What is Property Transfer Tax?
	Who must pay the tax?
	What is the tax rate?
	What transactions are taxable?
	What is Fair Market Value?
	What about transactions when no money changes hands?
	What exemptions are there from Property Transfer Tax?
	How does tax apply to transfers between joint tenants (partial interest transfer)?
	How does the tax apply to split transfers?

First Time Home Buyer's Exemptions

	What is the First Time Home Buyers' Program?
	Why did I receive a letter one year after buying my first home?

Pre-Sold Strata

	What is meant by a "pre-sold" strata unit?
	Why is buying a pre-sold strata unit relevant to the paying of property transfer tax?
	What is total consideration for a pre-sold strata unit?
	What if I sign a contract to purchase a pre-sold strata unit, but then assign that right to someone else who takes title to the property?
	Could buying a pre-sold strata unit impact whether I qualify for the First Time Home Buyer's Program?

Payment of Overdue Balances Questions:

	Can I make instalment payments?
	Do you accept credit card payments?
	Are you a private collection agency?
	What do you mean by "Legal Action"?
	Will legal actions have an effect on my (my company) credit rating?
	Why have I received a notice from the Land Title Office telling me a Judgement is registered on my property?
	When will the lien on my property be removed?
	Why do you need my mortgage history?
	Where can I pay?
	Haven't I already paid this with my mortgage?

Answers:

Property Transfer Tax is a land registration tax payable when an application is made at any Land Title Office in British Columbia to register changes to a certificate of title. Property Transfer Tax is payable on the fair market value of the property being transferred.

Property Transfer Tax should not be confused with Property Tax, which is the amount paid on an annual basis for services received from local government.

When applying to register a taxable transaction at any Land Title Office in British Columbia, the person who is:

• acquiring a registered interest in the property, or
• gaining an additional registered interest in the property, or
• becoming the registered holder of a lease, life estate, or
• right to purchase against the property is required to pay the tax unless they qualify for an exemption. This person is referred to as the transferee or purchaser

If the transferee fails to pay the tax, the Registrar of Land Titles may refuse to register the transaction. Payment may be made by cash, cheque or money order, payable to the Land Title and Survey Authority of British Columbia. Payment should be presented at the Land Title Office.

Please see How to File for information on filing your Property Transfer Tax return.

The tax rate is 1% on the first $200,000 of the fair market value of the property, plus 2% on the fair market value over $200,000.

For example, if the fair market value of the property is $150,000 the tax is 1% of $150,000 or $1,500.

If the property's fair market value is $250,000 the tax is 1% of $200,000 ($2,000) plus 2% of the remaining $50,000 ($1,000) for a total tax of $3,000.

Taxable transactions include, but are not limited to, registration of:

• a transfer of legal title (for example, you buy a home and register it in your name)
• a right to purchase (an agreement for sale)
• a lease or lease modification agreement
• a life estate
• a foreclosure
• a property transfer pursuant to a corporate reorganization
• an escheat, forfeiture or quit claim
• a Crown grant

Fair market value is the price that would be paid by a willing purchaser to a willing seller in the open market on the date of registration. An open market is where the property is offered for sale so that anyone likely to be interested in purchasing it may make an offer. Often for a residential property, this is done by listing with a realtor or by advertising in the press and putting out a "For Sale" sign. If your tax return is reviewed by this office, you may be asked to provide evidence of how you knew the property was for sale.

Usually, fair market value is the purchase price. In other instances, such as where no money changes hands or the transfer did not take place in the open market, the fair market value must be determined by other means, such as an independent appraisal or by reference to the most relevant BC Assessment value.

BC Assessment property assessments reflect fair market value as at July 1 of the previous year. For example, assessed values for the 2007 tax year are based on what the property would have sold for in the open market as at July 1, 2006. Because property markets can change rapidly, you may need a more recent valuation, such as an independent appraisal, of what the property is worth at the time of registration.

Under the Interpretation Act , land means any interest in land, including any right, title or estate in it of any tenure, with buildings and houses, unless there are words to exclude buildings and houses or to restrict the meaning. Because there is no limiting definition in the Property Transfer Tax Act, tax is payable on the fair market value of the land, plus all improvements on that land at the time of registration.

Accordingly, houses and other structures attached to the land are included in the fair market value. Improvements may include timber, paving and anything that add value to the land. Manufactured homes registered in, and not excluded from, the Manufactured Homes Registry are not included.

Transactions are taxable at fair market value regardless of the purchase price. A gift of property, for example, still requires a Property Transfer Tax return to be filed at a Land Title Office and the tax to be paid on what the property would have sold for on the open market.

Other types of "fee simple transfers" include a change from tenancy in common to joint tenancy, a transfer to a surviving joint tenant, and a transfer of property between a company and its shareholders.

However, some transactions may be eligible for exemption from Property Transfer Tax. Please see Property Transfer Tax Exemptions and Bulletin PTT 003, Exemptions Generally.

In addition to the First Time Home Buyers' Program (see below), there are a number of other exemptions from Property Transfer Tax. Some examples are the transfer of property between spouses in the breakdown of a marriage, or transfer of property to a registered charity.

Please see our Exemptions page, and Bulletin PTT 003, Exemptions Generally. You may also wish to consult the Instruction Guide for Completion of General, Special and Electronic Property Transfer Tax Returns.

If a registered 'fee simple' ownership of a property is held in joint tenancy, the tax applies to the portion of the interest in the property being transferred.

For example, Mary and John are former spouses and own a property as joint tenants. They wish to transfer John's interest in the property to Charles, with the result that Mary and Charles will now hold the registered fee simple ownership of the property as joint tenants.

For the purposes of the Property Transfer Tax Act, Mary's interest in the property has not changed as a result of the transfer. The application of the tax is determined based on the transfer of a 50% interest in the property from John to Charles. If John and Charles are related (such as father and son), the transfer of the 50% interest from John to Charles may qualify for exemption.

Property Transfer Tax applies to each registration of a transfer of land. One Land Title Office transfer form containing one certificate of title number is considered to be one taxable transaction.

Sometimes individuals and corporate taxpayers split the transfer of a property to take advantage of the lower rate of tax provided for transfers with a fair market value under $200,000. However, if one certificate of title is registered, regardless of how many transferees are registered on the title, that transaction will be seen as one transaction for tax purposes.

Even if separate title numbers exist, there are three common situations where the transactions are combined and taxed as one:

• split transactions involving one transferee
• split transactions involving related individual transferees
• split transactions involving associated corporations

Please see Bulletin PTT 014 for more information.

Introduced in 1994, the First Time Home Buyers' Program is designed to help British Columbians purchase their first home. The program exempts qualified home buyers from paying Property Transfer Tax.

Please see our First Time Home Buyers' Program page, Bulletin PTT 004, First Time Home Buyers' Program for more information.

If your home was purchased and registered on, or after, February 20, 2008, the ministry sends you a form letter one year after you bought the home asking you to confirm that the home is still your principal residence. This letter ensures that you meet the principal residency requirements of the exemption.

If your home was purchased and registered before February 20, 2008, the ministry sends you a form letter asking for details of your mortgage account(s). You need to have your financial institution or mortgage holder complete the mortgage details on the form letter, showing the outstanding balance on February 19, 2008. This is to ensure that you did not pay down your mortgage below the allowable limit before February 20, 2008. For more information please see, the Instruction Guide for Completion of the First Time Home Buyers' Tax Return .

Sometimes units in large condominium projects are offered for sale well in advance of completion of the building. The buyer enters into a written agreement to purchase the property at a certain price before the strata units are registered in the Land Titles Office, but title will not transfer until some time later when the unit is actually completed.

Most purchasers of pre-sold strata units will pay tax on the total consideration paid for the unit rather than on its fair market value as at the date of registration.

Total consideration is the total amount paid to acquire the property. This includes money paid for upgrades or additions, or any other premium paid for assignment of a written agreement.

If the transfer of a pre-sold strata unit is a non-arm's length transaction, but
the transferee is a related individual of the person who signed the contract, there is no change in the tax treatment and the pre-sold provisions still apply. "Related individual" is defined under the Act to include spouses or those "vertically related" to each other, such as a mother, father, grandmother, grandfather, child, mother-in-law, grandfather-in-law, etc. It does not include brothers and sisters.

If the parties are not considered related, the transferee must pay tax based on the total consideration that would have been paid for the unit if the transaction had been between arm's length parties in the open market. The administrator can determine this amount for any non-arm's length transfer.

An assignment of the right to purchase a pre-sold strata unit from the purchaser to their company is an example of a non-arm's length transaction.

The Property Transfer Tax Act sets out what property qualifies for this exemption and the value limits. The total consideration paid for the property will be used to determine if you qualify for the exemption.

Please see our First Time Home Buyers' Program page, Bulletin PTT 004, First Time Home Buyers' Program for more information.

Payment of Overdue Balance FAQs

When agreed upon, short term payment arrangements are considered for a period of six months or less. For approval of payment proposals which are longer than six months, we require that you provide detailed financial information, and it will be necessary to secure the debt by registering a lien against your property. Interest continues to accrue on all unpaid balances.

No, we do not accept credit card payments.

No, we are not a private collection agency. The Receivables Management Office is a branch of the Ministry of Small Business and Revenue that collects outstanding taxes owing to the province.

The province has available remedies that it may use to collect overdue taxes under its various tax statutes. These remedies include: demands on bank accounts employers and third parties liens Certificates of Judgement Federal Government refund set-offs Writs of Seizure and Sale

This will depend on the collection action which has been undertaken in an attempt to collect the outstanding balance.

The Land Title Office is required to send you a notice informing you that a lien has been registered on your property. This notice gives you an opportunity to dispute the lien if you believe the lien has been filed in error. You may receive this notice after your account has been paid or reversed.

We will remove all collection action including a property lien once you have paid the account in full or supplied all of the information we have requested that meets the criteria for the First Time Home Buyers' exemption from Property Transfer Tax.

For purchases registered on, or after, February 20, 2008, a mortgage history will no longer be required. However, if you registered the purchase of your home before February 20, 2008, your mortgage history is required to ensure you have met the requirements of the exemption by not paying down your mortgage by more than the allowable limits before February 20, 2008.

Many lenders allow their clients the option of paying their property taxes along with their mortgage payment. Property Transfer Tax is a one-time tax which is payable when a change in ownership is registered at the Land Title Office. Property Tax is paid annually to your municipality and Property Transfer Tax is paid to the province.