Begin with new, substantially renovated or conventional resale
A newly constructed home sold by a builder is generally taxable. The same treatment can apply when an existing home has been substantially renovated. The CRA's owner-built rebate guidance describes a substantial renovation as generally requiring at least 90% of the interior of the existing home to be removed or replaced, excluding specified structural elements from the measurement.
A normal resale is different. Most sales of previously occupied residential housing are GST-exempt when sold by someone who is not a builder. Cosmetic updates, a new kitchen or a non-substantial renovation do not automatically turn an ordinary resale into a taxable new-home transaction.
Check more than the age of the home
Whether GST applies can depend on the seller's activities and intention, the property's previous use, whether input tax credits were claimed, the extent of renovations and whether the seller is considered a builder under the Excise Tax Act. A recently completed home may clearly be taxable, but an older property can still require tax advice when it was substantially renovated, converted from non-residential use or developed for resale.
Vacant land, mixed-use property, farmland, short-term-rental operations and commercial components follow additional rules. Those transactions should not be priced using the simple assumption that every residential-looking property is exempt.
- Was the home previously occupied as a residence?
- Is the seller a builder for GST purposes?
- Was the property substantially renovated or converted?
- Did the property have material commercial or short-term-rental use?
- Does the contract say GST is included, excluded or payable in addition?
Treat presale assignments as a separate GST calculation
Since May 7, 2022, assignment sales involving newly constructed or substantially renovated single-unit homes and condominium units are generally taxable. The CRA states that GST/HST applies to the assignment consideration, less any amount specifically identified in the assignment agreement as reimbursement of the assignor's deposit previously paid to the builder.
An assignee may therefore face GST connected to both the original builder purchase and the assignment transaction. The assignment price, deposit reimbursement, builder's statement of adjustments and rebate eligibility must be examined together; the assignment fee itself may also attract GST.
Read the price and rebate clauses before calculating completion funds
A marketed price may be stated before GST, inclusive of GST, or net of an expected rebate assigned to the builder. Those are not the same promise. The contract should say whether GST is included in the purchase price or added, who is entitled to any rebate and what happens if the buyer does not qualify.
The existing federal new-housing rebate and the first-time home buyers' GST/HST rebate are relief programs, not proof that the purchase is tax-free. An eligible first-time buyer may recover up to $50,000 on a qualifying new home valued at $1 million or less, with a phase-out to $1.5 million, but the buyer, property, agreement dates and occupancy must qualify separately.
Apply the rule to Greater Vancouver decisions
In South Delta, a new detached home, duplex or presale may be taxable even when a nearby resale is exempt. Properties in Tsawwassen First Nation require particular care because the legal interest, developer agreement, land regime and tax treatment should be confirmed rather than inferred from a City of Delta comparison.
In Vancouver and Richmond, new condominiums, presale assignments and substantially renovated houses regularly create different cash requirements from conventional resales. Before subject removal or assignment approval, obtain a written completion estimate showing the purchase price, GST treatment, available rebate assumptions, property transfer tax, deposits already paid and remaining funds required.
Use a completion checklist—not a verbal assumption
Ask the seller or developer for written confirmation of the intended GST treatment, but have the buyer's lawyer or notary review the actual contract and statement of adjustments. A REALTOR® can identify the issue and organize the documents; the legal and tax professionals responsible for the transaction should confirm the final liability.
- Purchase contract, amendments and disclosure statement
- GST included-or-extra clause and any rebate assignment
- Prior occupancy and substantial-renovation information
- Presale assignment agreement and deposit reimbursement
- Lawyer or notary's written estimate of completion funds