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Real Estate TaxationGST/HSTONHARD

An HST-registered investor in Ontario buys a commercial building for $2,000,000 from an HST-registered vendor, to use in the investor's commercial leasing business. What HST applies, and how is it handled?

Correct Answer

A) $260,000; the buyer self-assesses it and may claim input tax credits

A sale of commercial real property is a taxable supply, so 13% HST applies: $2,000,000 x 13% = $260,000. Because the buyer is a registrant, the vendor does not collect the tax (Excise Tax Act s. 221(2)(b)); the buyer self-assesses it in its own return (s. 228(4)(a)) and, since the building is used in commercial activities, can generally claim a matching input tax credit.

Answer Options
A
$260,000; the buyer self-assesses it and may claim input tax credits
B
$260,000 collected by the vendor, with no way to recover it
C
$100,000 of GST only, as HST excludes commercial property
D
No HST at all, since commercial real property is exempt

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Key Terms

HSTcommercial real propertyself-assessmentinput tax creditsExcise Tax Act
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