Land Transfer Tax Act

Subsection 1(1)

Convey

Administrative Policy

LTT-3 "Transfers Involving Corporations"

Where, by virtue of a statutory amalgamation, the land or lands of two or more companies become vested in the company resulting from the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Value of the Consideration

Cases

OPTrust Amaranth 1 Inc. v. Ontario (Finance), 2016 ONSC 3648

The Appellants (collectively, "OPTrust") purchased five adjacent parcels of largely-vacant land pursuant to an agreement of purchase and sale (the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Toronto-Dominion Bank v. Minister of Revenue of Ontario, [1994] OJ No. 897

A wholly-owned subsidiary ("Realty") of the Toronto-Dominion Bank (the "Bank") was dissolved and in connection with that dissolution, Realty...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Resolving Ambiguity 85

Re 472601 Ontario Ltd. and Minister of Revenue (1987), 59 OR (2d) 25 (HCJ)

The appellant entered into an agreement to purchase real property for a stipulated purchase price of approximately $7.0 million, with the purchase...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Re Assaly and Minister of Revenue (1986), 56 OR (2d) 30 (HCJ)

A corporation owned by the appellant entered into an agreement with him in 1981 to sell vacant land to him for a purchase price of $185,000 with...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Words and Phrases
relating to arrangement

Administrative Policy

Determining the Value of the Consideration for Transfers of New Homes

Construction of new home is part of the arrangement if the conveyance is dependent on the construction contract

Construction as Part of an...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Bulletin LTT 10-2000 "Transactions for Nominal Consideration" November 2000

Partitioning of a Co-tenancy

Where a partitioning of land takes place and each or any of the "co-tenants" receives land equal in value to their...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

A Guide for Real Estate Practitioners - Land Transfer Tax and the Registration of Conveyances of Land in Ontario 18 February 2021

Undertaking required where there may be additional consideration or the value of consideration depends on valuation

2 UNDERTAKINGS

The Land...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Bulletin LTT 1-2001 Guide to the Application of the Land Transfer Tax Act to Certain Transactions June 2001

Value of consideration for option grant excludes exercise price

The definition of "convey" also includes the "giving of an option upon or with...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 1(6)

Administrative Policy

Bulletin LTT 6-2000 Leases and the Land Transfer Tax Act June 2000

Documentary requirements/no options

Although leases that cannot exceed 50 years are not subject to tax, an Affidavit of Residence and Value of the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 2(1)

Commentary

The chart below provides a general comparison of the Ontario land transfer tax regime with that of the other nine...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Administrative Policy

Ontario Ministry of Finance Calculating Land Transfer Tax

Rate schedule

If an agreement of purchase and sale is entered into after November 14, 2016, and registration or the disposition occurs on or after...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

MLTT Rates and Calculation

Effective March 1, 2017, the following MLTT rates and rebate will apply:

The MLTT is charged on a graduated basis depending on the value of...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Ontario Press Release dated 20 April 2017 “Making Housing More Affordable

This Press Release discusses the NRST proposal summarized immediately below as well as describing expanded residential rent control measures, and...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Ontario Ministry of Finance “Non-Resident Speculation Tax” 20 April 2017

The principal announced features of the "NRST" are:

  • It is a 15% tax that applies effective April 21, 2017 to the value of consideration for the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Bulletin LTT 10-2000 "Transactions for Nominal Consideration" November 2000

Partitioning of a Co-tenancy

Where a partitioning of land takes place and each or any of the "co-tenants" receives land equal in value to their...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

A Guide for Real Estate Practitioners - Land Transfer Tax and the Registration of Conveyances of Land in Ontario 18 February 2021

No LTT on mere partition of co-ownership

Dissolution of co‑tenancy or partnership

Where a transfer is tendered that is described as a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Forms

Related Provisions

City of Toronto By-Law 1423-2007

§ 760-9. Amount. Every person who tenders for registration a conveyance by which any land is conveyed to or in...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 2(6)

Administrative Policy

Bulletin LTT 6-2000 "Leases and the Land Transfer Tax Act" June 2000

Regulation 700, RRO 1990 provides ...[that] in the case of a surrender or notice of surrender of the rights of a lessee under a lease or a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 2(8)

Cases

Omers Realty Corporation v. Ontario (Finance), 2012 ONCA 400

In affirming the finding below that the Ontario Municipal Employees Retirement System (“OMERS”) Board and two of its subsidiaries, which...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Words and Phrases
Crown agency

Section 3

Subsection 3(1)

Cases

Upper Valley Dodge Chrysler Ltd. v. Minister of Finance (2003), 67 OR (3d) 196 (Sup Ct J), aff'd (2005), 73 OR (3d) 146 (Sup Ct J Div Ct)

The transfer of land by an individual to a corporation which had been using the land in its car dealership business was an exempt transaction...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Administrative Policy

Bulletin LTT 10-2000 Transactions for Nominal Consideration November 2000

Partitioning of a Co-tenancy

Where a partitioning of land takes place and each or any of the "co-tenants" receives land equal in value to their...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Bulletin LTT 3-2000 “Transfers Involving Corporations” April 2000

Currently the only forms of security acceptable to the Minister are (a) payment of the tax or (b) letter of credit, for the amount of the tax...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Forms

Finance

Ontario Ministry of Finance Proposal 17-MOF010, posted 14 July 2017 “Facilitating the Payment and Administration of the Land Transfer Tax under...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Clause 3(1)(f)

Clause 3(1)(g)

Subsection 3(5)

Subsection 3(9)

Clause 3(9)(b)

Clause 3(9)(c)

Subsection 3(11)

Clause 3(11)(a)

Cases

2143569 Ontario Inc. v. Minister of Revenue, 2014 ONSC 4628

A corporation holding both legal and beneficial ownership of an Ontario property ("Your Host") transferred registered title pursuant to a trust...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 3(15)

Cases

Dam Investments Inc. v. Ontario (Finance), 2007 ONCA 527

David Mady was the sole shareholder of Dam Investments Inc. (DAM); his father, Charles Mady was the majority shareholder of Mady Family Holdings...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Regulation 70/91 [s. 3 exemptions]

Administrative Policy

Ontario Ministry of Finance "Land Transfer Tax 'De Minimis' Partnership Exemption: Clarifying Amendments for Certain Dispositions" February 2016

This publication explains the amendments that have been made to Ontario Regulation 70/91 (Regulation) through the filing of O.Reg 35/16....

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.