Land Transfer Tax Act

R.R.O. 1990, REGULATION 696

EXEMPTION(S) — FOR CERTAIN TRANSFERS BETWEEN SPOUSES

Consolidation Period: From September 7, 2012 to the e-Laws currency date.

Last amendment: 257/12.

Legislative History: 117/00, 319/05, 257/12.

This is the English version of a bilingual regulation.

1. It is determined that the Act was not intended to apply on the tender for registration of any conveyance where the transferor is the spouse or former spouse of the transferee and where sufficient information is provided to enable the Minister or any collector to whom the conveyance is tendered for registration to determine that one of the following conditions is satisfied:

(a) the only consideration given for the conveyance apart from natural love and affection is the assumption of any encumbrance registered on the land described in the conveyance;

(b) the conveyance is in compliance with the terms of a written agreement pursuant to which the parties have agreed to live separate and apart; or

(c) the conveyance is in compliance with the direction of an order or judgment made by a court of competent jurisdiction.  R.R.O. 1990, Reg. 696, s. 1; O. Reg. 117/00, s. 2; O. Reg. 319/05, s. 2.

2. It is determined that the Act was not intended to apply on the tender for registration of any conveyance if the transfer is to or in trust for or vested in a dependant of the transferor pursuant to an order made by a court of competent jurisdiction under section 34 of the Family Law Act.  R.R.O. 1990, Reg. 696, s. 2.