The Appellant purchased a residential property, demolished the existing structure, built a new luxury home, and sold it for a profit without ever occupying it.
The Minister reassessed the Appellant for unremitted HST on the sale, arguing she was a 'builder' who sold the property in the course of an adventure in the nature of trade.
The Tax Court dismissed the appeal, finding that the possibility of resale at a profit was an operating motivation for the acquisition.
The Court also denied the Appellant's claim for an input tax credit for HST paid on the real estate commission, as she was not a registrant during the relevant period.
