High-Crest - Tax Court of Canada finds that government funding only of operating costs of a nursing home addition did not detract from its purpose of increasing beds

Although assisted–living facilities (or additions thereto) normally are subject to HST on their fair market value when substantially completed, ETA s. 191.1(2) effectively deems the HST to be payable on the greater of most costs and the fair market value where the builder received government funding "for the purpose of making residential units in the complex available to [seniors]."

Owen J found that although the form of government assistance for an addition to a Nova Scotia nursing home was its agreement to subsidize operating costs relating to the additional residents and not the construction costs:

[T]his does not alter the fact that the dominant purpose of the Department in…agreeing to make these payments was to secure additional long‑term care beds for seniors in Nova Scotia. The immediate result of the payments may have been the provision of the Services but that was not the purpose behind the payments.

Neal Armstrong.  Summaries of High-Crest Enterprises Ltd. v. The Queen, 2015 TCC 230 under ETA, s. 191.1(1) – government funding and General Concepts – Intention.