9118-5322 Québec – Tax Court of Canada indicates that transmitting purchaser new home rebate forms to CRA (or the ARQ) is imperative to the claiming by the builder of the rebate amount
Lafleur J indicated that a builder cannot deduct from net tax for the amount of new housing rebates credited to its home purchasers in a reporting period unless it submits the signed prescribed forms of the purchasers to the ARQ (or CRA, as applicable) in that month. Here, the builder not only failed to transmit the signed forms as required by ETA s. 254(5)(a), but also failed to get the forms signed by the purchasers on a timely basis as required under s. 254(4)(c).
Neal Armstrong. Summary of 9118-5322 Québec Inc. v. The Queen, 2018 CCI 96 under ETA s. s. 254(5)(a).