Question about New Housing GST rebate in Vancouver,

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My spouse and I recently moved into a 3 bedroom townhouse.  When we
purchased it we received a new housing rebate.  We have been living in our
place now for 6 months and are looking to sell it.  It is our primary
residence.
If we sell our primary residence without living it in for one full year do
we:
1) Have to claim capital gains tax?  Or is this sale tax free?
2) Will we have to pay back the new housing GST rebate?
Thanks in advance.
Best regards,
JXXXXXXXXXXX
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David Ingram replies:
1.    If the townhome was indeed your principal residence and you are selling it for personal reasons and did not intend to do a quick sale when you bought it, the sale shoudl be free of any capital gains tax.
On the other hand, if you started trying to sell it befoe you moved in and have only got your price now, you should expect to pay straight tax on any profit because you intended to flip it which is not a capital gain, it is straightr income
2.    I do not know of any rule that says you have to be in the home for a year for the GST rebate.
I perused the government guide on the subject (http://www.ccra-adrc.gc.ca/E/pub/gp/rc4028/rc4028-02e.pdf)  and could not find any such rule mentioned either.  However, I regularly find that other readers of this newsletter have the answers and will put it out to the group.
david ingram
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