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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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Subsection 2(1)

Commentary

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

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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...

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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...

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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...

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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...

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

Testacy and Intestacy:

When a conveyance of land is registered from the personal representative of a deceased person to a transferee who is...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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Forms

Finance

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

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Clause 3(1)(f)

Clause 3(1)(g)

Administrative Policy

Land Transfer Tax and the Treatment of Unregistered Dispositions of a Beneficial Interest in Land 6 April 2022

A and B execute an agreement in which A agrees to sell and B agrees to buy an interest in land. Completion is scheduled for 60 days following the...

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Subsection 3(5)

Subsection 3(9)

Clause 3(9)(b)

Clause 3(9)(c)

Administrative Policy

Forms

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...

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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...

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Section 12

Subsection 12(10)

Administrative Policy

Objections and appeals — Frequently asked questions, forms and publications

Tax payable even if objected to

Do I have to pay the amount assessed that is in dispute while the objection is under review?

Yes, payment is...

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Regulation 70/91 [s. 3 exemptions]

Administrative Policy

Ontario Ministry of Finance, Land Transfer Tax 'De Minimis' Partnership Exemption: Clarifying Amendments for Certain Dispositions 6 April 2022

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

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