Wang – Tax Court of Canada finds that a quick sale of a residential property following its occupation was not made by a “builder” for ETA purposes
The sale of a residential unit by its “builder” is generally subject to GST/HST. That term generally includes an individual who acquired the property as an adventure or concern in the nature of trade.
The taxpayer sold a newly-constructed townhouse a few months after she acquired possession. Bocock J gave “determinative weight” to such sale being a result of a change in personal circumstances: she was single when she had signed the agreement for the construction of the townhouse a number of years previously; and the sale was prompted by her plan to move to the US to join her then fiancé.
Neal Armstrong. Summary of Wang v. The Queen, 2021 TCC 86 under ETA s. 123(1) – builder.