substantially completed

Whether the taxpayer had timely filed his application for the Ontario component of the new housing rebate pursuant to s. 256.21(1) for the home of him and his spouse turned on when the substantial renovation of that home was substantially completed (which started the running pursuant to s. 46(6) of the New Harmonized Value Added Tax System Regulations of the two year period for filing the application) and on when the application was filed.

The appellant (“9158”), which had constructed a 14-storey apartment building, with two floors of commercial space and with underground parking, self-assessed itself under QSTA s. 225 (similar to ETA s. 191(3)) on the basis that there had been a self-supply on the residential component of the building on October 31, 2015 based on a fair market value of $11.1 million. The ARQ disputed this value, and assessed on the basis that there was a self-supply on that date based on an FMV of $15.3 million.

The taxpayer and her husband built a house, which was near Lake Huron and a 2 ½ hour drive from their Brampton rental apartment and full-time employment, doing a large portion of the work themselves on weekends beginning in 2008, with the intention to retire there. The municipality issued a first occupancy certificate on March 14, 2014, which noted various minor matters requiring completion. From then on, they lived in the house on weekends, and received a final occupancy permit on September 25, 2015. She did not claim the federal and Ontario new housing rebate until May 31, 2017.