Are you a first-time home buyer? Do you know you can save up to $2,000 on land transfer tax in Ontario. It occurred to me that not every
first-time homebuyer considers land transfer tax when they are budgeting
for their purchase or applying for their mortgage and as far as closing
costs go, this is a big one to overlook, particularly if the purchaser
does not qualify for any rebates. The purpose of this article is to
shed some light on how land transfer tax is calculated and the criteria
for rebates that are currently available for first-time homebuyers.
How to Calculate Land Transfer Tax
In Ontario, the provincial government collects land
transfer tax on the disposition of land or a beneficial interest in
land pursuant to the Land Transfer Tax Act (Ontario). On February 1,
2008, the City of Toronto instituted its own land transfer tax which
mirrors, and is paid in addition to, the Ontario land transfer tax.
There are various transfers that are exempt from both taxes, such as a
transfer between spouses pursuant to a written separation agreement or a
transfer between a trustee and beneficial owner of land. For the
purposes of this article, I will focus on land transfer tax that is
payable upon the sale of residential real estate in the City of Toronto,
assuming that no exemptions apply.
Ontario and Toronto land transfer taxes are payable on the
consideration that passes from the transferee to the transferor of
property and the amount, if any, of a mortgage or debt being assumed by
the transferee as part of the transfer. The current formulas for
determining land transfer taxes are as follows:
Ontario land transfer tax:
- 0.5% – on the first $55,000
- 1.0% – on portion between $55,000 – $250,0001.
- 5% – on balance over $250,000
- 2.0% – on anything over $400,000
Toronto land transfer tax:
- 0.5% – on the first $55,000
- 1.0% – on portion between $55,000 – $400,000
- 2.0% – on anything over $400,000
Land Transfer Tax Rebates for First-Time Homebuyers
For first-time homebuyers, the Ontario government offers a land
transfer tax rebate of up to $2,000.00 and the City of Toronto offers a
land transfer tax rebate of up to $3,725.00. To qualify for these
rebates, the homebuyer must meet the following criteria:
- they must be at least 18 years of age;
- they must occupy the home as their principal residence within 9 months of the date of transfer;
- they cannot have owned a home, or an interest in a home, anywhere in the world at any time;
- if they have a spouse, their spouse cannot have owned a home, or an
interest in a home, anywhere in the world while being their spouse;
- in the case of a newly constructed home, they must be entitled to a Tarion New Home Warranty; and
- they cannot have previously received an Ontario Home Ownership Savings Plan-based refund of land transfer tax.
If there is more than one homebuyer and only one of them is a
first-time homebuyer, that first-time homebuyer will only be able to
claim a fraction of the rebates equal to their interest in the property
(so if they only acquire a 50% interest in the property, they will only
be able to claim 50% of the rebates). As well, if a first-time
homebuyer has a spouse who owned a home or an interest in a home
anywhere in the world while being their spouse, neither one of them will
qualify for the rebates; if, however, the first-time homebuyer’s spouse
sold his or her home or interest in a home prior to becoming their
spouse, then the first-time homebuyer can claim their 50% share of the
rebates and their spouse’s 50% share of the rebates (for a total of 100%
of the rebates) even though the spouse is not, by definition, a
first-time homebuyer.
Confused yet? Here’s an example to help clarify how the rebates work:
Consider a couple, Jack and Jill, who are not spouses but are
purchasing a home together for $400,000. Jill is a first-time homebuyer
and Jack is not. The land transfer tax that would be payable by Jack
and Jill is as follows:
- Provincial land transfer tax: $4,475.00
- Municipal land transfer tax: $3,725.00
- Total land transfer tax: $8,200.00
Assuming that all of the criteria for the rebates are met and Jack
and Jill are each acquiring a 50% interest in the home, Jill can claim
up to 50% of the rebates for a total savings of $2,862.50 (50% of $2,000
and 50% of $3,725). If Jill acquired a 75% interest in the home, she
would get a corresponding increase in the amount of rebates she could
claim – in that case, Jill could claim up to 75% of the rebates for a
total savings of $4,293.73 (75% of $2,000 and 75% of $3725).
If Jack and Jill were spouses of one another, the outcome would
depend on whether Jack sold his home before becoming Jill’s spouse. If
Jack did not sell his home before becoming Jill’s spouse, then neither
one of them would qualify for the rebates; if, however, Jack sold his
home prior to becoming Jill’s spouse, then Jill could claim her 50%
share of the rebates and Jack’s 50% of the rebates (for a total of 100%
of the rebates).
At the end of the day, it is important to consider land transfer tax
and available rebates when budgeting for your first home purchase.
Source: Baker Lawyers,Ontario LTTR