(If the last use prior to vacancy was residential, the property would qualify as a residential unit even though the house may need extensive work to make it fit for habitation. The following illustrates the use of different methods to determine the status (hotel or residential complex) of the lodging house: Short-term daily revenue/total daily revenue, Short-term total revenue/total revenue (1 yr. period), = (300 × $50)/[(300 × $50) + (200 × $30)]. Land suitability is the fitness of a given type of land for a defined use. Our mission is to provide an online platform to help students to discuss anything and everything about Economics. Generally, an appurtenance is something which is annexed to or belongs to another thing that is the main element of the item or object in question. For a discussion of exempt sales of the land that forms part of a residential trailer park, see Section 19.5, Land. The fifth cottage would be considered to be a residential complex. 3. All Things Considered. Effective April 23, 1996, short-term accommodation does not include occupancy in a residential complex or residential unit if it is supplied under a timeshare arrangement or if it is included in the part of a tour package that is not the taxable portion of the tour package. This initial section of 19.2, Residential Real Property, examines terms that are key to interpreting the provisions of Part IX of the Excise Tax Act (the Act)—the goods and services tax (GST) and harmonized sales tax (HST)—that apply to residential real property. (p. 461) Which of the following are not considered an interest in land within the statute of frauds? Agreements between parties for profit sharing B. Any of these methods may be used to apply the “all or substantially all” test as long as the method chosen is used consistently and is appropriate in the circumstances. The individual brings clothing, groceries, hiking equipment and her reference guides to birds and wildflowers. Agreements between parties for profit sharing Zoning is what you do when you create a particular area in a Sim… 17. If you wish to make a technical enquiry on the GST/HST by telephone, please call the toll-free number 1-800-959-8287. If you are located in the Province of Quebec, please contact Revenu Québec by calling the toll-free number 1-800-567-4692 for additional information. one month, in the case of mobile homes or other residential unit, or. A residential condominium unit (either an apartment unit or a townhouse) is a residential complex that is, or is intended to be, a bounded space in a building designated or described as a separate unit on a registered condominium or strata lot plan or description, or similar plan or description registered under the laws of a province. An entrepreneur acts as a boss and decides how the business shall run. Under the doctrine of specific performance, the party harmed by the breach of a real … The term is historic, arising from the now-discontinued form of action, which distinguished between real property … 24. Earth blades shall only be used for walking-down standing timber. Normally, a one year period is appropriate. In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. A. all or substantially all the supplies of residential units in the building, or part thereof that are made by way of lease, licence or similar arrangement are, or are expected to be, for periods of continuous possession or use of less than 60 days. For example, when a person is temporarily relocated for work purposes, (and possibly staying in hotel-type premises) or where there is a sudden unforeseen departure, the abode may still be considered a person's place of residence, even though the other factors may not be present. Where the existing building has in fact been substantially renovated, the addition may form part of the residential complex which has been substantially renovated. twelve months in the case of travel trailers or motor homes, or similar vehicles that are not residential units; a suite or room in a hotel, motel, inn, boarding house or lodging house, or in a residence for students, seniors, individuals with a disability or other individuals; occupied by an individual as a place of residence or lodging; supplied by way of lease, licence, or similar arrangement for occupancy as a place of residence or lodging for individuals; vacant, but last occupied or supplied as a place of residence or lodging for individuals; or. * What needs to be done to build on the land? Thus, it is man-made material source of production. Jim Smith is not a registrant and has not claimed any input tax credits (ITCs) with respect to the GST paid on the acquisition of the land or on the construction costs of the new home. 44. In addition, the legislation may dictate that additional requirements be considered when determining an individual's place of residence. There are several factors that need to be considered when valuing land: * The current state of the land. It is generally a requirement that there be a clear intention to operate the facility as a hotel, motel, inn, boarding house, lodging house or similar premises. Acceptable methods include basing the calculation on revenues (either daily or total), or on identical lease periods or intervals such as number of “room nights” sold, or on the number of rooms available for rent for periods of less than 60 days and those for periods of 60 days or more. Land (other than a site in a residential trailer park) that is subjacent and immediately contiguous to the mobile home and that is reasonably necessary for its use and enjoyment as a place of residence also forms part of the residential complex. An individual residing in Vancouver is seconded to work in Ottawa for one year. The term “residential unit” includes: Motor homes and travel trailers Policy statement P-104 ss 123(1). As it may not completely address your particular operation, you may wish to refer to the Act or appropriate Regulation, or contact a Canada Revenue Agency (CRA) GST/HST Rulings Centre for more information. in any other case, the construction or substantial renovation of the complex; the person supplies a mobile home or floating home before it has been used or occupied as a place of residence (includes manufacturers and dealers); the person acquires an interest in the residential complex for the primary purpose of selling the complex, or interest in the complex, or making one or more supplies thereof by way of lease, licence or similar arrangement to persons (other than individuals who are acquiring the complex or part thereof, in the case of a condominium complex or residential condominium unit, it is not yet registered as a condominium, or, in any case, it has not yet been occupied by an individual as a place of residence or lodging ; or. 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