Subsection 262(1)
See Also
Simonetta v. The King, 2023 TCC 54 (Informal Procedure)
Ms. Simonetta acquired a new Toronto home pursuant to a purchase agreement that specified that the purchase price included any applicable HST. The...
Locations of other summaries | Wordcount | |
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Tax Topics - Excise Tax Act - Section 254 - Subsection 254(2) - Paragraph 254(2)(d) | sale occurred as an adventure in the nature of trade, so that HST-inclusive price included tax | 224 |
Tax Topics - Excise Tax Act - Section 223 - Subsection 223(1) | price stated to include any HST included HST since the sale was taxable | 44 |
Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Builder - Paragraph (f) | purchaser established that the vendor was a builder | 155 |
Poirier v. The Queen, 2019 TCC 8
The appellant applied for the new housing rebate on his purchase of a new condo unit even though he had already agreed to lease it out effective...
Locations of other summaries | Wordcount | |
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Tax Topics - Excise Tax Act - Section 297 - Subsection 297(1) | 12 months to bounce a rebate application was “with all due dispatch” | 314 |
Tax Topics - Excise Tax Act - Section 254 - Subsection 254(2) - Paragraph 254(2)(b) | intention to occupy vitiated when agreement to lease the new condo | 103 |
Tax Topics - Excise Tax Act - Section 256.2 - Subsection 256.2(7) - Paragraph 256.2(7)(a) | no power to extend 2-year deadline even where new housing rebate mistakenly applied for within 2 years | 126 |
Tax Topics - Statutory Interpretation - Interpretation Act - Section 32 | failure to state material particulars not cured by s. 32 | 151 |
Tax Topics - Excise Tax Act - Section 296 - Subsection 296(2.1) | s. 296(2.1)(b) precluded using s. 296(2.1) to overcome the 2-year deadline for claiming the NRRP rebate | 302 |
Subsection 262(2)
Administrative Policy
22 June 2017 Interpretation 180966
Meaning of matter
Does “matter” refer to a claim period or the substance of what is being claimed? CRA stated:
[W]e consider what would give...
Locations of other summaries | Wordcount | |
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Tax Topics - Excise Tax Act - Section 296 - Subsection 296(2) | discretion to assess a previously filed rebate application to increase rebate | 88 |
Tax Topics - Excise Tax Act - Section 296 - Subsection 296(2.1) | required inclusion in assessment can include a rebate claim that was underclaimed | 162 |
Tax Topics - Excise Tax Act - Section 297 - Subsection 297(4) | interest on missed rebate claim | 102 |
Tax Topics - Excise Tax Act - Section 261.4 - Subsection 261.4(1) - Paragraph 261.4(1)(c) | second rebate application accepted for different transaction | 145 |
Subsection 262(3) - Group of Individuals
See Also
Crooks v. The Queen, 2016 TCC 52 (Informal Procedure)
An agreement for the purchase of a new condo by the individual appellant was amended shortly before closing at the insistence of the mortgage...
Locations of other summaries | Wordcount | |
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Tax Topics - Excise Tax Act - Section 254 - Subsection 254(2) - Paragraph 254(2)(a) | accommodation co-owner was not supplied her interest directly by the builder | 451 |
Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Recipient | “ultimate liability” doctrine indicated an accommodation-party co-purchaser of condo was not a recipient | 301 |
Tax Topics - General Concepts - Substance | the addition of an accommodation co-purchaser (for financing purposes) of condo did not reflect the parties' true intentions | 173 |
Tax Topics - General Concepts - Sham | the addition of an accommodation co-purchaser (for financing purposes) of condo might have been a sham if done for tax purposes | 131 |
Tax Topics - Statutory Interpretation - Benefits-Conferring Legislation | interpretation to favour conferral of intended benefits | 207 |
Ho v. The Queen, 2015 TCC 10 (Informal Procedure)
The appellant agreed to purchase a new home (the "Woodbine property"). Around the same time, his cousin ("Kwinson Ho"), cousin's spouse ("Chun...
Subsection 262(1)
Administrative Policy
9 December 2014 Interpretation 165597
An Ontario builder, who submitted multiple applications for the Ontario transitional new housing rebate (OTNHR) using Form RC7000-ON, Ontario...
Locations of other summaries | Wordcount | |
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Tax Topics - Excise Tax Act - Section 256.2 - Subsection 256.2(7) | rebate form must be signed (or otherwise certified) | 172 |