Interpretation

1   In this regulation:

"Act" means the Property Transfer Tax Act;

"Crown grant" means an instrument in writing conveying Crown land in fee simple;

"Crown lease agreement" means an instrument in writing disposing of a leasehold estate in Crown land;

"minister" means the Minister of Finance;

"return" means an original return provided by the minister.

Filing of return

2   Except as provided in this regulation, a return shall be filed with the registrar of the land title office at which the application for registration of a taxable transaction is made.

Crown grant or Crown lease agreement

3   In the case of a transfer by a Crown grant or Crown lease agreement that is to be submitted directly by the Ministry of Agriculture and Lands to the land title office for registration on behalf of a transferee, the transferee must, on demand made by the administrator, remit tax and file a return with the administrator.

[en. B.C. Reg. 415/92.]

Municipal tax sales

4   In the case of a transfer of the fee simple interest in land by notice under section 663 [registration of tax sale purchaser as owner] of the Local Government Act, the transferee shall, on demand made by the administrator after being notified by the municipality under the Local Government Act that a notice under section 663 of that Act has been forwarded to the registrar of land titles, remit tax to and file a return with the administrator.

[am. B.C. Reg. 117/2018, s. 19.]

Refunds

5   (1) Repealed. [B.C. Reg. 91/2013, Sch. s. 8 (a).]

(2) Repealed. [B.C. Reg. 122/2010, s. (a).]

(3) Where tax is refunded to a person under section 23 (2) or (3) of the Act, the administrator may, in accordance with the Financial Administration Act, refund out of the consolidated revenue fund to that person the fees paid under the Land Title Act, except fees established by the Board of Directors under that Act, in respect of the transfer for which the refund of tax is made, less all cancellation fees.

(4) If a person

(a) has paid tax under the Act in respect of a taxable transaction, and

(b) has also paid tax under the Provincial Sales Tax Act in respect of a portion of the fair market value of the interest transferred under the same taxable transaction,

the administrator may refund to the person the amount of property transfer tax paid by that person in respect of the portion on which both property transfer tax and tax under the Provincial Sales Tax Act have been paid.

[am. B.C. Regs. 17/2005, Sch. 3, s. 4; 30/2006; 122/2010; 91/2013, Sch. s. 8.]

Interest

6   (1) Section 4 of B.C. Reg. 214/83 applies for the purposes of calculating interest on tax due to the government pursuant to a notice of assessment under section 18 of the Act and this interest shall be compounded every 30 days and calculated daily.

(2) No interest is payable on tax refunded to a person under section 23 of the Act or section 5 of this regulation unless the administrator fails to refund the tax within the period of 60 days after the person establishes that he is entitled to the refund.

(3) Commencing on the day after the period referred to in subsection (2), interest shall be paid on a refund referred to in that subsection.

(4) Section 6 of B.C. Reg. 215/83 applies for the purpose of calculating interest on a refund referred to in subsection (2) and this interest shall be compounded every 30 days and calculated daily.

Interpretation

7   (1) In this Part "rent" does not include an amount that is separately calculated under a lease agreement and is payable to a lessor in reimbursement for

(a) taxes, or

(b) reasonable expenses relating to the operation of a multi-tenant premises of which the demised premises form a part.

(2) In this Part, the fair market value of the demised premises under a lease agreement does not include the value of improvements made by the lessee for which the lessee is not and will not be reimbursed by the lessor.

Determination of fair market value of lease agreements and life estates

8   The fair market value of an interest to be transferred under a lease agreement or life estate shall for the purposes of this Act be determined in accordance with this Part.

Term defined

9   (1) In this Part, subject to section 10 and subsections (2) and (4), "term" means, in relation to a lease agreement, the sum of

(a) the number of years for which a lessee has the right to occupy the demised premises, and

(b) the maximum number of years not counted under paragraph (a) that, by the exercise of rights or options to renew or extend the lease agreement, the lessee may occupy the demised premises.

(2) Subject to subsection (4), the term of a lease agreement shall be the unexpired portion of the term on the date application is made to register or transfer the lease agreement under the Land Title Act.

(3) In this Part, subject to subsection (4), the term of a life estate shall be the number of years of life expectancy based on Table 3 remaining to the holder of the life estate on the date application is made to register the life estate under the Land Title Act.

(4) Where the term of a lease agreement or life estate would otherwise be expressed as a fraction of a year or as a number of years plus a fraction of a year, the term shall be rounded up to the next whole number.

Fair market value of a lease modification agreement

10   (1) Where the term of a lease agreement is extended by a lease modification agreement registered under the Land Title Act on or after March 23, 1987, the lease modification agreement is a taxable transaction.

(2) The term of the lease modification agreement for the purposes of this section is the sum of

(a) the term of the lease agreement, before extension by the lease modification agreement, calculated under section 9 (1) without regard to section 9 (2) from the date the lease agreement was first executed, and

(b) the number of years, applying section 9 (4), by which the lease agreement is extended by the lease modification agreement.

(3) For the purposes of subsection (2) (b), options or rights to renew or extend the lease agreement pursuant to the lease modification agreement shall be deemed to be exercised to give the maximum possible extension.

(4) Where the term of the lease modification agreement is 30 years or less, its fair market value shall be the amount determined in accordance with the following formula:

(5) Where the term of the lease modification agreement exceeds 30 years, section 14 applies for the purpose of calculating the fair market value of the lease modification agreement except that "P" shall equal the percentage in Column 2 of Table 1 that is opposite the period in Column 1 that corresponds to the number of years applicable under subsection (2) (b).

(6) No tax is payable on a lease modification agreement having a term of 30 years or less.

Valuation of life estates

11   The fair market value of a life estate in land shall be the amount determined in accordance with the following formula:

Prepaid leases

12   The fair market value of a lease agreement shall be the amount of the rent where

(a) the rent under the lease agreement is not subject to renegotiation and has been paid for the term of the lease agreement before the date of registration or will be paid within one year of that date, and

(b) the lessor and the lessee deal with each other at arm's length.

Leases for a term not exceeding 30 years

13   (1) Where

(a) section 12 does not apply,

(b) the term of the lease agreement does not exceed 30 years, and

(c) the lessor and the lessee deal with each other at arm's length,

the fair market value of the lease agreement shall, subject to an election under subsection (2), be the amount determined in accordance with the following formula:

(2) The lessee may elect to calculate the fair market value of the lease agreement under section 14 where paragraphs (a), (b) and (c) of subsection (1) apply.

Other leases

14   (1) Subject to sections 13 and 15 and subsection (2), the fair market value of a lease agreement to which section 12 does not apply shall be the amount determined in accordance with the following formula:

(2) For the purposes of subsection (1) where part of the improvements on a parcel of land are leased, the fair market value of the demised premises shall be determined in accordance with the following formula:

Time share leases

15   Where section 12 or 13 does not apply and the lease agreement is a time share plan as defined in the Real Estate Development Marketing Act, the fair market value of the lease agreement shall be the amount determined in accordance with the following formula:

[am. B.C. Reg. 518/2004, Sch. s. 15.]

Valuation of residential improvements

16   For the purposes of section 15 (2) (a) and (4) (a) of the Act, the fair market value of the interest in improvements transferred that are improvements classified under section 19 of the Assessment Act as property used for residential purposes shall be determined in accordance with the following formula:

[en. B.C. Reg. 242/91.]

Valuation of land not including improvements

17   For the purposes of section 15 (2) (b) and (4) (b) of the Act, the fair market value of the land transferred, not including improvements, shall be determined in accordance with the following formula:

[en. B.C. Reg. 242/91.]

Specified areas

17.01   For the purposes of paragraph (c) of the definition of "specified area" in section 2.01 of the Act, each of the following is a specified area:

(a) Capital Regional District;

(b) Regional District of Central Okanagan;

(c) Fraser Valley Regional District;

(d) Regional District of Nanaimo.

[en. B.C. Reg. 21/2018, s. 2.]

Rate of tax

17.02   For the purposes of section 2.02 (4) of the Act, the rate of tax is 20%.

[en. B.C. Reg. 21/2018, s. 2.]

Transition for specified areas — transfer under court order,
foreclosure, separation agreement, joint tenancy or estate of deceased

17.03   (1) A transferee is exempt from the payment of tax under section 2.02 (3) (a) of the Act in respect of a taxable transaction if all of the following apply:

(a) the subject matter of the taxable transaction includes residential property located, in whole or in part, within a specified area referred to in section 17.01 of this regulation;

(b) the subject matter of the taxable transaction does not include residential property located, in part, in the Metro Vancouver Regional District;

(c) the taxable transaction is one of the following:

(i) a transfer under a court order made before February 21, 2018;

(ii) a transfer under an order absolute of foreclosure, if the order nisi of foreclosure was made before February 21, 2018;

(iii) a transfer from a transferor to a transferee who is a spouse or former spouse of the transferor, if the transfer is made pursuant to a written separation agreement under the Family Law Act and the written separation agreement was made before February 21, 2018;

(iv) a transfer by operation of law to the survivor of a joint tenancy of the land consequent on the death of a joint tenant of the land, if the joint tenant died before February 21, 2018;

(v) a transfer from a transferor who is a personal representative to a transferee who is a beneficiary of an estate of a deceased person, if the deceased person died before February 21, 2018;

(d) the transferee tenders with the application for registration of the taxable transaction an application for an exemption under this section.

(2) An application for an exemption under this section must

(a) be in the form required by the minister, and

(b) include a consent, in the form required by the minister, by which the transferee consents to the administrator conducting inquiries that the administrator considers necessary to confirm that the transferee qualifies for the exemption.

[en. B.C. Reg. 21/2018, s. 2.]

Transition for specified areas — transfer under written agreement

17.04   (1) Subject to subsection (3), a transferee is exempt from the payment of tax under section 2.02 (3) (a) of the Act in respect of a taxable transaction if all of the following apply:

(a) the subject matter of the taxable transaction includes residential property located, in whole or in part, within a specified area referred to in section 17.01 of this regulation;

(b) the subject matter of the taxable transaction does not include residential property located, in part, in the Metro Vancouver Regional District;

(c) the taxable transaction is a transfer under a written agreement made before February 21, 2018;

(d) the taxable transaction is not a transfer to which section 17.03 (1) of this regulation applies;

(e) the application for registration of the taxable transaction is made at a land title office on or before May 18, 2018;

(f) the transferee tenders with the application for registration of the taxable transaction

(i) an application for an exemption under this section, and

(ii) a true copy of the written agreement referred to in paragraph (c) of this subsection.

(2) An application for an exemption under this section must

(a) be in the form required by the minister, and

(b) include a consent, in the form required by the minister, by which the transferee consents to the administrator conducting inquiries that the administrator considers necessary to confirm that the transferee qualifies for the exemption.

(3) Subsection (1) does not apply if, on or after February 21, 2018, the written agreement referred to in subsection (1) (c) is assigned to a transferee who is a foreign entity or taxable trustee.

[en. B.C. Reg. 21/2018, s. 2.]

Definitions

17.1   In this Division:

"eligible transaction" means a taxable transaction for which an application for registration is made at a land title office on or after March 31, 2017;

"principal residence" has the same meaning as in section 12.01 (1) of the Act;

"provincial nominee" means an individual who is named in a valid nomination certificate issued by the government in accordance with an agreement referred to in section 8 (1) of the Immigration and Refugee Protection Act (Canada) between the government and Canada;

"qualifying transferee" means the following:

(a) in relation to a specified transaction referred to in section 18 (2), an individual who

(i) on the registration date,

(A) is both a foreign national and a provincial nominee, and

(B) intends to inhabit the improvement referred to in section 18 (2) (a) as the individual's principal residence,

(ii) immediately after the registration of the transaction, holds an interest in the residential property that is the subject matter of the transaction in a capacity other than as a taxable trustee, and

(iii) has not previously been a qualifying transferee under a specified transaction to which section 18 (3) applies;

(b) in relation to an eligible transaction referred to in section 19 (1), an individual who

(i) on the registration date,

(A) is both a foreign national and a provincial nominee, and

(B) intends to inhabit the improvement referred to in section 19 (1) (a) as the individual's principal residence,

(ii) immediately after the registration of the transaction, holds an interest in the residential property that is the subject matter of the transaction in a capacity other than as a taxable trustee, and

(iii) has not previously been a qualifying transferee under

(A) a specified transaction to which section 18 (3) applies, or

(B) an eligible transaction to which section 19 (2) applies;

"registration date" means the following:

(a) in relation to a specified transaction, the date on which the application for registration of the specified transaction is made at a land title office;

(b) in relation to an eligible transaction, the date on which the application for registration of the eligible transaction is made at a land title office;

"specified transaction" means a taxable transaction for which an application for registration is made at a land title office before March 31, 2017;

"taxable transaction" means a taxable transaction to which section 2.02 (3) of the Act applies.

[en. B.C. Reg. 108/2017, App. 2, s. 1; am. B.C. Reg. 21/2018, s. 4.]

Provincial nominee exemption — specified transactions

18   (1) Repealed. [B.C. Reg. 108/2017, App. 2, s. 2.]

(2) Subsection (3) applies to a specified transaction if

(a) on the registration date, the residential property that is the subject matter of the specified transaction includes an improvement that is permanently affixed to the property and is intended to be a dwelling, and

(b) any transferee is a qualifying transferee.

(3) Subject to subsection (4), a transferee who applies for registration, at a land title office, of a specified transaction to which this subsection applies is exempt from the obligation to pay tax under section 2.02 (3) (a) of the Act on that transaction in respect of that portion of the transaction's taxable amount that is equal to the qualifying transferee's proportionate share of the transaction's fair market value.

(4) If, immediately after the registration of the specified transaction, the qualifying transferee holds an interest in the residential property as a taxable trustee and in a capacity other than as a taxable trustee, the transferee referred to in subsection (3) is not exempt from the payment of tax under section 2.02 (3) (a) of the Act on that transaction in respect of the interest held as a taxable trustee.

[en. B.C. Reg. 108/2017, App. 1; am. B.C. Reg. 108/2017, App. 2, s. 2.]

Provincial nominee exemption — eligible transactions

19   (1) Subsection (2) applies to an eligible transaction if

(a) on the registration date, the residential property that is the subject matter of the eligible transaction includes an improvement that is permanently affixed to the property and is intended to be a dwelling, and

(b) any transferee is a qualifying transferee.

(2) Subject to subsections (3) and (4) and section 20, a transferee who applies for registration, at a land title office, of an eligible transaction to which this subsection applies is exempt from the obligation to pay tax under section 2.02 (3) (a) of the Act on that transaction in respect of that portion of the transaction's taxable amount that is equal to the qualifying transferee's proportionate share of the transaction's fair market value.

(3) If, immediately after the registration of the eligible transaction, the qualifying transferee holds an interest in the residential property as a taxable trustee and in a capacity other than as a taxable trustee, the transferee referred to in subsection (2) is not exempt from the payment of tax under section 2.02 (3) (a) of the Act on that transaction in respect of the interest held as a taxable trustee.

(4) The transferee referred to in subsection (2) must tender with the application for registration of the eligible transaction an application for an exemption under this section that

(a) is in the form required by the minister, and

(b) includes a consent, in the form required by the minister, by which the qualifying transferee consents to the administrator conducting inquiries respecting the qualifying transferee that the administrator considers necessary to confirm the qualifications of the qualifying transferee for the purposes of this section.

[en. B.C. Reg. 108/2017, App. 2, s. 3.]

Provincial nominee refund — eligible transactions

20   (1) A transferee who is entitled to an exemption under section 19 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 by the transferee under section 2.02 (3) (a) of the Act on the registration of the transaction.

(2) On receiving an application for a refund under subsection (1), the administrator,

(a) if satisfied that the transferee would have qualified for an exemption under section 19 on the registration date, must refund to the transferee the portion of the amount of tax paid by the transferee that is equivalent to the amount of the exemption for which the transferee would have been entitled had the application for the exemption been made on the registration date, or

(b) if not satisfied that the transferee would have qualified for an exemption under section 19 on the registration date, must refuse the application and provide the transferee with written notice under subsection (3) of the refusal.

(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 made under section 18 of the Act for the purposes of allowing the applicant to file a notice of objection under section 19 (1) of the Act.

[en. B.C. Reg. 108/2017, App. 2, s. 3.]

Refund of additional tax under Act if transferee becomes citizen or permanent resident

21   (1) In this section, "registration date", in relation to a taxable transaction referred to in subsection (2), means the date on which the application for registration of the taxable transaction is made at a land title office.

(2) A transferee may apply to the administrator for a refund of the tax paid by the transferee under section 2.02 (3) (a) of the Act on the registration of a taxable transaction if all of the following apply:

(a) on the registration date, the transferee is a foreign national;

(b) immediately after the registration of the transaction, the transferee holds an interest in the residential property that is the subject matter of the transaction in a capacity other than as a taxable trustee;

(c) on the registration date, the residential property includes an improvement that is permanently affixed to the property and is intended to be a dwelling;

(d) the transferee continuously inhabits the improvement referred to in paragraph (c) as the transferee's principal residence throughout a period of not less than one year beginning on a date that is not more than 92 days after the registration date;

(e) the transferee becomes a Canadian citizen or a permanent resident of Canada on or before the first anniversary of the registration date;

(f) the transferee has not previously

(i) obtained a refund under this section, or

(ii) been a qualifying transferee under

(A) a specified transaction to which section 18 (3) of this regulation applies, or

(B) an eligible transaction to which section 19 (2) applies;

(g) the application for the refund is made on a date that is

(i) after the first anniversary of the date on which the period referred to in paragraph (d) begins, and

(ii) before the date that is 18 months after the registration date.

(3) On receiving an application for a refund under subsection (2), the administrator,

(a) if satisfied that the requirements for the refund set out in subsection (2) (a) to (g) have been met but subject to subsection (4), must refund to the transferee the portion of the amount of tax paid by the transferee under section 2.02 (3) (a) of the Act that is attributable to the transferee's proportionate share of the taxable transaction's fair market value, or

(b) if not satisfied that the requirements for the refund set out in subsection (2) (a) to (g) of this section have been met, must refuse the application and provide the transferee with written notice under subsection (6) of the refusal.

(4) If, immediately after the registration of the taxable transaction, the transferee holds an interest in the residential property as a taxable trustee and in a capacity other than as a taxable trustee, the amount of the refund payable under subsection (3) (a) is equal to the portion of the amount of tax paid by the transferee that is attributable to the interest held in the capacity other than as a taxable trustee.

(5) Interest, calculated from the day after the registration date, is payable on tax refunded to a transferee under subsection (3) (a).

(6) If an application for a refund under subsection (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 made under section 18 of the Act for the purposes of allowing the applicant to file a notice of objection under section 19 (1) of the Act.

(7) Sections 6 (1) (b) and 7 of the Interest on Overdue Accounts Payable Regulation, B.C. Reg. 215/83, apply for the purposes of calculating interest payable under subsection (5) of this section.

[en. B.C. Reg. 108/2017, App. 3.]

Exemption for general partner in limited partnership

22   (1) In this section:

"foreign limited partner" means a limited partner that

(a) is a foreign entity, or

(b) holds an interest in the limited partnership in trust for a foreign entity;

"general partner" has the same meaning as in Part 3 of the Partnership Act;

"limited partner" has the same meaning as in Part 3 of the Partnership Act;

"limited partnership" means a limited partnership

(a) formed under section 51 of the Partnership Act, or

(b) registered under section 80 of the Partnership Act;

"profit" includes compensation in the form of income on contributions made by limited partners;

"taxation year" has the same meaning as in section 249 (1) of the Income Tax Act (Canada).

(2) A transferee who is a general partner in a limited partnership is exempt from the obligation to pay tax under section 2.02 (3)  (a) of the Act with respect to the transferee's proportionate share of a taxable transaction's fair market value if

(a) the transferee is acquiring the land that is the subject of the taxable transaction on behalf of the limited partnership, and

(b) all of the following conditions are met with respect to the limited partnership:

(i) on the date on which the application for registration of the taxable transaction is made at a land title office,

(A) each general partner is a Canadian citizen, a permanent resident of Canada or a corporation other than a foreign corporation, and

(B) the combined interest in the limited partnership of all foreign limited partners accounts for less than half of the entitlement of all partners to share in the profits of the limited partnership;

(ii) each general partner and limited partner is a resident of Canada for income tax purposes throughout the taxation year in which the taxable transaction occurs.

(3) An application for an exemption under this section must

(a) be in the form required by the administrator, and

(b) include a consent, in the form required by the administrator, by which the transferee consents to the administrator conducting inquiries that the administrator considers necessary to confirm that the transferee qualifies for the exemption.

[en. B.C. Reg. 107/2020.]