2.02 Additional Tax Imposed | Land Title Practice Manual

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2.02 (1) The tax imposed under this section in respect of a taxable transaction is in addition to the tax imposed under section 2(1) in respect of the taxable transaction.

(2) Subsection (3) applies to a taxable transaction if.

(a) the subject matter of the taxable transaction includes residential property located, in whole or in part, within a specified area, and
(b) any transferee is a foreign entity or taxable trustee, or both.

(3) On application at a land title office for registration of a taxable transaction to which this subsection applies, the transferee must

(a) pay tax to the government, in accordance with subsection (4), by the means, at the time and in the manner required by the administrator,
(b) include with the return filed under section 2(1)(b) the information and records required by the administrator, and
(c) unless the administrator specifies otherwise, file the form established by the administrator, by the means, at the time and in the manner required by the administrator, whether or not the taxable transaction is exempt under this Act.

(4) The tax payable under subsection (3) by the transferee is,

(a) unless paragraph (b) of this subsection applies, 15% of the taxable amount, or
(b) if a rate of tax is prescribed for the purposes of this subsection, the amount determined by multiplying the prescribed rate by the taxable amount.

(5) For the purposes of subsection (4) and subject to section 2.03, the taxable amount in respect of a taxable transaction is as follows:

(a) in the case of a taxable transaction in respect of which each transferee is a foreign entity or taxable trustee, or both, the taxable transaction’s fair market value;
(b)
in any other case, the total of all amounts, each of which is one of the following:
- (i) in the case of a transferee who is a foreign entity and is not a taxable trustee, the transferee’s proportionate share of the taxable transaction’s fair market value;
- (ii) in the case of a transferee who is a taxable trustee, the transferee’s proportionate share of the taxable transaction’s fair market value.

(6) For the purposes of calculating the taxable amount under subsection (5)(b) in respect of a taxable transaction whose subject matter includes residential property located, in whole or in part, in a specified area,

(a)
if, immediately after the registration of the taxable transaction, a foreign entity holds an interest in the residential property as a taxable trustee and in a capacity other than as a taxable trustee, the foreign entity is deemed to be
- (i) a transferee under subsection (5)(b)(i) in respect of the interest held in the capacity other than as a taxable trustee, and
- (ii) a separate transferee under subsection (5)(b)(ii) in respect of the interest held as a taxable trustee, and
(b) if there is more than one taxable trustee of a trust, including any taxable trustee who is deemed under paragraph (a)(ii) to be a separate transferee, all of the trustees of the trust are deemed to be a single transferee.

(7) For certainty, each transferee under a taxable transaction referred to in subsection (3) is jointly and severally liable to pay the total amount of tax owing under that subsection in respect of that taxable transaction.

2016-27-3, effective August 2, 2016.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Additional Property Tax Return

An additional property transfer tax is payable by “foreign nationals”, “foreign corporations”, or “taxable trustees” who acquire “residential property” in certain areas of the province. As of February 21, 2018, the additional property transfer tax is 20% of the fair market value of the property and applies to residential properties in the Metro Vancouver Regional District (other than the treaty lands of the Tsawwassen First Nation) and the Capital, Fraser Valley, Central Okanagan, and Nanaimo Regional Districts. Limited transitional exemptions are available for properties in the newly included regions (but not for properties in the Metro Vancouver Regional District).

If additional property transfer tax is payable, the Additional Property Transfer Tax Return (FIN 532) must be completed. Foreign nationals must complete the FIN 532 even if they are exempt under the Act. If a taxpayer is exempt, enter $0.001 for the additional property transfer tax in the electronic Property Transfer Tax Return and attach the completed FIN 532 and any supporting documents to the Property Transfer Tax Return. Ensure any required supporting documents for the additional property transfer tax are attached, such as documents proving citizenship, residency, or trust status.

The FIN 532 must be signed by the taxpayer and submitted to the Ministry of Finance the same day the property transfer is registered. Information is available on the Ministry’s website at www2.gov.bc.ca by searching “Additional property transfer tax” in the search bar.