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What you need to know about Canada’s Foreign Homebuyer Tax 2023

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Canada's Foreign Homebuyer Tax

What Is It?

Canada’s Foreign Homebuyer Tax rules and restrictions mean that as of Jan 1 2023 for a 2-year period, anyone who’s neither a Canadian citizen nor a permanent resident cannot purchase property in select areas.

Key Points

The new regulations include entities controlled by someone who is a non-Canadian, such as partnerships and trusts. It also includes any corporations incorporated under the laws of Canada or a province whose shares are not listed on a stock exchange in Canada and which are controlled by someone who is non-Canadian. Plus, any entities formed otherwise than under the laws of Canada or a province.

Includes Anything “Residential”

  • Detached house or similar building, containing not more than three dwelling units,
  • Semi-detached house, rowhouse unit, residential condominium unit or similar premises.
  • Land containing any habitable dwelling or vacant property that is zoned for residential or mixed use.

Exemptions for Properties and Transfers

  • Properties with more than 3 units that are deemed “residential”, includes fourplexes.
  • Any property NOT in the Census Metropolitan Area or Census Agglomeration (see green areas in map here:) https://www150.statcan.gc.ca/n1/pub/92-195-x/2021001/geo/cma-rmr/cma-rmr-eng.htm
  • Acquisition by an individual of an interest or a real right resulting from death, divorce, separation or a gift.
  • Rental of a dwelling unit to a tenant for the purpose of occupancy by tenant.
  • The transfer under the terms of a trust that was created prior to coming into force of the Act.
  • The transfer resulting from the exercise of a security interest or secured right by a secured creditor.

Penalties

  • Fines up to $10,000.
  • Court order sale of home purchased by a nonCanadian in violation of the act.

Exemptions for Individuals

  • Students considered temporary residents, if all apply:
  • Must be enrolled in an authorized designated learning
    • Must be enrolled in an authorized designated learning institution.
    • Must have filed tax returns for each of the 5 taxation periods prior to purchase and have been physically present in Canada for 244 days minimum for each of the 5 calendar years.
    • Must have not previously purchased residential real estate.
    • Can only purchase a property not exceeding $500,000.
  • Temporary work permits, if all apply:
    • Must hold valid work permit
    • Must have worked full time for 3 out of 4 years before purchase and have filed tax returns for the 3 of 4 taxation years.
    • Have not previously purchased residential real estate.
  • Refugees and claimants of Refugee Protection act.
  • Foreign Ministers with valid passport.
  • Spouse or common law partners of Canadian citizens and residents.

Important Information to Know

  • Anyone who knowingly assists a buyer with the purchase of residential real estate is liable under the act.
  • If the contract is completed before January 1st, but the transaction has not closed, it is still a valid transaction.
  • Refinances are impacted only when the purpose of the funds are to purchase property.
  • Fourplexes and recreational properties such as cottages and lake houses are exempt.
  • No clear indication yet on how the government will track and enforce this.
  • Does not address international monies that flows in from other countries for Canadian residents to purchase.
  • There is still area to purchase just outside of major city centres – any areas not deemed Census metropolitan areas.