TCC: NEW HOUSING REBATES & SOCIAL JUSTICE
TCC DECISIONS SEEM TO BE RECOGNIZING MODERN HOUSING REALITIES
Homeowners who claim New Housing Rebate often face Canada Revenue Agency (“CRA”) review. The central issues in these cases are often whether the homeowners intended to use the subject home as a primary place of residence (or for some other purposes) and whether the home was in fact occupied as a place of residence following construction or renovation.
While the Tax Court of Canada (“TCC”) has traditionally adopted a fairly rigorous approach when interpreting and applying these two requirements, two recent TCC decisions seem to reflect a more flexible approach, perhaps aligning with modern housing realities.
Tagged in:
CRA Audit
Excise Tax Act
Modern Housing Realities
New Housing Rebate
Primary Place of Residence
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