Newly Constructed Homes

Eligible first time buyers of newly constructed homes should continue to have their lawyers claim the refund under current procedures at the time of registration. The date the agreement of purchase and sale is entered into is a factor with respect to newly constructed homes.

Resale Homes

Until the proposed amendments become law, the following applies to first time home buyers of resale homes applying for a refund; land transfer tax must be paid at registration. The following documentation must be submitted to the Ministry of Revenue at the address at the end of this notice

- a properly completed form - Ontario Land Transfer Tax Refund. Affidavit for first time purchasers of eligible homes (resale)

- a copy of the registered instrument on which land transfer tax was paid (in the case of electronic registration, please include a copy of the docket summary which relates to the transaction)

- a copy of the agreement of the purchase and sale (only those agreements of purchase and sale entered into after December 13th, 2007 may qualify) along with a copy of the statements of adjustments.

Eligibility Requirements

The following eligibility requirements are proposed to apply for resale homes and continue to apply for newly constructed homes;

- the purchaser must be 18 years of age

-application for the refund must be made within 18 months after the date of the conveyance of disposition.

- the purchaser must occupy the home as his or her principle residence within 9 months of the date of closing.

- the purchaser cannot have owned a home or had any ownership interest in a home, anywhere in the world.

- a spouse of the purchaser cannot have owned a home or had any ownership interest in a home, anywhere in the world while he or she was the purchaser's spouse.