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12.04 New Housing Refund If Property Contains Residential Improvement On Registration Date

In This Volume

12.04 (1) A transferee who is entitled to an exemption under section 12.02 or 12.03 in respect of an eligible transaction and who fails to apply for that exemption on the registration date may, within 18 months after that date, apply to the administrator for a refund of the tax paid on the registration of the transaction by the transferee.

  • (2) A transferee who is not entitled on the registration date to an exemption under section 12.02 or 12.03 in respect of an eligible transaction because the transferee is not a qualifying individual on that date may apply to the administrator for a refund of the tax paid on the registration of the transaction by the transferee if
  • (a) the transferee becomes a qualifying individual on or before the first anniversary of the registration date, and
  • (b) the application for the refund is made within 18 months after the registration date.
  • (3) On receiving an application under subsection (1), the administrator,
  • (a) if satisfied that the transferee would have qualified for an exemption under section 12.02 or 12.03 on the registration date, must pay out of the consolidated revenue fund a refund of the portion of the amount of tax paid by the transferee that is equivalent to the amount of the exemption to which the transferee would have been entitled had the application for the exemption been made on the registration date, or
  • (b) if not satisfied that the transferee would have qualified for an exemption under section 12.02 or 12.03 on the registration date, must refuse the application and provide the transferee with written notice under subsection (5) of the refusal.
  • (4) On receiving an application under subsection (2), the administrator,
  • (a) if satisfied that the transferee
    • (i) would have qualified for an exemption under section 12.02 or 12.03 on the registration date but for the transferee’s failure to be a qualifying individual on that date, and
    • (ii) became a qualifying individual on or before the first anniversary of the registration date,
  • must pay out of the consolidated revenue fund a refund of the portion of the amount of tax paid by the transferee that would have been exempted under section 12.02 or 12.03 had the transferee been a qualifying individual on the registration date, and
  • (b) if not satisfied that the requirements for the refund set out in paragraph (a)(i) and (ii) have been met, must refuse the application and provide the transferee with written notice under subsection (5) of the refusal.
  • (5) If an application for a refund under subsection (1) or (2) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to file a notice of objection under section 19.

2016-3-54, effective February 17, 2016.