Manoir Sacré Coeur du Lac Nominingue c. La Reine

Manoir Sacré Coeur du Lac Nominingue c. La Reine

Because the undisputed facts establish the appellant only made exempt supplies of residential accommodation (tenancies of at least one month) as defined in Schedule V Part I item 6(a), the appellant was not carrying on a "commercial activity" for GST purposes and therefore was not entitled to the claimed input tax...

Source-derived case information.

Citation
2005 CCI 148
Parties
Appellant: Manoir Sacré‑Coeur du Lac‑Nominingue Inc.; Respondent: Sa Majesté la Reine
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
28 February 2005
Procedural Posture
Part IX Excise Tax Act (gst) Assessment Appeal / Judgment on Appeal
Outcome
Appeals dismissed
Legal Topics
Input Tax Credits, Exempt Supplies, Residential Tenancy Exemption, Statutory Interpretation
Source Language
fr
Tax Law Goods and Services Tax Administrative Law Input Tax Credits Exempt Supplies Residential Tenancy Exemption Statutory Interpretation

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Parties

Manoir Sacré‑Coeur du Lac‑Nominingue Inc.

Appellant

Sa Majesté la Reine

Respondent

Procedural Posture

Part IX Excise Tax Act (gst) Assessment Appeal / Judgment on Appeal

  1. 1 Whether appellant was entitled to input tax credits when it made only exempt supplies
  2. 2 Whether supply of accommodation to individuals for at least one month is an exempt supply under Schedule V Part I item 6(a)
  3. 3 Whether the appellant carried on a commercial activity for purposes of entitlement to input tax credits

Ratio Decidendi

Because the undisputed facts establish the appellant only made exempt supplies of residential accommodation (tenancies of at least one month) as defined in Schedule V Part I item 6(a), the appellant was not carrying on a "commercial activity" for GST purposes and therefore was not entitled to the claimed input tax credits; the assessments are therefore justified.

Court Disposition

Appeals dismissed

Orders

  • Appeals from the Part IX assessments dated 12 September 2002 (assessment nos. 032G0109356 and 032G0109357) are dismissed.