HST CLAUSE Clause Samples
The HST Clause specifies how the Harmonized Sales Tax (HST) is to be handled in a contract or transaction. It typically clarifies whether prices are inclusive or exclusive of HST and outlines the responsibilities of the parties regarding the collection and remittance of this tax. For example, it may state that the seller must add HST to the invoice amount and remit it to the appropriate tax authority. This clause ensures both parties are clear about their tax obligations, preventing disputes over tax liability and compliance with tax laws.
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HST CLAUSE. The Purchaser and Vendor agree that the harmonized sales tax (the "HST") applies to this transaction and the Purchase Price includes the HST, net of the federal and Ontario new housing rebates or the like (collectively the "Rebate"). The Purchaser shall assign in a form required by the Vendor and/or by any of the Government of Canada, Government of Ontario and/or any other governmental and/or tax authority (collectively, the "Government") to the Vendor (or to such other party as the Vendor may otherwise require or direct) all of the Purchaser’s right, title and interest in the Rebate to which the Purchaser is entitled. In connection with such assignment, the Purchaser shall deliver to the Vendor (or to such other party as the Vendor may otherwise require or direct), upon request by the Vendor, on or after the Closing Date, such application, documents and affidavits as may be required by the Vendor and/or the Government to establish the Purchaser's entitlement to the Rebate. If the Purchaser is not entitled to the Rebate for any reason whatsoever or if the Rebate is reduced or withdrawn by the Government and not replaced with an amount equivalent to the amount of the Rebate to which the Purchaser is entitled by the Government or if the Rebate is not or cannot be assigned to the Vendor (or to such other party as the Vendor may otherwise require or direct) or the Rebate is claimed and payment/credit of the Rebate to the Vendor (or to such other party as the Vendor may otherwise require or direct) is denied by the Government then, the Purchaser shall forthwith upon demand by the Vendor pay to the Vendor (or to such other party as the Vendor may otherwise require or direct) an amount equal to the Rebate or the amount so reduced or withdrawn and until so paid, the amount of the Rebate shall form a charge against the Property which charge shall be recoverable by the Vendor (or by such other party identified by the Vendor) in the same manner as a mortgage in default. If the Vendor (or such other party identified by the Vendor) does not receive the full benefit of the Rebate for any reason whatsoever, whether or not as a result of the Purchaser’s acts or omissions, the Purchaser shall indemnify and save the Vendor (or such other party identified by the Vendor) harmless in the amount that the Vendor (or such other party identified by the Vendor) would have been entitled to had such Rebate been received, together with all interest and penalties thereon, and all losse...
HST CLAUSE. Pursuant to and subject to the provisions of Schedule “H” attached hereto, HST is included in the Purchase Price. In the event, however, that the HST is canceled, replaced or reduced, such event shall not affect the Purchase Price and the Purchaser shall not be entitled to any credit or rebate. All plans, elevations and specifications are subject to modification from time to time by the Vendor according to the 1993 Ontario Building Code and the National Building Code. The Vendor will not allow the Purchaser to do any work and/or supply any material to finish the dwelling before the closing date, unless specifically approved by the Vendor in writing. The Purchaser agrees to pay on closing for Tarion enrolment and acknowledges that it is based on the sale price. Enrolment fee is to be paid by the Purchaser on closing (as per Schedule “I”). House types and streetscapes subject to final approval of the Municipality of Developer’s Architectural Control Committee and final siting and approval of the Vendor’s architect, notwithstanding any other reference contained herein and without notice constraints. Variations from Vendor’s samples may occur in finishing materials, kitchen and vanity cabinets, floor and wall finishes due to normal production process. The Vendor shall be entitled to reverse the floor plan of the house being constructed. The Purchaser further acknowledges that they will not be permitted to enter the construction site or the purchased dwelling unit at any time before closing without written consent from the Vendor, and if they so do they will be deemed to be trespassing and in breach of the attached agreement at the Vendor’s sole discretion. In the event that the Vendor cannot complete this transaction due to non-registration of the plan 90 days prior to the scheduled completion date, and the Vendor deems he is unable to deliver the home within all required extension periods, either this agreement will be at an end and the deposit monies will be returned without interest or deduction, or both the Vendor and Purchaser may mutually agree to extend this agreement.
HST CLAUSE. The Purchaser agrees to personally occupy the Dwelling as his principal residence forthwith after Closing, and to allow the Vendor’s inspectors or agents or representatives of Canada Revenue Agency access to the Dwelling at all reasonable hours until the Vendor has received all HST Rebates. In the event that the Purchaser does not personally occupy the Dwelling as his principal residence and deliver on closing the necessary documents, evidence and affidavits required by the Vendor with respect to the HST, then the Purchaser shall pay an amount on closing equal to such HST Rebate that would have been available had the Purchaser occupied the Dwelling has his/her principal residence.
HST CLAUSE. (a) The Purchaser and Vendor agree that HST applies to this transaction and the Purchase Price includes the harmonized sales tax (the “HST”), net of all applicable federal and Ontario new housing rebates (collectively the “Rebate”). The Purchaser acknowledges and agrees that the Vendor shall insert the Consideration in the Transfer that the Vendor delivers to the Purchaser on the Closing Date.
(b) The Purchaser covenants and agrees to pay the HST exigible on the purchase of the Property as required by the Excise Tax Act (Canada), as amended, and any regulations made pursuant thereto (collectively, the “HST Legislation”). The Purchaser shall assign in form required by the Vendor and/or by any of the Government of Canada, Government of Ontario and/or any other governmental and/or tax authority (collectively, the “Government”) to the Vendor all of its right, title and interest in the Rebate to which the Purchaser is entitled. In connection with such assignment, the Purchaser shall deliver to the Vendor, upon request by the Vendor, on or after the Closing Date, such applications, assignments, directions, consents, documents and affidavits/declarations as may be required by the Vendor and/or the Subdivider and/or the Government to establish the Purchaser's entitlement to the Rebate. In addition, the Purchaser shall, and hereby covenants and agrees to, execute all documents and do all such things so as to fully co-operate with the Vendor in any manner which would legally minimize the amount of HST payable by the Vendor. DRAFT
(c) The Purchaser represents and warrants that the Purchaser is an individual and is acquiring the Property for his or his relation's primary place of residence (as defined in the HST Legislation). Subject to the terms of this Section, the Purchaser covenants and agrees that he shall forthwith following the Closing Date, personally occupy the Dwelling or cause one or more of his relations (as defined in the HST legislation) to occupy the Dwelling as his or their primary place of residence (as defined in the HST legislation) for such period of time as shall then be required in order to entitle the Purchaser to the Rebate.
(d) The Purchaser covenants and agrees to deliver to the Vendor before or after the Closing Date any and all documentation and/or application forms as the Vendor shall request, from time to time, in order to facilitate the aforesaid assignment, including without limiting the generality of the foregoing, an independent form ...
HST CLAUSE. The Purchaser and Vendor agree that the harmonized sales tax (the “HST”) applies to this transaction and the Purchase Price includes the HST, net of the federal and Ontario new housing rebates or the like (collectively the “Rebate”). The Purchaser shall assign (in form required by the Vendor or the Government of Canada) to the Vendor all of its right, title and interest in any refund, credit, rebate or the like (the "Rebate") of the HST to which the Purchaser is entitled. In connection with such assignment, the Purchaser shall deliver to the Vendor, upon request by the Vendor, on or after Closing, such applications, documents and affidavits as may be required by the Vendor and the Government of Canada to establish the Purchaser's entitlement to the Rebate. If the Purchaser is not entitled to the Rebate for any reason whatsoever or if the Rebate is reduced or withdrawn by the Government and not replaced with an amount equivalent to the amount of the Rebate to which the Purchaser is entitled by the Government, or if the Rebate is not or cannot be assigned to the Vendor then, the Purchaser shall forthwith upon demand by the Vendor pay to the Vendor an amount equal to the Rebate or the amount so reduced or withdrawn and until so paid, the amount of the Rebate shall form a charge against the Unit which charge shall be recoverable by the Vendor in the same manner as a mortgage in default. The Purchaser acknowledges and agrees the Purchaser shall not be entitled to any refund, credit or abatement in any manner whatsoever should the HST not apply to this transaction for any reason whatsoever. The HST that is included in the Purchase Price is based on the federal portion and the provincial portion of the HST at the rates of 5% and 8% respectively. If either or both of the rates increase, the Purchaser shall be responsible for the increase and shall pay same as an adjustment on the Closing Date, and if either or both of rates decrease, the Purchaser shall not be entitled to any abatement or reduction of the Purchase Price. Notwithstanding that the Purchase Price is inclusive of the HST net of the Rebate as aforesaid, the Purchaser shall, at the Purchaser’s own cost and expense, be responsible for the payment of the HST and all other taxes, value added taxes, sales taxes, use taxes or transfer taxes and any increases thereof which may be applicable (collectively the “Applicable Taxes) on all closing adjustments and amounts payable for extras, changes, upgrades, fees ...