When you buy land or an interest in land in Ontario, you pay land transfer tax. First-time homebuyers of an eligible home may be eligible for a refund of all or part of the tax.
To claim a refund, you must be at least 18 years of age, you cannot have owned a home or an interest in a home anywhere in the world, and your spouse cannot have owned a home or interest in a home, anywhere in the world while he or she was your spouse. Previous ownership in a home means you do not qualify for the land transfer tax first-time homebuyers refund. The method of acquiring the home (e.g., purchase, gift or through an inheritance) is not relevant.
You cannot re‑qualify as a first‑time homebuyer. This rule may be different from other federal programs for first‑time homebuyers (e.g., the Canada Revenue Agency Home Buyers' Plan).
Land transfer tax applies to all conveyances of land in Ontario. First‑time homebuyers may be eligible for a refund of all or part of the tax payable.
Qualifying taxpayers may claim an immediate refund at time of registration as follows:
If the refund is not claimed at registration, the tax must be paid and a claim for the refund may be submitted directly to the Ministry of Finance at the address at the end of this bulletin.
If the refund is claimed at the time of registration, it may offset the land transfer tax that would be payable. If the refund is not claimed at registration, the tax must be paid, and a claim for the refund may be submitted to the Ministry of Finance. No interest is paid on this refund. Procedures for refunds are outlined below, under Procedures to apply for the refund.
For conveyances or dispositions that occur before January 1, 2017, the maximum amount of the refund is $2,000.
Beginning January 1, 2017, the maximum amount of the refund is $4,000. The increased limit of $4,000 applies only to conveyances or dispositions that occur on or after January 1, 2017, regardless of the date the agreement of purchase and sale was signed.
Beginning January 1, 2017, no land transfer tax would be payable by qualifying first‑time purchasers on the first $368,000 of the value of the consideration for eligible homes. First‑time purchasers of homes greater than $368,000 would receive a maximum refund of $4,000.
For information on determining the value of the consideration for transfers of new homes, read Determining the Value of the Consideration for Transfers of New Homes.
For information on calculating land transfer tax, read Calculating Land Transfer Tax.
The refund will be reduced if one (or more) of the purchasers is not a first‑time homebuyer. The refund will be proportionate to the interest acquired by the individuals who qualify for the refund.
Examples – Parent and Child
Where a parent who is not a first‑time homebuyer, and a child who is a first‑time homebuyer, purchase a home with equal 50/50 interests, the child may claim a refund of 50% of the land transfer tax refund. The child's claim cannot exceed 50% of the maximum allowable refund (i.e., 50% of $2,000 for conveyances or dispositions prior to Januar 1, 2017 or 50% of $4,000 for conveyances or dispositions on or after January 1, 2017).
In a situation where a parent is also on title to a child's property, such as at the insistence of a bank, it will be necessary to pay land transfer tax at the time of registration and apply for a refund from the Ministry of Finance.
If the parent did not acquire a beneficial interest in the property as a result of the conveyance:
Example ‑ Spouse
A qualifying purchaser may also claim a refund in proportion to his or her spouse's interest if that purchaser's spouse has owned a home before becoming the purchaser's spouse, but not while being that purchaser's spouse.
Your partner's eligibility for a refund depends on whether you are spouses as defined in section 29 of the Family Law Act. Please refer to the Definitions section for the meaning of spouse.
If you are not spouses, then your partner may claim a refund based on his interest acquired in the home. If you are spouses, your partner may claim a refund up to the maximum refund amount applicable to your transaction (you can claim the refund for your interest and your partner's interest), as long as you did not own a home while you were each other's spouse. If you did own the home while you were spouses of each other, then your partner does not qualify for a refund even if you did not live in the house together.
Please refer to the Refund amounts and limitations section for information about maximum refund amount.
To qualify for a refund:
Beginning January 1, 2017, eligibility for the first‑time homebuyers refund program is restricted to Canadian citizens and permanent residents of Canada.
As a transitional measure, purchasers who entered into agreements of purchase and sale on or before November 14, 2016, would remain eligible for the refund regardless of citizenship or residency status.
Purchasers who would otherwise be eligible for a refund, but who are not Canadian citizens or permanent residents of Canada when the transaction closes, have 18 months following registration to become eligible. Upon obtaining Canadian citizenship or permanent resident status, these purchasers may apply for the refund within the 18‑month period following registration of the conveyance or the date the unregistered disposition occurs.
A qualifying purchaser must apply for the refund within 18 months after the date of registration of the conveyance or the date the unregistered disposition occurs.
The application and any refund payment are subject to audit by the Ministry of Finance. Charges may be laid, and fines may result, where a person obtains or attempts to obtain a refund by deceit, falsehood or any fraudulent means.
In the electronic land registration system, the refund may be claimed by selecting the appropriate electronic statements located under the Explanation tab of the land transfer tax section. Statement 9028 or 9029 must be completed.
As well, the following statements must be completed:
9128 or (9129 and either 9130 or 9131) and
In addition, for agreements of purchase and sale entered in prior to December 14, 2007 where the home purchased must be a newly constructed home, the following statement must be completed:
Statements 9028, 9029, 9127, 9131, 9132 and 9133 require additional information to be entered. The wording of these electronic statements is as follows:
Fraction of parties who are qualifying home purchasers: ALL OR FRACTION (N/D) and the agreement of purchase and sale was entered into before December 14, 2007.
Fraction of parties who are qualifying home purchasers: ALL OR FRACTION (N/D) and the agreement of purchase and sale was entered into after December 13, 2007.
NAMES(S) is/are (a) first‑time home purchaser(s) as defined in the Land Transfer Tax Act and
None of the purchaser(s) is/are a "spouse" as defined in section 29 of the Family Law Act.
The purchaser(s) has/have (a) "spouse(s)" as defined in section 29 of the Family Law Act and
(a) the spouse(s) has/have never owned an eligible home
(b) The spouse(s) NAME(S) previously owned an eligible home at ADDRESS, but sold it on YYYY/MM/DD (Note: In order to qualify for a refund, any spouse must have sold any eligible home prior to becoming the spouse of the first‑time purchaser)
The purchaser(s) will occupy the qualifying home as his/her/their principal residence on YYYY/MM/DD (Note: must be within 9 months of the date of registration or disposition), and
Where the qualifying home is a "newly‑constructed home" in respect of which the purchasers are entitled to a warranty under the Ontario New Home Warranties Plan Act, the registration number for the builder of the newly constructed home is NUMBER.
NOTE: If the refund is claimed in the electronic land registration system, there is no requirement to subsequently submit a paper Ontario Land Transfer Tax Refund Affidavit for First – Time Purchasers of Eligible Homes to the ministry.
For paper registrations, qualifying taxpayers or their solicitors may claim an immediate refund at the time of registration by filing the Ontario Land Transfer Tax Refund Affidavit For First‑Time Purchasers of Eligible Homes along with their Transfer/Deed and Land Transfer Tax Affidavit at a Land Registry Office.
Where a qualifying taxpayer is unable to claim the refund at registration, the tax will be payable at that time and a refund claim may be made to the Ministry of Finance, at the address at the bottom of this page. The following documentation must be submitted for a refund claim to be processed:
"eligible home" means,
"newly constructed home" means a home in respect of which the purchaser is entitled to a warranty under section 13 of the Ontario New Home Warranties Plan Act (ONHWPA) and which is sold to the purchaser by a vendor as defined in ONHWPA.
“permanent resident of Canada” means a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);
"qualifying home" means,
"spouse" means spouse as defined in section 29 of the Family Law Act. At present, "spouse" means either of two persons who, (a) are married to each other, or (b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right, and in addition includes either of two persons who are not married to each other and have cohabited,