It is important to note that there are different types of leases, some of which are more consumer-friendly and more flexible than others. Options leases give you the right, but not the obligation to buy the house when the lease expires. If you decide not to buy the property at the end of the lease, the option expires and you can leave without any obligation to continue paying or buying rent. This is not always the case for leases. The individual will take possession of the residential complex at the beginning of the contract, but the sale will not be “concluded” and the title will not be transferred until the end of the 24-month period. As you can imagine, it may be surprising to learn that you have “owned” a building longer than you thought. Significant differences in tax impact may require you to change previous income tax returns. An individual enters into an agreement with a contractor to take over a newly constructed residential complex for a period of one year as the individual`s place of residence. The individual must make monthly payments of $1,000 throughout the year.
The agreement also includes an option to purchase the complex for $150,000, which can be exercised at any time in the year following the occupation by the individual. In addition, it was agreed that, if the option is exercised, the sum of the initial payments will be applied to the purchase price of $150,000. (a) the ownership transfer agreement refers to the purchase and sale of the complex; However, the term selling qualification means that the IRS will treat the transaction as if the tenant had taken possession of the property as soon as the original lease was signed. The result is a very different tax image for both buyers and sellers: the following provisions of the Excise Act may apply: 123 (1) definition of “sale”; 133 agreement as delivery; 152 (2) Consideration for leases; 168 (5) Real Estate Sale; 168 (6) Combined supply; 191 (1) – (3) Self-sufficiency in residential real estate; 191 (2) Self-sufficiency in the event of termination of the sales and sale contract; 254 GST New housing discount; 336 Transitional provisions The lease option transaction described in this example is treated as a tax sale because rents are so high that the tenant is economically forced to exercise the option. Moreover, the evidence is even more compelling in this case, since excessive rents and low option prices add to the approximate fair value of the property.