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Toronto’s “Luxury Land Transfer Tax” Takes Effect on January 1, 2024

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Yashkaran Singh
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December 7, 2023
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In September 2023, the City Council of Toronto approved imposing a “Luxury Land Transfer Tax,” starting January 1, 2024. In addition to other revenue methods, such as removing the cap on $5/hour street parking and requesting the provincial government to implement a municipal sales tax or receive a cut from the existing HST, the City mentioned that the new Land Transfer Tax provisions will help alleviate the City’s existing financial difficulties.

If you are not yet aware of the new tax provisions, I know you must be thinking… another tax?!

To clarify, it is NOT an entirely new tax, however, it will result in a higher Land Transfer Tax for high-value properties ($3 million and higher). The City is introducing graduated Municipal Land Transfer Tax rates for high-value residential properties containing at least one, and not more than two, single-family residences by introducing additional thresholds.

The additional thresholds will be as follows:

Value of Consideration MLTT Rate
Over $3,000,000 and up to $4,000,000  3.5%
Over $4,000,000 and up to $5,000,000 4.5%
Over $5,000,000 and up to $10,000,000 5.5%
Over $10,000,000 and up to $20,000,000 6.5%
Over $20,000,000 7.5%

As a refresher, the existing thresholds for Toronto’s MLTT are as follows:

Value of Consideration MLTT Rate
Up to and including $55,000 0.5% 
$55,000.01 to $250,000 1.0%
$250,000.01 to $400,000 1.5%
$400,000.01 to $2,000,000 2.0%
Over $2,000,000 2.5%

The new thresholds will be applicable if the closing date of a transaction falls on or after January 1, 2024, regardless of when the Agreement of Purchase and Sale was signed. For Buyers of Toronto properties where consideration is more than $3 million, this will mean higher closing costs.

Let’s take an example of a transaction involving a Toronto property where the purchase price is $4.5 million. As per the purchase price, the tax implications will be as follows:

Land Transfer Tax Under Current Thresholds  Under New Additional Thresholds 
Ontario $98,975 $98,975
Municipal $98,975 $118,975
Total $197,950 $217,950

This means an additional cost of $20,000!

At this time, a Buyer who is about to enter into a transaction with a purchase price exceeding $3 million would, of course, prefer to set the closing date before January 1, 2024. We always advise our clients to allow sufficient time between the agreement becoming firm and the closing date. It's not advisable to set the closing date too tight, especially for transactions involving a significant consideration. However, when comparing closing dates just after the new year with those before it, opting for a closing date before January 1, 2024, might save you thousands of dollars. The new provisions can also be addressed during negotiations with the Seller if the closing date will be shortly after the new year. 

It is crucial to consult with professionals such as real estate agents, mortgage brokers, accountants, and real estate lawyers before deciding on a quick closing date. 

Starting next year, the new thresholds will need to be taken into account for transactions with a consideration of more than $3 million. We understand that these new provisions will have a significant impact on the luxury real estate market. 

We are here to assist you in navigating through your real estate transactions and answer your questions to ensure you are ready for your transaction. Please feel free to reach out to us if you have any questions regarding the new Toronto Land Transfer Tax provisions or if you require our assistance with any other matters. Contact our office at (905) 270-6660 or e-mail us at: Info@kormans.ca.

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Yashkaran Singh
Associate Lawyer
ysingh@kormans.ca
About
Yashkaran

Yash’s practice focuses primarily on residential and commercial real estate transactions, and real estate financing. Prior to joining Kormans, Yash articled at a boutique law firm in Mississauga where he started his journey in real estate law. Yash completed his Master of Laws from the University of Montreal and was called to the bar of Ontario in 2022.

Yash is deeply passionate about helping his clients navigate the often intricate complexities of the law. He loves new challenges and formulating creative solutions to help his clients achieve their goals. Yash is committed to providing his clients with exceptional service and helping them achieve the best possible outcomes.

Outside of work, Yash enjoys travelling, exploring nature, and listening to music. He is a former field hockey player, wherein he honed his strategic thinking and analytical skills to navigate through the challenges of the game, much like he does now in his law practice.

With a keen eye towards the future, Yash endeavors to expand his legal expertise and make a positive impact on his clients and the legal profession. He is committed to staying up-to-date with the latest developments in his areas of practice and providing his clients with the best possible legal advice and representation.

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