At the time of closing of a purchase transaction or acquire a beneficial interest in land, the buyer needs to pay land transfer tax to the province of Ontario.
Unless exempt under the Act, the Land Transfer tax is payable on all unregistered dispositions of beneficial interests in land including every conveyance of land presented for registration.
Tax rates for land transfer tax are dependent upon the date of agreement of purchase and sale. If the registration or disposition of property occurs later than January 1, 2017, the tax rates on the value of the consideration are outlined below:
- 0.5% for all amounts up to and including $55000
- 1.0% for all amounts more than $55,000 and up to and including $250,000
- 1.5% for all amounts more than $250,000 and up to and including $400,000
- 2.0% for all amounts exceeding $400,000
- 2.5% for all amounts exceeding $2,000,000 where one or two single family residences are contained in the land
What Are the Land Transfer Tax Refund Rules for First‑Time Homebuyers?
The Land transfer tax is applicable for land conveyances in Ontario. First‑time homebuyers may be eligible for full or part refunds of the tax payable. The refund is applicable for
- All sale and purchase agreements for newly constructed homes, signed before December 14, 2007
- All purchase and sale agreements signed after December 13, 2007, for all homes including resale and newly constructed
Who Can Claim Land Transfer Tax Refund Under the First Time Homebuyer Clause?
Applicants who claim refunds need to be at least 18 years and should not have owned an interest in a home or a home in any country in the world. If their spouse is not a first time buyer and has not owned a house during their relationship, then the applicant claim 100% rebate even though they may be buying jointly.
Any applicant who has previously owned a home cannot qualify for a refund under this refund clause. The fact that the house was acquired from an inheritance, gift or purchase has no bearing on the application.
How to Claim A Land Transfer Tax Refund Under the First Time Homebuyer Clause?
Refunds application can be made at the time of registration as below:
- For electronic registrations, all forms under the Explanation tab of the electronic land transfer tax affidavit need to be completed; or
- For paper registration, Ontario Land Transfer Tax Refund Affidavit for First‑Time Purchasers of Eligible Homes form needs to be filed at the Land Registry Office
The possible land transfer tax refund amounts are outlined below:
- Maximum of $2,000 in the event of all dispositions and registrations which occurred before January 1, 2017;
- Maximum of $4,000 in the event of all dispositions and registrations occurring after January 1, 2017
Claiming refunds at the time of registration, seeks to offset the tax amount payable. In the event, where the refund is not claimed at registration, the applicant will need to pay the tax and apply for a refund to the Ministry of Finance. The amount of overpaid refund does not qualify for any interest.
First-time home buyers also have an additional benefit in reduced income taxes. At the time of their income tax filing, they can get a relief of up to $750.
Are Land Transfer Tax Refunds Allowed If No Transfer Has Occurred?
Refunds are available in the circumstances where Non-Resident Speculation Tax or Land Transfer Tax has been paid on notice of an agreement of sale and purchase where the transfer did not take place. Also, the rebate will be applicable if the transfer was not assigned or is at an end.
Deletion of caution or notice from the title is not proof of the interest not assigned, or agreement is at an end. The purchaser will need to confirm:
- No specific performance has been or will be launched
- No amendments to the agreement will be made after vendor negotiations
- Purchaser’s interest has not been assigned
When Is the Land Transfer Tax Refund Tax Considered to Be Overpaid?
The Land Transfer Tax that has been paid erroneously is to be returned to the individual or the business which made the excess payment. If the amount of tax paid is more than the actual tax payable by them, the excess needs to be returned as per the taxing statute or regulation.
The excess or the entire amount of tax paid may be refunded by The Minister of Finance in certain cases as outlined below:
- Tax paid is in excess of the tax payable (refund);
- The first‑time homebuyer refund is applicable for an applicant;
- No transfer has occurred (refund); or
- Rebate of Non-Resident Speculation Tax is applicable for the applicant
Tax may be overpaid in many circumstances as outlined below:
- Incorrect calculation of tax paid at the time of electronic registration;
- Incorrect tax rate applied to the consideration value;
- A taxpayer pays the tax twice on the same conveyance;
- Amount of the consideration has been reduced;
- Tax has been paid where it was not payable at all
How Can I Apply for A Land Transfer Tax Refund?
Written requests with the reasons outlined need to the submitted for claiming refunds of Land Transfer Tax. No standard form of claim is present.
For refund and rebates of Non-Resident Speculation Tax, you will need to provide the completed copy of statement 1 along with the Ontario Land Transfer Tax Refund/Rebate – Affidavit Additional Tax on foreign entities and taxable trustees (Non-Resident Speculation Tax).
Additional documentation must be submitted to support the reasons for refund stated in the application.
How We Can Help
At Nanda & Associate Lawyers, our experienced Real Estate lawyers understand your specific circumstances and provide tailored and customized solutions for each of them.
Our Mississauga Real Estate Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you.
Feel comfortable interacting with our caring team who speak more than 15 languages like English, French, Spanish, Italian, Portuguese, Albanian, Hindi, Punjabi, Kannada, Telugu, Tamil, Bengali and much more.