PROPERTY TRANSFER TAX - FIRST TIME HOME BUYERS' PROGRAM
(March 2003)

by Del Elgersma

Property Transfer Tax is a provincial tax on the transfer of real estate. It is 1% of the first $200,000 of value, and 2% on the amount over $200,000. The 2003 provincial budget included changes to the First Time Home Buyers' Program, which provides a tax exemption from Property Transfer Tax for individuals buying their first home. Buyers who meet the following conditions will be eligible for the exemption.

The Buyer:
  • must be a Canadian citizen or permanent resident who has never owned a home anywhere in the world, and has
    • lived in BC for one full year prior to the purchase, or
    • filed two income tax returns as a BC resident within the last six years.
    If the buyer is not a Canadian citizen or permanent resident at closing, but becomes one within one year of closing, the buyer can apply for a refund of the tax.
  • must occupy the property as their principal residence for the first year of ownership, or the buyer may have to pay back some or all of the tax. If the property is vacant land, the house must be constructed within one year of closing, and the buyer must live in the house for the balance of the year.
The Property:
  • must not exceed $275,000 if located within the Capital Regional District or the Greater Vancouver and Fraser Valley Regional Districts, or $225,000 if located elsewhere in BC. A proportional exemption is now available for properties that have a value of up to $25,000 above these thresholds.
  • in the case of vacant land, the value of the land plus the total construction costs must not exceed the amounts stated above.
  • must be classified as residential. If some of the buildings on the property are not classified as residential, or if the property exceeds 0.5 hectares (1.24 acres) in area, only a partial exemption is available.
The Financing:
  • must be for at least 70% of the value of the property (not including amounts borrowed from related individuals, corporations or trusts). Assumed financing may be included.
  • must have a term of at least one year. If not, the buyer must pay the tax, but may apply for a refund.
  • must not be paid down during the first year after closing by more than the greater of:
    • the amount that would reduce the financing to 70% of the property's value at closing, and
    • $11,000 if the property is located within the Capital, Greater Vancouver or Fraser Valley Regional Districts, or
    • $9,000 if located elsewhere in BC.
If you have any questions about the First Time Home Buyers' Program, please call us.
BEACON LAW CENTRE
Sidney: 104 - 9717 Third Street, Sidney, British Columbia V8L 3A3
Victoria: 200 - 3200 Shelbourne Street (by appt. only)

Tel (250) 656 3280 Toll Free 1 877 295 9339
Fax (250) 656 9674

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