|
|
 |
 |
|
|
MLTT: Instructions and Forms for Lawyers |
|
|
|
New user fee for refunds of Municipal Land Transfer Tax (MLTT) for refund applications submitted after original electronic registrations
Effective June 1, 2011, the City of Toronto will be charging a new fee of $150.00 for refunds of Municipal Land Transfer Tax refund (rebate or exemption), where requests for refunds are made “after” the conveyance was electronically registered using the Teraview registration system. The new user fee is intended to recover the costs to process manual refund requests that are received following the original electronic registration of the sale. The fee is not applicable to any rebate or exemption that is filed as part of the original registration of the conveyance using the electronic Municipal Land Transfer Tax statements.
Change to Affidavit Submission Process
All users of Teraview version 5.3 must continue to forward for fax copies of their "Municipal Land Transfer Tax Affidavit for Electronic Registrations" to the City until such time as they have updated their Teraview software to version 6.0.
|
You'll need the latest version of the free Adobe Acrobat Viewer to access these PDFs.
Municipal Land Transfer Tax Filing Requirements For:
General Information:
Should there be a discrepancy between the provisions contained in the By-law and the information set forth below or on the forms, the provisions of the By-law apply.
Please note that new forms may be added and current instructions and forms may be changed from time to time.
|
Electronically Registered Conveyances
|
Users of Teraview version 6.0 should refer to our "User's Guide" for assistance in completing their MLTT statements.
In order to retain a record of the MLTT statements you have selected, the document should be printed at the "in preparation" stage and retained in the file, as this information will disappear once the document is registered.
For evidence of payment of the MLTT, check your docket summary or bank statement as this information will not appear on your registered document.
Note: Teraview users that have not downloaded version 6.0 should continue to refer to Teranet for information and instructions.
|
Form:
MLTT Electronic Registration Statement User's Guide
Form:
First Time Home Buyer Rebate Affidavit
|
|
Non-Electronically Registered Conveyances
|
The MLTT affidavit, together with a copy of the registered instrument, payment of all applicable Municipal Land Transfer Tax and a copy of the agreement of purchase and sale, must be submitted to the City of Toronto for all conveyances not registered electronically within 10 business days of the date of registration.
Note: If a MLTT first time home buyer rebate is also being applied for, the rebate affidavit should be included with all the other documentation.
See form for required attachments and complete instructions.
|
Form:
MLTT Affidavit
Form:
First Time Home Buyer Rebate Affidavit
|
|
Prepayment of MLTT for Electronically and Non-Electronically Registered Conveyances
|
Prepayment of the MLTT should be submitted by certified cheque or bank draft. The MLTT affidavit, along with a copy of the conveyance to be registered (or document "in prep"), the agreement of purchase and sale and any other relevant documentation, must be submitted to the City of Toronto to obtain certification that the MLTT owing was paid prior to registration.
Please forward documents to:
North York Civic Centre
Revenue Services
5100 Yonge Street, Lower Level
Toronto ON M2N 5V7
See form for required attachments and complete instructions.
|
Form:
MLTT Affidavit
|
|
Obtaining Verification that no MLTT is Payable for Electronically and Non-Electronically Registered Conveyances
|
The MLTT affidavit, along with a copy of the conveyance to be registered (or document "in prep"), and any other relevant documentation, must be submitted to the City of Toronto in order to obtain verification that no MLTT is payable on registration.
NOTE: If verification is being sought due to the transfer being to or from a Trustee, an affidavit following the Province's Guide to the Requirements to Evidence NIL Value of Consideration for Conveyances Involving Trusts should be submitted and may be found on the Ministry's website.
Please forward documents to:
North York Civic Centre
Revenue Services
5100 Yonge Street, Lower Level
Toronto ON M2N 5V7
See form for required attachments and complete instructions.
|
Form:
MLTT Affidavit
|
|
Registration of Conveyances or Payment of the Provincial Land Transfer Tax and MLTT at the Land Registry Office or Ministry of Revenue
|
Neither the Toronto Land Registry office nor the Ministry of Revenue in Oshawa are able to process any payments of the MLTT.
Documentation Requirements
The City of Toronto requires copies of all documents that you submit either to the Land Registry Office or Ministry of Revenue.
If you wish to pay the MLTT owing at either of these locations, please fill in a consent form giving the Toronto Land Registry Office or the Ministry of Revenue your consent to forward the MLTT payment and other documentation to the City of Toronto on your behalf.
Neither Ministry nor Land Registry staff will review your documents and are not responsible for ensuring that any payment(s) and/or documents submitted are correct and complete.
|
Form:
Consent Form
|
|
Amending a registered document and paying additional MLTT or obtaining a refund
|
If, for whatever reason, the value of consideration was incorrectly declared on registration of a conveyance, resulting in either an additional payment or refund, an amended MLTT Affidavit should be forwarded to the City along with any payment and supporting documentation.
NOTE: With regard to any refund applied for under the Land Transfer Tax Act, payment will be made only upon receipt of evidence that the Province has agreed to issue a refund for the exact same transaction for the exact same reason.
|
Form:
MLTT Affidavit
|
|
Rebate Opportunities: Grandfathering and First-Time Home Purchasers
|
Electronic Registration for users of Teraview version 6.0
- Exemption/Rebate:
If your client qualifies for an exemption, a rebate, or partial rebate, of the Municipal Land Transfer Tax, you may apply for an immediate exemption or rebate at the time of registration.
- Refer to our User's Guide for complete instructions
.
|
Non-Electronic Registration
- Exemption/Full or Partial Rebate
If your client is eligible for a rebate of all or part of the Municipal Land Transfer Tax as a first time home buyer, a First Time Home buyer Rebate Affidavit will have to be submitted with a copy of the registered document.
- If application is being made for the "grandfathering" rebate, a copy of the agreement of purchase and sale should be appended to the MLTT Rebate Affidavit.
|
Form:
MLTT Rebate Affidavit
|
|
Delivery of Payment and Documents
|
Except when Municipal Land Transfer Tax is being collected by Teranet, the Municipal Land Transfer Tax is payable by certified cheque or bank draft payable to the Treasurer, City of Toronto.
The City of Toronto will issue Certifications of Payment or Verifications that no Municipal Land Transfer Tax is Payable at the following location only:
North York Civic Centre
Revenue Services
5100 Yonge Street, Lower Level
Toronto ON M2N 5V7
For your convenience, documents may also be dropped off at the following locations. Please note that no receipt will be issued for deliveries at the following locations:
Toronto City Hall
Tax & Water Counter
100 Queen St. West
Toronto, ON M5H 2N2
Ministry of Revenue
33 King Street West
P.O. Box 625
Oshawa, ON L1H 8H9
Toronto Land Registry Office
Ministry of Government and Consumer Services
4th Floor, 20 Dundas Street West
Toronto, ON M5G 2C2
|
|
|
