Section 1 (1) definitions of "parent", "related individual" and "spouse" BEFORE amended by 2000-24-31, effective November 1, 2000 (BC Reg 280/2000).
"parent" includes a person who is the stepmother or stepfather of the child, if a stepparent relationship is established
(a) by marriage between the stepparent and the mother or father of the child, or
(b) by the stepparent and the mother or father of the child living together as husband and wife for not less than 2 years although not married to each other;
"related individual" means a spouse, parent, child, grandparent, grandchild, greatgrandparent, greatgrandchild, mother-in-law, father-in-law, grandmother-in-law, grandfather-in-law, greatgrandmother-in-law, greatgrandfather-in-law, daughter-in-law, son-in-law, granddaughter-in-law, grandson-in-law, greatgranddaughter-in-law or greatgrandson-in-law;
"spouse" means a person who
(a) is married to another person, or
(b) is living with another person as husband and wife and has lived with that person for a continuous period of at least 2 years;
Section 1 (1) definition of "related person" was added by 2003-3-28, effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
Section 1 (1) definitions of "electronic", "electronic return", "electronic signature", "subscriber" were added by 1999-35-6 and re-enacted by 2003-96-45, effective December 12, 2003 (BC Reg 471/2003).
Section 1 (1) definition of "true copy" was added by 2004-12-31, effective March 31, 2004 (Royal Assent).
Section 1 (1) definition of "taxable transaction", subparagraph (g) (iv) BEFORE amended by 2004-41-57(a), effective January 1, 2005 (BC Reg 505/2004).
(iv) the terms referred to in subparagraph (iii), other than terms provided by a time share ownership plan within the meaning of the Real Estate Act, a time share use plan within the meaning of the Real Estate Act, a sublease or an assignment, exceed 30 years in total;
Section 1 (2) (b) BEFORE amended by 2004-41-57(b), effective January 1, 2005 (BC Reg 505/2004).
(b) if the lease is a time share ownership plan or time share use plan under the Real Estate Act, the term of the lease must be determined by adding together the number of calendar years during which the transferee may, for any part of a year, occupy the land.
Section 1 (1) definitions of "ministry", "ministry person" and "personal information" were added by 2007-31-26, effective October 15, 2007.
Section 1 (1) definition of "tax" BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).
"tax" means the tax imposed by this Act and the regulations and includes all interest and penalties imposed or that may be imposed under this Act and the regulations;
Section 1 (1) definition of "parent" BEFORE amended by 2011-25-427(a), effective March 18, 2013 (BC Reg 131/2012).
"parent" includes a spouse of the mother or father of the child;
Section 1 (1) definition of "spouse", paragraph (b) BEFORE amended by 2011-25-427(b), effective March 18, 2013 (BC Reg 131/2012).
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for a continuous period of at least 2 years;
Section 1 (1) definitions of "permanent resident of Canada" and "settlor" were added by 2016-3-45, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 1 (1) definitions of "electronic", "electronic signature" and "subscriber" BEFORE repealed by 2018-37-30(a), effective November 15, 2019 (BC Reg 171/2019).
"electronic" has the same meaning as in Part 10.1 of the Land Title Act;
"electronic signature" has the same meaning as in Part 10.1 of the Land Title Act;
"subscriber" has the same meaning as in Part 10.1 of the Land Title Act;
Section 1 (1) definitions of "designate" and "execution copy" were added by 2018-37-30(b), effective November 15, 2019 (BC Reg 171/2019).
Section 1 (1) definition of "true copy", paragraph (b) BEFORE amended by 2018-37-30(c), effective November 15, 2019 (BC Reg 171/2019).
(b) in relation to an electronic return, a legible paper copy of the electronic return containing every material provision and particular contained in the original.
Section 1 (1) definition of "execution copy" BEFORE amended by 2019-40-19, effective November 15, 2019 [coming into force of "execution copy" def in 2018-37-30(b); retro from November 28 2019 (Royal Assent)].
"execution copy", in relation to an electronic return, means a legible paper copy of the electronic return, containing every material provision and particular contained in the original, that is prepared for the purposes of certification under 13.1 (3);
Section 1 (1) definitions of "ministry person" and "personal information" BEFORE repealed by 2023-23-148, effective May 11, 2023 (Royal Assent).
"ministry person" means a person who is employed in, or retained under a contract to perform services for, the ministry;
"personal information" means personal information as defined in Schedule 1 of the Freedom of Information and Protection of Privacy Act;
Section 1.2 (1) definition of "related person" BEFORE repealed by 2003-3-29, effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
"related person" means a person who is
(a) a related individual, or
(b) a related person within the meaning of section 251 of the Income Tax Act (Canada).
Section 1.4 was enacted by 2004-70-1, effective January 1, 2004 [retro from October 21, 2004 (Royal Assent)].
Section 2 (1.1) was added by 1999-35-7(a) and re-enacted by 2003-96-45, effective December 12, 2003 (BC Reg 471/2003).
Section 2 (8) BEFORE amended by 1999-35-7(b) and re-enacted by 2003-96-45, effective December 12, 2003 (BC Reg 471/2003).
(8) A registrar may, without a hearing, refuse to accept an application for registration of a taxable transaction if the registrar has reasonable grounds to believe that the tax relating to the transaction has not been paid or the return required by subsection (1) is incomplete or has not been filed.
Section 2 (1.1) (a) BEFORE amended by 2004-12-32, effective March 31, 2004 (Royal Assent).
(a) the tax required to be paid under subsection (1) (a) must be paid by electronic means at the time and in the manner established by the administrator, and
Section 2 (1) (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) file a return, in the prescribed manner, whether or not the taxable transaction is exempt under this Act or the regulations.
Section 2 (2), (5) and (8) BEFORE amended by 2016-27-2, effective August 2, 2016.
(2) If the Crown or a municipality registers a taxable transaction at the land title office on behalf of a transferee, the transferee must pay tax in accordance with section 3 or 38 at the prescribed time and to the person designated in the regulations as the collector of the tax for the purposes of this subsection.
(5) A transferee who, although entitled to apply, does not apply to register a taxable transaction at a land title office, must, within a prescribed period, file a return and pay tax at the rate set out in section 3 to the person designated in the regulations as the collector of the tax for the purposes of this subsection.
(8) A registrar may, without a hearing, refuse to accept an application for registration of a taxable transaction if the registrar has reasonable grounds to believe that
(a) the tax relating to the transaction has not been paid or the return required by subsection (1) is incomplete or has not been filed, and
(b) in the case of an application for registration referred to in subsection (1.1), any of the requirements of that subsection has not been fulfilled.
Section 2.001 (1) definition of "tax benefit" BEFORE amended by 2018-4-56(b), effective March 15, 2018 (Royal Assent).
"tax benefit" means a reduction, avoidance or deferral of tax payable under section 2.02;
Section 2.001 (3) BEFORE amended by 2018-4-56(c), effective March 15, 2018 (Royal Assent).
(3) If a transaction is an avoidance transaction, the administrator may determine the tax consequences to a transferee in a manner that is reasonable in the circumstances in order to deny a tax benefit that, but for this section, would result, directly or indirectly, from that transaction or from a series of transactions that includes that transaction.
Section 2.01 (a) and (c) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(a) the Greater Vancouver Regional District, other than both of the following:
(i) subject to paragraph (b), the treaty lands of the Tsawwassen First Nation;
(ii) a prescribed area within the Greater Vancouver Regional District;
(c) a prescribed area that is not within the Greater Vancouver Regional District;
Section 2.04 BEFORE renumbered as 2.001 by 2018-4-56(a), effective March 15, 2018 (Royal Assent).
Additional tax imposed — anti-avoidance rule
"avoidance transaction" means a transaction
(a) that, but for this section, would result, directly or indirectly, in a tax benefit, or
(b) that is part of a series of transactions, which series, but for this section, would result, directly or indirectly, in a tax benefit,
but does not include a transaction that may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than for the purpose of obtaining a tax benefit;
"tax benefit" means a reduction, avoidance or deferral of tax payable under section 2.02;
"transaction" includes an arrangement or event.
(2) For the purposes of this section, a series of transactions is deemed to include any related transactions completed in contemplation of the series.
(3) If a transaction is an avoidance transaction, the administrator may determine the tax consequences to a transferee in a manner that is reasonable in the circumstances in order to deny a tax benefit that, but for this section, would result, directly or indirectly, from that transaction or from a series of transactions that includes that transaction.
(4) The tax consequences to any person, after the application of this section, must be determined only through an assessment under section 18.
Section 2.1 (1) BEFORE amended by 2013-1-112, effective February 28, 2013 (Royal Assent).
(1) In this section, "Taxation Agreement" means the Nisg̱a'a Nation Taxation Agreement tabled in the Legislative Assembly on November 30, 1998, but does not include any amendments made to that agreement after that date.
Section 2.1 (2) BEFORE amended by 2016-27-4, effective August 2, 2016.
(2) Despite section 2, a person is not subject to tax under this Act if and to the extent that the Taxation Agreement provides that the person is not subject to tax under this Act.
Section 2.2 was enacted by 2007-36-155, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2008-42-15, effective May 29, 2008 (Royal Assent)].
Section 2.2 (1) BEFORE repealed by 2011-11-64, effective June 2, 2011 (Royal Assent).
(1) In this section, "tax treatment agreement" means an agreement among a treaty first nation, British Columbia and Canada that,
(a) under the chapter of the treaty first nation's final agreement that sets out the agreement of the parties in relation to taxation, is required to come into effect on the date the final agreement comes into effect, and
(b) is tabled in the Legislative Assembly on or before the date settlement legislation in relation to the final agreement receives Third Reading,
and, for greater certainty, does not include amendments to the agreement made after the date the settlement legislation receives Third Reading.
Section 2.2 (2) BEFORE amended by 2016-27-4, effective August 2, 2016.
(2) Despite section 2, a person is not subject to tax under this Act if, and to the extent and for the period that, a tax treatment agreement provides that the person is not subject to tax under this Act.
Section 3 (3.1) BEFORE amended by 2010-2-92(a), effective March 3, 2010 [retro from March 31, 2010 (Royal Assent)].
(3.1) In subsections (3.2) to (3.5), words and expressions used have the same meaning as in section 14 (3) (j) and (4) (k) and (k.1).
Section 3 (3.21) was added by 2010-2-92(b), effective March 3, 2010 [retro from March 31, 2010 (Royal Assent)].
Section 3 (1) BEFORE amended by 2016-3-46, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(1) The tax payable under this Act is
(a) 1% of the first $200 000 of the fair market value of the taxable transaction, and
(b) 2% of the remaining fair market value of the taxable transaction.
Section 3 (1) BEFORE amended by 2016-27-5, effective August 2, 2016.
(1) The tax payable under this Act in respect of a taxable transaction is the sum of the following:
(a) 1% of the taxable transaction's fair market value that does not exceed $200 000;
(b) 2% of that fair market value that exceeds $200 000 but does not exceed $2 000 000;
Section 3 (1) (d) was added by 2018-4-57, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
Section 3.01 was enacted by 2018-4-58, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
Section 3.1 was enacted by 2010-2-93, effective March 3, 2010 [retro from March 31, 2010 (Royal Assent)].
Section 3.1 (2) BEFORE amended by 2016-3-47, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(2) Despite section 3 (1), the tax payable under this Act for a correcting transaction is the tax payable determined under section 3 (1) as if the fair market value of the correcting transaction were determined at the date of registration of the original transaction.
Section 3.1 (2) BEFORE amended by 2016-27-6, effective August 2, 2016.
(2) Despite section 3 (1), the tax payable under this Act for a correcting transaction is the tax payable calculated in accordance with section 3 (1) as that section read on the date of registration of the original transaction and as if the fair market value of the correcting transaction were determined at that date.
Section 4 definition of "eligible security", paragraph (b) BEFORE amended by 2003-3-30(a), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(b) is between the transferee and a person who is not a related individual to the transferee, and
Section 4 definition of "first time home buyer" BEFORE amended by 2003-3-30(b), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
"first time home buyer" means an individual who
(a) is a Canadian citizen or is lawfully admitted to Canada for permanent residence,
(b) continuously maintained that individual's principal residence in British Columbia throughout a period of not less than one year immediately before the registration date, and
(c) has not previously held a registered interest in land, whether in British Columbia or elsewhere, that constituted the individual's principal residence;
Section 4 definition of "qualifying property" BEFORE amended by 2003-3-30(c), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
"qualifying property" means a property the fair market value of which does not, on the registration date, exceed the qualifying value of that property;
Section 4 in the definition of "qualifying value", paragraph (a) BEFORE amended by 2003-3-30(d), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(a) $275 000 if the property is located in the Greater Vancouver Regional District, the Central Fraser Valley Regional District, the Dewdney-Alouette Regional District, the Fraser-Cheam Regional District or the Capital Regional District, or
Section 4 (2) was added by 2004-40-47 (after renumbering section 4 as 4 (1)), effective May 13, 2004 (Royal Assent).
Section 4 (1) definition of "qualifying value" BEFORE amended by 2005-16-33, effective February 16, 2005 [retro from March 3, 2005 (Royal Assent)].
"qualifying value", in relation to a property, means
(a) $275 000 if the property is located in the Greater Vancouver Regional District, the Fraser Valley Regional District or the Capital Regional District, or
(b) $225 000 if the property is located elsewhere;
Section 4 (1) BEFORE amended by 2007-1-15(a), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(1) In this section and in sections 5 to 12
Section 4 (1) definition of "eligible security" BEFORE re-enacted by 2007-1-15(b), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
"eligible security" means a mortgage or an agreement for sale that
(a) secures financing applied to a transfer effected by an eligible transaction,
(b) is between the transferee and a person that is not
(i) a corporation, other than a public company as defined in section 1 of the Business Corporations Act, S.B.C. 2002, c. 57, of which the transferee is a shareholder or of which one or more individuals who are related persons in relation to the transferee are shareholders,
(ii) a trustee on behalf of a trust of which the transferee is a beneficiary or of which one or more individuals who are related persons in relation to the transferee are beneficiaries, or
(iii) a related person in relation to the transferee, and
(c) has a term of at least one year from the registration date;
Section 4 (1) definition of "Habitat for Humanity" was added by 2007-1-15(c), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 4 (1) definition of "qualifying value" BEFORE re-enacted by 2007-1-15(d), effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
"qualifying value", in relation to a property, means
(a) $325 000 if the property is located in the Greater Vancouver Regional District, the Fraser Valley Regional District or the Capital Regional District, or
(b) $265 000 if the property is located elsewhere;
Section 4 (1) definition of "critical illness or injury insurance" was added by 2007-31-27(b), effective May 31, 2007 (Royal Assent).
Section 4 (1) (part) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).
(1) In this section and in sections 4.1 to 12
Section 4 (1) definitions of "critical illness or injury insurance", "eligible indebtedness" and "eligible security" BEFORE repealed by 2008-10-88(a), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
"critical illness or injury insurance" means insurance whereby the insurer undertakes to pay insurance money in the event the insured is diagnosed with a critical illness or sustains a critical injury;
"eligible indebtedness" means, for a property, an indebtedness that
(a) is secured by eligible securities that are registered against the property, and
(b) is at least 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction is made at a land title office;
"eligible security" means
(a) a mortgage or an agreement for sale that
(i) secures financing applied to a transfer effected by an eligible transaction,
(ii) is between the transferee and a person that is not
(A) a corporation, other than a public company as defined in section 1 (1) of the Business Corporations Act, of which the transferee is a shareholder or of which one or more individuals who are related persons in relation to the transferee are shareholders,
(B) a trustee on behalf of a trust of which the transferee is a beneficiary or of which one or more individuals who are related persons in relation to the transferee are beneficiaries, or
(C) a related person in relation to a transferee, and
(iii) has a term of at least one year from the registration date, or
(b) in relation to a transfer from Habitat for Humanity, a first ranking mortgage that
(i) secures financing applied to a transfer effected by an eligible transaction,
(ii) is between the transferee and Habitat for Humanity, and
(iii) has a term of at least one year from the registration date;
Section 4 (1) definition of "qualifying value" BEFORE amended by 2008-10-88(b), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
"qualifying value", in relation to a property, means $375 000;
Section 4 (1) definition of "qualifying value" BEFORE amended by 2014-4-42, effective February 19, 2014 [retro from March 24, 2014 (Royal Assent)].
"qualifying value", in relation to a property, means $425 000;
Section 4 (1) definitions of "eligible transaction", "first time home buyer", "residential improvement" BEFORE amended by 2016-3-48, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
"eligible transaction" means, for the purposes of determining the eligibility of a first time home buyer for an exemption under sections 5 to 12, a taxable transaction not referred to in paragraph (f) or (g) of the definition of "taxable transaction", for which an application for registration is made at a land title office after March 23, 1994;
"first time home buyer" means an individual who,
(a) on the registration date, is
(ii) a permanent resident as defined in the Immigration and Refugee Protection Act (Canada),
"residential improvement" means, in respect of an improvement constructed on and permanently affixed to a property,
(a) the improvement, if it is intended to be a dwelling, or
(b) if only part of the improvement is intended to be a dwelling, that part of the improvement that is intended to be a dwelling.
Section 4 (1) definition of "qualifying value" BEFORE amended by 2017-12-69, effective February 22, 2017 [retro from November 2, 2017 (Royal Assent)].
"qualifying value", in relation to a property, means $475 000;
Section 4 (1) definition of "principal residence" BEFORE amended by 2023-10-909, effective March 30, 2023 (Royal Assent).
"principal residence" means the usual place where an individual makes his or her home;
Section 4 (1) definition of "qualifying value" BEFORE amended by 2024-13-171, effective April 1, 2024 [retro from April 25, 2024 (Royal Assent)].
"qualifying value", in relation to a property, means $500 000;
Section 4.1 was enacted by 2007-1-16, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
Section 4.1 (b) BEFORE amended by 2008-10-89, effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(b) the principal amount secured by a first ranking mortgage, in favour of Habitat for Humanity, that is
(i) an eligible security, and
(ii) registered on or within 7 days of the registration date.
Section 5 (1) BEFORE amended by 2003-3-31(a), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(1) Subject to sections 6 to 12, a transferee who applies for registration of an eligible transaction at a land title office is exempt from the obligation to pay tax under section 2 (1) (a) on that transaction if
Section 5 (1.1) was added by 2003-3-31(b), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
Section 5 (1) (c) BEFORE repealed by 2008-10-90(a), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(c) eligible securities securing an eligible indebtedness are tendered for registration against the property with the application for registration of the eligible transaction or within 7 days after the registration date.
Section 5 (2) (b) BEFORE amended by 2008-10-90(b), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(b) disclose that
(i) eligible securities securing an eligible indebtedness are to be registered against the property on or within 7 days after the registration date, and
(ii) the property is a qualifying property, and
(c) include a consent, in the form required by the minister, by which the transferee consents to the administrator conducting inquiries respecting the transferee that the administrator considers necessary to confirm the qualifications of the transferee for the exemption.
Section 5 (1) BEFORE amended by 2016-3-49(a), effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(1) Subject to subsection (1.1) and sections 6 to 11, a transferee who applies for registration of an eligible transaction at a land title office is exempt from the obligation to pay tax under section 2 (1) (a) on that transaction if
Section 5 (2) (b) BEFORE amended by 2016-3-49(b), effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(b) disclose that the property is a qualifying property, and
Section 5 BEFORE amended by 2024-13-172, effective April 1, 2024 [retro from April 25, 2024 (Royal Assent)].
First time home buyers' exemption
5 (1) Subject to subsection (1.1) and sections 6 to 11, a transferee who applies for registration, at a land title office, of an eligible transaction in respect of a qualifying property is exempt from the obligation to pay tax under section 2 (1) (a) on that transaction if
(a) the transferee is a first time home buyer, and
(b) the transferee applies for an exemption under this section or section 6 by tendering with the application for registration an application for exemption.
(1.1) If the fair market value of a qualifying property exceeds the qualifying value of the property, the exemption under subsection (1) is the amount calculated as follows:
 |
| where | |
| FMV is the fair market value of the qualifying property, | |
| PTT is the amount of tax that would be payable on the taxable transaction under section 2 (1) (a) but for the exemption under subsection (1), and | |
| QV is the qualifying value of the qualifying property. | |
(2) An application for exemption under subsection (1) must be in the form required by the minister and must
(a) include a declaration, in the form required by the minister, by which the transferee declares that the transferee is a first time home buyer,
(b) disclose that the property to which the eligible transaction relates is a qualifying property, and
(c) include a consent, in the form required by the minister, by which the transferee consents to the administrator conducting inquiries respecting the transferee that the administrator considers necessary to confirm the qualifications of the transferee for the exemption.
Section 6 (1) and (2) BEFORE amended by 2003-3-32(a), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(1) If a qualifying property that is the subject matter of an eligible transaction is larger than 0.5 ha in area, a transferee who qualifies for an exemption under section 5 is exempt from the obligation to pay tax under section 2 (1) (a) on that transaction
(a) in respect of that portion of the fair market value of the property that is applicable to the residential improvement in which the transferee establishes a qualifying residence within the meaning of section 8 (2) on the property, and
(b) in respect of that portion of the fair market value of the property, not including improvements, that is equivalent to the ratio of 0.5 ha to the total area of the property.
(2) If a qualifying property not referred to in subsection (1) is the subject matter of an eligible transaction and has improvements on it that are in addition to the residential improvement in which the transferee establishes a qualifying residence within the meaning of section 8 (2), a transferee who qualifies for an exemption under section 5 is exempt from the obligation to pay tax under section 2 (1) (a) on that transaction
(a) in respect of that portion of the fair market value of the property that is applicable to that residential improvement, and
(b) in respect of the fair market value of the property, not including improvements.
Section 6 (3) was added by 2003-3-32(b), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
Section 6 BEFORE amended by 2024-13-173, effective April 1, 2024 [retro from April 25, 2024 (Royal Assent)].
First time home buyers' partial exemption
6 (1) Subject to subsection (3), if a qualifying property that is the subject matter of an eligible transaction is larger than 0.5 ha in area, a transferee who qualifies for an exemption under section 5 is exempt from the obligation to pay tax under section 2 (1) (a) on that transaction
(a) in respect of that portion of the fair market value of the property that is applicable to the residential improvement in which the transferee establishes a qualifying residence within the meaning of section 8 (2) on the property, and
(b) in respect of that portion of the fair market value of the property, not including improvements, that is equivalent to the ratio of 0.5 ha to the total area of the property.
(2) Subject to subsection (3), if a qualifying property not referred to in subsection (1) is the subject matter of an eligible transaction and has improvements on it that are in addition to the residential improvement in which the transferee establishes a qualifying residence within the meaning of section 8 (2), a transferee who qualifies for an exemption under section 5 is exempt from the obligation to pay tax under section 2 (1) (a) on that transaction
(a) in respect of that portion of the fair market value of the property that is applicable to that residential improvement, and
(b) in respect of the fair market value of the property, not including improvements.
(3) If the fair market value of a qualifying property exceeds the qualifying value of the property, the exemption under subsection (1) or (2) is the amount calculated as follows:
 |
| where | |
| E is the amount of the applicable exemption under subsection (1) or (2), | |
| FMV is the fair market value of the qualifying property, and | |
| QV is the qualifying value of the qualifying property. | |
Section 7 (1) BEFORE amended by 2003-3-33(a), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(1) A transferee entitled to an exemption in respect of an eligible transaction under section 5 or 6 who fails to apply for that exemption on the registration date may, within 18 months after that date, apply to the administrator under subsection (2) for a refund of the tax paid on the registration of the transaction by the transferee.
Section 7 (1.1) and (2.1) were added by 2003-3-33(b), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
Section 7 (3) BEFORE amended by 2003-3-33(c), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(3) If an application for a refund under subsection (1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to file a notice of objection under section 19.
Section 7 (1) and (1.1) BEFORE amended by 2016-3-50(a) and (b), effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(1) A transferee who is entitled to an exemption under section 5 or 6 in respect of an eligible transaction who fails to apply for that exemption on the registration date may, within 18 months after that date, apply to the administrator under subsection (2) for a refund of the tax paid on the registration of the transaction by the transferee.
(1.1) If a transferee is not entitled on the registration date to an exemption under section 5 or 6 in respect of an eligible transaction only because the transferee does not meet a requirement under paragraph (a) of the definition of "first time home buyer" on that date, the transferee may apply to the administrator for a refund of the tax paid by the transferee if
Section 7 (2.1) (a) BEFORE amended by 2016-3-50(c), effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 7 (3) BEFORE amended by 2022-11-41, effective October 1, 2022.
(3) If an application for a refund under subsection (1) or (1.1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to file a notice of objection under section 19.
Section 7 (3) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(3) If an application for a refund under subsection (1) or (1.1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to give a notice of objection under section 19.
Section 8 (2) BEFORE amended by 2003-3-34(a), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(2) For the purposes of subsection (1) (a), a transferee establishes a qualifying residence on a property if
(a) the property contains a residential improvement on the registration date and the residential improvement is the transferee's principal residence throughout a period beginning on a date that is not more than 92 days after the registration date and continuing to a date that is not earlier than the first anniversary date of the registration date, or
(b) the property does not contain a residential improvement on the registration date, and, within 12 months after that date,
(i) a residential improvement is constructed on the property,
(ii) the transferee inhabits the residential improvement, as the transferee's principal residence, between the time it is completed and the first anniversary date of the registration date, and
(iii) the total of the fair market value of the property as at the registration date and the costs incurred to establish the residential improvement does not exceed the qualifying value of the property.
Section 8 (3) (a) BEFORE amended by 2003-3-34(b), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(a) is between the transferee and a person who is not a related individual to the transferee,
Section 8 (1) (c) BEFORE amended by 2005-16-34, effective February 16, 2005 [retro from March 3, 2005 (Royal Assent)].
(c) ensure that, in the first 12 months after the registration date, the indebtedness secured by eligible securities registered against the property is not reduced by more than,
(i) for a property referred to in paragraph (a) of the definition of "qualifying value", the greater of
(A) $11 000, and
(B) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at a land title office, or
(ii) for a property referred to in paragraph (b) of the definition of "qualifying value", the greater of
(A) $9 000, and
(B) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at a land title office.
Section 8 (1) (c) BEFORE amended by 2005-16-35, effective February 16, 2006.
(c) ensure that, in the first 12 months after the registration date, the indebtedness secured by eligible securities registered against the property is not reduced by more than the following:
(i) if the registration date is on or after February 16, 2005 and the property is property referred to in paragraph (a) of the definition of "qualifying value", the greater of
(A) $13 000, and
(B) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at a land title office;
(ii) if the registration date is on or after February 16, 2005 and the property is property referred to in paragraph (b) of the definition of "qualifying value", the greater of
(A) $10 600, and
(B) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at a land title office;
(iii) if the registration date is before February 16, 2005 and the property is property referred to in paragraph (a) of the definition of "qualifying value", the greater of
(A) $11 000, and
(B) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at a land title office;
(iv) if the registration date is before February 16, 2005 and the property is property referred to in paragraph (b) of the definition of "qualifying value", the greater of
(A) $9 000, and
(B) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at a land title office.
Section 8 (1) (c) BEFORE amended by 2007-1-17, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].
(c) ensure that, in the first 12 months after the registration date, the indebtedness secured by eligible securities registered against the property is not reduced by more than the following:
(i) if the property is property referred to in paragraph (a) of the definition of "qualifying value", the greater of
(A) $13 000, and
(B) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at a land title office;
(ii) if the property is property referred to in paragraph (b) of the definition of "qualifying value", the greater of
(A) $10 600, and
(B) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at a land title office;
(iii) and (iv) [Repealed 2005-16-35.]
Section 8 (1) BEFORE amended by 2008-10-91(a), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(1) A transferee who has applied for an exemption under section 5 or 6 or a refund under section 7 must
(a) establish a qualifying residence on the property within the meaning of subsection (2) of this section,
(b) ensure that eligible securities securing an eligible indebtedness are registered against the property within 7 days of the registration date, and
(c) ensure that, in the first 12 months after the registration date, the indebtedness secured by eligible securities registered against the property is not reduced by more than the greater of
(i) $13 000, and
(ii) the amount that would reduce that indebtedness to 70% of the fair market value of the property as at the date on which the application for registration of the eligible transaction was made at the land title office.
Section 8 (3) and (4) BEFORE repealed by 2008-10-91(b), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(3) For the purposes of subsection (1) (b), if a transferee, within 12 months after the registration date, replaces all or any of the eligible securities referred to in section 5 (1) (c) with one or more mortgages or agreements for sale, the replacement securities are deemed to be eligible securities securing an eligible indebtedness if each of those securities
(a) is between the transferee and a person that is not
(i) a corporation, other than a public company as defined in section 1 of the Business Corporations Act, S.B.C. 2002, c. 57, of which the transferee is a shareholder or of which one or more individuals who are related persons in relation to the transferee are shareholders,
(ii) a trustee on behalf of a trust of which the transferee is a beneficiary or of which one or more individuals who are related persons in relation to the transferee are beneficiaries, or
(iii) a related person in relation to the transferee,
(b) has a term expiring no earlier than the first anniversary date of the registration date, and
(c) is registered no later than 7 days after the cancellation of the eligible security or eligible securities that it replaces.
(4) Any amount by which the replacement indebtedness referred to in subsection (3) is less than the indebtedness it replaces is deemed to be a reduction of the eligible indebtedness for the purposes of subsection (1) (c).
Section 8 (2) BEFORE amended by 2016-3-51, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(2) For the purposes of subsection (1) (a), a transferee establishes a qualifying residence on a property if, on the registration date,
Section 9 (1) (c) BEFORE amended by 2003-3-35(a), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(c) fails, refuses or ceases to comply with section 8.
Section 9 (2) BEFORE amended by 2003-3-35(b), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
(2) A transferee referred to in subsection (1) must pay to the administrator as a tax liability the amount of tax that the transferee would have been obliged to pay under section 2 (1) (a) had the transferee not received the exemption or refund.
Section 9 (1.1) and (2.1) were added by 2003-3-35(c), effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
Section 9 (1) (a) BEFORE amended by 2008-10-92(a), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(a) fails or ceases to qualify for an exemption under section 5 (1) (a) or (c),
Section 9 (1.1) BEFORE amended by 2008-10-92(b), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(1.1) If a transferee does not meet the obligations under section 8 only because the transferee, before the first anniversary of the registration date,
(a) fails to establish a qualifying residence as required under section 8 (2) (a) (ii) or (2) (b) (i) (B) as applicable, or
(b) reduces by more than is permitted under section 8 (1) (c) the indebtedness secured by eligible securities registered against the property,
the transferee is liable under subsection (2.1) from the date that the earlier of the events referred to in paragraph (a) or (b) occurs.
Section 9 (4) BEFORE repealed by 2008-10-92(c), effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(4) A transferee who has obtained a tax credit under section 3.1 of the Property Transfer Tax Act, S.B.C. 1987, c. 15, in respect of an eligible transaction and who obtains, in respect of the that eligible transaction, an exemption under section 5 or 6 or a refund under section 7, must pay to the administrator as a tax liability the amount of the tax credit that the transferee received.
Section 10 (part) BEFORE amended by 2003-3-36, effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
Section 9 (1) and (2) does not apply to a transferee who has obtained an exemption under section 5 or 6 or a refund under section 7 if
Section 10 (a) BEFORE amended by 2007-31-28, effective May 31, 2007 (Royal Assent).
(a) the transferee does not comply with section 8 (1) (c) only because
(i) the transferee dies within the first 12 months after the registration date, and
(ii) life insurance proceeds are, under the terms of a contract of life insurance, payable and paid on the death of the transferee to reduce the eligible indebtedness, or
Section 10 BEFORE re-enacted by 2008-10-93, effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
Exemption retained
10 Section 9 (1) to (2.1) does not apply to a transferee who has obtained an exemption under section 5 or 6 or a refund under section 7 if
(a) the transferee does not comply with section 8 (1) (c) only because
(i) the transferee dies within the first 12 months after the registration date, and
(ii) life insurance proceeds are, under the terms of a contract of life insurance, payable and paid on the death of the transferee to reduce the eligible indebtedness,
(a.1) the transferee does not comply with section 8 (1) (c) only because, within the first 12 months after the registration date, insurance proceeds are, under the terms of a contract of critical illness or injury insurance, payable and paid to a lender under an eligible security, or
(b) the transferee does not comply with section 8 (2) (a) or (b) only because
(i) the transferee dies before the first anniversary date of the registration date, or
(ii) the property is transferred by the transferee pursuant to a written separation agreement or a court order under the Family Relations Act.
Section 10 (b) BEFORE amended by 2011-25-428, effective March 18, 2013 (BC Reg 131/2012).
(b) the property is transferred by the transferee pursuant to a written separation agreement or a court order under the Family Relations Act.
Section 10.1 (1) definition of "qualifying property", paragraph (a) BEFORE amended by 2024-13-175, effective January 1, 2025.
(a) that is the subject matter of an eligible transaction in respect of which the residential property value exceeds $3 000 000, and
Section 10.2 (1) (part) BEFORE amended by 2024-13-177, effective January 1, 2024 [retro from April 25, 2024 (Royal Assent)].
(1) Subject to subsection (2) and sections 10.3 to 10.6, a transferee who applies for registration, at a land title office, of an eligible transaction in respect of a qualifying property is exempt from the obligation to pay tax on the transaction in accordance with section 3 (1) (d) if
Section 10.2 (1) (part) BEFORE amended by 2024-13-178(a), effective January 1, 2025.
(1) Subject to subsection (2) and sections 10.3 to 10.6, a transferee who, on or after January 1, 2024, applies for registration, at a land title office, of an eligible transaction in respect of a qualifying property is exempt from the obligation to pay tax on the transaction in accordance with section 3 (1) (d) if
Section 10.2 (2) (part) BEFORE amended by 2024-13-178(b), effective January 1, 2025.
(2) The exemption under subsection (1) is the amount of the tax payable in accordance with section 3 (1) (d)
Section 10.3 (3) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(3) If an application for a refund under subsection (1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to give a notice of objection under section 19.
Section 10.3 (1) BEFORE amended by 2024-13-180, effective January 1, 2025.
(1) A transferee who is entitled to an exemption under section 10.2 in respect of an eligible transaction and who fails to apply for that exemption on the registration date may, within 18 months after that date, apply to the administrator for a refund of the tax paid in accordance with section 3 (1) (d) on the registration of the transaction by the transferee.
Section 11 (4) BEFORE amended by 2008-10-94, effective February 20, 2008 [retro from May 1, 2008 (Royal Assent)].
(4) A lien created on the property under subsection (2) or renewed under subsection (3) (b) has priority over all other claims of every person except
(a) the eligible securities, and
(b) any other claims secured by liens, charges or encumbrances registered against the property before the date on which the lien form referred to in subsection (1) was registered to create the lien.
Section 11 (1) and (5) BEFORE amended by 2016-3-52, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(1) In order to secure the amount of the tax liability that a transferee is or may be obligated to pay to the administrator under section 9, the administrator may register against the property in the appropriate land title office a lien form claiming a lien conferred by this section in the same manner that a charge is registered under the Land Title Act.
(5) If the administrator registers a lien form in respect of a tax liability under subsection (1) or a renewal of lien under subsection (3) (b) and it is subsequently determined that the amount referred to in the lien form or renewal of lien is different than the amount of the tax liability to which the transferee is or may be obligated to pay to the administrator under section 9, the administrator may correct the amount by
Section 12 BEFORE amended by 2003-3-37, effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
False declaration
12 A transferee who obtains an exemption under section 5 or 6 or a refund under section 7 must pay to the administrator, in addition to the amount of tax that the transferee is obliged to pay to the administrator under section 9, a penalty equal to that amount of tax if
(a) the transferee is not qualified under section 5 to receive an exemption, and
(b) the administrator determines that the declaration provided by the transferee under section 5 (2) or the application for refund provided by the transferee under section 7 is false or misleading in respect of the matters referred to in paragraph (c) of the definition of "first time home buyer".
Section 12 was re-enacted by 2016-3-53, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
False declaration
12 If the administrator determines that a transferee who applies for an exemption under section 5 or 6 or for a refund under section 7
(a) is not qualified under section 5 to receive exemption from tax under section 2 (1) (a) or under section 7 for a refund, and
(b) provided a declaration under section 5 (2) or an application under section 7 that is false or misleading in respect of the matters referred to in paragraph (c) or (d) of the definition of "first time home buyer",
the transferee must pay to the administrator, in addition to the amount of tax that the transferee is obliged to pay the administrator under section 2 (1) (a) or 9, as applicable, a penalty in an amount equal to the amount of the exemption or refund claimed.
Section 12 (1) to (8) was enacted by 2016-3-54, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 12 BEFORE re-enacted by 2016-3-53, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
False declaration
12 If the administrator determines that a transferee who applies for an exemption under section 5 or 6 or for a refund under section 7
(a) is not qualified under section 5 to receive exemption from tax under section 2 (1) (a) or under section 7 for a refund, and
(b) provided a declaration under section 5 (2) or an application under section 7 that is false or misleading in respect of the matters referred to in paragraph (c) or (d) of the definition of "first time home buyer",
the transferee must pay to the administrator, in addition to the amount of tax that the transferee is obliged to pay the administrator under section 2 (1) (a) or 9, as applicable, a penalty in an amount equal to the amount of the exemption or refund claimed.
Section 12 BEFORE amended by 2023-23-150, effective January 1, 2024.
False declaration
12 If the administrator determines that a transferee who applies for an exemption under section 5 or 6 or a refund under section 7 or makes an application under section 12.12
(a) is not qualified under section 5 to receive an exemption from tax under section 2 (1) (a) or to obtain a refund under section 7, and
(b) provided a declaration under section 5 (2) or an application under section 7 or 12.12 that is false or misleading in respect of the matters referred to in paragraph (c) or (d) of the definition of "first time home buyer" in section 4 (1),
the transferee must pay to the administrator, in addition to the amount of tax that the transferee is obliged to pay the administrator under section 2 (1) (a), 9 or 12.12 (8), as applicable, a penalty in an amount equal to the amount of the exemption, refund or credit claimed in the application.
Section 12 (5) sandwich text BEFORE amended by 2024-13-186, effective January 1, 2024 [retro from April 25, 2024 (Royal Assent)].
the transferee must pay to the administrator, in addition to the amount of tax that the transferee is obliged to pay the administrator under section 10.5, a penalty in an amount equal to 0.2% of that amount of tax for each week between the time the notice was required by section 10.4 (3) to be provided and the time the notice is received by the administrator.
Section 12 (2) BEFORE amended by 2024-13-184, effective January 1, 2025.
(2) If the administrator determines that a transferee who applies for an exemption under section 10.2 or a refund under section 10.3
(a) is not entitled under section 10.2 to receive an exemption from the obligation to pay tax in accordance with section 3 (1) (d) or to obtain a refund under section 10.3, and
(b) provided a declaration under section 10.2 (3) or an application under section 10.3 that is false or misleading,
the transferee must pay to the administrator, in addition to the amount of tax that the transferee is obliged to pay the administrator in accordance with section 3 (1) (d), a penalty in an amount equal to that amount of tax.
Sections 12.01 to 12.08 were enacted by 2016-3-54, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 12.01 (1) definition of "principal residence" BEFORE amended by 2023-10-910, effective March 30, 2023 (Royal Assent).
"principal residence" means the usual place where an individual makes his or her home;
Section 12.01 (1) definition of "qualifying value" BEFORE amended by 2024-13-187, effective April 1, 2024 [retro from April 25, 2024 (Royal Assent)].
"qualifying value", in respect of a property, means $750 000;
Section 12.04 (5) BEFORE amended by 2022-11-41, effective October 1, 2022.
(5) If an application for a refund under subsection (1) or (2) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to file a notice of objection under section 19.
Section 12.04 (5) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(5) If an application for a refund under subsection (1) or (2) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to give a notice of objection under section 19.
Section 12.06 (4) BEFORE amended by 2022-11-41, effective October 1, 2022.
(4) If an application for a refund under subsection (1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to file a notice of objection under section 19.
Section 12.06 (4) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(4) If an application for a refund under subsection (1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to give a notice of objection under section 19.
Sections 12.09 to 12.12 were enacted by 2016-3-55, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
Section 12.11 (8) BEFORE amended by 2022-11-41, effective October 1, 2022.
(8) If an application under subsection (1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to file a notice of objection under section 19.
Section 12.11 (8) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(8) If an application under subsection (1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to give a notice of objection under section 19.
Section 12.12 (7) BEFORE amended by 2022-11-41, effective October 1, 2022.
(7) If an application under subsection (1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to file a notice of objection under section 19.
Section 12.12 (7) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(7) If an application under subsection (1) is refused, the administrator must send a letter to the applicant stating the reason for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the applicant to give a notice of objection under section 19.
Section 12.13 (3) to (5) BEFORE amended by 2018-4-59, effective March 15, 2018 (Royal Assent).
(3) If the transferee is an individual,
(a) the return must state whether or not the transferee is a Canadian citizen or a permanent resident of Canada, and
(b) in the case of a transferee who is not a Canadian citizen or a permanent resident of Canada, the return must state whether or not the transferee is a citizen of a foreign country or state and, if so, must identify the foreign country or state.
(4) If the transferee is a corporation,
(a) the return must state the total number of directors of the transferee and the number of those directors who are Canadian citizens or permanent residents of Canada, and
(b) in relation to each director of the transferee who is not a Canadian citizen or a permanent resident of Canada,
(i) the return must state the name and address of the director, and
(ii) the return must state whether or not the director is a citizen of a foreign country or state and, if so, must identify the foreign country or state.
(5) If the transferee is, as a bare trustee of a trust, acquiring the land to which the taxable transaction relates, the return must include, in addition to the information required under subsection (3) or (4), as applicable, the following information in relation to each settlor and each beneficiary of the trust:
(a) in the case of a settlor or a beneficiary who is an individual,
(i) the return must state the name and address of the settlor or beneficiary and whether or not the settlor or beneficiary is a Canadian citizen or a permanent resident of Canada, and
(ii) in the case of a settlor or a beneficiary who is not a Canadian citizen or a permanent resident of Canada, the return must state whether or not the settlor or beneficiary is a citizen of a foreign country or state and, if so, must identify the foreign country or state;
(b) in the case of a settlor or a beneficiary that is a corporation,
(i) the return must state the name and address of each director of the settlor or beneficiary and whether or not the director is a Canadian citizen or a permanent resident of Canada, and
(ii) in the case of a director who is not a Canadian citizen or a permanent resident of Canada, the return must state whether or not the director is a citizen of a foreign country or state and, if so, must identify the foreign country or state.
Section 13 BEFORE amended by 2016-27-7, effective August 2, 2016.
Certifying the return
13 The return required by section 2 must be certified
(a) if no exemption is claimed, by the transferee or a person with actual authority to certify the return on behalf of the transferee,
(b) if an exemption is claimed and the transferee is an individual, by a transferee or by an agent of the transferee who has personal knowledge of the matters certified, or
(c) if an exemption is claimed and the transferee is a corporation, by a person who has personal knowledge of the matters certified and actual authority to certify the return on behalf of the transferee.
Section 13.1 was enacted by 1999-35-8 and enacted by 2003-96-45, effective December 12, 2003 (BC Reg 471/2003).
Section 13.1 BEFORE re-enacted by 2018-37-31, effective November 15, 2019 (BC Reg 171/2019).
Electronic returns
13.1 (1) An electronic return must be signed in accordance with this section before it is filed under section 2 (1.1) (b).
(2) An electronic return is signed for the purposes of this section when the electronic signature of a subscriber has been incorporated into the electronic return in accordance with the policies established by the administrator.
(3) A subscriber must not incorporate his or her electronic signature into an electronic return unless
(a) a true copy of the electronic return has been certified in accordance with section 13, and
(b) the true copy referred to in paragraph (a), or a copy of that true copy, is in the possession of the subscriber.
(4) The incorporation of the electronic signature of a subscriber into an electronic return in accordance with this section is a certification by the subscriber of the facts referred to in subsection (3) (a) and (b).
(5) A transferee on whose behalf an electronic return has been filed under this Act, or any other person specified in the policies established by the administrator, must
(a) retain the true copy of the electronic return referred to in subsection (3) (a), or a copy of that true copy, for the period established by the administrator, and
(b) produce it to the administrator for inspection if requested by the administrator.
Section 13.2 was enacted by 1999-35-8 and re-enacted by 2003-96-45, effective December 12, 2003 (BC Reg 471/2003).
Section 13.2 (1) BEFORE amended by 2004-12-33, effective March 31, 2004 (Royal Assent).
(1) A copy of an electronic return that is
(a) obtained from the records of the administrator, and
(b) certified by the administrator to be a true copy of the electronic return
is conclusive evidence of the electronic return.
Section 13.2 (2) BEFORE amended by 2018-37-32, effective November 15, 2019 (BC Reg 171/2019).
(2) A certification of the administrator under subsection (1) is conclusive evidence that
(a) the technology and procedure used by the administrator to receive, store, retrieve and copy the electronic return is capable of recording and reproducing all significant details of the electronic return without any additions, deletions or changes, and
(b) the electronic return was received, stored, retrieved and copied by the administrator in the usual and ordinary course of business.
Section 14 (4) (r) BEFORE amended by 2000-24-32, effective November 1, 2000 (BC Reg 280/2000).
(r) a transfer from the Director, the Veterans' Land Act (Canada), to a veteran or the spouse, widow or widower of a veteran;
Section 14 (4) (f) BEFORE repealed by 2002-25-65, effective July 12, 2002 (BC Reg 200/2002).
(f) a transfer to the corporation continued under section 2 of the Health Research Foundation Act;
Section 14 (4) (e) BEFORE repealed by 2002-25-65, effective January 1, 2003 (BC Reg 348/2002).
(e) a transfer to the corporation established under Part 3 of the Hospital Act;
Section 14 definition "related individual" BEFORE amended by 2003-3-38, effective February 19, 2003 [retro from March 12, 2003 (Royal Assent)].
"related individual" means a related individual who is a citizen or a permanent resident of Canada;
Section 14 (4) (a) BEFORE amended by 2002-61-19, effective March 14, 2003 (BC Reg 78/2003).
(a) a transfer to a board or council as defined by section 1 of the Health Authorities Act for the purposes of that Act;
Section 14 (4) (t) BEFORE amended by 1999-35-9(a), effective December 12, 2003 (BC Reg 471/2003).
(t) a transfer for the purpose of reconveying property
(i) that was conveyed in error, or
(ii) in respect of which an error was made in the description or survey under which title to the property was registered,
if the administrator is satisfied the transfer was made for that purpose and a copy of the administrator's certificate to that effect is attached to the return filed under section 2;
Section 14 (u) (ii) BEFORE amended by 1999-35-9(b), effective December 12, 2003 (BC Reg 471/2003).
(ii) a certificate of amalgamation is attached to the return filed under section 2 by the continuing corporation;
Section 14 (3) (s) BEFORE amended by 2003-52-472(a), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(s) a transfer to a regional district, municipality, an improvement district, the Okanagan Basin Water Board, the Islands Trust, a board of school trustees as defined in the School Act, a francophone education authority as defined in the School Act, a water users' community as defined in the Water Act, a regional hospital district, a library board as defined in the Library Act, a greater board as defined in the Local Government Act, or any board incorporated by letters patent that provides services similar to those provided by a greater board;
Section 14 (3) (t) BEFORE amended by 2003-52-472(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(t) a transfer to the government in accordance with a bylaw under section 305.2 [exchange of dedicated land] or 525 (3) [transfer of title to highways] of the Local Government Act;
Section 14 (3) (t.1) was added by 2003-52-472(b), effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
Section 14 (4) (u) (i) BEFORE amended by 2003-70-237, effective March 29, 2004 (BC Reg 64/2004).
(i) the amalgamation was effected under sections 247 to 251 of the Company Act, under sections 181 to 186 of the Canada Business Corporations Act (Canada) or under similar provisions of an enactment of Canada or of a province, and
Section 14 (1) definitions of "family member", "sibling" and "spouse" were added by 2004-28-31(a), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
Section 14 (1) definition of "family farm", paragraph (a) BEFORE amended by 2004-28-31(b), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
(a) is used, owned and farmed by one individual or by related individuals,
Section 14 (1) definition of "family farm", paragraph (c) BEFORE amended by 2004-28-31(c), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
(c) for the purpose of an exemption claimed under subsection (3) (c) or (d), was used, owned and farmed by the settlor or the deceased;
Section 14 (3) (a) BEFORE amended by 2004-28-31(d), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
(a) a transfer from a transferor who is not a trustee referred to in paragraph (c) or (d), to a transferee who is a related individual, if the land transferred is a family farm or a recreational residence;
Section 14 (3) (c) (ii) BEFORE amended by 2004-28-31(e), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
(ii) the deceased and the transferee beneficiary were related individuals at the time of the deceased's death, and
Section 14 (3) (c) (iii) (A) BEFORE amended by 2004-28-31(f), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
(A) was the deceased's family farm, recreational residence or principal residence, or
Section 14 (3) (d) (ii) and (iii) BEFORE amended by 2004-28-31(g) and (h), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
(ii) the settlor of the trust and the transferee beneficiary are related individuals, and
(iii) the land transferred is a family farm or a recreational residence or was the principal residence of either the settlor for a continuous period of at least 6 months immediately before the date of transfer or of the transferee beneficiary for that period;
Section 14 (3) (c.1), (c.2), (d.1) and (d.2) were added by 2004-28-31(i), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
Section 14 (3) (e) (ii) BEFORE amended by 2004-28-31(j), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
(ii) the settlor of the trust and the transferee beneficiary are related individuals,
Section 14 (3) (f) and (g) BEFORE amended by 2004-28-31(k) and (l), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
(f) a transfer from a transferor to a transferee, if the land transferred is a family farm, the transferee is a family farm corporation and either
(i) the transferor is the sole shareholder or is a related individual to all the shareholders of the family farm corporation, or
(ii) the transferor is a shareholder of the family farm corporation and all the remaining shareholders of the family farm corporation, if any, are related individuals of the transferor;
(g) a transfer from a transferor to a transferee, if the land transferred is a family farm, the transferor is a family farm corporation and either
(i) the transferee is the sole shareholder or is a related individual to all the shareholders of the family farm corporation, or
(ii) the transferee is a shareholder of the family farm corporation and all the remaining shareholders of the family farm corporation, if any, are related individuals of the transferee;
Section 14 (4) (p.2) and (p.3) were added by 2004-28-31(m), effective February 18, 2004 [retro from April 29, 2004 (Royal Assent)].
Section 14 (4) (p) BEFORE amended by 2004-48-136, effective December 31, 2004 (BC Reg 597/2004).
(p) a transfer from a settlor to the Public Guardian and Trustee or a trustee that is a trust company under the Financial Institutions Act authorized to carry on trust business by a business authorization issued under that Act, if
(i) the settlor is a natural person,
(ii) the settlor was the registered owner of the fee simple interest in the land immediately before the transfer to the trustee,
(iii) the administration of the trust estate is for the sole benefit of the settlor, and
(iv) on the termination of the trust the land reverts to the settlor or to the executor or administrator of the settlor's estate;
Section 14 (4) (p) BEFORE amended by 2005-2-16, effective December 31, 2004 [retro from February 22, 2005 (Royal Assent)].
(p) a transfer from a settler to the Public Guardian and Trustee or a trustee that is a trust company or credit union authorized under the Financial Institutions Act to carry on trust business by a business authorization under that Act, if
Section 14 (1) definition "family farm", paragraph (c) BEFORE amended by 2006-2-19(a), effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
(c) for the purpose of an exemption claimed under subsection 3 (c), (c.1), (c.2), (d), (d.1) or (d.2), was used, owned and farmed by the settlor or the deceased;
Section 14 (1) definition "family farm corporation" BEFORE amended by 2006-2-19(b), effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
"family farm corporation" means a corporation of which the principal activity is farming farm land;
Section 14 (1) definition "recreational residence", subparagraph (a) (ii) BEFORE amended by 2006-2-19(c), effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
(ii) if an exemption is claimed under subsection (3) (c) or (d), the settlor or the deceased usually resided on a seasonal basis for recreational purposes,
Section 14 (3) (c.2) (ii) (C) BEFORE amended by 2006-2-19(d), effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
(C) the transferee was a spouse of a sibling of the deceased;
Section 14 (4) (p.2) BEFORE amended by 2006-2-19(e), effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
(p.2) a transfer to the Public Guardian and Trustee, if
(i) the land transferred is to be held in trust by the Public Guardian and Trustee for the sole benefit of a minor,
(ii) the minor is a related individual of the transferor or of the person whose estate is the transferor, and
(iii) the land transferred is a family farm or recreational residence or was the principal residence of the transferor, of the person whose estate is the transferor or of the minor;
Section 14 (4) (p.21) and (p.22) was added by 2006-2-19(e), effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
Section 14 (4) (w) was added by 2006-2-19(f), effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
Section 14 (5) BEFORE amended by 2006-2-19(g), effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
(5) For the purposes of an exemption under subsection (3) (c) or (d), no more than one recreational residence may be claimed in respect of the deceased's estate or, as the case may be, the trust referred to in paragraph (d) of that subsection.
Section 14 (3) (p.3) was added by 2010-2-94(a), effective March 3, 2010 [retro from March 31, 2010 (Royal Assent)].
Section 14 (4) (t) BEFORE amended by 2010-2-94(b), effective March 3, 2010 [retro from March 31, 2010 (Royal Assent)].
(t) a transfer for the purpose of reconveying property
(i) that was conveyed in error, or
(ii) in respect of which an error was made in the description or survey under which title to the property was registered,
if the administrator is satisfied the transfer was made for that purpose as evidenced by an administrator's certificate to that effect;
Section 14 (3) (h) BEFORE amended by 2011-25-428, effective March 18, 2013 (BC Reg 131/2012).
(h) a transfer from a transferor to a transferee who is a spouse or former spouse of the transferor and the transfer is made pursuant to a written separation agreement or a court order under the Family Relations Act;
Section 14 (1) definition of "family farm" BEFORE amended by 2013-17-31(a) and (b), effective July 25, 2013 (Royal Assent).
"family farm" means farm land that
(a) is used, owned and farmed by one individual or by family members,
(b) is used, owned and farmed by a family farm corporation, or
(c) for the purpose of an exemption claimed under subsection (3) (c), (c.1), (c.2), (d), (d.1) or (d.2) or subsection (4) (p.22) (ii) (B), was used, owned and farmed by the settlor or the deceased;
Section 14 (1) definition of "family farm", paragraph (d) was added by 2013-17-31(b), effective July 25, 2013 (Royal Assent).
Section 14 (3) (u) BEFORE amended by 2014-1-13, effective March 25, 2014 (BC Reg 43/2014).
(u) a transfer to the Provincial Capital Commission, if the land transferred is used solely for park purposes;
Section 14 (3) (t) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(t) a transfer to the government in accordance with a bylaw under section 27 [exchange or other disposal of park land] of the Community Charter or 304 [exchange of park land] of the Local Government Act;
Section 14 (3) (s) BEFORE amended by 2014-15-192, effective February 29, 2016 (BC Reg 35/2016).
(s) a transfer to a regional district, municipality, an improvement district, the Okanagan Basin Water Board, the Islands Trust, a board of school trustees as defined in the School Act, a francophone education authority as defined in the School Act, a water users' community as defined in the Water Act, a regional hospital district, a library board as defined in the Library Act, a greater board as defined in the Community Charter, or any board incorporated by letters patent that provides services similar to those provided by a greater board;
Section 14 (1) definitions of "family member", "related individual", "sibling" and "spouse" BEFORE amended by 2014-3-57(a) and (b), effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
"family member" means a Canadian citizen or a permanent resident, as defined in the Immigration and Refugee Protection Act (Canada), who is
means a related individual who is a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);
"sibling" means a sibling who is a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada);
"spouse" means a spouse who is a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act (Canada).
Section 14 (1) definition of "settlor" BEFORE repealed by 2016-3-57(c), effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
"settlor" means, in relation to land held in trust, the person who
(a) contributed the land to the trust estate, or
(b) contributed to the trust estate the assets used to acquire the land,
whether or not that person is the creator of the trust;
Section 14 (4) (w) (i) and (ii) BEFORE amended by 2015-18-341, effective November 28, 2016 (BC Reg 216/2015).
(i) the amalgamation was effected under section 17 of the Society Act, and
(ii) at the request of the administrator and within the time period specified by the administrator, the new society files with the administrator a certificate of incorporation respecting the amalgamation.
Section 14 (3) (o) and (p) BEFORE amended by 2018-4-61, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
(o) a transfer from the trustee in bankruptcy to the bankrupt of land forming part of the estate of the bankrupt, if no consideration for the transfer is paid by or on behalf of the transferee and a declaration to that effect is made by the transferee and the transferor in the return filed under section 2;
(p) a transfer from the trustee in bankruptcy to the spouse or former spouse of the bankrupt of land forming part of the estate of the bankrupt, if
(i) the land transferred was the principal residence of the bankrupt immediately before the date of the bankruptcy, and
(ii) no consideration for the transfer is paid by or on behalf of the transferee and a declaration to that effect is made by the transferee and the transferor in the return filed under section 2;
Section 14 (1) definition of "family member" BEFORE amended by 2023-10-911(a), effective March 30, 2023 (Royal Assent).
"family member" means an individual who is a Canadian citizen or a permanent resident of Canada and who is
(b) a person's sibling, cousin, niece, nephew, aunt or uncle,
(c) the spouse of a person's sibling, cousin, niece, nephew, aunt or uncle, or
(d) the sibling, cousin, niece, nephew, aunt or uncle of a person's spouse;
Section 14 (1) definition "principal residence", paragraph (a) BEFORE amended by 2023-10-911(b), effective March 30, 2023 (Royal Assent).
(a) on which the person in relation to whose residency the exemption under this section is claimed usually resided and used as his or her home,
Section 14 (3) (q) BEFORE amended by 2023-10-912, effective March 30, 2023 (Royal Assent).
(q) a transfer to a person in his or her capacity as personal representative, if the land transferred is part of the deceased's estate;
Section 15 (1) and (3) BEFORE amended by 2006-2-20, effective February 22, 2006 [retro from March 28, 2006 (Royal Assent)].
(1) If a taxable transaction does not qualify for exemption in relation to a principal residence under section 14 (3) (b) to (e) only because there are improvements on the parcel that are not classified under section 19 of the Assessment Act as property used for residential purposes, the taxable transaction is exempt to the extent provided in subsection (2).
(3) If a taxable transaction does not qualify for exemption in relation to a principal residence under section 14 (3) (b) to (e)
(a) only because the parcel of land involved is larger than 0.5 ha in area, or
(b) because the parcel of land involved is larger than 0.5 ha in area and because there are improvements on the parcel that are not classified under section 19 of the Assessment Act as property used for residential purposes,
the taxable transaction is exempt to the extent provided in subsection (4).
Section 15 (1) and (3) BEFORE amended by 2018-4-62, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
(1) If a taxable transaction does not qualify for exemption in relation to a principal residence under section 14 (3) (b) to (e) or (4) (p.2) only because there are improvements on the parcel that are not classified under section 19 of the Assessment Act as property used for residential purposes, the taxable transaction is exempt to the extent provided in subsection (2).
(3) If a taxable transaction does not qualify for exemption in relation to a principal residence under section 14 (3) (b) to (e) or (4) (p.2)
(a) only because the parcel of land involved is larger than 0.5 ha in area, or
(b) because the parcel of land involved is larger than 0.5 ha in area and because there are improvements on the parcel that are not classified under section 19 of the Assessment Act as property used for residential purposes,
the taxable transaction is exempt to the extent provided in subsection (4).
Section 15 BEFORE re-enacted by 2020-18-59, effective August 14, 2020 (Royal Assent).
Partial exemption for certain residences
15 (1) If a taxable transaction does not qualify for exemption in relation to a principal residence under section 14 (3) (b), (c), (d), (e) or (p) or (4) (p.2) only because there are improvements on the parcel that are not classified under section 19 of the Assessment Act as property used for residential purposes, the taxable transaction is exempt to the extent provided in subsection (2).
(2) A taxable transaction that is exempt under subsection (1)
(a) is exempt in respect of the fair market value, determined in the prescribed manner, of the interest in those improvements transferred that are improvements classified under section 19 of the Assessment Act as property used for residential purposes, and
(b) is exempt in respect of the fair market value, determined in the prescribed manner, of the land transferred not including improvements.
(3) If a taxable transaction does not qualify for exemption in relation to a principal residence under section 14 (3) (b), (c), (d), (e) or (p) or (4) (p.2)
(a) only because the parcel of land involved is larger than 0.5 ha in area, or
(b) because the parcel of land involved is larger than 0.5 ha in area and because there are improvements on the parcel that are not classified under section 19 of the Assessment Act as property used for residential purposes,
the taxable transaction is exempt to the extent provided in subsection (4).
(4) A taxable transaction that is exempt under subsection (3)
(a) is exempt in respect of the fair market value, determined in the prescribed manner, of the interest in those improvements transferred that are improvements classified under section 19 of the Assessment Act as property used for residential purposes, and
(b) is exempt in respect of that portion of the fair market value, determined in the prescribed manner, of the land transferred, not including improvements, that is equivalent to the ratio of 0.5 ha to the total area of the parcel.
Section 16 (5) BEFORE amended by 1999-35-10, effective December 12, 2003 (BC Reg 471/2003).
(5) The administrator may, by certificate attached to the return filed under section 2, postpone for up to 6 months the time at which tax would otherwise be payable, if satisfied that a conservation covenant is intended to be registered within that time against the title to the land to which the taxable transaction relates.
Section 16 (3), (7) and (8) BEFORE amended by 2016-27-9, effective August 2, 2016.
(3) A taxable transaction is exempt from the payment of tax to the extent provided in subsection (4) if, at the time of registration of the taxable transaction, a conservation covenant is registered against the title to the land to which the taxable transaction relates.
(7) After receiving an application under subsection (6) and on being satisfied that the taxable transaction would have been exempt from tax had the conservation covenant been registered at the time of the taxable transaction, the administrator must
(a) pay out of the consolidated revenue fund a refund of the tax paid equivalent to the amount of exemption to which the transferee would have been entitled had the conservation covenant been registered at the time of the taxable transaction, or
(b) send a letter to the transferee stating the reasons for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the transferee to file a notice of objection under section 19.
(8) If a conservation covenant is discharged after the taxable transaction has been exempt from taxation because of this section or after the transferee has received a refund under this section, the person registered in the land title office at the time of discharge as owner of the fee simple interest in the land against which the covenant was registered must, at the time of discharge,
(a) file a return referred to in section 2 (1), and
(b) pay to the government, as tax payable under this Act, an amount equal to the tax that would be payable at that time were the title to the land being transferred to that person as transferee in a taxable transaction referred to in paragraph (a) (i) of the definition of "taxable transaction".
Section 16 (7) (b) BEFORE amended by 2022-11-41, effective October 1, 2022.
(b) send a letter to the transferee stating the reasons for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the transferee to file a notice of objection under section 19.
Section 16 (7) (b) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(b) send a letter to the transferee stating the reasons for the refusal, and the letter is deemed to be a notice of assessment for the purposes of allowing the transferee to give a notice of objection under section 19.
Section 18 (6), (6.1) and (6.2) BEFORE amended by 2006-17-11(a), effective March 30, 2006 (Royal Assent).
(6) If an exemption has been applied for under section 5 or 6 or a refund has been applied for under section 7, the assessment may be issued within 24 months after the application for registration of the eligible transaction relating to the exemption or refund.
(6.1) If an exemption has been applied for under section 14 (3) (j), the assessment must be issued within 24 months after the date of the first transfer after the subdivision.
(6.2) If an exemption has been applied for under section 14 (4) (k) or (k.1), the assessment must be issued within 24 months after the date of the last of the transfers to the trustee to facilitate the subdivision.
Section 18 (6.11) was added by 2010-2-95(a), effective March 3, 2010 [retro from March 31, 2010 (Royal Assent)].
Section 18 (6.4) BEFORE amended by 2010-2-95(b), effective March 3, 2010 [retro from March 31, 2010 (Royal Assent)].
(6.4) A transferee must file a waiver under subsection (6.3) before the date for issuing a notice of assessment set out in subsection (5), (6), (6.1) or (6.2) that applies, in the circumstances, to the transferee.
Section 18 BEFORE amended by 2016-3-59, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(6) If an exemption has been applied for under section 5 or 6 or a refund has been applied for under section 7, the notice of assessment may be issued within 24 months after the application for registration of the eligible transaction relating to the exemption or refund.
Section 18 (5) BEFORE amended by 2018-4-63(b), effective March 15, 2018 (Royal Assent).
(5) Except as provided in this Act, the administrator must issue the notice of assessment within one year after
(a) the date that the transaction was registered in the land title office, or
(b) the expiry of the prescribed period under section 2 (5),
as the case may be.
Section 18 (5.1) BEFORE repealed by 2018-4-63(c), effective March 15, 2018 (Royal Assent).
(5.1) In respect of a taxable transaction to which section 2.02 (3) applies, the administrator must issue the notice of assessment within 6 years after
(a) the date that the transaction was registered in the land title office, or
(b) the expiry of the prescribed period under section 2 (5),
as the case may be.
Section 18 (6) (part) BEFORE amended by 2018-4-63(d), effective March 15, 2018 (Royal Assent).
(6) If any of the following exemptions, refunds or credits has been applied for, the notice of assessment may be issued within 24 months after the application for registration of the taxable transaction to which the application under paragraph (a), (b) or (c) relates:
Section 18 (6.1), (6.11) and (6.2) BEFORE amended by 2018-4-63(e), (f) and (g), effective March 15, 2018 (Royal Assent).
(6.1) If an exemption has been applied for under section 14 (3) (j), the notice of assessment must be issued within 24 months after the date of the first transfer after the subdivision.
(6.11) If an exemption has been applied for under section 14 (3) (p.3), the notice of assessment must be issued within 24 months after the date of the last of the transfers to facilitate the amendment of the strata plan.
(6.2) If an exemption has been applied for under section 14 (4) (k) or (k.1), the notice of assessment must be issued within 24 months after the date of the last of the transfers to the trustee to facilitate the subdivision.
Section 18 (6.4) BEFORE amended by 2023-23-151(b), effective January 1, 2024.
(6.4) A transferee must file a waiver under subsection (6.3) before the date for issuing a notice of assessment set out in subsection (5), (6), (6.1), (6.11) or (6.2) that applies, in the circumstances, to the transferee.
Section 18 (7) and (8) BEFORE amended by 2024-13-189, effective April 25, 2024 (Royal Assent).
(7) Subject to being varied or vacated on objection or by reassessment, an assessment is valid and binding despite any error, defect, omission or error in procedure.
(8) The amount of tax assessed is payable whether or not an objection to the assessment is made.
Section 18 (9) BEFORE repealed by 2024-13-190, effective October 1, 2024.
(9) Interest on the amount of tax owing to the government is payable and must be calculated, starting on the 30th day after the date shown on the notice of assessment, at the rate prescribed under section 20 (1) of the Financial Administration Act calculated in the manner prescribed in the regulations.
Section 19 (2) BEFORE amended by 2016-3-60, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(2) A person who objects to a refusal by the administrator to grant an exemption under section 5 or 6 or to pay a refund under section 7 or to the imposition of a penalty under section 12 must mail a notice of objection to the minister within 90 days after the date shown on the notice of assessment.
Section 19 (1) and (2) (part) BEFORE amended by 2022-11-42(a), effective October 1, 2022.
(1) A person who objects to an assessment made under section 18 must mail a notice of objection to the minister within 90 days after the date shown on the notice of assessment.
(2) A person who objects to any of the following must mail a notice of objection to the minister within 90 days after the date shown on the notice of assessment:
Section 19 (6) BEFORE amended by 2022-11-42(b), effective October 1, 2022.
(6) The time limit for mailing a notice of objection under subsection (1) may be extended by the minister if
(a) an application for extension is made in respect of that notice before the expiry of the time allowed under subsection (1) for mailing the notice, and
(b) the application contains the reason for the extension and specifies the period of time applied for.
Section 19 (2) (a) and (b) BEFORE amended by 2023-23-152, effective January 1, 2024.
(a) a refusal by the administrator to grant an exemption under section 5, 6, 12.02 or 12.03;
(b) a refusal by the administrator to pay a refund under section 7, 12.04 or 12.06;
Section 19 BEFORE amended by 2024-13-192, effective April 25, 2024 (Royal Assent).
Objection to minister
19 (1) A person who objects to an assessment made under section 18 must give a notice of objection to the minister within 90 days after the date shown on the notice of assessment.
(2) A person who objects to any of the following must give a notice of objection to the minister within 90 days after the date shown on the notice of assessment:
(a) a refusal by the administrator to grant an exemption under section 5, 6, 10.2, 12.02 or 12.03;
(b) a refusal by the administrator to pay a refund under section 7, 10.3, 12.04 or 12.06;
(c) a refusal by the administrator to grant an application under section 12.11 or 12.12;
(d) the imposition of a penalty under section 12.
(3) The notice of objection must contain the reasons for the objection and must state all relevant facts, including an estimate of the fair market value if the person objecting considers that estimate to be relevant to the objection.
(4) On receipt of the notice of objection and of the relevant information from the office of the administrator, the minister must decide the amount of the penalty or tax owing or the refund payable, as the case may be.
(5) The minister must deliver to the person who objected to the assessment made under section 18 a notice of the minister's decision under subsection (4) of this section and, if the minister's decision is to vary the assessment, the administrator must deliver a notice of assessment reflecting the variation to the person who objected.
(6) The time limit for giving a notice of objection under subsection (1) may be extended by the minister if
(a) an application for extension is made in respect of that notice before the expiry of the time allowed under subsection (1) for giving the notice, and
(b) the application contains the reason for the extension and specifies the period of time applied for.
(7) The minister may, in writing, delegate any of the minister's powers or duties under this section.
(8) A delegation under subsection (7) may be to a named person or to a class of persons.
Section 19.1 BEFORE amended by 2024-13-174 and 2024-13-193, effective April 25, 2024 (Royal Assent).
Notice of objection
19.1 (1) The date on which a notice of objection is given to the minister under section 19 (1) or (2) is the date it is received by the minister.
(2) A notice of objection is conclusively deemed to have been given to the minister if it is received at a location and by a method specified by the minister.
Section 20 (5) BEFORE amended by 2022-11-41, effective October 1, 2022.
(5) If the administrator refuses an application for an assessment under subsection (1), the administrator must send a letter to the applicant stating the reasons for the refusal, and the letter may be treated as a notice of assessment for the purposes of allowing the applicant to file a notice of objection under section 19.
Section 20 (5) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(5) If the administrator refuses an application for an assessment under subsection (1), the administrator must send a letter to the applicant stating the reasons for the refusal, and the letter may be treated as a notice of assessment for the purposes of allowing the applicant to give a notice of objection under section 19.
Section 20 (4) BEFORE amended by 2024-13-194, effective October 1, 2024.
(4) If the tax payable on assessment under subsection (1) is less than the amount actually paid, the administrator must, in accordance with the Financial Administration Act, refund out of the consolidated revenue fund, jointly to the transferees liable under section 3 (3) or (4), as the case may be, for the tax paid, the overpaid tax including any interest relating to the amount overpaid calculated in the manner prescribed in the regulations.
Section 21 (1) BEFORE amended by 2010-6-93,Sch 3, effective July 1, 2010.
(1) A decision of the minister under section 19 may be appealed to the Supreme Court by way of an originating application.
Section 21 (2) BEFORE amended by 2010-6-91,Sch 1, effective July 1, 2010.
(2) The Rules of Court relating to originating applications apply, but Rule 49 does not apply.
Section 21 (6) BEFORE repealed by 2021-18-56, effective June 17, 2021 (Royal Assent).
(6) An appeal lies from a decision of the court to the Court of Appeal with leave of a justice of the Court of Appeal.
Section 21 (1) BEFORE amended by 2024-13-195, effective April 25, 2024 (Royal Assent).
(1) A decision of the minister under section 19 may be appealed to the Supreme Court by way of a petition proceeding.
Section 21 (2) BEFORE amended by 2024-13-196, effective July 1, 2024 (BC Reg 133/2024).
(2) The Supreme Court Civil Rules relating to petition proceedings apply to appeals under this section, but Rule 18-3 of those rules does not apply.
Section 22 BEFORE re-enacted by 2021-18-57, effective April 20, 2021 [retro from June 17, 2021 (Royal Assent)].
Arbitration
22 Within the time referred to in section 21 (3), a person may, instead of filing a petition in a court registry, serve a notice on the administrator that the person waives the right to appeal to the Supreme Court under section 21 and requires the assessment to be decided by arbitration in accordance with the regulations.
Section 22 (1) (part) BEFORE amended by 2024-13-198, effective April 25, 2024 (Royal Assent).
(1) Within the time set out in section 21 (3), a person who receives a minister's notice under section 19 (5) of a minister's decision may, instead of appealing the decision under section 21, serve on the minister a notice of arbitration in which the person
Sections 22.1 to 22.4 were enacted by 2021-18-58, effective April 20, 2021 [retro from June 17, 2021 (Royal Assent)].
Section 23 (3) was added by 2010-2-96, effective March 3, 2010 [retro from March 31, 2010 (Royal Assent)].
Section 23 (2) BEFORE amended by 2016-27-12, effective August 2, 2016.
(2) If, after a person has paid tax under section 2 (1) of this Act,
(a) the person withdraws the application for registration, or
(b) the application for registration is rejected,
the administrator must, in accordance with the Financial Administration Act, refund out of the consolidated revenue fund the overpaid tax including any interest relating to the amount overpaid calculated in the manner prescribed in the regulations.
Section 23 (1), (2), and (3) BEFORE amended by 2024-13-199, effective October 1, 2024.
(1) If a person has paid tax under this Act pursuant to a notice of assessment issued under section 18 (3) and, as a result of
(a) a decision of the minister under section 19 (4),
(b) an order of the court under section 21 (5), or
(c) a decision by an arbitrator under section 22,
the tax payable is less than the amount actually paid, the administrator must, in accordance with the Financial Administration Act, refund out of the consolidated revenue fund the overpaid tax including any interest relating to the amount overpaid calculated in the manner prescribed in the regulations.
(2) If, after a person has paid tax under section 2 (1) or 2.02 (3),
(a) the person withdraws the application for registration, or
(b) the application for registration is rejected,
the administrator must, in accordance with the Financial Administration Act, refund out of the consolidated revenue fund the overpaid tax including any interest relating to the amount overpaid calculated in the manner prescribed in the regulations.
(3) If a person is deemed to have paid tax under section 3.1 (3) in respect of a correcting transaction and the tax payable on that transaction is less than the amount deemed to have been paid, the administrator must, in accordance with the Financial Administration Act, refund out of the consolidated revenue fund the overpaid tax including any interest relating to the amount overpaid calculated in the manner prescribed in the regulations.
Section 23.2 was enacted by 2022-11-44, effective April 1, 2022 [retro from June 2, 2022 (Royal Assent)].
Section 26 (2) BEFORE amended by 2022-11-45, effective October 1, 2022.
(2) Even though a person has mailed a notice of objection under section 19 or appealed to the Supreme Court under section 21 or applied for arbitration under section 22, the person must pay the amount of tax owing as set out in the notice of assessment prepared by the administrator under section 18 or 19 (5), and the administrator may exercise the administrator's powers to collect the amount owing if the person fails to pay the amount as provided by this Act.
Section 26 (2) BEFORE amended by 2024-13-174, effective April 25, 2024 (Royal Assent).
(2) Even though a person has given a notice of objection under section 19 or appealed to the Supreme Court under section 21 or applied for arbitration under section 22, the person must pay the amount of tax owing as set out in the notice of assessment prepared by the administrator under section 18 or 19 (5), and the administrator may exercise the administrator's powers to collect the amount owing if the person fails to pay the amount as provided by this Act.
Section 29 (3) BEFORE amended by 2016-5-47,Sch 9, effective March 10, 2016 (Royal Assent).
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Section 29 (3) BEFORE amended by 2016-5-47,Sch 9, effective March 10, 2016 (Royal Assent).
(3) Despite subsection (2), a proceeding that relates to a contravention of this Act or the regulations and that involves willful default or fraud may be commenced at any time.
Section 31 (1) (a) and (b) BEFORE amended by 2016-3-61, effective March 10, 2016 (Royal Assent).
(a) during normal office hours enter into a place where a business is carried on or where anything is done in connection with a business or where business records are or should be kept and inspect the records that relate or may relate to the amount of tax payable under this Act,
(b) examine land described in a transfer or any land an examination of which may, in the person's opinion, assist in determining the accuracy of a return, information that is or should be in the return or the amount of tax payable under this Act, and
Section 31 (1) (b) (i) (B) BEFORE amended by 2016-27-13, effective August 2, 2016.
(B) information that is or should be in a return or record referred to in clause (A),
Section 31 (1) (c) BEFORE amended by 2018-4-64, effective March 15, 2018 (Royal Assent).
(c) by registered letter or by a demand served personally, require from any person any information or additional information, or the production of any records within any reasonable time the person specifies, if it is reasonable to make the demand in order to determine the liability or possible liability to tax under this Act.
Section 31 (4) BEFORE amended by 2023-10-913, effective March 30, 2023 (Royal Assent).
(4) A person must not obstruct a person doing anything that he or she is authorized by this section to do.
Section 32 (part) BEFORE amended by 2007-31-29, effective October 15, 2007.
32 A person who obtains information or records under this Act must not disclose the information or records to another person except as follows:
(a) in the course of administering or enforcing this or another taxation Act;
(b) in court proceedings related to this or another taxation Act;
Section 32 (a) BEFORE amended by 2018-25-15, effective January 1, 2019 (BC Reg 230/2018).
(a) for the purposes of administering or enforcing this Act, another taxation Act, the Home Owner Grant Act or the Land Tax Deferment Act;
Section 32 BEFORE re-enacted by 2023-23-153, effective May 11, 2023 (Royal Assent).
Confidentiality
32 Subject to sections 32.1 and 32.2, a ministry person who collects information or a record under this Act must not use the information or record or disclose the information or record to another person except as follows:
(a) for the purposes of administering or enforcing this Act, another taxation Act, the Home Owner Grant Act, the Land Tax Deferment Act or the Real Estate Development Marketing Act;
(b) in court proceedings related to this Act or an Act referred to in paragraph (a);
(i) is between the government and another government,
(ii) relates to the administration or enforcement of tax enactments, and
(iii) provides for the disclosure of information and records to and the exchange of similar information and records with that other government;
(c.1) to an official or employee of the ministry for the purposes of the formulation or evaluation of fiscal policy;
(d) for the purpose of the compilation of statistical information by the government or the government of Canada;
Section 32.1 BEFORE re-enacted by 2023-23-153, effective May 11, 2023 (Royal Assent).
Information obtained under certain Acts
32.1 (1) Subject to subsection (2), a ministry person who collects personal information as a result of a disclosure under section 13.1 (2) or (3) of the Home Owner Grant Act or section 13.1 of the Land Tax Deferment Act must not use the personal information or disclose the personal information to another person except as follows:
(a) for the purposes of administering or enforcing this Act;
(b) for the purposes of administering or enforcing any of the following Acts:
(ii) the Land Tax Deferment Act;
(iii) the Taxation (Rural Area) Act;
(iv) the Speculation and Vacancy Tax Act;
(c) in court proceedings related to this Act or an Act referred to in paragraph (b) of this subsection;
(d) to an official or employee of the ministry for the purposes of the formulation or evaluation of fiscal policy.
(2) Subsection (1) (a) or (b) does not permit a disclosure to an employee of, or a person who is retained under a contract to perform services for, a municipality or a government agent office.
Section 32.2 BEFORE amended by 2019-7-34, effective November 27, 2018 [retro from April 11, 2019 (Royal Assent)].
32.2 If a ministry person collects information or a record under this Act as a result of a disclosure under another taxation Act, other than the Taxation (Rural Area) Act, the ministry person must not use the information or record or disclose the information or record to another person for the purposes of administering or enforcing the Home Owner Grant Act or the Land Tax Deferment Act.
Section 32.2 BEFORE amended by 2019-7-35, effective April 11, 2019 (Royal Assent).
32.2 If a ministry person collects information or a record under this Act as a result of a disclosure under another taxation Act, other than the Taxation (Rural Area) Act, the ministry person must not use the information or record or disclose the information or record to another person for the purposes of administering or enforcing the Home Owner Grant Act or the Land Tax Deferment Act.
Section 32.2 BEFORE repealed by 2023-23-153, effective May 11, 2023 (Royal Assent).
Information obtained under a taxation Act
32.2 If a ministry person collects information or a record under this Act as a result of a disclosure under another taxation Act, other than the Income Tax Act, the Speculation and Vacancy Tax Act or the Taxation (Rural Area) Act, the ministry person must not use the information or record or disclose the information or record to another person for the purposes of administering or enforcing the Home Owner Grant Act or the Land Tax Deferment Act.
Section 33 (2) (b) BEFORE amended by 2007-31-31, effective October 15, 2007.
(b) the Home Owner Grant Administration Branch of the Ministry of Municipal Affairs;
Section 33 (2) BEFORE amended by 2016-3-62, effective February 17, 2016 [retro from March 10, 2016 (Royal Assent)].
(2) Each of the following must provide assistance and access to their records to the administrator free of charge for the purpose of assisting the administrator in determining the past and present principal residences of an individual who applies for an exemption under section 5 or a refund under section 7:
(a) the British Columbia Hydro and Power Authority;
(c) the Motor Vehicle Branch of the Ministry of Transportation and Highways.
Section 34 (2) (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) makes or participates in, assents to or acquiesces in the making of a false or deceptive statement in a return or record required to be made or provided under this Act or the regulations;
Section 34 (2) (d) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent).
(d) willfully, in any manner, evades or attempts to evade compliance with this Act or the regulations or remittance or payment of taxes required by this Act or the regulations.
Section 34 (2) (a) BEFORE amended by 2016-27-14(a), effective August 2, 2016.
(a) makes or participates in, assents to or acquiesces in the making of a false or deceptive statement in a return or record required to be made or provided under this Act;
Section 34 (2) BEFORE repealed by 2018-4-65(a), effective March 15, 2018 (Royal Assent).
(2) A person commits an offence who does any of the following:
(a) makes or participates in, assents to or acquiesces in the making of a false or deceptive statement in a return or record required to be made or provided under this Act, or in information required to be provided under this Act;
(b) in order to evade remittance of tax owing by that person, destroys, alters, mutilates, secrets or otherwise disposes of a return or record of a transferor or transferee;
(c) in a record or return of a transferor or transferee, makes or assents to or acquiesces in the making of a false or deceptive entry or omits or assents to or acquiesces in the omission to enter a material particular;
(d) wilfully, in any manner, evades or attempts to evade compliance with this Act or the regulations or remittance or payment of taxes required by this Act or the regulations.
Section 34 (4) (part) BEFORE amended by 2018-4-65(b), effective March 15, 2018 (Royal Assent).
(4) A corporation convicted of an offence under subsection (1) or (2) is liable to a fine equal to a minimum of
Section 34 (5) (part) BEFORE amended by 2018-4-65(c), effective March 15, 2018 (Royal Assent).
(5) An individual convicted of an offence under subsection (1), (2) or (3) is liable to
Section 34.1 BEFORE re-enacted by 2018-37-33, effective November 15, 2019 (BC Reg 171/2019).
Offences in respect of electronic returns
34.1 A person commits an offence if the person
(a) incorporates his or her electronic signature into an electronic return without first complying with the provisions of this Act, or
(b) incorporates the electronic signature of another person into an electronic return.
Section 34.2 was renumbered as 34.2 (1) and subsections (2) to (4) added by 2024-13-201, effective April 25, 2024 (Royal Assent).
Section 36 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
36 For the purpose of any proceeding taken under this Act or the regulations, a certificate signed by the administrator is evidence of the facts necessary to establish compliance with this Act and the regulations by the minister and the administrator.
Section 37 (2) (u), (u.1), (v), (v.1), (w), (w.1), (x) and (y) were added by 1999-35-12, effective December 12, 2003 (BC Reg 471/2003).
Section 37 (2) (x) BEFORE amended by 2004-12-34, effective March 31, 2004 (Royal Assent).
(x) specifying persons who are required to retain copies of electronic instruments, and prescribing the period of retention, for the purposes of section 13.1 (5);
Section 37 (2) (e) BEFORE amended by 2004-66-162, effective January 20, 2005 (BC Reg 16/2005).
(e) providing for the refund by the administrator of fees paid under the Land Title Act in respect of a taxable transaction;
Section 37 (2) (i) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(i) providing for the payment of interest on any refund or rebate of tax authorized by this Act or the regulations, or on any money due to the government under this Act or the regulations;
Section 37 (2) (o) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).
(o) respecting arbitrations or classes of arbitrations and discretionary powers related to them, adopting all or part of the Commercial Arbitration Act or restricting or prohibiting judicial review of or appeals from an arbitration;
Section 37 (2) (b) BEFORE amended by 2016-27-16(a), effective August 2, 2016.
(b) exempting a person or class of person, a transferee or class of transferee, a taxable transaction or class of taxable transaction from tax or from the requirement to file a return and prescribing any conditions of exemption;
Section 37 (2) (f.1) was added by 2018-4-67, effective February 21, 2018 [retro from March 15, 2018 (Royal Assent)].
Section 37 (2.1) (b) and (d) BEFORE amended by 2018-23-53,Sch 1, effective May 31, 2018 (Royal Assent).
(b) for the purposes of paragraph (a) (ii) of the definition of "specified area" in section 2.01, excluding an area within the Greater Vancouver Regional District from being a specified area within the meaning of that definition;
(d) for the purposes of paragraph (c) of the definition of "specified area" in section 2.01, prescribing an area that is not within the Greater Vancouver Regional District as being a specified area within the meaning of that definition;
Section 37 (2) (u), (u.1), (v), (v.1) and (x) BEFORE repealed by 2018-37-34, effective November 15, 2019 (BC Reg 171/2019).
(u) prescribing the form of electronic returns for the purposes of this Act;
(u.1) prescribing the time at which and the manner in which tax is to be paid by electronic means under section 2 (1.1) (a);
(v) prescribing the manner in which an electronic return is to be filed by electronic means under section 2 (1.1) (b);
(v.1) prescribing the manner in which electronic signatures are to be incorporated into electronic returns for the purposes of this Act;
(x) specifying persons who are required to retain copies of electronic returns, and prescribing the period of retention, for the purposes of section 13.1 (5);
Section 37.1 was enacted by 2007-1-18, effective February 21, 2007 [retro from March 12, 2007 (Royal Assent)].