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All About Land Transfer Tax Refund
Land Transfer Tax Refund for First-time Homebuyers
Land Transfer Tax applies to all transfers of land in Ontario.
First-time homebuyers may be eligible for a refund of all or part of the tax.
* For agreements of purchase and sale entered into before December 14, 2007, the refund only applies on the purchase of a newly constructed home.
* For agreements of purchase and sale entered into after December 13, 2007, the refund applies to all homes, whether newly constructed or resale.
Applications for a refund must be made within 18 months after the date of the transfer.
On July 1, 2010, Ontario is introducing a federally administered Harmonized Sales Tax (HST) that will apply to most purchases and transactions.
The HST will apply to newly constructed homes, but will not apply to resale homes. Buyers of new homes will receive a rebate of up to $24,000 regardless of the price of the new home. Learn more
How much is the refund?
The maximum amount of the refund is $2,000. If the refund is claimed at time of registration, it may offset the land transfer tax ordinarily payable. If not claimed at registration, the refund may be claimed directly from the Ministry of Revenue. No interest is paid on this refund.
Who qualifies?
To claim a refund, you:
* must be at least 18 years of age;
* must occupy the home as your principal residence within 9 months of after the date of transfer; and
* cannot have owned a home, or an interest in a home, anywhere in the world.
In addition:
* your spouse cannot have owned a home, or an interest in a home, anywhere in the world while being your spouse; and
* in the case of a newly constructed home, you must be entitled to a Tarion New Home Warranty.
How do I apply?
Qualifying taxpayers may claim an immediate refund at time of registration in one of two ways:
* If registering electronically, by completing the required statements under the "explanation" tab of the electronic affidavit.
* If registering on paper, by filing an Ontario Land Transfer Tax Refund Affidavit For First-time Purchasers of Eligible Homes Download PDFFill-and-print form at the Land Registry Office.
Refunds claimed at the Ministry of Revenue
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 directly to the Ministry of Revenue. The following documentation must be submitted in order for a refund claim to be processed:
* A properly completed form – Ontario Land Transfer Tax Refund Affidavit For First-Time Purchasers of Eligible HomesDownload PDFFill-and-print form;
* A copy of the registered conveyance (transfer/deed). If not registered electronically, this should be a photocopy of the Land Registry Office's original which shows the tax paid;
* A copy of the docket summary will also be required if the conveyance was registered electronically;
* A copy of the agreement of purchase and sale, together with all schedules, amendments and assignments along with a copy of the statement of adjustments relating to the conveyance;
* Proof of occupancy, with the new address listed, such as copies of telephone/cable bills, credit card statements, driver's licence, newspaper/magazine subscriptions, etc., and
* For agreements of purchase and sale entered into before December 14, 2007, a copy of the Tarion New Home Warranty, which is also known as the Certificate of Completion and Possession.
Courtesy of Ontario Ministry of Revenue
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