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O. Reg. 182/17: TAX PAYABLE UNDER SUBSECTION 2 (2.1) OF THE ACT BY FOREIGN ENTITIES AND TAXABLE TRUSTEES

under Land Transfer Tax Act, R.S.O. 1990, c. L.6

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current June 8, 2017 (e-Laws currency date)

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Land Transfer Tax Act

ONTARIO REGULATION 182/17

TAX PAYABLE UNDER SUBSECTION 2 (2.1) OF THE ACT BY FOREIGN ENTITIES AND TAXABLE TRUSTEES

Consolidation Period: From June 8, 2017 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Definitions

Definitions

1. In this Regulation,

“nominee” means a foreign national who is nominated under the Ontario Immigrant Nominee Program; (“candidat désigné”)

“protected person” means a foreign national on whom refugee protection is conferred under section 95 of the Immigration and Refugee Protection Act (Canada); (“personne protégée”)

Exemptions

Exemption, nominees

2. No tax is payable under subsection 2 (2.1) of the Act in respect of a conveyance of land if,

(a) the land is conveyed to a nominee;

(b) any other transferees named in the conveyance are individuals who are either Canadian citizens, permanent residents of Canada, nominees or protected persons;

(c) the transferees each certify that they will occupy the land as their principal residence; and

(d) the nominee has applied to become a permanent resident of Canada or certifies that they will apply to become a permanent resident of Canada.

Exemption, protected persons

3. No tax is payable under subsection 2 (2.1) of the Act in respect of a conveyance of land if,

(a) the land is conveyed to a protected person;

(b) any other transferees named in the conveyance are individuals who are either Canadian citizens, permanent residents of Canada, nominees or protected persons; and

(c) the transferees each certify that they will occupy the land as their principal residence.

Exemption, conveyance to foreign national and spouse

4. No tax is payable under subsection 2 (2.1) of the Act in respect of a conveyance of land if,

(a) the land is conveyed to a foreign national and the foreign national’s spouse;

(b) at the time of the conveyance, the spouse is a Canadian citizen, a permanent resident of Canada, a nominee or a protected person;

(c) any other transferees named in the conveyance are individuals who are either,

(i) Canadian citizens, permanent residents of Canada, nominees or protected persons, or

(ii) the spouse of an individual described in subclause (i); and

(d) the transferees each certify that they will occupy the land as their principal residence.

Rebates

Rebate for foreign nationals who become permanent residents of Canada

5. (1) The Minister may rebate tax paid by a foreign national under subsection 2 (2.1) of the Act in respect of a conveyance of land if the Minister is satisfied that,

(a) the foreign national is the only transferee named in the conveyance or, if two transferees are named, they are the foreign national and the foreign national’s spouse;

(b) the foreign national became a permanent resident of Canada within four years after the day the conveyance was tendered for registration; and

(c) on and after a date that is within 60 days after the day the conveyance was tendered for registration, the land has been occupied by the transferee or transferees as their principal residence.

(2) An application for a rebate under this section shall be made before the 91st day after the foreign national or the foreign national’s spouse became a permanent resident of Canada, but no application shall be made later than four years and 90 days after the day the tax became payable.

Rebate for international students

6. (1) The Minister may rebate tax paid by a foreign national under subsection 2 (2.1) of the Act in respect of a conveyance of land if the Minister is satisfied that,

(a) the foreign national has been enrolled full-time in an approved institution at a campus located in Ontario for a continuous period of at least two years after the day the conveyance was tendered for registration;

(b) the foreign national is the only transferee named in the conveyance or, if two transferees are named, they are the foreign national and the foreign national’s spouse; and

(c) on and after a date that is within 60 days after the day the conveyance was tendered for registration, the land has been occupied by the transferee or transferees as their principal residence.

(2) An application for a rebate under this section shall be made within four years after the day on which the tax became payable.

(3) In this section,

“approved institution” means an institution that is approved under section 8 of Ontario Regulation 70/17 (Ontario Student Grants and Ontario Student Loans) made under the Ministry of Training, Colleges and Universities Act.

(4) An individual enrolled at an approved institution is considered to be enrolled full time for a year if,

(a) in the case of an individual who does not have a disability, the individual is enrolled in at least 60 per cent of what the institution considers to be a full course load for the academic year; or

(b) in the case of an individual with a disability, the individual is enrolled in at least 40 per cent of what the institution considers to be a full course load for the academic year.

Rebate for foreign nationals working in Ontario

7. (1) The Minister may rebate tax paid by a foreign national under subsection 2 (2.1) of the Act in respect of a conveyance of land if the Minister is satisfied that,

(a) the foreign national has been employed full-time in Ontario under a valid work permit for at least a continuous period of one year after the day the conveyance was tendered for registration;

(b) the foreign national is the only transferee named in the conveyance or, if two transferees are named, they are the foreign national and the foreign national’s spouse; and

(c) on and after a date that is within 60 days after the day the conveyance was tendered for registration, the land has been occupied by the transferee or transferees as their principal residence.

(2) An application for a rebate under this section shall be made within four years after the day on which the tax became payable.

(3) In this section,

“full-time” means, in respect of an employment position, a position that requires,

(a) no fewer than 30 hours of paid work per week over a 12 month period; and

(b) no fewer than a total of 1,560 hours of paid work over that period.

Written application

8. An application for a rebate under this Regulation shall be made in writing and shall set out the information the Minister requires to determine whether the applicant is eligible for the rebate.

9. Omitted (provides for coming into force of provisions of this Regulation).

 

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