Précis: The taxpayer claimed a New Housing Rebate of $24,000 in connection with the purchase of a property located at 128 Novan Crescent in Aurora, Ontario. The taxpayer was a teacher and he and his wife had lived in the same home in Markham since 2005. The agreement of purchase and sale was signed in 2015 by the taxpayer, his wife and a family friend. The evidence was that the family friend wanted a place where her son could move because of ongoing disputes with his father. Title to the property was transferred in January of 2016 and in March the taxpayer moved some basic necessities to the house, retaining ownership of his home in Markham where most of his personal belongings remained. Although the taxpayer testified that he planned to rent and renovate the Markham property that never happened and he and his wife moved back there in June of 2016.
The Tax Court Judge concluded that the taxpayer never formed a settled intention to treat the Aurora property as his primary and permanent place of residence. As a result the appeal was dismissed but without costs since this was an informal procedure appeal.
Ghosi v. R. – TCC: Taxpayer not entitled to New Housing Rebate – no evidence of intent to change place of residencePlus >