The question of how to deal with HST in an allocation scenario is crucial, but fraught with pitfalls. Although Pascal and Chantal do not have a history of buying and selling real estate, it would not be feasible for their family of five to occupy the condo as a place of residence. In the absence of evidence to support a contrary intention, the primary purpose of acquiring the shareholding in the condominium is considered to be for the purpose of the sale of the condominium or an interest in it in the context of a business, adventure or commercial concern. As a result, they are the owners of the new condo for GST/HST purposes. As the sale of their shares in the unit is not exempt, GST/HST applies to the sale of their shares. In some cases, the owner of a new home pays or allocates the GST/HST rebate for new dwellings and, if necessary, a new provincial rebate to the home buyer. In this case, the owner assigns the purchaser the amount of the new rebates by reducing the total amount to be paid for the purchase of the house from the expected amount of rebates. However, with the exception of any marketing and advertising restrictions, the original buyer must make it clear in each offer that it is an assignment of a sale and sale agreement, not just an alleged sale by the original buyer. Many purchase and sale agreements have a widely standard «no-assignment» clause, which gives the original purchaser «direct or indirect» steps to «rent, sell, sell, transfer, sell, transfer, transfer, transfer or otherwise sell.» Note that the new buyer may want to take steps to protect his position in this regard.
For example, when negotiating the transfer contract, the new purchaser should require the agreement to receive written confirmation from the owner that a New Housing Rebate HST will be credited at the time of its conclusion, provided that the qualifying requirements are met by other means. Otherwise, if this obligation is not made in writing, the owner may exercise his discretion as to whether he should credit the purchaser with the amount of the rebate at closing, withhold it and compel the new purchaser to apply to the credit rating agency immediately after closing. It is particularly important to obtain this written obligation, as there is likely to be no prior relationship between the owner and the new purchaser. If the original buyer . B signed the purchase and sale contract for 100,000.00 USD, but now transfers the contract to a third party for 150,000.00 USD, they have 50,000.00 USD profit. In essence, the sale of a purchase and sale contract — informally known as «flipping a home» — is a simple concept: a buyer of a new home allows someone else to accept the sales contract that allows that person to buy the house. Eric and Gina are selling their original home and temporarily in a rented house during the construction of the new home and their choice to buy a house near school and work to argue that their intention to gain interest in the new home was to use the house as their main residence.