HST as an opportunity to save money

With only a month before the dreaded HST kicks in, Warren Ragoonanan offers a more positive take on the looming new tax.

Let us know what you think.  Submit a comment using the form at the bottom of the page.

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The Harmonized Sales Tax, which comes into effect on July 1, 2010, may be a cause for concern for consumers, including condo corporations. The HST combines the 5% GST and the 8% PST into a single tax, which means that many consumer goods and services that were PST-exempt will now be subject to the higher 13% tax. 

According to the McGuinty government, however, prices of consumer items should actually go down as a result of the HST.  Their argument works something like this. In an HST world, Ontario businesses will save money because they will be able to claim the entire 13% HST they pay to their suppliers back as an input tax credit, just as they currently do with the 5% GST.   Contrast that with the PST, which businesses cannot claim back from the government and which they simply pass on to their customers. When every business passes PST down the value chain in this way, the price of the final product or service ends up being higher because it reflects these hidden taxes added along the way. According to the government, the HST will eliminate these hidden taxes at each level, resulting in lower prices for the consumer. They have a diagram to illustrate this concept here.

How will the HST impact condo corporations? Condos are in the same position as consumers, which means that, unlike businesses, condo corporations cannot claim HST on their tax returns.  Even though, according to the Ministry of Revenue, only 17% of consumer purchases will be affected by the HST, that is little comfort to a condo board because that 17% includes many routine services condo corporations need to maintain their properties. HVAC, plumbing, electrical and cleaning services will all be subject to the HST. Don’t forget necessary services such as those provided by lawyers, auditors and engineers. 

The transition to HST is not going to be easy, but it is not all doom and gloom.   In fact, the HST can be an opportunity for condos to save money too. The government’s prediction about the HST resulting in reduced prices will not happen automatically. Boards and managers are going to have to negotiate those price reductions with their service providers. Boards now know that their suppliers and service providers are benefiting from a business tax reduction because of the HST. It is only fair that boards and condo owners share some of that in the form of decreased prices. In fact, while the boards are at it they can start scouring other parts of their service contracts as well. A creative board can find plenty of opportunities for suppliers to be more efficient, and therefore cost-effective. But those savings will not happen unless boards demand them. 

Boards should start this exercise right now. Directors and managers may have noticed that some suppliers have already started collecting HST. This is because of how the transition rules work. From May 1, 2010, businesses are required to collect HST on goods and services they sell between May 1 and June 30 that are to be delivered on or after July 1. (The transition rules are technical and this does not apply in every instance - for advice on this, speak with your condo corporation’s auditor). HST is already starting to make its presence known. There is no reason why Boards should wait to start renegotiating their agreements with suppliers.   

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For more information about the HST, visit GMA’s homepage to view a useful chart from the Ontario Ministry of Revenue detailing which products and services are subject to HST. Click the icon marked “Are You HST Ready?” 

CCI-T and ACMO secure concession to offset impact of HST

In a special update released this week, CCI-Toronto and ACMO announced that they have successfully lobbied the provincial government to amend the regulations under the Condo Act so that corporations registered before May 5, 2001 will have 15 years (not 10 years) from the date of their first reserve fund study to top-up their reserve funds.

[Update (March 7, 2010):  The regulation making this amendment is now published here.]

Condominium corporations existing as of May 1, 2001 were required to have their first official reserve fund study under the New Act within three years after that date. Generally speaking, that means that they must top up their reserve funds by the year 2016 or 2019.

CCI-Toronto and ACMO deserve kudos for securing this concession to help condo corporations offset the deleterious effects of the ever-looming HST.   We wish them well in their continued negotiations with government.

 

 

 

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Important update on Reserve Fund Change 
made by the Ontario Government:

Together CCI (Toronto) and ACMO are pleased to update you on important progress we have made in our discussions with the Ontario Government related to Reserve Funds. 

The provincial government has just confirmed that it will be giving condominium corporations that were registered before May 5, 2001 more breathing room when it comes to their reserve funds and the requirement to "top them up". According to the Minister of Consumer Services, this is a move the government believes will give Boards more flexibility with their budgets, and assist in taking some pressure off increasing common expenses.

Acknowledging that the statutory "topping up" deadline is fast approaching, the government agreed with our submission that it was appropriate to review the environment within which the industry is operating, including the current economic climate.

Thus the government has taken an important step by deciding that Corporations registered before May 5, 2001 will have 15 years, and not 10 years, from the date of their first reserve fund study to top up their reserve funds. This change will reduce the impact of the HST on reserve funds as any shortfall can be gradually collected or transitioned over an additional 5 years, eliminating the need for immediately seeking additional funds from owners, which would have put an additional financial burden on them.

This change will come into effect on July 1, 2010 and ACMO and CCI (Toronto) look forward to working with the government in implementing it.

This Reserve Fund extension is one of several constructive solutions that we recommended to the government and have been advocating very hard over the past year. These are solutions to try to solve many serious issues related to condominiums in Ontario, including the impact of the HST on owners. It is a greatly appreciated measure from the government that will benefit many owners in Ontario to varying degrees.

However, our work does not stop here. CCI (Toronto) and ACMO are continuing with their efforts on behalf of the condominium industry to obtain solutions to the serious and unique problems facing condominium owners, and we look forward to continuing our constructive dialogue with the government on these issues, and in particular with the Hon. Sophia Aggelonitis, Minister of Consumer Services.

Armand Conant, B.Eng., LL.B., D.E.S.S. (Sorbonne)
President, Toronto Chapter 
Canadian Condominium Institute

Chris Antipas, RCM, ACCI
President, Association of Condominium
Managers of Ontario


 

 

 

FAQs on HRTC

The Toronto Chapter of the Canadian Condominium Institute has posted a special info bulletin on how condominium unit owners can claim the Home Renovation Tax Credit (HRTC).

From the bulletin:

On behalf of CCI Toronto & Area Members, and in conjunction with ACMO, a lawyer specializing in tax law was retained to coordinate a meeting with CRA representatives in order to address many questions submitted by our members regarding the legal interpretation of the HRTC rules and how they affect the practical management of Condominium Corporations. This meeting with CRA representatives was also attended by an Auditor specializing in condominium accounting and taxation.

16 questions and answers are then provided.

See the bulletin (in pdf) here.

Kudos to CCI-T and ACMO for gathering and presenting this useful information.  

Pass it on!

Best of the blogosphere for January 2010

In case you spent January at the gym or fulfilling other resolutions for the new decade, here is our mini-digest of noteworthy condo-related posts from the blogosphere last month.

Enjoy the Family Day long weekend!   

Records Retention: Going Paperless through E-Archives -- Paper is so passé! Marilyn Perez-Martinez of the Florida Condo & HOA Legal Blog describes some of the critical considerations in devising an electronic archive process for storing a condo’s records.  The key is in preparing a sound plan.

A Building Component does not become Common Area just because it was placed or built on the Common Area -- California HOA attorney David Swedelson blogs on a recent appellate case that sounds strikingly similar to our Court of Appeal’s ruling in Wentworth Condo Corp. 198 v. McMahon.   

Recognizing the Fraud Triangle -- Increase your vigilance. Florida condo lawyer Donna Berger highlights some telltale signs of fraud and how to spot them. 

CCAL Seminar -- The Case Law Update – Utah condo lawyer Lincoln Hobbs blogged about the presentation of the past years' top condo/HOA cases at the US College of Community Association Lawyers' annual law conference. Other seminars were reported, including CCAL Law Conference -- The Unauthorized Practice of Law.

The 2009 Home Renovation Tax Credit and CondominiumsIt’s tax season again, and property manager Tracey McLellan offers some suggestions for reporting and claiming the HRTC.  

Dealing With "the Crazies" Within a Homeowner Association -- Daniel Zimberoff at the Northwest Condo & HOA Law Blog offers some advice for what is probably a remarkably rare situation that is seldom faced by condo boards and mangers. 

The Sword, the Shield, and the Guide - Working with the Association's Attorney -- Kevin Britt of the Seattle Condominium and Homeowners Association Attorney Blog identifies and describes three distinct roles that a lawyer can fill when acting for a condo or community association.

Make indoor air quality test a standard part of real estate purchases -- Bob Aaron notes that people are becoming increasingly aware of the dangers of radon gas but that indoor air quality is not yet dealt with as part of real estate transactions. He also describes a number of ways to test for radon.

CCI's fight against HST takes to the airwaves

Many condo boards and unit owners are concerned over the impact of the proposed Harmonized Sales Tax on their condominium corporations and their own pocket books.  They will be glad to know that  the Toronto Chapter of the Canadian Condominium Institute (which represents over 113,000 condo units in the GTA) has been valiantly advocating against the proposed tax.  

CCI-Toronto is taking their fight to the airwaves on TV tonight.   Hear the latest about what is being done.   According to their news release: 

 Tune in to Focus Ontario on Global Television on Saturday, November 21st at 6:30 p.m. to hear host Sean Mallen speak with guests Armand Conant - President, Canadian Condominium Institute - Toronto Chapter and Robert Hattin - Canadian Manufacturers and Exporters, on the issue of the Harmonized Sales Tax.

Mr. Conant, President of CCI Toronto, Co-Chair of the Joint CCI-T/ACMO Government Relations Committee and a lawyer with the firm Heenan Blaikie LLP will focus his comments on Saturday's show on CCI-T's opposition to the inequities the HST will create for condominium owners.

For details on Focus Ontario click here.

Condo units on the block in Toronto tax sale

The City of Toronto is selling off a dozen condominium units recently seized for tax arrears.

Units up for grab include:

  • 1 parking unit at MTCC 731 (71 Front St. E.)
  • 7 locker units and 3 parking units at MTCC 713 (188 Spadina Ave.)
  • 2 commercial units at MTCC 1098 (4465 Sheppard Ave. E.)

Particulars of the units and terms and conditions of the sale are set out on the Sale of Land Notice here.   Tenders must be submitted by November 13, 2009.

Get 'em while they're hot, but buyer beware -- Tax sales are fraught with risks, especially for condo units.  Potential purchasers should get help from a condominium law professional in conducting the necessary due diligence prior to submitting a tender. 

HST at centre of by-election politics

The Toronto Sun reports that the impact of the proposed HST on condominium corporations and their unit owners is turning into a political football in the September 17 provincial by-election in the Toronto riding of St. Paul’s.

The opposition parties have condemned the proposed new tax because it will cause condominium fees to increase.

Finance Minister Dwight Duncan says he does not expect to see a substantial increase in condo fees, which flies in the face of the predictions made by the condominium management industry that fees will rise on average by 6 to 8%. These predictions were reported in recent months in the Toronto Star here and in the Globe and Mail here.

Notwithstanding the large number of services that the HST will affect, Finance Minister Duncan says:

"I have a condominium in Windsor and my condominium fees will likely not be affected because the services we buy are very competitively delivered."

Let me guess: His condo corporation is locking-in and pre-paying the next ten years' worth of fees for legal, accounting, engineering, property management, landscaping, contracting, housekeeping and any other service not currently subject to PST.   Alternatively, perhaps this corporation has chosen to discontinue some or most of those services.

Shame on you, Minister Duncan. Rather than try to convince us that the HST is not going to have a big effect on our pocketbooks (which is decidedly untrue), you would do better to convince us that this tax is necessary and will benefit all of us in the long term.

Meanwhile, we wait to see what the voters of St. Paul's decide.

Is your condo corporation budgeting for HST yet?

The Toronto Star reports that an ACMO luncheon panel to be held in September on the topic of the HST will feature a very brave parliamentary assistant to the minister of revenue.   The article also outlines ACMO and CCI's estimation of the impact the new tax will have on condo corporations and unit owners, which information has been submitted to the Ontario government.  (See ACMO's submission here.)

Update (Sept 27/09):   National Post reports on the above-mentioned ACMO luncheon here.

Unfortunately, it appears that arguments being made by the condo industry associations in support of exemptions or reductions of the HST  are falling on deaf ears, as are the pleas of every other industry association, social group and watchdog.   By all accounts the government has very clearly made up its mind on the HST and is now firmly focused on "selling" the tax to anyone who will listen.   The time for submissions and petitions has therefore passed -- Consumers and their condo corporations will be paying HST starting next July.   It now falls to condo boards to prepare themselves and their unit owners to deal with the coming new reality.

We wrote about the HST back in March when it appeared imminent that the province would introduce this new tax to help offset massive multi-year deficits.    We suggested back then that condo corporations begin budgeting for HST and establish a program of reducing expenses and increasing contributions to the common expenses and reserve funds.    See that piece here

With only ten months until the HST becomes effective, there is no time to lose.

What steps are you taking at your condo corporations?   

Deadline to appeal property tax assessment is March 31

Residential property owners thinking about appealing their 2009 property tax assessment must file a Request for Reconsideration ("RfR") by March 31.  

Don't wait until the last minute to take steps -- Property owners will need to read up on the changes in force this year and may need to get assistance.

For a handy summary of some of the changes and important dates, see the bulletin prepared this month by the municipal law group at Faskens in Toronto.

As we mentioned in an earlier post, a condo corporation can bring a single appeal on behalf of all of its unit owners if there is an appropriate by-law in place.   If your corporation does not have such a by-law, take steps to enact one before the next assessment period in 2012.

Harmonized sales tax on the horizon -- start budgeting

Imagine waking up one morning to find that all of the goods and services you needed to buy cost 8% more than they did the day before.   That day may come soon.

In January 2009, Premier McGuinty said that the Ontario government would "take a long, hard look" at harmonizing the 8% Provincial Sales Tax with the 5% federal GST. 

Those comments were made in response to a report by the Ontario Chamber of Commerce stating that implementing an HST and abolishing the loophole-filled retail sales tax system would boost Ontario's global competitiveness and reduce financial and paperwork burdens on Ontario businesses.   It would also increase tax revenues, which would surely come as a relief to the finance minister who warns us this month about an $18-billion deficit for this year and next.

Both the Globe and Mail and the Toronto Star have written editorials this week in favour of Ontario adopting an HST, but not everyone thinks it's a good idea.   Toronto real estate lawyer and columnist Bob Aaron suggests that the already-battered real estate market will be further impacted by HST on legal fees and realtors' commissions and that it will become harder for honest contractors to compete with the growing underground economy.

There is no question that a boost to our businesses and our global competitiveness would be a positive and welcome development, but let's not kid ourselves -- the cost of that benefit will be dearly paid by consumers at a time when most people are already struggling.   In addition to paying more for their own daily necessities and services for their own families, consumers will be shouldering the higher costs for goods and services sold to their condo corporations.

An HST will have a significant impact on condo budgets.   Landscaping, renovation, accounting and legal services that are presently subject only to 5% GST will become subject to 13% HST.   Even if prices were to remain the same or decrease very slightly, the overall out-of-pocket cost for such goods and services will actually increase with the introduction of an HST.    

If your condo corporation is barely squeaking out balanced budgets today, it may be time to take a long, hard look at further reducing expenses wherever possible and implementing a gradual increase in common expense fees to help build an operating reserve.   Having a cushion in place to absorb higher costs is essential to avoiding scenarios where special assessment is the only remaining option.   A gradual increase in common expenses is a far preferable and affordable option than sudden, large lump sum assessments.

Get ready for the renovation boom

The Home Renovation Tax Credit (“HRTC”) generated considerable buzz after being introduced as part of the Federal Budget this year. The HRTC provides a tax credit of up to $1,350 for homeowners to perform renovations on houses, cottages and residential condominium units.

Click here to see Bob Gardiner’s summary of how the HRTC might apply to both condo corporations and unit owners.

With so many condominiums reaching 15-20 years of age, the HRTC will likely cause a small surge of renovation work in condominium units this year, which might help the economy in a small way and add value to condo units and complexes alike. But with this good news comes the possibility of a corresponding surge in disputes between condominium corporations and their unit owners.

The most common disputes that might arise over unit renovations include disturbances to neighbours during the renovations and damage to or improper use of the common elements by contractors. After the work is complete, typical disputes relate to nuisances from sound transmission or water escape, often the result of substandard soundproofing or faulty plumbing. Such disputes and problems might be avoided if the condo corporation is proactive at the outset. Here are a few ideas to consider, but remember to get legal advice before implementing them.

Condo corporations should ensure that their renovation policies and information and approval requirements are comprehensive and clearly defined. Make sure that the owners can easily understand precisely what is required of them. A soundproof flooring rule prescribing a specific type or quality of insulation to be laid is a good example of how the corporation can ensure that the installation of a hardwood floor will not cause disturbances to downstairs neighbours in the future.

If your corporation’s declaration requires Board approval for unit renovations, insist that requests for approvals be submitted using a clearly-worded standardized form that requires all necessary information to be included. Once you have devised a suitable request form and approval procedure, do not accept incomplete or informal renovation requests or requests made by email message or over the phone.

Once appropriate renovation rules, guidelines and procedures are in place, make sure that the relevant information and forms are easily accessible. Have copies available in the office and post a set on your website. Consider creating a special renovation package containing relevant excerpts of the declaration, by-laws and rules, specification of the unit boundaries and an explanation of the approval process as well as all necessary forms. Prepare a hand-out for owners to give to their contractors, listing any special requirements that contractors must observe, including:

  • day and time restrictions on when work can be performed
  • parking rules
  • procedures for use of loading docks / elevators
  • policy for water/hydro shut-offs
  • avoiding damage to common elements
  • how to report damage or safety issues
  • security and identification protocols

If unauthorized work or violation of the condo documents is observed or reported to management, the Board or manager should give a prompt written demand that the offending unit owner halt work immediately. It may become more difficult to pursue an owner for damages or costs arising from unauthorized work if action is not taken promptly after detecting the work in progress. Get legal advice as soon as possible in such circumstances.

By establishing and effectively communicating clear rules, procedures and explanatory materials, your unit owners can make quality renovations to their homes, add value to your condominium complex and give our ailing economy a much-needed boost.
 

New for 2009: Home Renovation Tax Credit

Bob Gardiner of our office has given the following quick summary of the nuts and bolts of the Home Renovation Tax Credit (“HRTC”) that was introduced as part of last week’s 2009 Federal Budget:

The HRTC will provide a 15% non-refundable tax credit to individuals for eligible expenditures in excess of $1,000 but not more than $10,000 made in respect of eligible dwellings. That will result in a maximum federal tax credit of $1,350 ($9,000 x 15%). The work must be performed between January 28, 2009 to January 31, 2010. The HRTC provides a single limit for each family consisting of an individual, spouse or common law partner and their children under age 18 throughout 2009.

An eligible dwelling consists of a person’s principal residence or the principal residence of one or more of the other family members. For condominiums and co-operative housing corporations, eligible expenditures will include the individual’s share of the cost of renovating common areas, in addition to costs to renovate the unit. Portions of a home used partly to earn business or rental income do not qualify, but the residential portion of a home can qualify for appropriate expenditures in respect of the personal-use areas. Expenditures made in respect of common areas or that benefit the housing unit as a whole such as re-shingling a roof, must be allocated between personal and income-earning use in order to determine the portion that qualifies for the credit.

The renovations must be of an enduring nature that are integral to the dwelling (or common elements), including expenditures for the cost of labour and professional services, building materials, fixtures, and equipment rentals and permits.  However, routine repairs and maintenance typically performed on an annual or more frequent basis are excluded expenditures, as are expenditures for appliances, audio-visual electronics and financing costs. Furniture, draperies and other indirect expenditures that have a value independent of the renovation (such as construction equipment and tools) do not qualify. Goods or services must be provided by a non-arm’s length person supported by receipts and GST charges.

Click here to see Frequently Asked Questions about the HRTC on Canada Revenue Agency's website. 

Click the picture to the left to view details about the HRTC on the Budget 2009 website.