If I hold property through a trust, does that count as ownership for the first-time buyer LTT rebate?
The Ontario first-time home buyer land transfer tax rebate eligibility turns on whether you have previously owned a home, which can include beneficial ownership — not just legal title. If you are the beneficial owner of property held in a trust (meaning you are the person who has the economic benefit and control of the property), that prior beneficial ownership may disqualify you even if your name was not on title.
Conversely, if you were merely a bare trustee holding legal title for someone else's benefit, with no beneficial interest yourself, the Ministry of Finance may not consider you to have "owned" the home for rebate purposes.
The distinction between legal and beneficial ownership is a technical one that the Ministry of Finance does look at when assessing eligibility. If you have been involved with property through any trust arrangement — as trustee, settlor, or beneficiary — get a legal opinion before closing to determine whether that history affects your first-time buyer status.
Key takeaways
- Beneficial ownership through a trust can count as prior home ownership for rebate purposes.
- Bare trustees holding title for others may not be considered prior owners.
- The legal/beneficial ownership distinction is technical and fact-specific.
- Consult a lawyer if you have any trust-related property history.