Vendor's Residential HST (GST) Declaration

Summary

This precedent is a residential that is a "Statutory Declaration" delivered by the Vendor to the Purchaser. It confirms that the Property is "used residential property" and therefore not subject to HST under the Canada Excise Tax Act, R.S.C. 1985, c. E-15. It includes practical guidance and drafting notes. A "Statutory Declaration" in Ontario is the equivalent of an "Affidavit", "Sworn Statement" or "Statement made under Oath" in other jurisdictions. It is a solemn and serious communication by, in this case, the Vendor to the Purchaser in a transaction laying out certain facts and statements which the Purchaser may rely upon as if they had been given "under oath". In other words, knowingly lying or misrepresenting the truth under a "Statutory Declaration" is a serious offence and potentially opens the Vendor to great liability. Under the Excise Tax Act, the Goods and Services Tax ("GST") or the Harmonized Sales Tax ("HST") as it exists in Ontario is not triggered on most transactions ...