Buying Ontario Property With a Non-Resident Co-Buyer: How NRST Applies

One of the most common surprises in Ontario real estate closings involving mixed-status buyers — where one person is a Canadian citizen or permanent resident and the other is a foreign national — is that Ontario's Non-Resident Speculation Tax (NRST) applies to the entire purchase price, not just the non-resident's share. The 50/50 split on title does not cut the NRST in half.

If you are in this situation — buying with a spouse, partner, parent, sibling, or business associate who is a foreign national — this article explains the rules, the rebate options, and how to think about whether a different title structure might serve you better.

NRST questions like this come up often in our real estate law services — flat-fee purchases, sales, and mortgages across Ontario.

As of writing. NRST rates, rules, and rebate conditions change. Verify all current figures and eligibility criteria with the Ontario Ministry of Finance before signing an agreement of purchase and sale.

Why Does the Full Price Get Taxed?

The NRST is triggered by the presence of a foreign national as a registered buyer on title. The Ontario Land Transfer Tax Act (the statute that governs the NRST) does not prorate the tax based on the foreign buyer's ownership percentage. The moment a foreign national is one of the purchasers, the full purchase price is subject to NRST.

Illustration (rates illustrative — verify current rate): If the NRST rate is 25% and the purchase price is $900,000, the NRST is $225,000 — the full amount, not $112,500 (which would be 25% of the 50% non-resident share). This is the rule as it stands as of writing.

Who Pays the NRST in a Joint Purchase?

The NRST is collected from the buyers as a group at closing. Your real estate lawyer will collect it along with land transfer tax and legal fees. It does not matter which buyer the funds come from — the obligation is joint.

In practice, the parties often agree between themselves how to split the NRST cost internally (for example, the foreign national co-buyer reimburses the Canadian co-buyer for the NRST), but the province collects the whole amount from the transaction.

Does the Canadian Co-Buyer's Status Help?

The Canadian co-buyer's citizenship or permanent resident status does not exempt the purchase. However, there is one scenario where a co-purchaser exemption exists: purchasing with a spouse or common-law partner who is a Canadian citizen, permanent resident, or registered Indian may attract specific treatment under current federal foreign buyer ban regulations. This is separate from the NRST — for the federal ban, joint purchases with a qualifying Canadian partner may be permitted even if the other buyer is a non-Canadian.

For the provincial NRST, there is also a spousal exemption: where the foreign national purchases jointly with a spouse who is a Canadian citizen, permanent resident, nominee, or protected person, the transfer may be exempt from NRST outright at the time of purchase — not merely eligible for a rebate afterwards — subject to conditions set by the Ontario Ministry of Finance. Where that exemption does not apply, the purchase may still be exempt if the foreign co-buyer is an Ontario Immigrant Nominee Program nominee or a protected person, subject to conditions; otherwise, relief comes only if the foreign co-buyer qualifies for a rebate after the fact.

NRST Rebates in Joint Purchase Scenarios

A rebate of the full NRST is available only if the non-resident co-buyer meets all of these conditions:

• Becomes a permanent resident within the prescribed window
• Holds title alone or only with their spouse, and they were already spouses on the closing date
• Has lived in the home as their principal residence from within 60 days after the purchase was registered

The rebate is applied for by the non-resident buyer on the basis of their own eligibility. If the non-resident co-buyer qualifies, the full NRST paid is typically refunded.

If the non-resident co-buyer does not qualify for any rebate, the NRST is a permanent cost of the purchase — it is not reduced because the Canadian co-buyer is on title.

Should the Non-Resident Co-Buyer Be on Title?

Sometimes the question of who appears on title is flexible — the Canadian buyer could purchase alone. Whether removing the foreign national from title is a good idea depends on factors that go beyond tax:

Reasons a non-resident might stay on title:

• They are contributing money to the purchase and want to protect their investment legally
• Ownership of the property is being shared equally
• They intend to live in the property and qualify for an NRST rebate

Reasons a non-resident might not be on title:

• They are not contributing to the purchase and are informally "helping"
• They want to avoid the NRST and the rebate application complexity
• The Canadian buyer can qualify for the purchase on their own

If the non-resident is paying but not on title: This creates a beneficial ownership arrangement with its own risks (see below). Do not enter into this structure without legal advice.

The Beneficial Ownership Risk

If a foreign national contributes money to a purchase but their name does not appear on title, the property may still be treated as being held in trust for them. The NRST legislation includes provisions addressing trusts and beneficial ownership — a purchase structured to avoid the NRST through a nominee arrangement may be reassessed by the Ministry. Penalties for deliberate avoidance can be significant.

Legitimate title planning (e.g., the Canadian spouse buys alone because the other party's contribution is a gift) is different from using a nominee to hide beneficial ownership. The line matters and your lawyer needs to understand the financial and family arrangement clearly.

Federal Underused Housing Tax Implications

For 2025 and later years, the federal Underused Housing Tax (UHT) no longer applies: no UHT is payable and no UHT return is required. It was a federal tax, separate from the NRST.

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