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Commercial Real EstateBCMEDIUM

When purchasing a used commercial property in BC, under what circumstances is GST not payable on the transaction?

Correct Answer

B) If it is a residential complex, or a non-registrant sells it and it was not used primarily in commercial activity

Under the Excise Tax Act, the sale of used commercial real property by a GST registrant generally attracts GST. However, if the seller is not a GST registrant (e.g., a non-business individual) and the property was not used in taxable commercial activity, the sale may be exempt. Additionally, properties used as residential rental (long-term) are exempt supplies. Commercial buyers should verify GST status and may need to self-assess.

Answer Options
A
GST is always payable on commercial property sales, because the buyer intends to use it commercially, whatever the seller's registration status
B
If it is a residential complex, or a non-registrant sells it and it was not used primarily in commercial activity
C
GST is waived if the purchase price is under $500,000, the small-business threshold for commercial property sales
D
GST exemption requires BCFSA approval, since BCFSA regulates commercial real estate transactions in BC

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Key Terms

GST exemptionused commercial propertynon-registrant sellerExcise Tax Actresidential complex
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