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...
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...
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...
| 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...
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...
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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Ontario - Land Transfer Tax Act - Subsection 2(1) | 223 |
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Ontario - Land Transfer Tax Act - Subsection 2(1) | 161 |
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...
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...
Subsection 2(1)
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...
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...
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...
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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Ontario - Land Transfer Tax Act - Subsection 1(1) - Value of the Consideration | 142 |
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Other Legislation/Constitution - Ontario - Land Transfer Tax Act - Subsection 1(1) - Value of the Consideration | 541 |
Forms
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...
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...
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Individual | 47 |
Administrative Policy
Land Transfer Tax and the Treatment of Unregistered Dispositions of a Beneficial Interest in Land 6 April 2022
A similar situation results without the assistance of subsection 3(12) in the case of corporations which amalgamate through statutory...
Land Transfer Tax and the Treatment of Unregistered Dispositions of a Beneficial Interest in Land 6 April 2022
S. 3 tax not triggered until consideration paid
Completion of a transaction occurs when the value of the consideration called for in the agreement...
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...
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...
Forms
Finance
Ontario Ministry of Finance Proposal 17-MOF010, posted 14 July 2017 “Facilitating the Payment and Administration of the Land Transfer Tax under...
Clause 3(1)(f)
Administrative Policy
Land Transfer Tax and the Treatment of Unregistered Dispositions of a Beneficial Interest in Land 6 April 2022
Option in lease
Although leases with a term of less than 50 years are not subject to tax, the granting of an option, contained in such a lease,...
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...
| Other locations for this summary | |
|---|---|
| cash assignment of purchase agreement |
Subsection 3(5)
Clause 3(5)(a)
Administrative Policy
Land Transfer Tax and the Treatment of Unregistered Dispositions of a Beneficial Interest in Land 6 April 2022
Registration within 30 days generally voids s. 3 tax
The Act provides at clause 3(5)(a) that, if there is a disposition of a beneficial interest...
Subsection 3(9)
Clause 3(9)(b)
Administrative Policy
Land Transfer Tax and the Treatment of Unregistered Dispositions of a Beneficial Interest in Land 6 April 2022
All tax deferred is required to be secured notwithstanding that there may be several successive deferrals within the same corporate circle.
In the...
Clause 3(9)(c)
Administrative Policy
Land Transfer Tax and the Treatment of Unregistered Dispositions of a Beneficial Interest in Land 6 April 2022
Clause (c) involves cases in which the beneficial interest in the land leaves the corporate circle of affiliated corporations and is acquired by...
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...
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...
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...
Regulation 70/91 [s. 3 exemptions]
Administrative Policy
Land Transfer Tax and the Treatment of Unregistered Dispositions of a Beneficial Interest in Land 6 April 2022
5% exemption applied based on accounting profit percentage
Partner's Interest
For purposes of O. Reg. 70/91 the determination of the interest of a...
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....
Commentary
The chart below provides a general comparison of the Ontario land transfer tax regime with that of the other nine...