Does the BC foreign buyer tax apply to permanent residents or work-permit holders in British Columbia?
This answer covers the law of British Columbia.
Whether the BC foreign buyer tax applies to you depends on whether you are a foreign national under the Property Transfer Tax Act. How permanent resident or work-permit status fits that definition depends on your situation, so it is worth confirming with a lawyer. The Property Transfer Tax Act defines a foreign national by reference to the federal Immigration and Refugee Protection Act, and it also covers foreign corporations and certain trustees.
The tax is called the additional property transfer tax. It is charged on the fair market value of your proportionate share, on the residential portion only, in five regional districts, including Metro Vancouver Regional District and the Capital Regional District. The Act says 15% unless a different rate is prescribed, while the Province publishes 20%, so confirm which rate applies. It is filed with the regular property transfer tax return.
Some buyers are exempt. A confirmed B.C. Provincial Nominee buying a principal residence as an individual can claim an exemption once, but family members are not exempt and pay on their share if they are also foreign nationals. Properties on Tsawwassen First Nation treaty lands are also outside the tax. A lawyer can confirm your status and options.
Key takeaways
- The test is whether you are a foreign national under the Property Transfer Tax Act, which refers to the federal Immigration and Refugee Protection Act.
- The additional tax is charged on the residential portion only, in five named regional districts, and is filed with the property transfer tax return.
- A confirmed B.C. Provincial Nominee buying a principal residence can claim an exemption once, but family members are not exempt.
- Because your immigration status drives the result, confirm it with a lawyer before you sign a purchase contract.