Who pays land transfer tax?

When you acquire land or a beneficial interest in land, you pay land transfer tax to the province when the transaction closes.

Land transfer tax is normally based on the amount paid for the land, in addition to the amount remaining on any mortgage or debt assumed as part of the arrangement to buy the land.

In some cases, land transfer tax is based on the fair market value of the land, such as in the following examples:

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• the transfer of a lease with a remaining term that can exceed 50 years

• the transfer of land from a corporation to one of its shareholders, or

• the transfer of land to a corporation, if shares of the corporation are issued.

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Tax rates

Effective January 1, 2017, the tax rates for land transfer tax will depend on the date of the agreement of purchase and sale.

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If an agreement of purchase and sale is entered into after November 14, 2016, and registration or the disposition occurs on or after January 1, 2017, the tax rates on the value of the consideration are as follows:

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• amounts up to and including $55,000: 0.5%

• amounts exceeding $55,000, up to and including $250,000: 1.0%

• amounts exceeding $250,000, up to and including $400,000: 1.5%

• amounts exceeding $400,000: 2.0%

• amounts exceeding $2,000,000, where the land contains one or two single family residences: 2.5%.

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Ontario Ministry of Finance- RateHub.ca

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