional tax adjustment for a grandparented sale of a newly constructed or substantially renovated single unit house (other than a residential condominium unit or a condominium complex see question 40 for the rebate calculation for residential condominiums) would be based on the total consideration payable for the house, as
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determined for GST purposes, and the degree of completion of the construction or substantial renovation of the house as of July 1, 2010. Recognizing that there is a greater element of embedded PST in the price of a house whose construction or substantial renovation is completed to a greater degree as of July 1, 2010, the transitional tax adjustment rate decreases as the degree of completion increases. The following chart provides the different rates of the transitional tax adjustment for various degrees of completion of the construction or substantial renovation of the house as of the July 1, 2010 implementation date (i.e., 11:59 p.m. on June 30, 2010). Transitional tax adjustment for a house (other than a condominium complex or a residential condominium unit) Degree of completion of construction or substantial renovation as of July 1, 2010 Less than 10% Equal to or greater than 10% and less than 25% Equal to or greater than 25% and less than 50% Equal to or greater than 50% and less than 75% Equal tom or greater than 75% and less than 90% Equal to or greater than 90% Transitional tax adjustment rate as a percentage of consideration 2.0 % 1.5 % 1.0 % 0.5 % 0.2 % 0.0 %

The transitional tax adjustment would be calculated on the consideration payable for the grandparented sale of the housing, which would exclude the GST payable and any new
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housing rebates. For purposes of calculating the transitional tax adjustment, the consideration would be deemed to be equal to the fair market value where the consideration payable for the housing is less than the fair market value of the housing on July 1, 2010, as if the housing had been substantially completed on that date. 35. I am the builder of a single detached house the sale of which would be grandparented. The consideration payable (excluding GST and any rebates) for the house is $450,000. The construction of the house is 85% complete as of July 1, 2010. What would be the amount of the transitional tax adjustment I would need to include in my net tax calculation? Where the construction of the house is 85% complete as of July 1, 2010, the transitional tax adjustment to be included in your net tax calculation would be equal to 0.2% of the total consideration payable for the house, i.e., $900 ($450,000 0.2%). 36. I am the builder of a single semi-detached house the sale of which would not be grandparented (i.e., the written agreement of purchase and sale was entered into after November 18, 2009). Ownership and possession of the house will transfer to the purchaser, in accordance with the agreement, in August 2010. Would the transitional tax adjustment apply in this case? No. The transitional tax adjustment would only apply if the sale of the house is grandparented. In the circumstances described, the HST would be payable on the sale of the house and the transitional tax adjustment would not apply. 37. I am a builder of a single detached house, the sale of which would be grandparented, and I am required to account for the transitional tax adjustment. How would I account for this tax?
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You would report the transitional tax adjustment in your regular GST/HST return for the reporting period that includes the day you transfer possession of the house to the purchaser. More information on how the amount of the transitional tax adjustment would be reported in your regular GST/HST return will be provided in the coming months. 38. How would I determine the degree of completion of the construction or substantial renovation of a house as of July 1, 2010, for purposes of the transitional tax adjustment? The method used to determine the percentage of completion must be fair and reasonable. For instance, it may be based on progress billings made before July 1, 2010, as a percentage of the total consideration for the construction or substantial renovation of the house. In determining the percentage of completion, the cost of land and costs associated with the acquisition and maintenance of the land, including related servicing costs, legal, accounting and financing charges, real estate taxes, etc., are not to be included. More information on this determination will follow in the coming months. 39. On May 11, 2009, I entered into a written agreement of purchase and sale with a builder for a newly constructed single detached house. I will occupy the house as my primary place of residence. Would I have to pay the transitional tax adjustment to the CRA? No. The transitional tax adjustment is an amount that would be considered to have been collected by the builder of the house. The builder would include the amount of the transitional tax adjustment in its net tax calculation.
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40. How would the transitional tax adjustment be calculated for a grandparented sale of a newly constructed or substantially renovated residential condominium unit or condominium complex? The transitional tax adjustment for a grandparented sale of a newly constructed or substantially renovated residential condominium unit or condominium complex would be equal to 2% of the total consideration payable for the unit or complex, as determined for GST purposes. The builder would be entitled to claim a PST transitional new housing rebate if the construction of the condominium complex is at least 10% complete as of July 1, 2010 see the section above on PST transitional new housing rebates. The transitional tax adjustment would be calculated on the consideration payable for the grandparented housing, which would exclude the GST payable and any new housing rebates. For purposes of calculating the transitional tax adjustment, the consideration would be deemed to be equal to the fair market value where the consideration payable for the housing is less than the fair market value of the housing on July 1, 2010, as if the housing had been substantially completed on that date. 41. I am the builder of a condominium complex that has 150 residential condominium units. Sales of 100 residential condominium units in the complex will be grandparented. The total consideration payable (excluding GST and any rebates) for the sale of each of the grandparented units is $500,000. Construction of the condominium complex is 60% complete as of July 1, 2010. What would be the amount of the transitional tax adjustment that I would need to include in my net tax calculation? The amount of the transitional tax adjustment would be equal to 2% of the total consideration for each of the 100 grandparented units, i.e., $10,000 for each unit
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($500,000 2%). The transitional tax adjustment for a particular unit would be included in your net tax calculation for the reporting period during which possession of the particular unit is transferred to the purchaser. As the builder, you would be entitled to claim a PST transitional new housing rebate in these circumstances see the section above on PST transitional new housing rebates. Since this is a condominium complex, the fact that the construction of the condominium complex is 60% complete as of July 1, 2010 does not have any impact on the calculation of the transitional tax adjustment. 42. I am the builder of a condominium complex. On May 28, 2008, I entered into a written agreement of purchase and sale for the complex with another person who will either sell or rent the units in the complex. Ownership of the condominium complex transfers to the purchaser, in accordance with the agreement, on June 1, 2012. The consideration (excluding GST and any rebates) for the sale of the condominium complex is $30 million. What would be the amount of the transitional tax adjustment that I need to include in my net tax calculation? The transitional tax adjustment that would need to be included in your net tax calculation would be equal to 2% of the total consideration for the condominium complex, i.e., $600,000 ($30,000,000 2%). As the builder, you would be entitled to claim a PST transitional new housing rebate provided that the construction of the complex is at least 10% complete as of July 1, 2010 see the section above on PST transitional new housing rebates. 43. I am the builder of a condominium complex. I have pre-sold a number of condominium units in the complex; however all of these written agreements of purchase and sale were entered into after November 18, 2009 and are not grandparented. Would I have to account for the transitional tax adjustment?
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No. The transitional tax adjustment would not apply since the sales of the condominium units are not grandparented. Application of the HST to new rental housing 44. How would the proposed HST apply to landlords who construct or substantially renovate their own rental housing? Builders of newly constructed or substantially renovated rental housing, including single houses, residential condominium units and traditional apartment buildings, who make a supply by way of lease, licence or similar arrangement of the house or condominium unit or in the case of an apartment building, a unit in the apartment buildingare considered to have paid and collected tax under the self-supply rules for rental housing. Where the selfsupply occurs after June 2010, the HST at 12% would apply to the self-supply. The HST would be calculated on the fair market value of the house, condominium unit or apartment building, as the case may be, including the building and the land reasonably necessary for the use of the housing as a place of residence for individuals. The self-supply generally occurs at the later of the time construction or substantial renovation of the rental housing is substantially completed and the time possession or use of the rental property is given under a lease, licence or similar arrangement to an individual who is the first to occupy it as a place of residence. In the case of an apartment building, the self-supply occurs at the later of the time construction or substantial renovation of the apartment building is substantially completed and the time possession or use of a unit in the building is given to an individual who is the first to occupy a unit in the building as a place of residence.

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If a builder is required to pay tax on a self-supply before July 2010, the provincial part of the HST would not apply. However, the GST at 5% would apply. For more information on the self-supply of a rental property, see GST/HST Guide RC4052, GST/HST Information for the Home Construction Industry. 45. I am the builder of a traditional apartment building. Construction of the apartment building is substantially completed in June 2010 and, under a lease, possession of a unit in the apartment building is given to an individual on July 1, 2010. The individual is the first to occupy a unit in the building as a place of residence. Would I account for the GST at 5% or the HST at 12% on this selfsupply? You would be considered to have paid and collected the HST at 12% on the self-supply of the apartment building. As the self-supply occurs at the later of the time construction of the rental property is substantially completed and the time possession of a unit in the apartment building is first given to an individual as a place of residence, the self-supply occurs on July 1, 2010 at which time the HST at 12% would apply. The HST would be calculated on the fair market value of the apartment building (i.e., building and land) at that time. 46. I am a builder of a duplex. On June 1, 2010, under a lease agreement, I give possession of one of the units in the duplex to an individual who is the first to occupy a unit in the duplex as a place of residence. Construction of the duplex is substantially completed on June 15, 2010. Under a lease, I give possession of the other unit in the duplex on August 1, 2010, to an individual who occupies it as a place of residence. Would I account for the GST at 5% or the HST at 12% for this self-supply?
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You would be considered to have paid and collected the GST at 5% on a self-supply of the duplex. The self supply occurs on June 15, 2010 (i.e., the later of the time construction of the rental property is substantially complete and the time possession of a unit is first given to an individual for use as a place of residence). As such, the HST at 12% would not apply on the self-supply. 47. I am leasing an apartment and I am not required to pay GST on my lease payments. Following the implementation of the HST, would I be required to pay the HST on my lease payments? No, long-term residential rents are exempt from the GST and would also be exempt under the HST. New residential rental property rebates 48. Would a new residential rental property rebate be available for the provincial part of the HST? The B.C. new residential rental property rebate would be available in respect of the provincial part of the HST so that qualifying newly constructed or substantially renovated rental properties across all price ranges would qualify for a maximum rebate amount of up to $26,250 per rental unit. Landlords who purchase newly constructed or substantially renovated residential rental properties and pay the HST would be entitled to claim the B.C. new residential rental property rebate. Landlords who build their own residential rental properties and are required to account for the HST under the self-supply rules would also be entitled to claim the rebate.
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The B.C. new residential rental property rebate would be available for the same type of residential rental properties for which a GST new residential rental property rebate is currently available. Qualifying housing would include newly constructed and substantially renovated rental housing, new additions to traditional apartment buildings, co-operative rental housing and long-term residential care facilities. Lease of land for residential use The B.C. new residential rental property rebate would also be available for persons who make exempt supplies of land used for residential purposes by way of lease (i.e., the lease or rental of a residential lot, a site in a residential trailer park or a site in an addition to a residential trailer park) and, as a result, would be required to self-assess and pay the HST under the self-supply or change-in-use rules on the fair market value of the land. In this case, the maximum rebate amount would be $8,663. For multiple residential lots or sites in a residential trailer park or an addition to a residential trailer park, the maximum rebate amount of $8,663 would apply to each lot or site. 49. How would the B.C. new residential rental property rebate for the provincial part of the HST be calculated? The B.C. new residential rental property rebate would be equal to 71.43% of the provincial part of the HST paid on the purchase or self-supply of a newly constructed or substantially renovated rental property, up to a maximum rebate amount of $26,250 per qualifying rental unit. This rebate would essentially reduce the provincial part of the HST to a rate of 2% on the first $525,000 of the purchase price or, in the case of a self-supply, the fair market value, of each qualifying rental unit.

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In the case of traditional (non-condominium) apartment buildings, the rebate calculation would be based on each qualifying residential unit in the apartment building. In the case of land leased for residential use, the rebate would be equal to 71.43% of the provincial part of the HST paid on the fair market value of the land under the self-supply or change-in-use rules, up to a maximum rebate amount of $8,663 for each qualifying lot or site. 50. After June 2010, I will purchase a newly constructed triplex for $900,000 not including the HST or any rebates (the purchase price is equal to the fair market value) and I will rent out each unit in the triplex to a different individual as a place of residence. The duration of the rental arrangement for each unit will be for one year. Assuming I would qualify for a B.C. new residential rental property rebate in respect of the provincial part of the HST, what would be the rebate amount that I would be entitled to claim for each rental unit where each unit is identical in floor space and design (i.e., each unit has the same fair market value)? The HST payable on the purchase of the triplex would be $108,000, composed of the federal part at 5% ($45,000) and the provincial part at 7% ($63,000). The B.C. new residential rental property rebate amount for the provincial part of the HST would be equal to $15,000 per rental unit (i.e., 71.43% of $21,000 - the provincial part of the HST for each unit that has a fair market value of $300,000). A GST new residential rental property rebate would also be available in respect of the federal part of the HST paid on the purchase of the triplex. In this case, the rebate would be equal to $5,400 per rental unit (i.e., 36% of $15,000 - the federal part of the HST for each unit that has a fair market value of $300,000).
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51. Would all of the conditions for claiming the GST new residential rental property rebate apply for purposes of the B.C. new residential rental property rebate? The rules and conditions for claiming a B.C. new residential rental property rebate would mirror the rules and conditions for the GST new residential rental property rebate with the exception of the rebate rate and the phase out provision for units whose fair market value is more than $350,000. The B.C. new residential rental property rebate would be available across all price/fair market value ranges up to a maximum rebate amount of $26,250 for each qualifying unit and $8,663 for each qualifying lot or site. Reference may be made to GST/HST Guide RC4231, GST/HST New Residential Rental Property Rebate. 52. How would I claim the B.C. new residential rental property rebate? The B.C. new residential rental property rebate in respect of the provincial part of the HST would be administered by the CRA in a manner similar to the GST new residential rental property rebate. Landlords would apply for a B.C. new residential rental property rebate by filing a rebate application with the CRA. A single rebate application for both the B.C. new residential rental property rebate and the GST new residential rental property rebate will be available on the CRA Web site by July 1, 2010. 53. I will purchase a new residential rental property from a builder. Would the builder of the rental property pay or credit the B.C. new residential rental property rebate amount to me? No. The B.C. new residential rental property rebate would not be paid or credited by the builder to the purchaser of the property. The purchaser would need to apply for the rebate
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directly with the CRA. This also applies in respect of the GST new residential rental property rebate that would be available for the federal part of the HST. 53.1 A public service body purchases a newly constructed apartment building and pays the HST on the consideration payable for the building. The public service body is entitled to claim a GST new residential rental property rebate. Would the public service body be entitled to claim a B.C. new residential rental property rebate? Where all of the conditions are met, the public service body would be entitled to claim a B.C. new residential rental property rebate. However, if the public service body is entitled to claim a B.C. public service body rebate in respect of the provincial part of the HST paid to purchase the apartment building, the public service body would generally be entitled to claim either the B.C. new residential rental property rebate or the B.C. public service body rebate, whichever has the higher rebate rate. Builders' disclosure requirements 54. What would the disclosure requirements be for builders under the proposed transitional rules for sales of newly constructed or substantially renovated housing in B.C.? If a written agreement of purchase and sale for a newly constructed or substantially renovated residential complex is entered into after November 18, 2009 and before July 1, 2010, the builder would be required to disclose in the written agreement whether the provincial part of the HST applies to the sale and, if so, whether the stated price in the agreement includes the provincial part of the HST, net of the B.C. new housing rebate and the PST transitional new housing rebate, if applicable.
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If the transaction is subject to the HST and the builder did not make a disclosure as outlined above, the stated price in the written agreement would be deemed, under the transitional rules, to include the provincial part of the HST. In such a case, the purchaser would not be required to pay the provincial part of the HST in addition to the stated price in the agreement. Resellers' disclosure requirements 54.1 Are there special disclosure requirements for resellers of grandparented housing? Yes. A reseller of housing that was purchased by the reseller on a grandparented basis and sold, where the sale was not subject to the provincial part of the HST, would be required to make the following disclosures in a written agreement for the sale of the housing:

the name(s) of the original builder(s) who constructed the housing; whether the housing was purchased on a grandparented basis or was relieved from the provincial part of the HST under the resellers rule; and whether the provincial part of the HST applies to the sale and if so, whether the purchase price stated in the agreement includes the provincial part of the HST, net of any B.C. new housing rebate, if applicable.

If the transaction is subject to the provincial part of the HST and the reseller did not make the above disclosures, the stated price in the written agreement would be deemed, under the transitional rules, to include the provincial part of the HST. In such a case, the
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purchaser would not be required to pay the provincial part of the HST in addition to the stated price in the agreement. Non-residential real property Sales of non-residential real property 55. What is the current PST treatment for sales of non-residential real property in B.C.? For information relating to the current application of the PST in B.C., you may visit the Government of British Columbia Web site at www.gov.bc.ca., call 604-660-4524 if you are located in Vancouver or 1-877-388-4440 toll-free elsewhere in B.C., or send your questions by email to CTBTaxQuestions@gov.bc.ca. 56. Would the HST apply to sales of non-residential real property in B.C.? The HST at 12%, composed of the federal part at 5% and the provincial part at 7%, would generally apply to the sale of non-residential real property. Sales of real property that are currently exempt under the GST rules would also be exempt for purposes of the HST. The definitions in the Excise Tax Act that relate to real property and the CRA current policies regarding the application of the GST to sales of real property would generally apply under the HST. 57. I am an individual selling personal use vacant land and the sale is exempt from GST. Would the sale of the land be exempt under the HST?

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Yes. The sale of the land would be exempt under the HST and you would not be required to charge or collect the HST. 58. A corporation constructs commercial properties and sells them in the course of its commercial activities. The corporation is registered for GST/HST purposes. The corporation currently claims ITCs for the 5% GST that it pays on construction inputs. Would the corporation be entitled to claim ITCs for the 12% HST payable on its construction inputs? Generally, yes. The corporation would be entitled to claim ITCs to recover the 12% HST paid or payable on most purchases of construction inputs and operating expenses used to construct the commercial properties. The corporation would claim ITCs for the 12% HST on its regular GST/HST return, but would not claim any ITCs for any PST paid or owing. For example, the corporation would claim ITCs for the HST paid or payable on:

a lease of commercial real property for use as an office and for storage of equipment and materials; building materials; plumbing and electrical subcontracts; inspection services; and legal and accounting services.

In some cases, businesses may be required to recapture certain amounts claimed as ITCs. Further information on temporarily restricted ITCs will be provided in the near future. 59. When would the HST apply to a sale of commercial real property?

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Generally, the HST would apply to a taxable supply by way of sale of real property (other than housing) where both ownership and possession of the property are transferred to the purchaser under the agreement for the supply on or after July 1, 2010. 60.When would the HST not apply to a taxable sale of real property? Where either ownership or possession of the real property transfers before July 2010, the HST would not apply to the sale. However, the GST at 5% would apply to the sale. 61. I am purchasing vacant land from a developer. In June 2010, I take possession under a written agreement of purchase and sale for the land, though title will not transfer to me until July 5, 2010. Would the HST apply to the sale? No. Since possession of the land transfers to you before July 2010, the HST would not apply. However, the GST at 5% would apply to the sale. 62. I enter into a written agreement of purchase and sale in May 2009 for the taxable sale of commercial real property. Possession and ownership of the property do not transfer under the agreement until July 2010. Would the sale of the real property be subject to the HST? Yes. As both ownership and possession of the real property transfer after June 2010, the HST would apply to the sale. For sales of real property, other than housing, the date the agreement of purchase and sale is entered into does not affect the application of the HST. There is no grandparenting provision for sales of non-residential real property as there is for certain sales of housing. For information on grandparenting in respect of housing, see the section above on grandparented sales of housing.
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63. I am an individual purchasing vacant land from a developer to build a home for my family. Ownership and possession of the land will transfer to me in August 2010. Would the HST apply to the sale? Yes. Since both ownership and possession of the vacant land transfer to you after June 2010, the HST would apply to the sale. The fact that you are building a home on the vacant land does not affect the application of the HST. However, you may be entitled to recover some of the HST paid by way of a GST new housing rebate and a B.C. new housing rebate. For information on the B.C. new housing rebate for owner-built houses, see the section above on new housing rebates. 64. I am making a taxable sale of commercial real property to a corporation that is registered for GST/HST purposes. Ownership and possession of the property transfer after June 2010. Do I have to collect the HST on the sale? No. While the sale would be subject to the HST, since the corporation (i.e., the recipient) is registered for the GST/HST, the corporation would include the amount of the HST payable on the sale of the real property in its regular GST/HST return if the property is used primarily in its commercial activities. Otherwise, the corporation would report the HST on Form GST60, GST/HST Return for Acquisition of Real Property. Leases of non-residential real property1 General rule 65. What is the current PST treatment for leases of non-residential real property?

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For information relating to the current application of the PST in B.C., you may visit the Government of British Columbia Web site at www.gov.bc.ca, call 604-660-4524 if you are located in Vancouver or 1-877-388-4440 toll-free elsewhere in B.C., or send your questions by email to CTBTaxQuestions@gov.bc.ca. 66. Would the HST apply to leases of non-residential real property in B.C.? The HST at 12%, composed of the federal part at 5% and the provincial part at 7%, would generally apply to the lease of non-residential real property made by a GST/HST registrant. Leases of real property that are currently exempt under the GST rules would also be exempt under the HST. The definitions in the Excise Tax Act that relate to real property and the CRA's current policies regarding the application of the GST to leases of real property would generally apply under the HST. 67. A charity leases real property to a tenant and the lease is exempt from GST. Would the lease of the property be exempt under the HST? Yes. The lease of the real property would be exempt and the charity would not be required to charge or collect the HST. 68. A landlord owns a shopping mall and leases space within the mall to retailers. The landlord is registered for GST/HST purposes and currently claims ITCs for the 5% GST it pays on various business expenses, e.g., maintenance and repair services. Would the landlord be entitled to claim ITCs for the 12% HST payable on such expenses? Would a retailer, who is registered for GST/HST purposes, be entitled to claim ITCs for the HST payable on the lease payments?

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Generally, yes. Both the landlord and the retailer would be entitled to claim ITCs to recover the 12% HST paid or payable on the acquisition of property and services for consumption, use or supply in the course of their respective commercial activities. The landlord and the retailer would claim ITCs on their regular GST/HST returns, but could not claim any ITCs for any PST paid or owing. In some cases, businesses may be required to recapture certain amounts claimed as ITCs. Further information on temporarily restricted ITCs will be provided in the near future. 69. When would the HST apply to a taxable lease of commercial real property? The following rules apply based on the earlier of the date the consideration for the lease, licence or similar arrangement becomes due and the date the consideration is paid without having become due. Lease payment due or paid without having become due on or after July 1, 2010 Generally, the HST would apply to any lease payment that becomes due, or is paid without having become due, on or after July 1, 2010, to the extent that the lease payment is attributable to a lease interval, or any part of a lease interval, that begins on or after July 1, 2010. However, the HST would not apply to a lease payment for a lease interval that begins before July 2010 and ends before July 31, 2010. Lease payment due or paid without having become due on or after May 1, 2010 and before July 2010 Generally, the HST would apply to any lease payment that becomes due, or is paid without having become due, during the period after April 2010 and before July 2010, to the extent
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that the lease payment is attributable to a lease interval, or any part of a lease interval, that begins on or after July 1, 2010 (other than a lease interval that begins before July 2010 and ends before July 31, 2010). In these situations, a lessor would be required to account for the provincial part of the HST in its GST/HST return for the reporting period that includes July 1, 2010. If eligible, a lessee would be entitled to claim any corresponding ITC in its GST/HST return for the reporting period that includes July 1, 2010. Lease payment due or paid without having become due after October 14, 2009 and before May 2010 Generally, the HST would apply to any lease payment that becomes due, or is paid without having become due, during the period after October 14, 2009 and before May 2010, to the extent that the lease payment is attributable to a lease interval, or any part of a lease interval, that begins on or after July 1, 2010 (other than a lease interval that begins before July 2010 and ends before July 31, 2010) if the lessee is not a consumer, e.g., a business or public service body. In these situations, the non-consumer may be required to self-assess (i.e., account for tax themselves rather than paying tax to the supplier) the provincial part of the HST. The requirement to self-assess would generally apply only to:

non-consumers who acquire the property for consumption, use or supply otherwise than exclusively in the course of their commercial activities (e.g., a business that is making GST/HSTexempt supplies, such as a financial institution); non-consumers who acquire the property for consumption, use or supply exclusively in the course of their commercial activities in circumstances where the property is subject to an ITC restriction or recapture;
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non-consumers who use simplified methods to calculate their net tax (e.g., certain charities, public service bodies, and small businesses); and selected listed financial institutions that use a special attribution method to determine their net tax.

Persons liable to self-assess the provincial part of the HST under this rule would be required to account for the tax in their GST/HST return for the reporting period that includes July 1, 2010, if the due date of that return is before November 2010. In any other case, the person would account for the tax in a form filed before November 2010. Further information regarding this form will be available in the coming months and the form will be available on the CRA Web site by July 1, 2010. 70. I lease warehouse space from a GST/HST registered person and the supply of the space is subject to the GST. The lease payments are due, in advance, on the first day of each month. I pay the lease payments on the same day they become due. Which monthly lease payment would be the first payment on which I have to pay the HST? The first lease payment that would be subject to the HST would be the lease payment that becomes due and is paid on July 1, 2010. The HST would also apply to all subsequent lease payments. 71. I work downtown and I rent a parking space from the operator of a parking lot that is located near my work. The operator of the parking lot is registered for GST/HST purposes. At the beginning of each month, I pay the operator $150.00 to park on the lot during that month. Would the HST apply to these payments?
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Yes. The HST would apply to the payment you make on July 1, 2010 for the month of July and on all subsequent payments for parking. 72. I have a licence to use real property for the period of June 15, 2010 to July 15, 2010. The person supplying the licence is registered for the GST/HST and the licence is taxable for GST purposes. The payment for the licence is due and paid on June 15, 2010. Would any part of the payment be subject to the HST? No. As the licence period begins before July 2010 and ends before July 31, 2010, the HST would not apply to the payment. However, the GST at 5% would apply. 73. I enter into a lease agreement in May 2009 for the taxable lease of commercial real property. The term of the lease commences July 1, 2010, and requires monthly lease payments, payable in advance, on the first of the month beginning July 1, 2010. I take possession of the property under the lease on July 1, 2010, and make the lease payment for the month of July on that date. Would the lease of the real property be subject to the HST? Yes. Regardless of when the parties entered into the lease agreement and when possession is given, since each lease payment becomes due on or after July 1, 2010, is not paid before that date and is wholly attributable to a period after June 2010, the lease payments would be subject to the HST. 74. I lease real property from a GST/HST registered person for June and July 2010. The lease is subject to the GST and the lease payment for the two-month period (the lease interval) is due and paid on June 1, 2010. Would any part of the lease payment be subject to the HST?
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Yes, part of the lease payment would be subject to the HST. The lease payment becomes due during the period after April 2010 and before July 2010 and is attributable to a period that begins on July 1, 2010. Although the lease interval begins before July 2010, the lease interval ends on July 31, 2010 (rather than before July 31, 2010). Accordingly, the HST would apply to the portion of the lease payment that is attributable to the month of July, i.e., 50% of the lease payment would be subject to the HST. The lessor would account for the provincial part of the HST in its GST/HST return for the reporting period that includes July 1, 2010. If eligible, the lessee would be entitled to claim any corresponding ITC in its GST/HST return for the reporting period that includes July 1, 2010. 75. A GST/HST registered landlord receives a prepayment of rent on May 10, 2010 for a taxable lease of real property. The amount of the prepayment did not become due before that date. The term of the lease is from July 1, 2010 to December 31, 2010. When would the landlord be required to report the provincial part of the HST that applies to the prepayment? If eligible, when would the tenant be entitled to claim an ITC for the provincial part of the HST? Since the lease payment is paid without having become due during the period after April 2010 and before July 2010 and is wholly attributable to a period beginning on July 1, 2010, the HST would apply to the prepayment. The landlord would be required to account for the provincial part of the HST in its GST/HST return for the reporting period that includes July 1, 2010. The landlord would account for the GST collectible on the lease payment in its GST/HST return for the reporting period that includes May 10, 2010. If eligible, the tenant would be entitled to claim any corresponding ITC for the provincial part of the HST in its GST/HST return for the reporting period that includes July 1, 2010. 76. I lease pasture land from a grazing association every year for seven months from April through October. The lease of the land is subject to the GST. I am
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engaged exclusively in commercial activities and the land is for use in those activities. One lease payment is due and made on April 1 of each year for the seven-month period. Would the association be required to collect the HST on the lease payment I make on April 1, 2010? No. The lease payment becomes due and is paid during the period after October 14, 2009 and before May 2010; therefore the association would not be required to collect the HST. If you are not using a simplified method to calculate your net tax and you are acquiring the land for use exclusively in your commercial activities and the land is not subject to an ITC restriction or recapture, you are not required to self-assess the HST. However, the GST at 5% would apply. Lease payments that become due and are paid on April 1 of subsequent years, however, would be subject to the HST. 77. The operator of a daycare centre leases an area in a building from a landlord and uses the area in the course of making exempt supplies. The lease payment of $100,000 is payable and paid by the operator on January 1, 2010, and covers the lease interval of January 1 to December 31, 2010. The lease of the property is subject to the GST. The operator is not registered for GST/HST purposes. Would the operator be required to self-assess the provincial part of the HST? Yes. The lease payment becomes due and is paid during the period after October 14, 2009 and before May 2010. Given that the operator of the daycare is leasing the area in the building for use in the course of making exempt supplies, the operator would have to selfassess the provincial part of the HST. The HST would apply to the part of the lease payment that is attributable to the period beginning on July 1, 2010 i.e., six out of the twelve-month lease interval or 50% of the $100,000 lease payment. The operator would be required to self-assess the provincial part of the HST calculated on $50,000 (50% of
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$100,000) and account for the tax (7% of $50,000 = $3,500) in a form filed before November 2010. 78. A small business using the Quick Method of accounting to calculate its net tax for GST purposes, leases space in a building from a landlord and uses the space exclusively in the course of its commercial activities. The lease payment is payable and paid by the business on January 1, 2010, and covers the lease interval of January 1 to December 31, 2010. The lease of the property is subject to the GST. The business files monthly GST/HST returns. Would the business be required to self-assess the provincial part of the HST? Yes. The lease payment becomes due and is paid during the period after October 14, 2009 and before May 2010. Even though the business uses the property exclusively in commercial activities, it uses a simplified method for calculating net tax and therefore would be required to self-assess the provincial part of the HST on the part of the lease payment that is attributable to the period beginning on July 1, 2010, i.e., six out of the twelve-month lease interval or 50% of the lease payment. The business would be required to account for the tax in its GST/HST return for the reporting period that includes July 1, 2010. 79. The operator of a trailer park, who is a GST/HST registrant, leases a site in the park to an individual for the individual's personal use. The lease payment is subject to the GST and is due in April 2010 for the six-month period from May 1, 2010 to October 31, 2010. The lease payment is not paid before it becomes due. Would the operator be required to collect the HST? Would the individual be required to self-assess the B.C. part of the HST?

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No, the operator would not be required to collect the HST and the individual would not be required to self-assess. Given that the lease payment becomes due during the period after October 14, 2009 and before May 2010, the operator would not be required to collect the HST for any part of the lease payment that is attributable to a period beginning on July 1, 2010. Given that the individual is a consumer, the individual would not be required to self-assess the provincial part of the HST. However, the GST at 5% would apply to the lease payment. 80. The operator of a trailer park, who is a GST/HST registrant, leases a site in the park to an individual for the individual's personal use. The lease payment is subject to the GST and is due on May 1, 2010, for the six-month period from May 1, 2010 to October 31, 2010. The individual paid the amount of the lease payment on April 15, 2010. Would the operator be required to collect the HST? Would the individual be required to self-assess the provincial part of the HST? No, the operator would not be required to collect the HST and the individual would not be required to self-assess. Although the lease payment becomes due in the period after April 2010 and before July 2010, the payment is made without becoming due by the individual on April 15, 2010, which is after October 14, 2009 and before May 2010. The transitional rules apply based on the earlier of the date the lease payment becomes due and the date the lease payment is made without having become due. As such, the operator would not be required to collect the HST for any part of the lease payment that is attributable to a period beginning on July 1, 2010. Given that the individual is a consumer, the individual would not be required to self-assess the provincial part of the HST. However, the GST at 5% would apply to the lease payment. 81. The operator of a trailer park, who is a GST/HST registrant, leases a site in the park to an individual for the individual's personal use. The lease payment is
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subject to the GST and is due on May 1, 2010 for the six-month period from May 1, 2010 to October 31, 2010. The individual paid the amount of the lease payment on May 10, 2010. Would the operator be required to collect the HST? Would the individual be required to self-assess the provincial part of the HST? Yes, the operator would be required to collect the HST for part of the lease payment as the lease payment becomes due during the period after April 2010 and before July 2010 and is not paid before that period. Accordingly, the HST would apply to the part of the lease payment that is attributable to the period beginning on July 1, 2010 i.e., four out of the six months or 67% of the lease payment. The operator must account for the provincial part of the HST in its GST/HST return for the reporting period that includes July 1, 2010. Progress payments 82. Would the HST apply to progress payments made for the construction of real property in B.C.? The HST at 12%, composed of the federal part at 5% and the provincial part at 7%, would generally apply to progress payments made under contracts for the construction, renovation, alteration or repair of real property where the progress payment becomes due after October 14, 2009 to the extent that the payment can reasonably be attributed to property delivered or services performed on or after July 1, 2010. To the extent that the progress payment can reasonably be attributed to property delivered or services performed before July 2010, the payment would not be subject to the provincial part of the HST. The provincial part of the HST would not apply to a progress payment that becomes due or is paid on or before October 14, 2009, regardless of when property is delivered or services are performed. If a progress payment becomes due or is paid without having become due
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after October 14, 2009 and before July 2010, the payment would be considered to become due on July 1, 2010, and not to have been paid before that date. To the extent that the progress payment is attributable to property delivered or services performed on or after July 1, 2010, the HST would be payable on July 1, 2010. In this case, a supplier would be required to account for the provincial part of the HST in its GST/HST return for the reporting period that includes July 1, 2010. If eligible, the recipient would be entitled to claim any corresponding ITC for the provincial part of the HST in its GST/HST return for the reporting period that includes July 1, 2010. In cases of written contracts, if the construction, renovation, alteration or repair is substantially completed (90% or more) before June 2010, the construction would be considered to be substantially completed on June 1, 2010. Any consideration or part of the consideration for the contract, other than an amount that is a holdback, that has not been paid or become due on or before July 31, 2010, would be considered to become payable on that date. 83. On January 15, 2009, a corporation entered into a contract to construct a six storey building. Construction began on July 1, 2009 and is expected to be completed on August 15, 2010. A progress payment is due on July 5, 2010, for the work completed up until the end of June 2010. Would the HST apply to the progress payment? No. Although the progress payment becomes due on July 5, 2010, the payment is attributable to property delivered and services performed before July 2010. As such, the HST would not apply to the progress payment. However, the GST at 5% would apply. 84. On March 10, 2010, a corporation entered into a contract to construct a parking garage. Construction began on July 1, 2010, and is expected to be
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completed on October 1, 2010. A progress payment is due on August 1, 2010, for the work completed up until the end of July 2010. Would the HST apply to the progress payment? Yes. The HST would apply to the progress payment, or that part of the payment, that is attributable to property delivered and services performed on or after July 1, 2010. If any part of the progress payment can reasonably be attributed to property delivered or services performed before the construction actually began (July 1, 2010), the HST would not apply to that part of the progress payment. However, the GST at 5% would apply. 85. My company is renovating a house and the first three progress billings are due as follows: $20,000 on April 15, 2010; $15,000 on June 1, 2010; and $10,000 on August 1, 2010. The agreement for the renovation was entered into on November 1, 2009. Would the HST apply to these progress payments? Yes, the HST would apply to some of the progress payments to the extent that the payments are attributable to property delivered or services performed on or after July 1, 2010. The date the agreement is entered into by the parties does not affect the application of the HST to progress payments. If the $20,000 progress payment is reasonably attributable to property delivered and services performed before July 2010, the HST would not apply to this payment; however, the GST at 5% would apply. If 40% of the $15,000 progress payment (i.e., $6,000) is reasonably attributable to property delivered and services performed before July 2010, the HST would not apply to that part of the payment. However, GST at 5% applies to 40% of this payment (GST = 5% of $6,000 = $300). Since 60% of the $15,000 progress payment (i.e., $9,000) is reasonably attributable to property delivered and services performed on or after July 1,
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2010, the HST at 12% would apply to 60% of the payment (HST = 12% of $9,000 = $1,080). If the $10,000 progress payment is wholly attributable to property delivered and services performed on or after July 1, 2010, the HST at 12% would apply to this payment. 85.1 On May 21, 2010, the construction of a parking garage is substantially complete. A progress payment of $10,000 is due and paid on August 15, 2010. $4,000 of this progress payment is reasonably attributable to property delivered and services performed on or after July 1, 2010. Would the HST apply to this progress payment? Yes. The provincial part of the HST would apply to the part of the progress payment that is attributable to property delivered and services performed on or after July 1, 2010 i.e., $4,000. For purposes of determining when the provincial part of the HST would be payable, the construction would be considered to be substantially completed on June 1, 2010, given that the construction was substantially completed on May 1, 2010. As a result, the provincial part of the HST (i.e., 7% of $4,000 = $280) would be payable on July 31, 2010. The federal part of the HST payable in respect of the progress payment (i.e., 5% of $10,000 = $500) would be payable on June 30, 2010 in accordance with the current GST rules. Holdbacks 86. Would the HST apply to holdbacks for the construction of real property in B.C.?

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If, in accordance with federal or provincial law or a written agreement for the construction, renovation, alteration or repair of real property, a purchaser keeps a part of a progress payment as a holdback pending satisfactory completion of the work, the HST at 12% would generally apply to the holdback to the extent that the progress payment can reasonably be attributed to property delivered or services performed on or after July 1, 2010, provided that the progress payment becomes due or is paid without having become due after October 14, 2009. The GST/HST on the amount of the holdback, or any part thereof, becomes payable on the earlier of the day the purchaser pays the holdback and the day the holdback period expires. The GST/HST is collectible by the supplier on the earlier of the above dates even if the supplier already issued an invoice for the holdback and charged the GST/HST on this amount. The provincial part of the HST would not apply to a holdback that is withheld from a progress payment that is attributable to property delivered and services performed before July 2010 even if the holdback is paid on or after July 1, 2010. 87. On August 1, 2010, a final progress payment of $25,000 less a holdback amount is due for the construction of a house on land owned by an individual. 70% of the progress payment is reasonably attributable to property delivered and services performed after June 2010. In accordance with the written contract for the construction of the house, the individual only pays $5,000 and keeps $20,000 (10% of the value of the contract) as a holdback pending satisfactory completion of the work. Would the HST apply to the holdback amount? Yes, the HST would apply to a part of the holdback amount. Since 70% of the progress payment is reasonably attributable to property delivered and services performed after June 2010, 70% of the progress payment of $5,000 would be subject to the HST at 12%. GST at 5% applies to 30% of the $5,000 progress payment. Given that the holdback is retained from this progress payment, the HST would apply to 70% of the holdback amount i.e.,
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70% of $20,000 = $14,000. The amount of the GST on the holdback i.e., 5% of $6,000 = $300 and the amount of the HST on the holdback i.e., 12% of $14,000 = $1,680, would be payable on the earlier of the day the purchaser pays the holdback amount and the day the holdback period expires. Additional questions and answers related to real property 88. When I purchase a house, I incur additional costs such as legal fees, home inspection fees and real estate agent commission fees. Currently, I am required to pay GST of 5% in respect of these fees. Would these fees be subject to tax at 12% under the HST? Yes. Under the HST, you would be required to pay the HST at 12% for taxable goods and services that you acquire in relation to the purchase of your house where these goods and services are currently subject to the GST at 5%. The HST would generally apply to these goods and services even if the sale of the house is grand parented or exempt from the tax (e.g., the house was previously occupied by an individual as a place of residence). 89. Would a construction business that is registered for GST/HST purposes recover the HST it pays on business expenses? Generally, yes. If eligible, businesses that are GST/HST registrants would claim ITCs to recover the HST at 12% paid or payable on most purchases and operating expenses for use in their commercial activities, in the same manner that they currently do for the GST. Businesses would claim ITCs on their regular GST/HST returns, but would not claim any ITCs for any PST paid or owing. For example, a contractor who is registered for GST/HST purposes and engaged in the business of providing home renovation services would claim ITCs for the HST paid or payable:
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on a lease of commercial real property for use as an office and for storage of equipment and materials; on building materials; to plumbing and electrical subcontractors; on inspection services, and on legal and accounting services.

In some cases, businesses may be required to recapture the provincial part of certain amounts claimed as ITCs. Further information on ITC restrictions will be provided in the near future. Enquiries by telephone Questions relating to this notice or technical enquiries on the GST/HST: 1-800-959-8287 General enquiries on the GST/HST: 1-800-959-5525 (Business Enquiries) If you are located in Quebec: 1-800-567-4692 (Revenu Qubec) All technical publications on GST/HST are available on the CRA Web site at www.cra.gc.ca/gsthsttech.

Footnotes 1- [In this document, references to a lease include a license or similar arrangement. Date Modified: 2009-12-17

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Summury of GST/HST inBC

British Columbia will harmonize its provincial sales tax (Social Services Tax, aka PST) with the Federal goods and services tax (GST) effective July 1, 2010. The Consumption Tax Rebate and Transition Act, which eliminates the PST and prepares BC for the HST, was passed in the BC legislature on April 29, 2010. The current PST rate in BC is 7%, which, when combined with the GST results in a harmonized sales tax (HST) rate of 12%. The implementation of HST in BC will be good for the economy, which will be good for job-seekers and consumers. It removes a consumer tax (PST) which is costly for businesses and government to administer. Even a small business (such as a selfemployed person) which is not required to register to collect GST has to register to collect PST if it sells or provides any amount of a product or service which is subject to PST. The government has auditors who must audit businesses, businesses have accountants who must report on and remit the tax, and too often, lawyers and the courts are brought into the picture because the Social Services Tax Act has many parts that are open to interpretation. The implementation of the HST eliminates an entire level of bureaucracy, which is always a good thing! There will be a slight increased cost to consumers to start, but because this is a consumption tax, those who spend the most will pay the most. Those with low incomes will be affected the least, because they spend the least, and a higher proportion of items

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purchased by low-income people are not subject to HST, such as basic groceries. Another advantage of going to HST is that tax will no longer be payable on most used goods purchased privately. However, used vehicles, aircraft and boats purchased privately (not from an HST registrant) would still be subject to provincial sales tax, which is being increased from 7% to 12%. Almost everything that is subject to PST when purchased new is also subject to PST when purchased used. Exceptions to this are used clothing or footwear priced at less than $100, and certain used manufactured homes. Most people are not aware that the Social Services Tax Act requires them to remit the tax to the government when they buy used goods privately, or when they purchase something from an out of province seller. We would guess that most people don't remit the PST on this type of item, and are therefore in contravention of the Social Services Tax Act. Businesses which are registered to collect GST or HST can claim input tax credits to recover all of the GST or HST that they have paid. The change to HST will mean a significant savings and boost in productivity for businesses in BC, because: they will no longer have to pay PST they will no longer have to prepare PST remittances they will save on consulting costs - the PST rules are very complicated, and frequently require professional advice in their interpretation employees will spend much less time trying to find the answers to PST questions PST audits will be eliminated

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The GST/HST rates are as follows: On or after January 1, 2008 GST rate is 5% HST rate is 13% (5% federal part and 8% provincial part) Before January 1, 2008 and after June 30, 2006 GST rate was 6% HST rate was 14% (6% federal part and 8% provincial part) Before July 1, 2006 and after December 31, 1990 GST rate was 7% Before July 1, 2006 and after March 31, 1997 HST rate was 15% (7% federal part and 8% provincial part)

Harmonized Sales Tax: Creating Jobs, Lowering Prices B.C. will have the lowest provincial personal income taxes in Canada for individuals earning up to $118,000. Since 2001, the B.C. Government has reduced taxes more than 120 times, benefiting both business and the people of British Columbia.
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 For the majority of taxpayers, your B.C. Government has reduced provincial income taxes by at least 37 per cent and an additional 325,000 people no longer pay any B.C. income tax. An individual earning $15,000 now pays $420 less in taxes; An individual earning $20,000 now pays $605 less in taxes; An individual earning $40,000 now pays $990 less in taxes; An individual earning $50,000 now pays $1,400 less in taxes; An individual earning $60,000 now pays $1,820 less in taxes; An individual earning $70,000 now pays $2,240 less in taxes. Your B.C. Government will increase the basic personal income tax credit by 17 per cent to $11,000 on January 1, 2010. Your B.C. Government increased the Low Income Climate Action tax credit to low-income families by 5 per cent on July 1, 2009. That means low-income families will be eligible for $105 per adult and $31.50 per child annually. This new benefit will put an additional $15 million a year back in the pockets of the families and individuals who need it most. Your B.C. Government will introduce a B.C. HST credit, paid quarterly with the GST and Low Income Climate Action tax credits to offset the impact of the HST on those with low incomes. In 2008, every B.C. resident received a $100 climate action dividend cheque to help British Columbians make smart choices to reduce their carbon footprint Introduced the Rental Assistance Program in 2006, providing rent payment assistance to more than 8,200 low-income, working families with children whose combined income is less than $35,000. The average monthly rental assistance provided to these families is about $350. The Shelter Aid for Elderly Renters (SAFER) program has been improved and expanded, with 15,700 seniors' households that's 3,700 more households than 2001 receiving an annual rental subsidy of $1,800. Your B.C. Government has increased the home owner grant by $100 and eliminated the threshold for lowincome seniors, veterans and persons with disabilities. Your B.C. Government is providing a Northern and Rural Homeowner benefit of up to $200 for homeowners in the area of the province outside the Capital Regional District, Greater Vancouver Regional District and Fraser Valley Regional District for the 2011 tax year.
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 With the improvements your B.C. Government is making to the MSP Premium Assistance Program, those in the greatest financial need will actually come out ahead. For example, a senior couple with an income of $35,000 will see their annual premium cost fall by more than $200. A family of four earning $30,000 will see their annual costs reduced by more than $250. In total, approximately 180,000 British Columbians will see their premium costs reduced or eliminated. Healthy Kids Program provides $700 per child, per year for additional dental and eye care on top of MSP Premium Assistance. After Fair Pharmacy Care was introduced in 2003, 300,000 families received more support than they did in 2001; under this program, the vast majority of British Columbians now pay the same or less for their prescription drugs. Your B.C. Government provides a Child Care Subsidy Program to assist low- and middle-income families earning up to $38,000 with the costs of child care. On average, a family receiving the child care subsidy would receive $5,400 per child over the course of a year. Your B.C. Government created a new, temporary property tax deferment program for those British Columbians experiencing serious financial difficulties due to current economic conditions. Your B.C. Government permanently removed the tolls on the Coquihalla Highway saving travelers time and money. A passenger vehicle making a round trip twice a month will save $480 a year, and a commercial truck making a round trip once a week will save $4,800 a year. (Source:http://www.gov.bc.ca/yourbc/tax_families/tf_taxpayers.html?src=/taxpayers/tf_taxpayers.html)

Sales taxes in British Columbia

PST Currently, the Provincial Government of British Columbia collects a Social Service Tax as known as the Provincial Sales Tax (PST) of 7% on most of the goods and services. The main difference with the GST is its taxable base since the PST taxation is done disregarding
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if the good or service is for final use or not (at the difference of the GST taxing only goods and services for final use. Main tax exemptions unprocessed food restaurant fuel children sized clothes and footwear Tax revenue The PST revenue is estimated at 5.087 Billions for the 209/2010 exercise from which 2 Billions is directly paid by the business sector. It represents ~13% of the BC government budget. HST The BC government has announced on July 23rd, 2009, its intention to replace, by July 1st, 2010, the PST by a Harmonized Sales Tax (HST) combining the GST with a provincial tax following the same rule than the GST. Rationale The PST being a retail tax, the business sector is subject to a 7% PST on most of its input, so it is put at a competitive disadvantage with business of other jurisdiction not subject to such taxation. Transferring this tax to the consumer favour both the exportation, and investment in productivity and according several study is a more efficient taxation. It could also disfavor the labour intensive service industry (like hairdresser or hospitality services), where inputs are marginal.

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PST versus HST revenue While the PST revenue is estimated $5.083 billion, for the 2009/2010 exercise, the HST revenue could generate significantly more revenue, $6 billions according to the projection below, Several source concurs to estimate the 5% GST revenue for British Columbia of ~$5 Billions (or a tax base at ~100 billion after the current GST exemption concerning the public sector), this revenue can be multiplied by 7%/5%, taking account the difference rate, between current GST and proposed additional 7%, to estimate the HST provincial revenue, the taxable base being the same. This is not taking account the additional windfall of $1.6 Billion provided by the Federal Government, as a consequence of the HST adoption, and collection cost saving estimated at $30 millions.

Mitigation measure
In order to be revenue neutral, the BC government could explore several avenues: The Memorandum agreed between the provincial and the federal government, gives the former the flexibility to Adjust the tax rate (after a 2 years period, and currently fixed at 7%), according to the above projection, the tax base change could provide room for a decrease of the tax rate of more than 1 point, to keep revenue neutral. exempt some service and good in the limit it doesn't affect more than 5% of the tax base The Memorandum seems to prefer the second path by suggesting exemption of Motive fuel, Children's Clothing and footwear, Children car seats, Feminine hygiene and Books.

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Beside it, and following the #rationale justifying the introduction of the HST, the BC government, following the example of the Ontario government, could choose to reduce other tax, reputed inefficient in economic term like personal tax. Critics Rather than decrease the rate of the HST across the board, the government has chosen to favour some special interest group industries, calling several comments General remark One will note that all those discretionary exemption defeat one purpose of the HST, which is tax harmonization, with cost saving achieved by red tape reduction. The HST shift benefits mostly to the capital intensive industry which is mining and forestry in BC. The government having chosen to exclude most of labor intensive service industry of HST tax relief, the tax shift appears to favor the rural BC interior over the urban area riding, and the exemption on motive fuel could be a consequence of this choice. In other word, the tax shift could favor declining legacy industry representing a declining share of the BC GDP. However, the government has adopted the following policy on goods taxation: tax credit on demand elasticity non directly function of the family income, like heating fuel Provincial HST exemption on demand elasticity directly function of the family income, like children garments. HST and Green agenda In 2008, BC has introduced a Carbon tax. In the meantime it plane to exempt motive fuel of the 7% HST. However the soft transportation mode like bike, bike part and service, currently exempted of PST will be subject to the 7% under the HST umbrella. This lack of
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readability in the political agenda pursued by the government in regard of the climate action has been called "pretzel logic" by a Province commentator. Some could explain the reasoning as a way to avoid too many taxes for the motive fuel, already subject to the carbon tax, but then the reasoning should also apply to heating fuel what the BC government is short to do. Fuel Demand elasticity it is known the demand elasticity, as a function of price, for motive fuel is very light, so there was a priori little incentive for a government to renounce to the taxation on such item by means of across the board taxes exemption, restraining his ability to reduce price, by means of tax reduction, on sector more sensible to pricing. Whether final price of motive fuel is an issue for economic competitiveness, the provincial government had a way to mitigate the effect of the HST introduction by reducing the motor fuel tax accordingly. Whether the final price is a social issue, the government can also act by a tax credit, leaving choice to consumer to either use it to offset the tax effect, or eventually to shift to less dependable mode. HST and Sport Agenda In 2009/2010, the Government spend $70 million in the promotion of healthy living and sport, but the introduction of HST will translate by a new taxation of 7% for numerous of sport activities: biking fitness and gym club ski passes What could largely conceal the effort of the ministry of healthy living and sport?

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HST and Social issue HST will affect the heating fuel (previously exempted by the PST), and government plane to provide a tax credit to mitigate the effect of it. other items, like children's clothes and footwear, currently exempted of PST will be not affected by the HST either, though that the government could have choose to mitigate the HST effect by a tax credit like in the case of motive fuel, which could have been more favorable to low income families which spend less on garment than rich families. HST and Housing Renting Under the GST rule, rent are exempted, so they will be also under HST rule like it was under PST rule. Purchasing Purchase of existing home are exempted of GST (and so will be of HST) while purchase of new home are subject to a GST rate reduced of 36% if the purchase price is below $350 000 (paying effectively a tax rate of 3.2%). Under PST rule, purchase of new home is exempted of tax. Under BC HST rule, up to $200000 of the provincial part of the HST could be refunded (making virtually tax free the purchase of new home under $400 000). Nevertheless realtors and home appraisals service will be subject to full HST, whereas they were only subject to GST. It could be considered the change could have little effect on the market: Realtor fees are traditionally paid by the seller, and tax increase will only affect its potential benefit (that is assuming the cost of home is fixed by market). Cost of Appraisal service can be considered as negligible in a traditional home purchase. HST effect on new home pricing is expected to be mitigated by suppression of the PST on the construction inputs.

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Benefits for Home Buyers New homes in B.C. are subject to the GST, and also carry an estimated two per cent embedded tax as a result of the PST paid on most construction materials. Under the proposed Harmonized Sales Tax, new homes will be subject to the HST but the embedded PST will be eliminated because builders will be able to recover the tax paid on materials through input tax credits. Used homes will not be subject to the HST. An essential part of the BC HST will be a tax rebate for new homes. A rebate of up to $20,000 will ensure that purchasers of new homes up to $400,000 do not pay more tax due to harmonization than is currently embedded in the price of a new home. New homes above $400,000 will be eligible for a $20,000 rebate. New home sales will be subject to the HST Sales of used homes will not be subject to HST. BC Property Tax All property owners are taxed annually based on the assessed values as determined by the BC Assessment Authority. The BC Assessment Authority produces annual property assessments based on the market value of the real estate as at July 1st in the previous year. Property assessments are determined using standard real estate valuation approaches; direct comparison, cost and income approaches. The BC Assessment Authority also determines the physical condition, reflecting any changes after the valuation date, and the actual use(s) to apply the correct property tax classification(s) for each property as at October 31st in the previous year. Property owners receive their annual property assessment notices in the first week of January. The property owner has until January 31st to file an appeal with the Property Assessment Review Panel. There is no fee to file an appeal to the Property Assessment Review Panel. A third party may also file an appeal against a property assessment notice. The BC Harmonized Sales Tax in a Nutshell A Quick Overview of the B.C. HST 12% Tax and How It Influences New Home Buyers of Real Estate
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The Harmonized Sales Tax (also known as the new BC HST) is 12% tax applicable to most goods and services, including new homes, real estate, and property. The new B.C. HST 12% Tax is the combination of the Federal Goods and Services Tax (5% GST) and the Provincial Sales Tax (7% PST). Implementation of the BC Harmonized Sales Tax will take place on July 1, 2010. The BC HST is NOT a 12% real estate tax, but a provincial harmonized tax on most goods, services and consumer products including new homes. Currently, new BC and Vancouver homes are subject to 5% GST (federal tax) in which first time homebuyers or investors can receive GST rebates. This 5% GST will be replaced with the higher 12% B.C. Harmonized Sales Tax (HST), a 7% difference in taxes on the total purchase price of a new British Columbia home or property. The B.C. HST program will give partial rebates for new BC homes priced up to $400,000. The government will give these homebuyers a partial five per cent BC HST rebate on the provincial tax side which makes any new B.C. home or Vancouver property $400,000 or less no more expensive than it is today. Homebuyers looking to buy new Vancouver property over $400,000 will receive a maximum BC HST rebate of $20,000, but will see the purchase price above that level subject to the extra five per cent tax rate system. The British Columbia Harmonized Sales Tax of 12% HST is also applicable to any costs and fees associated with your property/home purchase including legal/notary fees, commissions and other closing
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costs. The BC HST transition rules are unclear at this time. It is unknown whether new Vancouver home sales contracts written before July 1, 2010 but completed after the harmonized sales tax HST launch date will be subject to the current 5% GST only or the entire 12% HST new tax. The cost of new home ownership will increase significantly in British Columbia due to the new BC HST tax of 12%. Not only will your new home or real estate cost more up front, but the 12% HST harmonized sales tax is also applicable to such things like strata fees, residential heating fuel, commercial rents, smoke detectors, fire extinguishers, repairs, cable TV, internet, electricity, gas, renovations, painting and other professional services.

Some BC Real Estate HST Numbers and How It Affects You

Scenario 1: Based on a purchase price of $600,000 for a new BC or Vancouver home, the homebuyer would pay a total of $72,000 in BC HST taxes (12% on $600,000). With the homebuyer HST rebate for purchases above $600,000, the homebuyer would receive the $20,000, thus reducing their purchase cost to $52,000 in taxes for a total of $652,000. Currently, the 5% GST applicable to the same home would cost only $30,000 (a difference of $22,000). *This does not include the HST applicable to closing fees. Scenario 2: If a BC homebuyer wanted to purchase a new Vancouver home costing $800,000, the total 12% HST hit would be $96,000. The partial HST rebate of $20,000 (maximum allowed) will reduce this to $76,000, making the final purchase price at $876,000 plus property transfer taxes and other closing costs. Before July 1, 2010, a new home would be subject to only 5% GST which is $40,000 on an $800,000 property. With the new BC harmonized sales tax, a BC homebuyer would pay $36,000 more for the same home after implementation of the HST tax. *This also does not include the HST applicable to closing costs. (Source: http://www.vancouver-real-estatedirect.com/HST/index.html)

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The BC HST Rebate Partial British Columbia Harmonized Sales Tax Rebate on New B.C. and Vancouver Housing and Real Estate Although the BC government and Ministry of Finance indicates that there is currently the 5% GST applicable to new construction homes and BC real estate for sale in addition to 2% PST that is embedded within the cost of new homes on construction materials (as Vancouver and BC home builders can get the full PST rebate currently), the 12% HST or BC Harmonized Sales Tax is applicable to any new housing. The BC government has stated that there will be a partial HST rebate available to homebuyers that are equal to 5% of the purchase price up to a maximum BC HST rebate amount of $20,000 (twenty thousand dollars). As the Ministry of Finance indicates the hidden 2% PST tax on construction materials for new homes built in BC right now, they argument is that with the 5% HST rebate on new homes in Vancouver/BC, homebuyers purchasing new property under $400,000 will be paying the same amount before and after July 1, 2010. Essentially, the current 5% GST + 2% PST embedded into current Vancouver new homes is equal to the 12% HST 5% HST rebate on homes less than $400k purchased after July 1st. However, BC homebuyers looking to purchase new Vancouver property over $400,000 will not be so lucky, as they will be taxed at a rate that is 7% higher than the current GST/PST system because of the flat $20,000 HST rebate allowable by the government. The B.C. Ministry of Finance has indicated that about half of new BC and Vancouver home construction is sold for more than $400,000. Therefore, half of new Vancouver homebuyers will not see a difference in their final purchase cost after the 5% HST rebate is applied, while the other half of new home buyers will see a significant 7% increase in their purchase price even with the $20,000 BC HST harmonized sales tax rebate. There is currently no form or indication of how the BC harmonized sales tax rebate or HST rebate can be claimed at this time, but further information will be released next year. The new BC HST will apply to new home sales. However, purchasers of new Homes will be able to claim a rebate equal to 5% of the purchase price up to a maximum of $20,000. The governments stated intent is that new homes up to $400,000 will not be subject to any additional tax burden than under the current regime. It is estimated that there is currently PST embedded in the cost of new homes equivalent to a 2% tax rate. Used or resale homes will not be subject to the BC HST just as they are not subject to GST.

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Current New home Price before GST & PST (PST System) system New home price before 1 taxes Embedded PST GST (5%) Federal HST (5%) Provincial HST (7%) BC new housing rebate Federal new housing rebate Property transfer tax Total new home cost 1 including taxes
2

$350,000

&450,000

&600,000

&750,000

&1,000,000

PST System &350,000

HST System &343,000

PST System $450,000 $9,000 $22,500 $0 $0 $0 $0 $7,000 $479,500 -0.3%

HST System $441,000 $0 $0 $22,050 $30,870 $22,050 $567 $6,820 $478,123

PST System $600,000 $12,000 $30,000 $0 $0 $0 $0 $10,000 $640,000 -0.3%

HST System $588,000 $0 $0 $29,400 $41,160 $26,250 $0 $9,760 $642,070

PST System $750,000 $15,000 $37,500 $0 $0 $0 $0 $13,000 $800,500 1.1%

HST System $735,000 $0 $0 $36,750 $51,450 $26,250 $0 $12,700 $809,650

PST System $1,000,000 $20,000 $50,000 $0 $0 $0 $0 $18,000 $1,068,000 2.0%

System

HST

$980,000 $0 $0 $49,000 $68,600 $26,250 $0 $17,600 $1,088,950

$7,000 &17,500 &0 &0 &0 &6,300

&0 &0 &17,150 &24,010 &17,150 &6,174

&5,000 &366,200 -01%

&4,860 &365,696

Assumes that pre-tax new home price under the HST decreases by the amount of embedded PST, and that after-tax new home price increases by full amount

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of provincial HST. Market forces will impact the extent to which these occur.
2

It is estimated that the embedded PST in new homes in BC is, on average, equal to about 2% of the price. The amount of PST embedded in a specific

new home may be more or less than 2%.

Comparison PST & HST System for new Home

GOODS subject to BC Harmonized Sales Tax Energy conservation equipment (e.g., insulation, solar power equipment), bicycles, schools supplies (although books will be exempt), smoke detectors and fire extinguishers, work related safety equipment basic cable TV and residential phones, non-prescription medication, vitamins and dietary supplements, residential flues (electricity, natural gas) and heating, all food products (only basic groceries will remain exempt from BC HST), safety helmets, life jackets, first aid kits, magazines and newspapers.

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Partial British Columbia Harmonized Sales Tax Rebate on New B.C. and Vancouver Housing and Real Estate
Price of Eligible New Home (not including GST/HST) $350,000 $400,000 $600,000 $800,000 $1,000,000
1

GST Portion New Housing Rebate1 $6,300 $3,150 $0 $0 $0

BC Portion New Housing Rebate2 $17,500 $20,000 $20,000 $20,000 $20,000

Total Rebates $23,800 $23,150 $20,000 $20,000 $20,000

Purchase Price (not including property transfer tax & other closing fees) $368,200 $424,850 $652,000 $876,000 $1,100,000

New Home Cost Increase $0 $0 $22,000 $36,000 $50,000

New British Columbia and Vancouver home buyers may be eligible for the federal GST Rebate (Called the GST new housing rebate), which generally equals 36% of the total GST tax paid on the first $350,000 of the purchase price of a new home. The amount of the federal GST rebate is phased out on a straight-line basis for new BC and Vancouver homes priced between $350,000 and less than $450,000. 2 British Columbia proposed Harmonized Sales Tax rebate (or BC HST rebate) for new housing is equal to 5% of the purchase price up to a maximum rebate of $20,000. Wondering What Goods and Services are Subject to the New BC HST? As with any transition between taxes, there is much confusion among the public and consumers as to the new laws and guidelines. Such is the case with the implementation of the B.C. Harmonized Sales Tax or BC HST of 12%, what goods and services are subject to this new tax? And what products that were charged provincial sales tax or PST of 7% will be charged at 12% HST now? Basically speaking, the B.C. Harmonized Sales Tax is the harmonization or combination of the 2 taxes that British Columbians pay currently. However, some goods and services are subject only to PST and some only to GST while others are subject to both taxes. For the new BC HST, everything will be taxed at 12%. Here is a list of BC goods and services that used to be only charged 7% PST, and will now be subject to the entire harmonized sales tax of twelve per cent.
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SERVICES subject to the new B.C. HST Airline fares within Canada, Funeral services, Real estate fees, Membership fees for health clubs, dry cleaning, personal services such as hair care, Movie and theatre tickets, Professional services such as accounting and home care, Repair services for household appliances, and Household maintenance such as renovations and painting. GOODS and SERVICES that will actually cost LESS! Liquor at restaurants will actually end up costing less with the integration of the 12% HST in British Columbia. Currently, there is a 15% tax on liquor in BC restaurants (thats 5% GST and 10% liquor tax). This 15% liquor tax will be replaced with the 12% harmonized sales tax, reducing the taxes by 3%. GOODS and SERVICES that is exempt from the B.C. Harmonized Sales Tax of 12% These include fuel including gas, diesel and bio-fuel in addition to low income families who will receive HST refund cheques quarterly to compensate for the 12% HST. The HST refund cheques to low income families is in addition to the federal GST refund cheques as well as the BC carbon tax credit cheques that they currently receive. Also, childrens items including books, clothing, footwear, car seats, booster seats, diapers and feminine hygiene products are exempt from the 12% BC HST tax. Benefits for Small and Medium-Sized Businesses Lower cost of doing business: The proposed Harmonized Sales Tax (HST) will reduce costs for B.C.s small and medium sized businesses by eliminating the PST on business costs, generating about $2 billion dollars in savings from all businesses that can be passed on to consumers.

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Currently, businesses pay PST on most of their inputs that go into producing or selling their products and services. For example, tax is paid on office equipment, supplies and furniture, telecommunications equipment and services, Vehicles and energy to heat and light their buildings and power their equipment Under the proposed HST, all B.C. businesses will no longer pay tax on these input costs resulting in savings of $1.9 billion For example, a restaurant wills no longer pay sales tax (PST) on products which are considered business inputs Under HST such as: fridges, stoves, freezers, dishwashers and other appliances energy for heat, cooking and operating equipment and lighting cleaning supplies, such as rags, soaps and cleaning solutions, cash registers, computer hardware and software equipment repair and maintenance services paper towel and toilet paper customer food bills and menus cloth napkins, table cloths, tray covers and placemats pots, pans, kitchen implements and knives plates, bowls, glasses, cups, other reusable dishes, and cutlery coffee machines, blenders, mixers and other small appliances free-standing equipment such as juice dispensers, ice machines and coolers office equipment, supplies and furniture advertising materials, such as flyers and brochures items purchased to give away as free promotions These savings will reduce business costs, attract investment, create jobs and according to studies on the implementation of HST in eastern Canada, result in lower prices for consumers.
Some items addressed in the proposed HST transitional rules:
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 Funeral services - HST will not apply to funeral services where the contract is entered into before July 1, 2010. Transitional PST inventory rebate for residential real property contracts - A rebate will be available for PST embedded in construction materials purchased before July 1, 2010, but used in residential property contracts on or after July 1, 2010. Subscriptions to newspapers, magazines and other periodical publications - HST will not apply to subscriptions paid before July 1, 2010. Passenger transportation services - HST will generally not apply to the cost of continuous journeys that commence before July 1, 2010. Freight transportation services - HST will generally not apply to the cost of a freight transportation service performed on or after July 1, 2010 if the service is part of a continuous freight movement of goods that begins before July 2010.

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What's Taxable under the HST and What's Not? 1 Source: https://hst.blog.gov.bc.ca/wp-content/uploads/2010/05/GST_PST_HST_List_v04.pdf
AROUND THE HOUSE GST-taxable before July, 2010 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% PST-taxable before July 1,2010 7% 7% 7% 7% 7% No PST No PST No PST No PST 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7%
1F

Cleaning Products Laundry Detergent, Fabric Softeners Household Furniture Household Appliances (Refrigerators, Stoves, Washers, Dryers, Pre-packaged Computer Software Books (Including Audio Books) Newspapers Certain School Supplies Magazines Office Supplies and Stationery Landscaping Material (Sod, Topsoil, Rockery) Linens (e.g., Blankets, Towels, Sheets) Tens, Sleeping Bags, Camping Equipment Tools Patio Furniture Rugs and Mats Works of Art, Vases, and Carvings Sewing Machines Vacuum Cleaners Barbeques, Lawnmowers, Snow Blowers, Sprinklers Toys (e.g., Puzzles, Games, Action Figures, Dolls, Playsets) Outdoor Play Equipment (e.g., Swing Sets, Sandboxes, Slides) Arts and Craft Supplies (e.g., Glue, Paper, etc) Building Materials (e.g., Lumber, Concrete Mix, Nails)
1 2

Is there a change to the amount of tax payable the HST? No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 5%) Yes (changes to 12%) Yes (changes to 12%) Yes (changes to 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) Yes (changes to Yes (changes to 12%)

7% 7% 7%

- Assumes sales by GST/HST registrants that are not non-profit organization or registered charities, unless otherwise specified. - The Energy Star exemption for residential refrigerators, freezers and clothes washers ended on March 31, 2010. All major household appliances are now subject to PST.

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Energy Star Windows Thermal Insulation, Weather Stripping and Caulking Exterior and Interior Paint Kitchen Utensils Cookware First Aid Kits Smoke Detectors Valued less Than $2502 for Residential Use Other Smoke Detectors Household Pets (Including Pet Food) House Plants, Cut Flowers, and Outdoor Ornamental Plants Food Producing Plants and Trees (e.g., Tomato Plants, Plum Tree) Household Moving Services

5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5%

No PST 3 NoPST 7% 7% 7% NoPST No PST 7% 7% 7% NoPST NoPST

Yes (changes to 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%)

CLOTHING, FOOTWEAR AND ACCESSORIES

GST-taxable before July, 2010

PST-taxable before July 1,2010

7% No PST No PST No PST 7% No PST No PST No PST 7%

Is there a change to the amount of tax payable the HST?

No (remains 12%) No (remains 5%) Yes (changes to 12%) No (remains 5%)
4 5

Adult Clothing and Footwear Children Sized Clothing and Footwear Adult Sized Clothing for Children Children's Cloth Diapers Children's Disposable Diapers Shoe Repair Tailoring Services Dry Cleaning Formal Wear Rentals

5% 5% 5% 5% 5% 5% 5% 5% 5%

Yes (drops to 5%)

Yes (changes to 12%) Yes (changes to 12%) Yes (changes to 12%) No (remains 12%)

3 4

- Exemption was scheduled to expire April 2011. - For Further detail see http://www.cra-arc.gc.ca/E/pub/gi/gi-063-e.pdf. 5 - For Further detail see http://www.cra-arc.gc.ca/E/pub/gi/gi-063-e.pdf.

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Used Adult Clothing Purchased for Less Than $100 Watches Jeweler Handbags and Purses Backpacks Shoe Insoles and Laces Sunglasses (Non-prescription) Scarves Umbrellas Belts

5% 5% 5% 5% 5% 5% 5% 5% 5% 5%

No PST 7% 7% 7% 7% 7% 7% 7% 7% 7%

Yes (changes to 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%)

FOOD AND BEVERAGES

GST-taxable before July, 2010

PST-taxable before July 1,2010

No PST No PST No PST 10% No PST
8

Is there a change to the amount of tax payable the HST?

No HST Yes (changes to 12%) Yes (changes to 12%) Yes (drops to 12%)
7 9

Basic Groceries (e.g., Dairy, Meat, Vegetables, Canned Goods) Snack Foods (e.g., Chips, Pop) Restaurant Meals Alcoholic Beverages Catering and Event Planning Services (e.g., planning, consulting, coordinating and organizing)

No GST 5% 5% 5% 5%

Yes (changes to 12%)

6 7

- All sales used or donated goods mode by a registered charity are exempt from HST. - Although the provincial sales tax rate on liquor is decreasing from 10% to 7% liquor mark-ups are adjusted with the implementation of the HST to generally keep the Liquor Distribution Branch shelf prices constant.. 8 - PST applies if the caterer provides a taxable service (e.g., setting up and taking down temporary gazebos, tents, and dance floors) or taxable goods that the customer keeps (e.g., flowers or decorations). 9 - Catering provided by a registered charity is exempt from HST.

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HOME SERVESES

GST-taxable before July, 2010

5% 5% 5% No GST 5% 5% 5% 5% 5% No GST 5% 5%

PST-taxable before July 1,2010

No PST 7% 7% No PST 7% No PST 7% No PST 7% No PST No PST, but subject to 0.4% ICE
10
9F

Is there a change to the amount of tax payable the HST?

Yes (changes to 12%) No (remains 12%) No (remains 12%) No HST No (remains 12%) Yes (changes to 12%) No (remains 12%) Yes (changes to 12%) No (remains 12%) No HST Yes (drops to 5%, from 5.4%, after a 7% provincial rebate) No (remains 12%) Yes (changes to 12%)
11
10F

Basic Cable Television Additional or Specialty Cable Television or Satellite Television Cell Phone Municipal Water Home Maintenance Equipment (e.g., Lawn Mowers, Mops) Local Residential Phone Long Distance Telephone Services Repair to Certain Household Appliances (e.g., Stoves, Ovens, Refrigerators, Washers, and Dryers) Repair to Household Electronics (e.g., Televisions and Stereo Equipment) Home Insurance Residential Electricity and Heating (e.g., Natural Gas/Oil) Internet Access Repair Maintenance or Renovation Services for Real Property (e.g., Plumbing Electrical Wiring) Landscaping Lawn-Care, Private Snow Removal and House Cleaning Computer Hardware Repair Services (e.g., adding or repairing circuit boards or other components Computer Software Repair Services (e.g., virus removal or software installation)

Fund levy

7% No PST

5% 5%
5% 5%

No PST 7% No PST

Yes (changes to 12%) No (remains 12%) Yes (changes to 12%)

10 11

- Innovative Clean Energy - Provincial administered Residential Energy Rebate applies to provincial portion of HST and ICE Fund levy is eliminated.

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ACCOMMODATION AND TRAVEL

GST-taxable before July, 2010

5% No GST 5% 5% 5% No GST 5% 5% No GST No GST

PST-taxable before July 1,2010

7% No PST 8% No PST No PST No PST No PST No PST No PST No PST

Is there a change to the amount of tax payable the HST?

No (remains 12%) No HST Yes (drops to 12%)
12
1F

Luggage Municipal Public Transit Hotel Rooms Taxis Camping Sites British Columbia Ferry System Domestic Air, Rail and Bus Travel Originating in British Columbia International Air Travel to Continental United States originating in British Columbia (Other Than Day Trips) Internationa Air Travel Other Than to Continental United States originating British Columbia International Rail, Bus or Ship Travel originating in British Columbia (Other Than Day Trips)

Yes (changes to 12%) Yes (changes to 12%) No HST Yes (changes to 12%) No (remains 5%) No HST No HST

12

- In certain municipalities there is an additional local hotel room tax of up to 2% for tourism marketing

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MOTORIZED VEHICLES

GST-taxable before July, 2010

5%

PST-taxable before July 1,2010

7% Plus $ 1.50 per day Passenger Vehicle Rental Tax

Is there a change to the amount of tax payable the HST?

Yes (rate remains at 12% but $1.50 per day tax eliminated Depends on previous PST treatment (remains 12% or drops to 12%)

Short Term Auto Rentals

Lease of a Vehicle Other Than an Alternative Fuel Vehicle of Fuel Efficient Vehicle Lease of Alternative Fuel Vehicle and Fuel Efficien Vehicle

5%

7% to 10%

5%

7% to 10% (Subject to a PST reduction)

13

Depends on previous PST treatment (remains 12% or drops to 12%) Depends on previous P5T treatment (remains 12% or drops to 12%)

Purchase of Vehicle Other Than an Alternative Fuel Vehicle or Fuel Efficient Vehicle Purchase of an Alternative Fuel Vehicle and Fuel Efficient Vehicle

5%

7% to 10%

5%

7% to 10% (subject to a PST reduction)

Depends on previous PST treatment (remains 12% of drops to 12%) No (remains 5%) No HST No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) Depends on previous PST treatment (remains 12% or drops to 12%)
14

Child Car Seats and Booster. Seats Auto Insurance Vehicle Parts Vehicle Repair Services Gil Changes Tires Automotive Window Repair Purchase of Used Vehicle from a NonGST Registrant (e.g., car dealer) Purchase of Used vehicle from-ali^ff-GST Registrant (e.g., Private seller)
13

5% No GST 5% 5% 5% 5% 5% 5%

No PST No PST 7% 7% 7% 7% 7% 7% to 10%

No GST

7% to 10%

No HST (12% provincial tax applies)

15

- Please note that purchases and leases of some new alternative fuel vehicles or new fuel efficient vehicles are subject to a partial reduction in the PST payable. For more information on the amounts of this PST reduction and who qualifies, please see Bulletin SST085 Alternative Fuel Vehicles and Fuel Efficient Vehicles, located on the Ministry of Finance's website at http://www.craarc.gc.ca/E/pub/gi/gi-063/gi-063-e.pdf. 14 - For further detail, refer to http://www.cra-arc.gc.ca/E/pub/gi/gi/063-e.pdf.

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Purchase of Boats and Non-Turbin Aricraft from a Non-GST Registrant (e.g., Private Seller) Boats and Non-Turbine Aircraft Gasoline/Diesel VehideOil, Grease, Lubricants antifreeze Outboard Motors Motor Vehicle Parking

No GST 5% 5% 5% 5% 5%

7% 7% No PST 7% 7% No PST

No HST (12% provincial tax applies) No (remains 12%) No (remains 5%)

16

No (remains 12%) No (remains 12%) Yes (changes to 12%)

HOME PURCHASES

GST-taxable before July, 2010

PST-taxable before July 1,2010

No PST No PST No PST 7% No PST

Is there a change to the amount of tax payable the HST?

No change" Yes
18 17

Niew Homes up to $525,000 New Homes over $525,000 Previously Occupied Homes Legal fees Real Estate Commissions

5% 5% No GST 5% 5%

No HST No (remains 12%) Yes (changes to 12%)

15 16 17

- HST does not apply. However, British Columbia's 12% tax on private sales of boots, aircraft and vehicles will apply to provide comparable treatment to sales by dealerships. - In For further detail, refer to http://www.cra-arc.gc.ca/E/Pub/gi/gi/061-e.pdf. - BC will provide a rebate of 71.43% of the provincial portion of the HST, to a maximum of $26,250, for new housing purchased as a primary residence. The rebate ensures that, on average, purchasers will pay no more provincial tax due to harmonization-that is, the will pay no more in provincial HST than is currently embedded as PST in the price of a new home. It is estimated that the embedded PST in new homes in BC is, on overage, equal to about 2% of the price. 18 - Purchasers of eligible new homes over $, are eligible for a rebate of $26,250

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HEALTH AND BEAUTY

GST-taxable before July, 2010

PST-taxable before July 1,2010

No PST

Is there a change to the amount of tax payable the HST?

No HST

Health Care Services Offered by a Medical Practitioner (e.g., Medical and Dental Services)
19

No GST

Audiologist Services Offered by a practitioner of the Service Chiropractic Services Offered by a practitioner of the Service Physiotherapy Services Offered by a practitioner of the Service Massage Therapy Services Pharmacist Dispensing Fees Over-the-Counter Medications Prescription Drugs Some Medical Devices Including Walkers, Hearing Aids Prescription Glasses and Contact Lenses Feminine Hygiene Products Adult Incontinence Products Cosmetics Hair Care Products (e.g., Shampoo, Conditioner, Styling Products) Dental Hygiene Products (e.g.. Toothpaste, Toothbrushes, Floss) Vitamins Pill Boxes Sow Dryers Curling Irons Deodorants and Deodorrizers Nail Care Products (e.g. Nail Polish, Nail Files) Perfume Shaving Supplies (e.g., Razors, Shaving Cream) Tanning Lotion

No GST No GST No GST 5% No GST 5% No GST No GST No GST 5% No GST 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5%

No P5T No PST No PST No PST No PST No PST No PST No PST No PST No PST No PST 7% 7% 7% No PST 7% 7% 79/o 7% 7% 7% 7% 7%

No HST No HST No HST Yes (changes to 12%) No HST Yes (changes to 12%) No HST No HST No HST No (remains 5%) No HST No (remain5l2%) No (remains 12%) No (remains 12%) Yes (changes to 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%)
20

19 20

- Other than for cosmetic purposes. - For further detail, refer to http://www.cra-arc.gc.ca/E/Pub/gi/gi/061-e.pdf.

122

MEMBERSHIPS, ENTERTAINMENT AND SPORTS EQUIPMENT

GST-taxable before July, 2010

PST-taxable before July 1,2010

No PST

Is there a change to the amount of tax payable the HST?

Yes (changes to 12%)

Admission to Professional Sporting Events (e.g. Hockey, Football and Soccer Games) Movie Tickets
MUSIC Lessons

5%

5% No GST 5% 5% 5% 5% 5%

NO P5T No PST 7% 7% 7% 7% No PST

Yes (changes to 12%) No HST No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) Yes (changes to 12%)

Music Instruments Skis and Snowboards Hockey Equipment Steles (e.g., Hockey, Figure, Inline) Safety Helmets for Sports (e.g., Hockey Helmets, Snowboard Helmets, Bike Helmets) 6o!r Clubs Golf Memberships Driving Range Fees Gym and Athletic Memberships Ballet, Karate, Trampoline. Hockey. Soccer Lessons etc. Tickets for Live Theatre Swim Fins and Swimming Goggles Bicycles Bicycle Accessories Purchased Separately Admission to Museums and Art Galleries Music Concerts

5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5%

7% No PST No PST No PST No PST No PST 7% No PST 7% No PST No PST

No (remains 12%) Yes (changes to 12%) Yes (changes to 12%) Yes (changes to 12%) Yes Yes
21

(changes to 12%) (changes to 12%)

22

No (remains 12%) Yes (changes to 12%) No (remains 12%) Yes (changes to 12%) Yes (changes to 12%)

21 22

- These items are subject to HST, although some could be exempt from HST if provided by a public service boody to children 14 and under and underprivileged individuals with a disability. - Subject to HST, although some could be exempt if the maximum admission charged by a public service body to children 14 and under and underprivileged individuals with a disability.

123

Sports Equipment (e.g., Footballs, Soccer Ball, Baseball Bats, Free Standing Gymnastics Equipment) Ski Lift Passes Adult Sized Ski Gloves Adult Sized Ski Gloves for Children Children's Sized Ski Gloves Ski Goggles Adult Sized Ski Boots Adult Sized Ski Boots for Children Children's Sized Ski Boots

5%

7%

No (remains 12%)

5% 5% 5% 5% 5% 5% 5% 5%

No PST 7% No PST No PST 7% 7% No PST No PST

Yes (changes to 12%) No (remains 12%) Yes (changes to 12%) No (remains 5%) No (remains 12%) No (remains 12%) Yes (changes to 12%) Yes (changes to 12%)

LEASSE AND RENTALS

GST-taxable before July, 2010

PST-taxable before July 1,2010

No PST No PST No PST 7%

Is there a change to the amount of tax payable the HST?

NO HST
23

Condo Fees Long-Term Residential Accommodation Hockey Rink and Hall Rentals Equipment Rentals (e.g., Carpet cleaners, power washers)

No GST No GST 5% 5%

No HST Yes (Changes to 12%) No (remains 12%)

ELECTRONICS

GST-taxable before July, 2010

PST-taxable before July 1,2010

7% 7% 7%

Is there a change to the amount of tax payable the HST?

No (remains 12%) No (remains 12%) No (remains 12%)

Televisions DVD and Blu-ray Players and Accessories Digital Cameras and Camcorders

5% 5% 5%

23

- Residential condo association fees to residents are exempt; however, purchase by condominium corporation will be subject to HST, if applicable.

124

Cell Phones and Smart Phones CDs, DVDs, and Blu-ray Discs MP3 Players Music or Video MP3s Downloaded Electronically Video Game Consoles Video Games GPS Systems Laptops Desk Top Computers Printers and Fax Machines Stereos and Speakers Cables, Wires, and Connector Projector Screens Headphones Marine Electronics (e.g., Marine Radios, GPS Systems, Speakers)

5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5%

7% 7% 7% No PST 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7%

No (remains 12%) No (remains 12%) No (remains 12%) Yes (changes to 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%) No (remains 12%)

125

PROFESSIONAL AND PERSONAL SERVICES

GST-taxable before July, 2010

PST-taxable before July 1,2010

No PST No PST No PST 7% No PST No PST No PST 7% No PST No PST No PST No PST 7% 7%

Is there a change to the amount of tax payable the HST?

No HST No HST Yes (changes to 12%) No (remains 12%) Yes (changes to 12%) Yes (changes to 12%) Yes (changes to 12%) No (remains 12%) Yes (changes to 12%) Yes (changes to 12%) Yes (changes to 12%) Yes (changes to 12%) No (remains 12%) No (remains 12%)

Child Care Services Legal Aid Funeral Services Coffins and Urns Purchased from Funeral Services Fitness Trainer Hair Stylist/Barber Esthetician Services (e.g., Manicures, Pedicures, Facials) Legal Services Accounting Services Interior Design Services Wedding Planning Services Veterinarian Services Professional Printed Photographs Furniture, Automotive and Marine Re-upholstery

No GST No GST 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5% 5%

TOBACCO

GST-taxable before July, 2010

PST-taxable before July 1,2010

No PST No PST No PST No PST

Is there a change to the amount of tax payable the HST?

Yes (changes to 12%) Yes (changes to 12%) Yes (changes to 12%) Yes (changes to 12%)

Cigarettes Cigars Chewing Tobacco Nicotine Replacement Products

5% 5% 5% 5%

126

BANKING AND INVESTMENTS

GST-taxable before July, 2010

PST-taxable before July 1,2010

No PST No PST

Is there a change to the amount of tax payable the HST?

No HST No HST

Mortgage Interest Costs Most Financial Services

No GST No GST

127

References 1. BC budget 2010 http://www.bcbudget.gov.bc.ca/2010/highlights/2010_Highlights.pdf 2. BC Budget 2009 http://www.bcbudget.gov.bc.ca/2009/estimates/2009_Estimates.pdf 3. http://www.fin.gov.bc.ca/Fed_Prov_MOU_english_July23.pdf 4. Taxation and Economic Efficiency: Results from a Canadian CGE Model, par Maximilian Baylor et Louis Beausjour, Canadian federal Finance Minister 2004 5. Vaughn Palmer Ambitious reforms by Liberal governments to be eclipsed by HST, Vancouver Sun, July 28th, 2009 6. from [[2][Public account of Canada]], stating at $29.9 billions the 5% GST revenue for whole Canada for the exercise 2007/2008, and considering the contributively part of the British Columbia is of 15.4% in 2003 according to http://www.parl.gc.ca/information/library/PRBpubs/prb0610-e.htm, , 29.9*(15.7%)= $4.6Billions not including the BC GDP growth 7. http://www2.news.gov.bc.ca/news_releases_2009-2013/2009PREM0017-000141.htm 8. Taxation and Economic Efficiency: Results from a Canadian CGE Model, par Maximilian Baylor et Louis Beausjour, Canadian federal Finance Minister 2004 9. http://www.fraserinstitute.org/Commerce.Web/product_files/JulAug06ffTaxCuts.pdf 10. http://www.vancouversun.com/business/good+business+business+should+tell/1872582/story.html 11. http://www.theprovince.com/news/Revenue+neutral+levy+could+pull+200m/1864766/story.html 12. http://www.strategicthoughts.com/record2009/HSTbase.html 13. Alberta Budget Eliminates Health-Care Premiums 14. Canada Revenue Agency 14. http://www.vancouver-real-estate-direct.com/HST/index.html) 15. http://vancouver.ca/aboutvan.htm 16. OECD, 2005 data 17-Deloitte country guide Canada tax 18-KPMG Canada tax 19-http://www.Taxtips.ca 20-https://hst.blog.gov.bc.ca/wp-content/uploads/2010/05/GST_PST_HST_List_v04.pdf

128