The Government of Canada implemented the Underused Housing Tax (UHT) on June 9, 2022, which impacts certain residential property owners as of December 31, 2022. Currently, every person who, as of December 31, 2022, is an “owner” of residential property in Canada, other than an “excluded owner,” is required to file a UHT return for the calendar year.
The 2023 Fall Economic Statement will eliminate the filing requirement for certain owners for the 2023 year to reduce the compliance burden. The Government is proposing to include the following “excluded owners” for UHT purposes:
- A “specified Canadian corporation,” which is generally a Canadian corporation having less than 10 percent of its votes or equity value owned by foreign individuals or corporations;
- A partner of a “specified Canadian partnership,” which is generally a partnership whose partners are exclusively “Canadian” or,
- A trustee of a “specified Canadian trust,” generally a trust whose beneficiaries are exclusively “Canadian.”
They will make other technical changes, including eliminating the requirement to file for condominiumized apartment buildings.
Lastly, the Government will reduce the minimum penalties to $1,000 for individuals (from $5,000) and $2,000 for corporations (from $10,000), effective for 2022 and subsequent years.
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