Principal Issues: 1.Are the costs of upgrades for a new home purchase eligible for the HRTC?
Position: No. Upgrades made by a builder before title transferred to the purchaser do not qualify for the HRTC.
Reasons: 1.The dwelling did not constitute an eligible dwelling at the time the upgrades were completed.
XXXXXXXXXX 2009-034197 Robert Dubis November 24, 2009
Dear XXXXXXXXXX :
Re: Home Renovation Tax Credit
Thank you for your correspondence received on September 21, 2009, regarding the new home renovation tax credit (HRTC). You asked if upgrades made by your builder to a new condominium qualified for the HRTC.
The proposed HRTC will provide individuals with a temporary 15% non-refundable income tax credit on eligible home renovation expenditures for work performed, or goods acquired, after January 27, 2009, and before February 1, 2010, for agreements entered into after January 27, 2009. Taxpayers can claim this credit for the 2009 tax year on eligible expenditures exceeding $1,000, but not more than $10,000, which will result in a non-refundable tax credit of up to $1,350.
The legislation regarding the new HRTC was introduced in the House of Commons on September 30, 2009, by the Honourable James M. Flaherty, Minister of Finance. The proposed legislation states that expenditures will qualify if they are directly attributable to a renovation or an alteration of an eligible dwelling, including land that forms part of the eligible dwelling, and if the renovation or alteration is of an enduring nature and is integral to the eligible dwelling. Such expenditures will include the cost of labour and professional services, building materials, fixtures, equipment rentals, and permits.
An eligible dwelling is a housing unit located in Canada that is owned by the individual, at the time of the renovation, and ordinarily inhabited by the individual, his or her current or former spouse or current or former common-law partner, or his or her children at any time after January 27, 2009, and before February 1, 2010. Therefore, any housing unit that an individual owns and uses personally, including a home and a cottage, qualifies for the HRTC.Since title to your condominium will not likely have passed from the builder to you at the time the upgrades will be made by the builder, the condominium will not be your eligible dwelling at the time of the renovation. Therefore, upgrades made by a builder before title is transferred will not qualify for the HRTC.
You can find more information on the HRTC on the CRA Web site at www.cra.gc.ca/hrtc and in the Government of Canada Web brochure available at www.actionplan.gc.ca/grfx/docs/HRTC_eng.pdf.
We trust that the information provided is helpful.
Yours truly,
Nerill Thomas-Wilkinson
Acting Manager
For Acting Director
Ontario Corporate Tax Division
Income Tax Rulings Directorate
Legislative Policy & Regulatory Affairs Branch