Harmonized Sales Tax: Leases of Real Property in Ontario and British Columbia

GST/HST Info Sheet GI-092
July 2010

The Government of Ontario and the Government of British Columbia have each introduced a harmonized sales tax (HST) that came into effect on July 1, 2010.

The HST rate in Ontario is 13% of which 5% is the federal part and 8% the provincial part.

The HST rate in British Columbia is 12% of which 5% is the federal part and 7% the provincial part.

This info sheet reflects tax changes included in the New Harmonized Value-Added Tax System Regulations.

This info sheet explains the rules that apply to the supply of real property made by way of lease, licence or similar arrangement where the property is situated in Ontario or British Columbia (B.C.). In the remainder of the document, references to a supply by way of lease include a supply by way of licence or similar arrangement and "lessee" means the recipient of a supply by way of lease.

Definitions for GST purposes, e.g., lease interval, real property, recipient, registrant, residential complex and residential unit, generally apply under the HST, as do the CRA's current policies on the application of the GST to real property, for example, GST/HST Policy Statement P-062, Distinction Between Lease, Licence and Similar Arrangements. Refer to GST/HST Memorandum 19.2, Residential Real Property, and GST/HST Memorandum 19.4.1, Commercial Real Property - Sales and Rentals>, for additional information on these important terms and concepts.

Supplies of rental housing

Rentals of residential properties that are exempt under the GST rules are also exempt under the HST.
For example, a supply of a residential complex such as a detached house, semi-detached house, or residential condominium unit, or the supply of an apartment, made by way of lease for the purpose of its occupancy by an individual as a place of residence or lodging is exempt from the GST/HST if the period of continuous occupancy given to that individual is at least one month.

Landlords are not required to collect the GST/HST on exempt supplies of long-term residential rents and are not entitled to claim input tax credits (ITCs) for any GST/HST paid or payable on taxable goods and services acquired to provide exempt long-term residential rents. For more information on the rules that apply to landlords who build or purchase new residential housing in Ontario or B.C., or rent land for residential purposes, refer to GST/HST Info Sheet GI-091, Harmonized Sales Tax: Information for Landlords of New Rental Housing.

Supplies of non-residential rental property

The HST generally applies to the supply of non-residential real property made by way of lease by a GST/HST registrant. Supplies of real property that are exempt under the GST rules are also exempt under the HST (e.g., a lease of real property by a charity where the charity has not elected to make the supply taxable).

Transitional rules apply for taxable supplies of real property made by way of lease that straddle July 1, 2010.

To determine whether the GST or HST applies to a supply of non-residential real property situated in Ontario or B.C. where the supply is made by way of lease, the following must be considered:

What is a lease interval?

For purposes of supplies of real property and the GST/HST, a lease interval is a period of time during which a person has the right under a lease to possess or use the property and to which a payment under the lease is attributable.

Example 1 - Hotel - rate per night

A hotel supplies accommodation to an individual for five nights at the rate of $125 per night. The individual receives an invoice when checking out and pays $625 for the entire stay. Since an amount is attributable to each night of accommodation, each night is considered to be a lease interval for GST/HST purposes.

There can also be overlapping lease intervals under a lease.

Example 2 - Monthly and annual lease payments

A lease for a retail store in a mall requires the tenant to make monthly lease payments of a fixed amount and an annual payment that is based on a percentage of the tenant's sales for the calendar year. In this case, in respect of the monthly payment, each month is a lease interval; while in respect of the annual payment, the calendar year is also a lease interval.

When consideration becomes due

For GST/HST purposes, in the case of a written agreement for a supply of real property made by way of lease, consideration becomes due on the day the lessee is required to pay the consideration under the agreement.

If the supply is not made under a written agreement, consideration for the supply becomes due on the earliest of the following days:

When consideration is paid without becoming due

For GST/HST purposes, in the case of a supply of real property made by way of lease, consideration is paid without having become due when the lessee pays the consideration before the lessee is required to pay the consideration (e.g. payment is made before the consideration becomes due under a written agreement for the supply).

Does the GST or the HST apply?

Once the lease interval is established and it is determined when the consideration becomes due or is paid without becoming due, the following rules can be applied to determine whether the GST or HST applies. Appendix A provides a chart that illustrates the application of the rules for taxable leases of real property.

In the following examples, all of the suppliers are GST/HST registrants and all of the supplies are taxable supplies, meaning subject to the GST at 5% or the HST rate in effect for the particular province in which the supply is made.

Lease interval begins before July 2010 and ends before July 31, 2010

The GST, rather than the HST, applies to the consideration payable under a lease for a lease interval that begins before July 2010 and ends before July 31, 2010. This applies regardless of when the consideration becomes due or is paid without having become due.

Example 3

The owner of a commercial building makes a supply by way of licence of space in the building to a dance studio for the period June 15, 2010 to July 15, 2010. The dance studio pays for the licence on July 10, 2010.

Since the payment is for a period (i.e., the lease interval) that begins before July 2010 and ends before July 31, 2010, the HST does not apply regardless of when the payment becomes due or is paid. However, the GST at 5% applies to the payment.


Example 4

A company holds a corporate golf tournament at a golf course on June 15, 2010. On July 10, 2010, the golf course operator bills the company the green fees for the golf tournament (i.e., amounts in respect of supplies of rights to use real property which are supplies of real property made by way of lease, licence or similar arrangement). The company pays the bill on July 15, 2010.

Since the green fees are in respect of an event that occurred prior to July 2010 (i.e., the lease interval is the period of time on June 15, 2010 during which the company had the right to use the course), the HST does not apply regardless of when the green fees become due or are paid. However, the GST at 5% applies.

Lease interval begins before July 2010 and ends on or after July 31, 2010

Where a lease interval begins before July 2010 and ends on or after July 31, 2010, the following rules apply:

Example 5

A retailer enters into a written lease agreement with the owner of a commercial building to lease the building for June and July 2010. The lease payment is $10,000 for the two-month lease period (i.e., the lease interval is two months). The agreement provides that the lease payment is due on June 1, 2010. The lease payment is paid on that day.

Since the lease interval begins before July 2010, ends on or after July 31, 2010, and the amount becomes due and is paid on June 1, 2010, the GST applies to the part of the lease payment that is attributable to June 2010 (i.e., $5,000, which is 50% of the payment) and the HST applies to the part of the lease payment that is attributable to July 2010 (i.e., $5,000, which is 50% of the payment).


Example 6

An individual enters into a written agreement with the operator of a marina for the right to dock the individual's boat from June 1, 2010 to August 31, 2010. In accordance with the agreement, the individual pays a $600 docking fee on June 1, 2010. This fee relates to the entire period covered by the agreement (i.e., the lease interval is three months).

Since the lease interval begins before July 2010, ends on or after July 31, 2010, and the amount becomes due and is paid on June 1, 2010, the GST applies to the part of the payment that is attributable to June 2010 (i.e., 1/3 × $600 = $200) and the HST applies to the part of the payment that is attributable to July and August 2010 (i.e., 2/3 × $600 = $400).

Lease interval begins on or after July 1, 2010

Where a lease interval begins on or after July 1, 2010, the following rules apply:

Example 7

An individual rents a parking space on a monthly basis (i.e., the lease interval is the calendar month) from the operator of a parking lot located near the individual's work. The payments are due and paid on the first day of each month. There is no written agreement and the operator issues a receipt when payment is made.

For the month of July 2010, since the lease interval begins on or after July 1, 2010, and the amount becomes due and is paid on that date, the HST applies to the payment made on July 1, 2010. This is the first payment to which the HST applies and the HST applies to all subsequent payments for parking.


Example 8

A golfer pays for green fees on the day of play. The amount paid by the golfer is an amount paid for the supply of real property, specifically, the right to use real property, made by way of lease, licence or similar arrangement. There is no written agreement and the operator of the golf course issues a receipt when payment is made.

As of July 1, 2010, HST applies to the green fees paid by the golfer on the day of play.

Accounting for the GST/HST

The previous rules explained whether the GST or HST applies to a taxable supply of real property made by way of lease. The following rules explain who accounts, and when to account, for the tax.

Where consideration becomes due or is paid after October 14, 2009 and before May 2010

Where the consideration becomes due or is paid without having become due after October 14, 2009 and before May 2010, the supplier accounts for the GST according to the normal rules. Certain lessees have to self-assess the provincial part of the HST. For more information, refer to the section on "Self-assessment of the provincial part of the HST".

Example 9

A hotel supplies accommodation from August 1, 2010 to August 15, 2010 to an individual. The individual pays consideration for the accommodation on April 1, 2010 at which time the hotel records the amount as revenues in its books and records (i.e., the amount paid is not a deposit). Upon receiving the payment, the hotel sends a receipt to the individual. An invoice was not previously issued and there is no written agreement in respect of the accommodation.

In this case, the HST does not apply since the payment is made (i.e., paid without having become due) on April 1, 2010. GST at 5% applies to the payment. The hotel must include the GST in its net tax calculation for the reporting period that includes April 1, 2010.

Example 10

An operator of a seasonal campground leases a site in the campground to an individual for the individual's personal use. In accordance with the written lease agreement, the lease payment is due on May 1, 2010 for the six-month period from May 1, 2010 to October 31, 2010. The individual pays the lease payment on April 15, 2010.

In this case, the HST does not apply even though the lease payment becomes due on May 1, 2010 since the lease payment is paid without having become due on April 15, 2010. GST at 5% applies to the lease payment. The operator must include the GST in its net tax calculation for the reporting period that includes April 15, 2010.


Example 11

A golf club operator provides locker rentals for the 2010 golf season. In this case, the operator is making a supply of real property by way of lease. The operator does not use a written lease agreement but does issue invoices to golfers for the amount of the rental for the season on April 1, 2010. A golfer pays the amount on July 10, 2010.

The HST does not apply to the payment since the payment became due on April 1, 2010. The operator must include the GST in its net tax calculation for the reporting period that includes April 1, 2010.


Example 12

A landlord receives a prepayment of rent (not a deposit) on April 15, 2010 for leased premises. The term of the written lease agreement is from July 1, 2010 to December 31, 2010. The lease agreement specifies that the lease payment for the entire period is due on July 1, 2010.

Even though the lease interval begins on July 1, 2010, the HST does not apply to the prepayment since it was paid without having become due before May 2010. GST at 5% applies to the prepayment. The landlord must include the GST in its net tax calculation for the reporting period that includes April 15, 2010.


Example 13

A farmer leases pasture land on a taxable basis from a grazing association every year for seven months from April through October for use in the farmer's commercial activities. Under the written lease agreement, one lease payment is due and paid on April 1 of each year for the seven-month period.

The HST does not apply to the payment the farmer makes on April 1, 2010. GST at 5% applies to this payment. Lease payments that become due and are paid on April 1 of subsequent years would be subject to the HST. With respect to the April 1, 2010 payment, the grazing association must include the GST in its net tax calculation for the reporting period that includes April 1, 2010.

Where consideration becomes due or is paid on or after May 1, 2010 and before July 2010

Where the consideration becomes due or is paid without having become due on or after May 1, 2010 and before July 2010, the supplier accounts for the GST according to the normal rules.

Where the HST applies to any part of the consideration, the supplier accounts for:

If the lessee is a GST/HST registrant, the lessee will be able to claim any eligible ITC for the provincial part of the HST in its net tax calculation for a reporting period that includes July 1, 2010, or a subsequent reporting period that is within the ITC time limitation.

Example 14

A hotel supplies accommodation to an individual from June 26 to July 5, checking out on July 6, 2010, i.e., 10 nights, at a rate of $150 per night (i.e., each night is a lease interval). The individual pays consideration for the accommodation in full on May 15, 2010. Upon receiving the payment, the hotel records the amount as revenue in its books and records (i.e., the amount paid is not a deposit) and sends a receipt to the individual. An invoice was not previously issued and there is no written agreement in respect of the accommodation.

The HST applies to 50% of the payment made to the hotel since the amount paid for 5 of the 10 nights is attributable to lease intervals beginning on or after July 1, 2010. GST at 5% applies to the remaining part of the payment. In this case, the GST on the first five nights and the federal part of the HST paid in respect of the last five nights must be included in the hotel's net tax calculation for the reporting period that includes May 15, 2010. The provincial part of the HST payable in respect of the last five nights must be included in the hotel's net tax calculation for the reporting period that includes July 1, 2010.


Example 15

The operator of a seasonal campground leases a site in the campground to an individual for the individual's personal use. Under the written agreement, the lease payment is due on May 1, 2010 for the six-month period from May 1, 2010 to October 31, 2010 (i.e., the lease interval is six months). The individual pays the lease payment on May 10, 2010.

The HST applies on the part of the lease payment that is attributable to the period beginning on July 1, 2010 (i.e., four of the six months or 67% of the lease payment). GST at 5% applies to the remaining part of the payment (i.e., the part of the payment that is attributable to two of the six months). The GST and the federal part of the HST paid in respect of the lease must be included in the operator's net tax calculation for the reporting period that includes May 1, 2010. The provincial part of the HST payable in respect of the lease must be included in the operator's net tax calculation for the reporting period that includes July 1, 2010.


Example 16

An individual leases a site for their personal use in a seasonal campground from May 1, 2010 to October 31, 2010. Under the written agreement, the lease payment is $1,000 and is due on May 1, 2010. The individual pays consideration of $500 on April 1, 2010 and the remaining $500 on May 1, 2010.

The GST at 5% applies to the payment made on April 1, 2010 since it is paid before May 2010. The campground operator would include this GST in its net tax calculation for the reporting period that includes April 1, 2010.

For the payment made on May 1, 2010, HST applies to the part of the lease payment that is attributable to the period beginning on July 1, 2010, i.e., four of the six months or 67% of the lease payment made on May 1, 2010 since the consideration is paid on or after May 1, 2010 and before July 2010. Therefore, $335 (67% of $500) is subject to the HST and $165 is subject to the GST at 5%. The GST and the federal part of the HST paid must be included in the operator's net tax calculation for the reporting period that includes May 1, 2010. The operator must include the provincial part of the HST payable in its net tax calculation for the reporting period that includes July 1, 2010.


Example 17

A golf course operator sells a multi-pack of green fees for the 2010 golf season to an individual for their personal use. The individual pays consideration for the multi-pack on May 1, 2010. The green fees are consideration for supplies of real property for GST/HST purposes, specifically, rights to use a golf course. Upon receiving the payment, the operator issues a receipt to the individual. An invoice was not previously issued and there is no written agreement in respect of the green fees.

The HST applies to the extent that part of the amount payable for the multi-pack is attributable to the part of the 2010 golf season that occurs on or after July 1, 2010. For purposes of determining the amount on which the HST applies, the CRA will generally take into account that part of the 2010 golf season that remains as of the date the multi-pack is sold. For example, if it can be reasonably expected (based on past seasons and/or forecasts) that the golf season ends on October 31, 2010, HST applies to the amount that is attributable to the period beginning on July 1, 2010 i.e., four months of the six-month period (May 1, 2010 to October 31, 2010) or 67% of the amount paid for the multi-pack of green fees. GST at 5% applies to the remaining part of the payment (i.e., the part of the payment that is attributable to two of the six months). The GST and the federal part of the HST paid in respect of the green fees must be included in the operator's net tax calculation for the reporting period that includes May 1, 2010. The provincial part of the HST payable must be included in the operator's net tax calculation for the reporting period that includes July 1, 2010.

If the multi-pack were sold on June 1, 2010, HST would apply to the amount that is attributable to the period beginning on July 1, 2010, i.e., four months of the five-month period (June 1, 2010 to October 31, 2010) or 80% of the amount paid for the multi-pack of green fees. GST at 5% applies to the remaining part of the payment (i.e., the part of the payment that is attributable to one of the five months).


Example 18

A ski resort operator supplies a 10 time ski pass on May 15, 2010. The pass has no expiry date and may be used, for example, in 2015. The supply of a ski pass is generally a supply of a right to use real property, i.e., the supply of real property by way of licence. Upon receiving payment of the consideration, the operator issues a receipt to the individual. An invoice was not previously issued and there is no written agreement in respect of the ski pass.

The HST applies on the total payment as the amount attributable to the period before July 2010 would be negligible in comparison to the infinite length of the period that occurs on or after July 1, 2010. The federal part of the HST paid in respect of the ski pass must be included in the operator's net tax calculation for the reporting period that includes May 15, 2010. The provincial part of the HST payable must be included in the operator's net tax calculation for the reporting period that includes July 1, 2010.

Where consideration becomes due or is paid on or after July 1, 2010

Where the consideration becomes due or is paid without having become due on or after July 1, 2010, the supplier accounts for the HST according to the normal rules.

Example 19

A landlord enters into a written agreement in January 2010 for the lease of commercial real property. The term of the lease commences August 1, 2010, and requires monthly lease payments, payable in advance, on the first of each month beginning August 1, 2010. The lease payments are paid when they become due. Each month is a lease interval and each lease payment is attributable to a period that occurs after July 1, 2010.

The HST applies to all of the lease payments. The landlord must include the HST in respect of a particular lease payment in its net tax calculation for the reporting period during which the particular lease payment becomes due and is paid.

Self-assessment of provincial part of the HST

Where the consideration for a taxable supply of real property made by way of lease becomes due or is paid without having become due after October 14, 2009 and before May 2010, to the extent that the consideration relates to a period that occurs on or after July 1, 2010, a lessee may be required to self-assess the provincial part of the HST.

A self-assessment of the provincial part of the HST is required if the lessee is:

A consumer is a particular individual who leases the real property for the individual's own personal use or consumption, or for the personal use or consumption of another individual at the particular individual's expense. A consumer does not include an individual who acquires a lease of real property for consumption, use or supply in the course of its commercial activities or in the course of making exempt supplies. This section does not apply to a consumer.

The lessee must account for the provincial part of HST:

Example 20

A small business using the Quick Method of accounting to calculate its net tax for GST purposes, leases space in a building from a landlord and uses the space exclusively in the course of its commercial activities. Under the written lease agreement, the lease payment is payable by the business on January 1, 2010, and covers the lease interval of January 1 to December 31, 2010. The business pays the lease payment on January 1, 2010. The business files quarterly GST/HST returns.

Since the lease payment becomes due and is paid on January 1, 2010 (during the period after October 14, 2009 and before May 2010) and the small business uses the Quick Method, the business is required to self-assess the provincial part of the HST on the part of the lease payment that is attributable to the period beginning on July 1, 2010 and ending on December 31, 2010 (i.e., the provincial part of the HST applies to six months of the twelve-month lease interval or 50% of the lease payment). The small business must include the provincial part of the HST on line 405 of its GST/HST return for the reporting period that includes July 1, 2010.


Example 21

The operator of a daycare centre leases space in a building from a landlord and uses the space in the course of making exempt supplies of childcare services. Under the written lease agreement for the space, a lease payment of $100,000 is payable by the operator on January 1, 2010 and covers the lease interval of January 1, 2010 to December 31, 2010. The operator pays $100,000 on January 1, 2010. The operator is not registered for GST/HST purposes.

Since the lease payment becomes due and is paid on January 1, 2010 (during the period after October 14, 2009 and before May 2010) and the operator uses the space in the course of making exempt supplies, the operator must self-assess the provincial part of the HST on the part of the lease payment that is attributable to the period beginning on July 1, 2010 and ending on December 31, 2010, i.e., six months of the twelve-month lease interval or $50,000 (50% of the $100,000 lease payment). The operator must file Form GST489 and pay the provincial part of the HST (in Ontario, 8% of $50,000 = $4,000 and in B.C., 7% of $50,000 = $3,500) before November 2010.


Example 22

A charity leases a camp site for the months of July and August 2010 for use in providing a day camp for children. The charity pays $2,000 consideration plus the GST at 5% for the lease on April 15, 2010. The written lease agreement provides that the lease payment does not become due before that date. The charity is registered for GST/HST purposes and files its GST/HST returns annually on a calendar basis using the net tax calculation method for charities.

Since the lease payment is paid without having become due on April 15, 2010 (during the period after October 14, 2009 and before May 2010) and the charity uses the net tax calculation method for charities, the charity must self-assess the provincial part of the HST on the lease payment. The charity must file Form GST489 and pay the provincial part of the HST (in Ontario, 8% of $2,000 = $160 and in B.C., 7% of $2,000 = $140) before November 2010 since its GST/HST return is due after October 2010.

Deposits

Deposits given in respect of a supply are not consideration for a supply unless and until the supplier applies the deposit as consideration for the supply or the amount is forfeited. Generally, a deposit is an amount, whether or not refundable, given by a recipient as security for the performance of an obligation by the recipient. A deposit is not a prepayment. An indication of whether an amount is a deposit or a prepayment of consideration for a supply may be determined by reference to how the supplier accounts for the receipt of funds in its books and records. An amount paid to a person as a deposit would generally not be recorded in the person's books and records as revenue until such time that the person applies the amount as a payment or the amount is forfeited.

Example 23

A hotel guest makes a deposit before May 2010 in respect of a supply of accommodation to be made by a hotel in August 2010. Upon receiving the payment, the hotel sends the guest confirmation of the reservation and receipt of the deposit. An invoice was not previously issued and there is no written agreement in respect of the accommodation. The deposit is not applied as consideration for the supply until the guest checks out of the hotel in August 2010.

The supply of accommodation is subject to the HST since the consideration becomes due and is paid after, and the lease interval begins after, June 2010.

Mandatory electronic filing

Many GST/HST registrants are required to file their GST/HST returns using electronic filing for reporting periods ending on or after July 1, 2010. For more information on electronic filing requirements, refer to GST/HST Notice 249, Questions and Answers on the New Reporting Requirements for GST/HST Registrants.

This info sheet does not replace the law found in the Excise Tax Act (the Act) and its regulations. It is provided for your reference. As it may not completely address your particular operation, you may wish to refer to the Act or appropriate regulation, or contact any CRA GST/HST Rulings Centre for additional information. A ruling should be requested for certainty in respect of any particular GST/HST matter. Pamphlet RC4405, GST/HST Rulings - Experts in GST/HST Legislation, explains how to obtain a ruling and lists the GST/HST Rulings Centres. If you wish to make a technical enquiry on the GST/HST by telephone, please call 1-800-959-8287.

If you are located in Quebec and wish to make a technical enquiry or request a ruling related to the GST/HST, please contact Revenu Québec by calling 1-800-567-4692. You may also visit their Web site at www.revenu.gouv.qc.ca to obtain general information.

All technical publications related to GST/HST are available on the CRA Web site at www.cra.gc.ca/gsthsttech.

Appendix A - Summary chart - taxable lease of real property

Where the consideration becomes due or is paid before October 15, 2009

Lease interval Application of GST/HST
Begins and ends before July 2010 GST applies
Begins before July 2010 and ends before July 31, 2010 GST applies
Begins before July 2010 and ends after July 30, 2010 GST applies
Begins and ends after June 2010 GST applies

Where the consideration becomes due or is paid after October 14, 2009 and before May 2010

Lease interval Application of GST/HST
Begins and ends before July 2010 GST applies
Begins before July 2010 and ends before July 31, 2010 GST applies
Begins before July 2010 and ends after July 30, 2010 GST applies
Certain non-consumers and selected listed financial institutions have to self-assess the provincial part of HST
Begins and ends after June 2010 GST applies
Certain non-consumers and selected listed financial institutions have to self-assess the provincial part of HST

Where the consideration becomes due or is paid on or after May 1, 2010

Lease interval Application of GST/HST
Begins and ends before July 2010 GST applies
Begins before July 2010 and ends before July 31, 2010 GST applies
Begins before July 2010 and ends after July 30, 2010 Pro-rate
GST applies to consideration that relates to periods before July 2010; HST applies to consideration that relates to periods after June 2010
Begins and ends after June 2010 HST applies

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