First-Time Homebuyer or Not?

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Key Takeaway
First-time homebuyer rebate eligibility isn’t as simple as “Have you bought a home before?”—spousal history, property use, and timing all play a role in whether buyers qualify.

When you ask someone, “Are you a first-time homebuyer?”, most think it simply means, “Is this your first time buying a property?”

Generally, the reason this question gets asked is to determine eligibility for the First-Time Homebuyer (FTHB) Land Transfer Tax Rebate.

The rules, however, are a little more complicated than that.

Some assume they qualify automatically, while others don’t realize their spouse’s past homeownership could disqualify them.

Let’s break it down so you can guide your clients with confidence.

Who Qualifies for the Rebate?

To be eligible, a buyer must meet all of the following:

âś” At least 18 years old

âś” Canadian citizen or permanent resident

âś” Never owned a home anywhere in the world

âś” If married or common-law, their spouse must also have never owned a home while they were together

âś” Must move into the home as their principal residence within 9 months of closing

How Much is the Rebate Worth?

  • Ontario LTT rebate: Up to $4,000
  • Toronto LTT rebate (if applicable): Up to $4,475

How Do Buyers Claim It?

The buyer’s lawyer will include the necessary statements in the closing documents, applying the rebate to reduce or eliminate the Land Transfer Tax (LTT) payable at closing.

If the rebate wasn’t applied at closing—whether due to oversight or a late qualification—the buyer can submit a refund application afterward. This must be done within 18 months of closing.

FAQs

I didn’t claim the rebate before, so I can still get it, right?

Wrong. The rebate is not about whether you’ve claimed it before—it’s about whether you’ve ever owned a home anywhere in the world. If you’ve owned property before, even if you never applied for the rebate, you’re disqualified.

I’m a first-time homebuyer, but my spouse is not. Do I still qualify?

It depends. If your spouse sold their previous home before you became spouses, you can claim 100% of the rebate, even if both of you are on title. But if your spouse owned a home while you were married, neither of you qualifies..

Can I get the rebate for an investment property?

No. The rebate only applies if you plan to live in the home as your principal residence within 9 months of closing. If the property is strictly an investment, you’re not eligible.


Written by
Zachary Soccio-Marandola
Real Estate Lawyer

Direct: (647) 797-6881
Email: zachary@socciomarandola.com
Website: socciomarandola.com
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