Additional Property Transfer Tax on Residential Property Transfers to Foreign Entities in British Columbia, Canada
The British Columbia government brought in the Foreign Property Transfer Tax Act Effective August 2, 2016, an additional 15% property transfer tax applies to residential property transfers to foreign entities in the Greater Vancouver Regional District.
As of February 20, 2018, British Columbia’s Foreign Buyers Tax was increased to 20% of the fair market value of a property that is sold to foreign entities.
Where it applies to:
The Greater Vancouver Regional District includes Anmore, Belcarra, Bowen Island, Burnaby, Coquitlam, Delta, Langley City and Township, Lion’s Bay, Maple Ridge, New Westminster, North Vancouver City and District, Pitt Meadows, Port Coquitlam, Port Moody, Richmond, Surrey, Vancouver, West Vancouver, White Rock and Electoral Area A. The additional tax does not apply to properties located on Tsawwassen First Nation lands.
When it applies:
The additional tax applies on all applicable transfers registered with the Land Title Office on or after August 2, 2016, regardless of when the contract of purchase and sale was entered into.
Who it applies to:
Foreign Entities Foreign entities are transferees that are foreign nationals, foreign corporations or taxable trustees.
Foreign nationals are transferees who are not Canadian citizens or permanent residents, including stateless persons.
Foreign corporations are transferees that are corporations:
• not incorporated in Canada or
• incorporated in Canada, but controlled in whole or in part by a foreign national or other foreign corporation, unless the shares of the corporation are listed on a Canadian stock exchange.
Additional Property Transfer Tax on Residential Property Transfers to Foreign Entities
Taxable trustees are trustees that are a foreign national or foreign corporation, or a beneficiary of a trust that is a foreign national or foreign corporation.
Applying the Additional 20% Tax
The additional tax on property transfers to foreign entities is 20% of the fair market value of the foreign entity’s proportionate share of a residential property located in whole or in part in the Greater Vancouver Regional District, excluding Tsawwassen First Nation lands. This tax applies in addition to the general property transfer tax. The additional tax does not apply to non-residential property. The value of the residential portion of a transfer is calculated in the same way as for the property transfer tax. The additional tax applies on the foreign entity’s proportionate share of any applicable residential property transfer, even when the transaction may normally be exempt from property transfer tax.
This includes transactions such as:
• a transfer between related individuals
• a transfer resulting from an amalgamation
• a transfer to a surviving joint tenant
• a transfer where the transferee is or becomes a trustee in relation to the property, even if the trust does not change The additional tax does not apply to trusts that are mutual fund trusts, real estate investment trusts or specified investment flow-through trusts.