Effective April 24, 2017, persons who purchase or acquire at least one and not more than six single family residences, and persons who purchase or acquire agricultural land, are required to provide additional information. Learn more: Prescribed Information for the Purposes of Section 5.0.1 Form.
This page is intended as a guide only and is not a substitute for the provisions of the Land Transfer Tax Act and regulations.
Documents required under the Act can be submitted by email, fax or mail, as per the contact information noted below.
If this page does not completely address your situation, refer to the Act and related regulations, visit our website at ontario.ca/finance or contact us by:
This page has been prepared as a resource for legal and real estate professionals involved in the conveyancing of land in Ontario. It is assumed that users of this handbook have a working knowledge of conveyancing and electronic registration.
It is hoped that this resource will result in the proper completion of the Land Transfer Tax Affidavit (Affidavit), fewer delays, and a more efficient registration of conveyances.
For the proper completion of the Affidavit, this guide sets out acceptable statements and addresses issues and common problems.
In light of the ongoing implementation of remote electronic registration (E‑Reg), issues and processes that relate specifically to E‑Reg have been included in this guide. The affidavit examples in this guide are as they appear in Teraview version 5.1.
Issues and questions that relate to unregistered dispositions of beneficial interests in land under Section 3 of the Land Transfer Tax Act (Act) are not addressed in this page. For information about unregistered dispositions of land in Ontario, please refer to Guidenote 1 or call the Land and Resource Taxes section of the Ontario Ministry of Finance (MOF) in Oshawa.
This page contains general information and is provided for convenience and guidance. It is not a substitute for the provisions of the Act or regulations. Should there be a discrepancy between this document, the Act and its regulations, the provisions of the Act and regulations apply.
For further information about the Land Transfer Tax Act or this guide, please call the following numbers or write to the address noted below:
Ministry of Finance Land Taxes Section 33 King Street West, 3rd Floor Oshawa ON L1H 8H9
In order to claim the exemption provided by section 3 of Regulation 697, R.R.O.1990 and to have deeds endorsed prior to registration, the taxpayer must provide the Ministry of Finance (MOF) with an "Initial Family Business Affidavit" and undertaking. The undertaking includes an obligation to provide the MOF with an additional affidavit within nine months following the fiscal year end of the corporation after the date of registration or disposition as well as relevant financial statements to verify that all conditions of the exemption have been met. The "Initial Family Business Affidavit" is available on the MOF website identified as Form LT 100 and the follow‑up affidavit is identified as Form LT 101. The required undertaking forms part of the Initial Affidavit.
Where the value of the consideration for a conveyance includes amounts paid for the acquisition of a combination of surface rights and mineral rights, Regulation 703, R.R.O.1990 exempts from tax any consideration attributable to the acquisition of mineral rights. The deeds must be reviewed by the MOF in order to ensure that a reasonable allocation has been made towards the consideration declared for the mineral rights and the surface rights. Tax will be collected and the deeds endorsed by the MOF based on the taxable consideration determined by the taxpayer pursuant to the provisions of the regulation. The taxpayer or their representative should be prepared to sign an undertaking to pay any additional tax and interest should the Ministry determine that the taxable value of the consideration for the surface rights has been under‑stated.
Where a taxpayer has paid tax on registration of his acquisition of a leasehold interest and subsequently acquires the freehold interest in the same lands, he may apply to the MOF to reduce the taxable value of the consideration on the acquisition of the freehold by the amount of consideration on which tax was paid to acquire the leasehold. Tax will be collected, and the deeds endorsed by MOF, based on the taxable consideration determined under the provisions of subsection 1(3) of the Act.
Where a taxpayer has purchased land to replace lands that were taken by expropriation or the threat of expropriation, application may be made to the MOF to reduce the value of the consideration on the acquisition of replacement lands by the amount paid by the expropriating authority for the expropriated lands. Tax will be collected and the deeds endorsed by the MOF based on the reduced value of the consideration. If tax has been paid on the full purchase price at the Land Registry Office, application may be made to the MOF for a refund. Land Taken Under Statutory Authority, sets out further information regarding this subject.
In order to claim an exemption or reduction of the taxable value of consideration, the draft of the electronic document, along with supporting documentation must be submitted to the Ministry of Finance for pre‑approval and endorsement.
One of the following statements may be selected after Ministry of Finance approval has been received:
Statement 9089 ‑ 'Tax has been paid directly to the Ministry of Finance and documents endorsed accordingly as confirmed by receipt no. NUMBER (evidence needs to be submitted)'
Statement 9090 ‑ 'Ministry of Finance has endorsed documents as follows: "No Land Transfer Tax Payable" (evidence needs to be submitted)'
The draft document bearing Ministry of Finance endorsement is the evidence which needs to be provided to the Land Registry Office before certification of title.
Only certain transfers of easements and rights of way are eligible for this exemption. The Affidavit must be completed to confirm that a transfer of easement or right of way to an oil or gas pipeline company is being registered.
Statement 9071 ‑ 'This conveyance qualifies for an exemption from tax under Regulation 695 RRO 1990 for certain transfers of easements to an oil or gas pipeline company'
This exemption claim must be supported with the Form 3 Family Farm Affidavit together with the statement on the Affidavit confirming that the exemption under the regulation is being claimed.
Statement 9123 must be selected, and one of statements 9078, 9079 and 9080.
Statement 9123 – 'I/We have read and considered Regulation 697, R.R.O. 1990, including the definitions of “family farm corporation”, “farming”, “farming assets” and “members of the family” as defined by the Regulation. Each transferor or [if applicable] each shareholder of the transferor corporation, and each transferee or [if applicable] each shareholder of the transferee corporation are members of the same family, and where the transferor[s] is/are the personal representative[s] of the estate of a deceased individual, the deceased individual was also one of the members of the family immediately prior to his/her death. Prior to the conveyance, the lands were used predominantly in farming carried on by NAME[S] during the period[s] of TEXT.'
And one of the following statements:
Statement 9078 ‑ 'The land is being conveyed for the principal purpose of enabling one or more individuals, each of whom is a member of the family of each transferor or [if the transferor is a family farm corporation] of each shareholder of the transferor, to continue farming on the land.'
Statement 9079 ‑'The conveyance is from the personal representative[s] of the estate of a deceased individual to one or more individuals for the principal purpose of enabling that individual or individuals [each of whom was a member of the family of the deceased individual immediately prior to the deceased individual’s death] to continue farming on the land, and the conveyance qualifies for the exemption under subsection 2.1[1.1] of Regulation 697, R.R.O.1990 or clause 3[1][c] of Ontario Regulation 70/91.'
Statement 9080 ‑ 'the land is being conveyed for the principal purpose of enabling the transferee corporation to continue farming on the land being conveyed under the direction of NAME[S], each of whom is a member of the family of each transferor.'
Any conveyance involving the transfer of mineral rights only may be presented for registration without MOF pre‑approval as the transfer of mineral rights do not attract tax. Anyone claiming this exemption should make sure that no surface rights of any kind are included in the transfer. The Affidavit or electronic statements should be completed as set out in examples 1‑1 and 1‑2. It should be noted that oil and gas leases are considered to be transfers of mineral rights only.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ 100,000.00 (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange. $ NIL (d) Other consideration subject to tax. $ NIL (e) Fair market value of the lands. $ NIL (f) Value of land, building, fixtures. (total of (a) to (e)) $ 100,000.00 $ 100,000.00 (g) Value of all chattels. $ NIL (h) Other consideration . $ NIL (i) Total consideration. $ 100,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? __Yes __No
5. Other remarks and explanations, if necessary. The attached conveyance is of mineral rights & the consideration for the conveyance is wholly dependent upon the quantity or value of minerals that are won, taken, etc. & no tax is payable as per Reg. 703, R.R.O. 1990.
Statement 9075 ‑ 'This conveyance is of mineral rights only or is the transfer of a surface rights option and is therefore not subject to tax pursuant to Regulation 703 RRO 1990.'
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 100,000.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 100,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 100,000.00
6. Other remarks and explanations, if necessary.
1. This conveyance is of mineral rights only or is the transfer of surface rights option and is therefore not subject to tax pursuant to Regulation 703 RRO 1990.
A schedule must be attached to the document setting out that the matter is pursuant to a disposition which has occurred as a result of a transfer order under the Electricity Act, 1998.
Any transfer where the transferor has acquired its interest by way of an unregistered disposition pursuant to the Electricity Act, 1998 should have attached to it a schedule which sets out the following:
(XYZ Inc. for example) is a person referred to in section 124 of the Electricity Act, 1998 and is a person from which no consent was required in respect of the Transfer Order pursuant to subsection 116(5) of the Electricity Act, 1998.
The interest in the lands described in the attached schedule was transferred to the Transferor from Ontario Hydro by or pursuant to a Transfer Order made under the Electricity Act, 1998.
The foregoing statements are statements made pursuant to section 124 of the Electricity Act, 1998.
Not available electronically.
Under Ontario Regulation 676/98, no tax is payable with respect to a conveyance of land or a disposition of a beneficial interest in land to a hospital approved as a public hospital under the Public Hospitals Act or a hospital established or approved as a community psychiatric hospital under the Community Psychiatric Hospitals Act,
The Affidavit or electronic statements should be completed as set out in examples 1‑3 and 1‑4.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ 1,000,000.00 (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 1,000,000.00 $ 1,000,000.00 (g) Value of all chattels . $ NIL (h) Other considerations . $ NIL (i) Total consideration $ 1,000,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? __Yes __No
5. Other remarks and explanations, if necessary. The transfer is to a hospital under the Public Hospitals Act (or the Community Psychiatric Hospitals Act) from another hospital and is the result of an amalgamation of hospitals (or closure of hospital programs or transfer of a hospital pro‑gram) to the transferee hospital.
Electronic Registration: Exemptions Tab: Statement 9099 ‑ 'This conveyance is exempt from tax pursuant to REGULATION 676/98 as the transferee is a hospital approved as public hospital under the Public Hospital Act or a hospital established or approved as a community psychiatric hospital under the Community Psychiatric Hospitals Act and the conveyance is from another hospital and the conveyance is taking place in the course of or as a result of an amalgamation of hospitals, the closure of hospital programs or the transfer of a hospital program to the transferee hospital.' Example 1‑4: 3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 1,000,000.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 1,000,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 1,000,000.00
6. Other remarks and explanations, if necessary.
1. This conveyance is exempt from tax pursuant to REGULATION 676/98 as the transferee is a hospital approved as a public hospital under the Public Hospital Act or a hospital established or approved as a community psychiatric hospital under the Community Psychiatric Hospitals Act and the conveyance is from another hospital and the conveyance is taking place in the course of or as a result of an amalgamation of hospitals, the closure of hospital programs or the transfer of a hospital program to the transferee hospital.
The regulation allows for the registration of certain transfers between spouses or former spouses without the payment of tax. By definition, spouse means spouse as defined in section 29 of the Family Law Act. The Affidavit must set out that the parties are spouses as described in section 29 of the Family Law Act. It is insufficient to merely say the parties are common law spouses.
At present, "spouse" means either of two persons who are married to each other, or who are not married to each other and who have cohabited,
Transfers between spouses or former spouses are taxable unless certain conditions are met as set out in Regulation 696, R.R.O. 1990. The Land Transfer Tax Act sets out further information on this subject.
For example, where a 50% interest is being transferred electronically between parties who are spouses or former spouses and the only consideration is the assumption of a $200,000.00 mortgage, 50% of the balance owing on the mortgage must be declared in 1(b) on the consideration tab and the exemption would then be claimed as set out in example 1‑5.
1(b)(i) = 50% of the balance owing on the mortgage
Statement 9085 ‑ 'This conveyance qualifies for an exemption from tax pursuant to R.R.O. 1990, Regulation 696 as the transferor is the spouse or former spouse of the transferee, and:'
Statement 9086 ‑ 'The only consideration passing is the assumption of any encumbrance registered against the lands.'
If Statement 9086 is selected, any statements made on the Nominal Tab will result in an error message.
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 100,000.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 100,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 100,000.00
6. Other remarks and explanations, if necessary.
1. This conveyance is exempt from tax pursuant to Regulation 696, RRO 1990, as the transferee is the spouse or former spouse of the transferor and:
2. The only consideration passing is the assumption of any encumbrance against the lands.
If the Affidavit or electronic statements indicate cash or other forms of consideration, the transfer must be pursuant to a written separation agreement or order of a court to be exempt from tax. The Affidavit or electronic statements should be completed as set out in examples 1‑6 and 1‑7.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ 50,000.00 (b) Mortgages (i) Assumed . $ 100,000.00 (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 150,000.00 $ 150,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 150,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No 5. Other remarks and explanations, if necessary. The parties are spouses as defined under section 29 of the Family Law Act and as per Reg 696, R.R.O. 1990 no tax is payable as the transfer is pursuant to a written separation agreement, etc..
Statement 9085 ‑ "This conveyance qualifies for an exemption from tax pursuant to R.R.O. 1990, Regulaton 696 as the transferor is the spouse or former spouse of the transferee and:'
Statement 9087 ‑ 'The conveyance is in compliance with the terms of a written agreement pursuant to which the parties have agreed to live separate and apart.'
Statement 9088 ‑ 'The conveyance is in compliance with the direction of an order or judgement made by a court of competent jurisdiction.'
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 50,000.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 100,000.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 150,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 150,000.00
6. Other remarks and explanations, if necessary.
1. This conveyance is exempt from tax pursuant to Regulation 696. R.R.O. 1990. as the transferor is the spouse or former spouse of the transferee and: 2. The conveyance is in compliance with the terms of a written agreement pursuant to which the parties have agreed to live separate and apart.
An undertaking is an agreement whereby the taxpayer or their representative agrees to provide further documentation and information to the MOF to ensure that the correct value of the consideration was declared and that the correct amount of tax is or has been paid for any conveyance.
The undertaking includes a further agreement to pay any additional land transfer tax and accrued interest which may be payable to the MOF. Interest continues to accrue on any tax exigible.
The undertaking also provides that an amended Affidavit will be provided where the value of the consideration has been determined to be different than that declared at registration.
Undertakings will be accepted from either the transferee or their representative.
An Undertaking must be provided to the Land Registry Office by either the transferee or the transferee's representative in the following situations:
Examples of situations where fair market value applies:
The Ministry of Finance requires that an undertaking, where appropriate, will be provided to the Land Registrar before certification of title.
An Undertaking must be provided to the MOF by either the transferee or the transferee's representative when deeds are presented for endorsement in the following situations:
Trust conveyances, where there has been no change in beneficial ownership, are not subject to land transfer tax when presented for registration. However they must be accompanied by a supplementary affidavit which conforms to our guide found in Conveyances Involving Trusts. In a situation where there is a change in beneficial interest without the registration of a transfer, the matter must be dealt with through the Ministry of Finance.
Situations where a supplementary affidavit may be presented to Land Registry Office without MOF endorsement:
Although the property may be subject to a mortgage, the liability for the mortgage is not part of the value of consideration as no liability is being assumed.
Statement 9049 ‑ 'Explanation for nominal considerations:'
Statement 9051 ‑ 'b) trustee to trustee (evidence required to be submitted)'
Statement 9052 ‑ 'c) beneficial owner to trustee (evidence required to be submitted)'
Statement 9053 ‑ 'd) trustee to beneficial owner (evidence required to be submitted)'
"Evidence" is a supplementary affidavit conforming to our "Guide to the Requirements to Evidence NIL Value of Consideration for Conveyances Involving Trusts" set out in Conveyances Involving Trusts.
The issue of trusts gets somewhat complicated when dealing with "family trusts". The MOF does not consider a "trust" to be an entity and looks through the trust to the beneficiaries.
In the case of a transfer, for example, from a parent to a "family trust", where the beneficiaries are the children, the tax liability is the same as any other transfer in that if the lands are subject to a mortgage, the beneficiaries are considered to be assuming a liability and tax is payable accordingly.
If the transfer is from a parent to a trustee of the "family trust," where they are claiming that the beneficiaries are to acquire their beneficial interest sometime in the future, a supplementary affidavit, "Beneficial owner to trustee", must be submitted along with the deeds as there is no change in beneficial ownership. In the future, whenever a beneficiary acquires its beneficial interest by way of an unregistered transfer, a Return under section 3 of the Act must be filed with the MOF.
Electronic registration:
Where no consideration is paid and there are no mortgages on title.
Statement 9048 ‑ 'The land is not subject to an encumbrance'
AND
Statement 9049 ‑ 'Explanation for nominal considerations:'
AND
Statement 9058 ‑ 'i) gift'
If the transferee on a conveyance is a shareholder of the transferor, the affidavit should be completed to confirm that the value of consideration is equal to the current fair market value of the land. Since there is no exemption for these transfers, tax is payable accordingly.
The document may be accepted for registration and tax collected based on the declared value of the consideration with an undertaking given to the Land Registrar.
The Affidavit or electronic statements should be completed as set out in examples 4‑1 and 4‑2.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ 100,000.00 (f) Value of land, building, fixtures . (total of (a) to (e)) $ 100,000.00 $ 100,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 100,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. The transferee is a shareholder of the transferor.
1(d) = current fair market value of land
Statement 9022 ‑ 'b) Consideration (d) ‑ Fair Market Value of land for the following reason:'
Statement 9012 ‑ 'b) This is a disposition by a corporation to a shareholder'
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 100,000.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 100,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 100,000.00
6. Other remarks and explanations, if necessary.
1. b) Consideration (d) ‑ Fair Market Value of the land for the following reason:
2. b) This is a disposition by a corporation to a shareholder.
Any transfer of land to a corporation where any part of the consideration consists of the allotment and issuance of the corporation's shares, the value of the consideration is deemed to be equal to the current fair market value of the land.
If the transaction is pursuant to an income tax rollover, shares must be issued in return for the transfer. The value of the consideration is, therefore, deemed to be equal to the current fair market value of the land(s) and tax is payable accordingly.
The Affidavit or electronic statements should be completed as set out in examples 4‑3 and 4‑4.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ 100,000.00 (f) Value of land, building, fixtures . (total of (a) to (e)) $ 100,000.00 $ 100,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 100,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No 5. Other remarks and explanations, if necessary. Part of the consideration consists of the allotment and issuance of shares of the transferee in return for the transfer.
Electronic registration:
1(d) = current fair market value of land
AND
Statement 9022 ‑ 'b) Consideration (d) ‑ Fair Market Value of land for the following reason:'
AND
Statement 9011 ‑ 'a) Part of the consideration includes the allotment and issuance of shares'
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 100,000.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 100,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 100,000.00
6. Other remarks and explanations, if necessary.
1. b) Consideration (d) ‑ Fair Market Value of the land for the following reason: 2. a) Part of the consideration includes the allotment and issuance of shares
If shares do not form part of the consideration and if the transferee is not a shareholder of the transferor, the actual consideration must be set out.
Where the land is given as a contribution of capital, tax is payable on any consideration. If consideration is declared to be nil, the lands must appear on the financial records of the transferee corporation at nil cost.
If actual consideration is declared to be nil, an explanation is required on the affidavit which must confirm that
The Affidavit or electronic statements should be completed as set out in examples 4‑5 and 4‑6.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ NIL $ NIL (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ NIL 4. If the consideration is nominal, is the land subject to any encumbrance? Yes No 5. Other remarks and explanations, if necessary. The transferee is not issuing shares, assuming a mortgage or paying any consideration directly or indirectly in return for the transfer and is not a shareholder of the transferor.
Statement 9049 ‑ 'Explanation for nominal considerations:'
Statement 9064 ‑ 's) other: TEXT' (TEXT‑ 'The transferee is not issuing shares, assuming a mortgage or paying any consideration directly or indirectly in return for the transfer and is not a shareholder of the transferor.')
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 0.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 0.00 4. Explanation for nominal considerations: (s) other: The transferee is not issuing shares or assuming a mortgage in return for the transfer and is not a shareholder of the transferor.
Non‑share capital corporations are most commonly charitable or religious organizations. As there is no exemption for a conveyance to a non‑share capital corporation, the actual value of consideration must be declared, including the balance owing on any mortgages or other liabilities assumed as part of the arrangement relating to the conveyance and/or the value of any benefit conferred directly or indirectly on the transferor by the transferee.
In many cases the charity may issue a tax receipt in return for a transfer of property. Although this would appear to be a benefit conferred by the transferee, it is the MOF's view that the benefit is actually being conferred by Canada Revenue Agency or any other taxing authority and the amount of the tax receipt would not be included in the value of the consideration.
Although leases that cannot exceed 50 years are not subject to tax, an Affidavit is required for registration. The value of the consideration is nominal in these cases.
The Affidavit or electronic statements should be completed as set out in examples 5‑1 and 5‑2.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ NIL $ NIL (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ NIL
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. Lease (surrender, termination or extension) which cannot exceed 50 years, including any renewals or extensions of the term provided for in the lease or in a separate option to lease or other document entered into as part of the arrangement relating to the lease.
Electronic registration:
Statement 9049 ‑ 'Explanation for nominal considerations:'
AND
Statement 9064 ‑ 's) other: TEXT' (TEXT ‑ "Lease, the term of which, including any renewals, cannot exceed 50 years and does not contain an option to purchase or assignment of option."
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 0.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 0.00
4. Explanation for nominal considerations: (s) other: Lease, the term of which, including any renewals cannot exceed 50 years and does not contain an option to purchase or assignment of option.
If the lease contains an option to purchase, the conveyance of the option is subject to tax. The Affidavit must make reference to it and set out any consideration given for the granting of the option but not the option exercise price. The Affidavit or electronic statements should be completed as set out in examples 5‑3 and 5‑4.
Example 5‑3: 2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ 10,000.00 (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 10,000.00 $ 10,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 10,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. Lease (surrender, termination or extension) which cannot exceed 50 years with option to purchase. Tax paid on the consideration given for granting of option.
1(f) = Amount paid for option
Statement 9023 ‑ ' c) Consideration (f) ‑ Other valuable consideration subject to land transfer tax: DESCRIPTION OF THE CONSIDERATION' (TEXT‑''Amount shown represents value of consideration for granting of option.')
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 10,000.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 10,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 10,000.00
6. Other remarks and explanations, if necessary.
1. c) Consideration (f) ‑ Other valuable consideration subject to land transfer tax: Amount shown represents value of consideration for granting of option.
The value of the consideration in a lease, which has a remaining term in excess of 50 years is deemed to be equal to the Fair Market Value of the lands and the Affidavit must read as follows: "Lease in excess of 50 years."
Any lease which is of indeterminate length, is deemed by the MOF to be for a term which can exceed 50 years.
1(d) = fair market value
Statement 9022 ‑ 'b) Consideration (d) ‑ Fair Market Value of land for the following reason:'
Statement 9013 ‑ 'c) This is a lease that can exceed 50 years'
Regulation 700, R.R.O. 1990 provides for an adjustment of the consideration in certain situations involving leases. The following documents may be registered without MOF pre‑approval: (the registrant may make statements under Regulation 700, R.R.O. 1990)
If an instrument is tendered for registration which is for an extension or surrender of a lease and there is confirmation that there is no consideration being paid for the extension or surrender, the Affidavit should confirm that no consideration was paid. The Affidavit or electronic statements should be completed as set out in examples 5‑5 and 5‑6.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ 10,000.00 (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 10,000.00 $ 10,000.00 (g) Value of all chattels . $ NIL (h) Other considerations . $ NIL (i) Total consideration $ 10,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. As per Regulation 700/R.R.O. 1990, the value of the consideration has been reduced to the actual consideration paid for the surrender (or extension) of the lease, the unexpired term of which can exceed 50 years.
Notice of Lease document
Statement 9073 ‑ 'The consideration shown has been determined pursuant to the provisions of Regulation 700 RRO 1990 which allows for a reduction in the taxable consideration with respect to the acquisition so certain reversionary rights or the extensions or surrenders of leases where the term of the lease can exceed 50 years.'
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 10,000.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 10,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 10,000.00
6. Other remarks and explanations, if necessary.
1. The consideration shown has been determined pursuant to the provisions of Regulation 700 RRO 1990 which allows for a reduction in the taxable consideration with respect to the acquisition so certain reversionary rights or the extensions or surrenders of leases where the term of the lease can exceed 50 years.
In the case of a final order of foreclosure or conveyance to a mortgagee in lieu of a foreclosure, the value of the consideration is the lesser of:
Clause (a), referred to in (i) above, states: (a) the gross sale price or the amount expressed in money of any consideration given or to be given for the conveyance by or on behalf of the transferee and the value expressed in money of any liability assumed or undertaken by or on behalf of the transferee as part of the arrangement relating to the conveyance and the value expressed in money of any benefit of whatsoever kind conferred directly or indirectly by the transferee on any person as part of the arrangement relating to the conveyance.
The following is an example of a conveyance in lieu of foreclosure where the taxpayer has chosen to pay tax based on the current fair market value of the lands which is less than the amounts owing on the mortgages, etc. Assuming the current fair market value is $100,000.00, the Affidavit or electronic statements should be completed as set out in examples 6‑1 and 6‑2.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 100,000.00 $ 100,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 100,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. A conveyance in lieu of foreclosure where the fair market value of the lands is less than the amounts owing on the mortgages and other related costs which equal $.
Electronic Registration:
1(d) = current fair market value of property
AND
Statement 9022 ‑ 'b) Consideration (d) ‑ Fair Market Value of lands for the following reason:
AND
Statement 9014 ‑ 'd) This is a final order of foreclosure.'
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 100,000.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 100,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 100,000.00
6. Other remarks and explanations, if necessary.
1. b) Consideration (d) ‑ Fair Market Value of land for the following reason: 2. d) This is a final order of foreclosure.
Land exchanges are subject to Land Transfer Tax and the total value of the consideration is based on the values of the lands involved in the exchanges.
A brief description of the lands exchanged must be included in the affidavit.
Where the properties are of equal value, the Affidavit in both conveyances will be completed similarly in that each affidavit should set out the same value for "property transferred in exchange. " .
The Affidavit or electronic statements should be completed as set out in examples 7‑1 and 7‑2.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ 100,000.00 (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 100,000.00 $ 100,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 100,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. $100,000.00 property transferred in exchange represents the value of Lot 7 Plan 9, Town of Gwillimbury.
Electronic Registration:
1(c) = value of the land exchanged
AND
Statement 9021 ‑ 'a) Consideration (c) ‑ Property transferred in exchange: DESCRIPTION OF THE PROPERTY TRANSFERRED IN EXCHANGE'
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 100,000.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 100,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 100,000.00
6. Other remarks and explanations, if necessary.
1. a) Consideration (c) ‑ Property transferred in exchange: $100,000.00 property transferred in exchange represents the value of Lot 7 Plan 9, Town of Gwillimbury.
If there is a disparity in the values, cash or mortgage assumption may be a part of the arrangement to make up the difference and these items must, therefore be included in the Affidavit. A brief description of the lands exchanged must also be included in the Affidavit.
The taxable value of the consideration will include the value expressed in money of the land given in exchange, the value expressed in money of all liabilities assumed and the value expressed in money of all benefits conferred.
Assume that an exchange is taking place where party A is acquiring Lot 6, Plan 9 worth $150,000.00, is paying cash and transferring Lot 7, Plan 9 in the Twp of Gwillimbury worth $100,000.00. Party A would complete the affidavit as set out in example 7‑3.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ 50,000.00 (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ 100,000.00 (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 150,000.00 $ 150,000.00 (h) Value of all chattels . $ NIL (i) Other consideration . $ NIL (j) Total consideration $ 150,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. $100,000.00 property transferred in exchange represents the value of Lot 7 Plan 9, Town of Gwillimbury.
Party B, receiving Lot 7, Plan 9 worth $100,000.00, would complete the affidavit as set out in example 7‑4.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ 100,000.00 (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 100,000.00 $ 100,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 100,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. $100,000.00 property transferred in exchange represents the value of Lot 6 Plan 9, Town of Gwillimbury.
1(c) = value of the land exchanged
Statement 9021 ‑ 'a) Consideration (c) ‑ Property transferred in exchange: DESCRIPTION OF THE PROPERTY TRANSFERRED IN EXCHANGE'
Same scenario as above. Party A electronic affidavit:
3.THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 50,000.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 100,000.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 150,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 150,000.00
6. Other remarks and explanations, if necessary.
1. a) Consideration (c) ‑ Property transferred in exchange: $100,000.00 property transferred in exchange represents the value of Lot 7 Plan 9, Town of Gwillimbury.
Party B electronic affidavit:
3.THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 100,000.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 100,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 100,000.00
6. Other remarks and explanations, if necessary.
1. a) Consideration (c) ‑ Property transferred in exchange: $100,000.00 property transferred in exchange represents the value of Lot 6 Plan 9, Town of Gwillimbury.
Where any transfers involving land exchanges are tendered, it is unlikely that the value of the consideration will be nominal. Occasionally however, situations could arise where the value of the lands is nominal. Such examples include exchanges of small strips of land to re‑align boundaries or an exchange of rights of way or easements. In these cases the document may be accepted with an explanation that makes it clear that the value of the lands involved in the exchanges are nominal in value. These situations should not be thought of as exempt by statute.
The electronic statements should be completed as set out in example 7‑7.
Statement 9049 ‑ 'Explanation for nominal considerations:'
Statement 9064 ‑ 's) other: TEXT' (TEXT ‑ 'Exchange of strips of land to re‑align lot boundaries of adjoining lots.')
3.THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 0.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 0.00
4. Explanation for nominal considerations: s) other: Exchange of strips of land to re‑align lot boundaries of adjoining lots.
See Transactions for Nominal Consideration, for further information on this subject.
A gift of land involves the transfer of land without consideration of any kind and may be made to any person, related or unrelated to the transferor. Since a 'gift' does not include the assumption of any liability or the conferring of any benefit of whatsoever kind on the transferor, the lands must be free and clear of any encumbrances and the transferee must not be assuming any obligations in return for the transfer. The only exception would be an inter‑spousal transfer which qualifies for an exemption under Regulation 696, RRO 1990.
One misconception is that any transfer to a relative is automatically considered a gift, however if the lands are subject to a mortgage, the transferee is considered to be assuming a liability and tax is payable based on the total of any encumbrances registered on title.
If an existing mortgage is to be discharged from the proceeds of a new mortgage or if the funds to discharge an existing mortgage are provided by the transferee, the transferee is considered to have assumed a liability and tax is calculated on the basis of the balance owing on the old mortgage.
Statement 9049 ‑ 'Explanation for nominal considerations;'
Statement 9058 ‑ 'i) gift'
Statement 9060 ‑ 'k) donation to charity'
Statement 9048 ‑'The land is not subject to an encumbrance'
Transferee must be:
Transfers involving an estate may be made pursuant to a will or to the laws of succession if there is no will. Where the transfer is pursuant to a will, the affidavit must set out that the transfer is from the estate to the named beneficiary entitled to the asset, under the terms of the will. Where there is no will, the affidavit must set out that the transferee is the sole beneficiary entitled to the asset under the laws of succession or intestacy.
The emphasis in all cases is that the transferee is the sole named beneficiary.
If the lands are subject to a mortgage, the mortgage does not form part of the consideration.
Statement 9049 ‑ 'Explanation for nominal considerations;'
Statement 9050 ‑ 'a) estate to beneficiary'
When more than one beneficiary is entitled to the lands, any agreement whereby one of the beneficiaries takes the lands in lieu of other assets in the estate, tax is payable on the value of the assets surrendered to the other beneficiaries.
Robert and Jennifer are the sole beneficiaries in their mother's estate, which consists of the family home worth $200,000.00 and personal property worth $200,000.00. Under their mother's will, they are each entitled to a ½ interest in all the assets. Since Jennifer wants the family home, she consents to Robert receiving an extra $100,000.00 worth of personal property in exchange for her receiving his ½ interest in the home.
Jennifer is exempt from tax on the ½ interest she inherited, but must pay land transfer tax on the ½ interest she received from Robert. The value of the consideration is the value of the assets Jennifer surrendered to Robert in exchange for his interest in the home ($100,000.00, value of the personal property).
The Affidavit or electronic statements should be completed as set out in examples 8‑1 and 8‑2.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ 100,000.00 (f) Value of land, building, fixtures . (total of (a) to (e)) $ 100,000.00 $ 100,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 100,000.00
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. No tax payable on transfer from estate to beneficiary of ½ interest in land. The value of consideration represents value of other assets in the estate which the transferee has surrendered in return for the transfer of the other ½ interest in the land.
1(f) = value of the surrendered assets
Statement 9023 ‑ 'c) Consideration (f) ‑ Other valuable consideration subject to land transfer tax: DESCRIPTION OF THE CONSIDERATION' (TEXT ‑'No tax payable on transfer from estate to beneficiary of ½ interest in land. The value of consideration represents value of other assets in the estate which the transferee has surrendered in return for the transfer of the other ½ interest in the land.')
3. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash 0.00 (b) Mortgages (i) assumed (show principle and interest to be credited against purchase price) 0.00 (ii) Given back to Vendor 0.00 (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 100,000.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 100,000.00 (h) VALUE OF ALL CHATTELS ‑ items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 100,000.00
6. Other remarks and explanations, if necessary.
1. (c) Consideration (f) ‑ Other valuable consideration subject to land transfer tax: No tax payable on transfer from estate to beneficiary of 1/2 interest in land. The value of consideration represents value of other assets in the estate which the transferee has surrendered in return for the transfer of the other ½ interest in the land.
Where a transfer is tendered that is described as a dissolution of a co‑tenancy or partnership by way of a partitioning, the Affidavit must state:
"The dissolution of a co‑tenancy (or partnership) by way of a partitioning. Lands are contiguous and neither party is increasing or decreasing his original interest in the whole parcel as a result of the partitioning."
A dissolution of a co‑tenancy or partnership usually arises when more than one individual or entity purchases a single lot, obtains a severance, and each party then acquires a transfer of land representing its percentage interest in the original parcel. The same principle applies where lots in a subdivision are purchased by more than one person and then divided up between the individual purchasers according to their respective interests.
Statement 9049 ‑ 'Explanation for nominal considerations;'
Statement 9066 ‑ 'j) partitioning of co‑tenancy and the transferee is receiving land equal in value to his original interest in the whole parcel'
*Do not select Statements 9047 or 9048*
Where a transfer is registered to "effect a severance", there is no tax payable where the transferor and transferee are the same person. The deed may be submitted for registration without payment of tax with an explanation on the affidavit that the transfer is being registered solely for the purpose of giving effect to the severance.
Statement 9049 ‑ 'Explanation for nominal considerations;'
Statement 9064 ‑ 's) other: TEXT' (TEXT‑"Transferee and transferor are one and the same and registration is to affect severance.")
*Do not select Statements 9047 or 9048*
If the transferor and transferee are not the same parties, the transferee may be taking title as a trustee for the transferor. In this case, where there has been no change in beneficial ownership of the lands, a "trust affidavit" must be prepared according to the guide set out in Conveyances Involving Trusts.
These transfers represent the return of lands that were held as security for a loan and as a result, a transfer from the Director of the Veterans' Land Act to the veteran does not attract tax.
The recommended wording for the Affidavit is as follows:
"The conveyance is made by the Director of the Veterans' Land Act, to a person named in the agreement of sale between the Director and that person in pursuance of the Veterans' Land Act and the grantee is a veteran purchasing under the terms of the Veterans' Land Act."
Statement 9049 ‑ 'Explanation for nominal considerations;'
Statement 9061 ‑ 'l) by Director, the Veterans' Land Act to the veteran in satisfaction of the debt owed by the veteran to the Director.'
*Do not select Statements 9047 or 9048*
If the transferee is other than the veteran, the statement must include the further explanation that the transferee is either the spouse of the veteran or the beneficiary of the veteran's estate, otherwise tax is payable.
Statement 9049 ‑ 'Explanation for nominal considerations;'
Statement 9064 ‑ 's) other: TEXT' (TEXT‑ Transfer by Director, the Veterans' Land Act to the spouse or beneficiary of the veteran's estate in satisfaction of the debt owed by the veteran to the Director.'
*Do not select Statements 9047 or 9048*
Subsection 5(2.1) of the Act states that:
"Despite subsection (2), upon application by a transferor named in a conveyance to the Minister, the Minister or a person authorized by the Minister may consent to the transferor making the affidavit required by subsection (1), and the transferor may make the affidavit if:
Before an Affidavit by a transferor is accepted, the Land Registry Office must be satisfied that all of the above conditions are met. Where there is any doubt, the matter will be referred to the Ministry of Finance.
The first text field should only be completed by selecting names from the drop down menu.
Statement 9120 ‑ 'This conveyance is being tendered for registration by the transferor who has sufficient information to complete these statements.'
Statement 9121‑ 'This conveyance is being tendered for registration by an officer of NAME OF CORPORATION (TEXT ‑ insert name of corporation) who is authorized to act for the transferor and who has sufficient information to complete these statements.'
*Failure to complete the Nominal or Exemption Tabs will result in an error message*
Where a Notice of Vesting under paragraph 379 (5) (b) of the Municipal Act 2001 is being registered due to arrears in municipal taxes, the Affidavit should be completed to show Nil consideration. The Affidavit should be completed as set out in example 8‑3.
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ NIL (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the land . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ NIL $ NIL (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ NIL
4. If the consideration is nominal, is the land subject to any encumbrance? Yes No
5. Other remarks and explanations, if necessary. There is no value of the consideration given or to be given by the municipality in respect to the within Notice of Vesting under the Municipal Tax Sales Act and no tax is payable accordingly.
Notice of Vesting Document
Statement 9049 ‑ 'Explanation for nominal considerations:'
Statement 9064 ‑ 's) other: TEXT' ("There is no value of the consideration given or to be given by the municipality in respect to the within Notice of Vesting under the Municipal Act and no tax is payable accordingly.")
Subsections 2(2) and 2.1(2) of the Act provide for the apportionment of consideration in some conveyances involving a Single Family Residence (SFR). It should be noted that the SFR apportionment can only be invoked where the lands are used for other than just residential purposes. No use is not another use. The transfer of land which has not been used and contains a residence would not be eligible for the apportionment.
By definition a SFR is any structure which was designed for the occupation of a single family as a residence. This means that even if the structure is currently uninhabitable, it is still a SFR as long as it was originally designed to be used as a residence. The zoning of the land on which the structure is situated is not a factor in determining whether the structure is a SFR.
Where an apportionment is being claimed, the Affidavit must be completed as set out in example 9‑1:
(In this example, the purchase price is $1,000,000.00, the SFR is valued at $600,000.00, and the remaining lands are used for commercial purposes.)
2. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid . $ 1,000,000.00 (b) Mortgages (i) Assumed . $ NIL (ii) Given back . $ NIL (c) Property transferred in exchange . $ NIL (d) Other consideration subject to tax . $ NIL (e) Fair market value of the lands . $ NIL (f) Value of land, building, fixtures . (total of (a) to (e)) $ 1,000,000.00 $ 1,000,000.00 (g) Value of all chattels . $ NIL (h) Other consideration . $ NIL (i) Total consideration $ 1,000,000.00
3. To be completed where the value of the consideration for the conveyance exceeds $400,000.00
I have read and considered the definition of "single family residence" set out in subsection 1(1) of the Act.
The land conveyed in the above‑described conveyance:
Statement 9031 ‑ 'I have read and considered the definition of "single family residence" set out in subsection 1(1) of the Act. The land being conveyed herein:'
Statement 9038 ‑ 'contains at least one and not more than two single family residences and the lands are used for other than just residential purposes. The transferee has accordingly apportioned the value of consideration on the basis that the consideration for the single family residence is AMOUNT and the remainder of the lands are used for TEXT purposes.'
*When completing the text field AMOUNT in Statement 9038, use only numeric values without dollar signs, commas or decimals.
The Land Transfer Tax Refund for First‑Time Homebuyers may be obtained at the time of registration or application can be made to the MOF within 18 months of the conveyance or disposition.
NOTE: Clear TEXT field before entering figures.
Statement 9028 ‑ Fraction of parties who are qualifying home owners: "ALL" OR FRACTION (N/D) and the agreement of purchase and sale was entered into before December 14, 2007.
Statement 9029 – 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.
AND the following statements:
9127 ‘NAME[S] is/are [a] first time home purchaser[s]as defined in the Land Transfer Tax Act, and’
9132 ‘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’
9133 ‘Where the qualifying home is a “newly constructed home” in respect of which the purchaser 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 proof of entitlement to a warranty is based on evidence other than a registration number, the claim must be submitted directly to the Ministry of Finance and evidence must accompany the claim.’
9128 ‘No purchaser[s] is/are a “spouse” as defined in section 29 of the Family Law Act’
9129 ‘The purchaser[s] has/have[a] “spouse[s]” as defined in section 29 of the Family Law Act, and’
9130 ‘a) The spouse[s] has/have owned an eligible home’
9131 ‘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 home purchaser]’
The most frequently misunderstood requirement for eligibility is that if the first‑time purchaser has a spouse, the spouse cannot have owned a home while a spouse of the first‑time purchaser. An individual who has not previously owned a home cannot claim to be a "first‑time purchaser" if his or her spouse owned a home anywhere in the world while being the spouse of the individual.
For example: if the first‑time purchaser has a spouse who was a home‑owner, but who sold the home prior to becoming the spouse of the refund claimant, the refund claimant may apply for a refund of land transfer tax in proportion to the interest in land he or she is acquiring plus the interest acquired by the spouse, so long as the spouse is a Canadian citizen or a permanent resident of Canada. If, however, the spouse did not sell the home until after becoming the spouse of the first‑time purchaser, the first‑time purchaser is disqualified from any entitlement to the refund.
Yes. The Minister must confirm that the taxable consideration for surface rights has been reasonably apportioned.
If the transferee is the sole beneficiary, the affidavit should set out that the transfer is from the estate to the only the named beneficiary entitled to the lands. If the transferee is not the named beneficiary as set out in the will, the affidavit must set out the value of any consideration paid for the transfer. If the transferee is one of the named beneficiaries, the affidavit must set out the value of any other assets of the estate the transferee may have surrendered to the other named beneficiary in return for the lands.