11 October 2019 APFF Financial Strategies and Instruments Roundtable Q. 2, 2019-0811881C6 F - HBP/HBTC - Death of a spouse -- summary under Paragraph (a)

Monsieur had predeceased Madame, aged 58, three months before her purchase of a condo in July 2019, using funds withdrawn from her RRSP. Monsieur had been the sole owner of their home until his death, with the home then held by the estate before its sale. Is Madam eligible for the first-time home buyer’s credit (FHBTC)? CRA stated:

[S]ince Madame did not have a spouse or common-law partner at the time of acquisition of the home, the condition in subparagraph (a)(iii) of the definition "qualifying home" in subsection 118.05(1) is not applicable. Furthermore, since she was not the owner-occupant of a home during the period starting on January 1, 2015 and ending the day before the acquisition, we are of the view that the condition in subparagraph (a)(ii) of the definition of "qualifying home" in subsection 118.05(1) is respected. Thus, the home acquired in July 2019 could, if all the other conditions … are otherwise satisfied, qualify as a "qualifying home" for the purposes of the FHBTC.

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