TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Licensed by the Law Society of OntarioFlat fees published upfrontWe reply to messages within 1 business daySign in
Learn/Ask a Lawyer/Real Estate/What Happens If You…
Real Estate

What Happens If You Understate the Purchase Price to Pay Less Land Transfer Tax in Ontario?

TSL Written by the Treadstone Law Team· Updated November 1, 2026

Understating the price on a transfer can expose you to a criminal fine, a separate penalty and a denied tax benefit. Ontario land transfer tax is normally calculated on the amount paid for the land, including any mortgage the buyer assumes. The Act defines the value of the consideration as the gross sale price plus any benefit of whatever kind conferred as part of the arrangement.

Making a false or deceptive statement, such as understating the price, is an offence. The fine is at least the greater of $1,000 or 50% of the tax that should have been paid, up to twice that tax, and a court can also impose up to two years of imprisonment. Where tax goes unpaid through fraud or wilful default, the Minister may also assess a penalty of the greater of $500 and 25% of the unpaid tax. A general anti-avoidance rule lets tax consequences be set to deny the benefit of an avoidance transaction.

Lawful ways to pay less or nothing do exist, such as a genuine gift where no consideration of any kind passes. Rates and exemptions may change, and Toronto's municipal tax is separate, so confirm your situation with a lawyer.

Key takeaways

  • Land transfer tax counts the gross price, any assumed mortgage and any other benefit conferred as part of the deal, not just the number written on the transfer.
  • Understating the price is an offence with a fine of at least the greater of $1,000 or 50% of the tax owed, up to twice that tax, and up to two years of imprisonment.
  • Separate penalties and the general anti-avoidance rule can apply on top of the fine, including a penalty of the greater of $500 and 25% of tax unpaid through fraud or wilful default.
  • Lawful routes exist, such as a genuine gift with no consideration or a change between joint tenancy and tenancy in common, but each depends on the facts.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.

Go deeper

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

Still have questions?

Search our answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →