- If no consideration is paid, a full exemption applies
- If consideration is paid, the full exemption applies if the property was the principal residence of the bankrupt immediately before the bankruptcy and the property is not greater than 0.5 hectares (1.24 acres). If the property is greater than 0.5 hectares, a partial exemption may be available
- The full exemption applies if the property was the bankrupt's principal residence immediately before bankruptcy and the property is not greater than 0.5 hectares. If the property is greater than 0.5 hectares, a partial exemption may be available. These rules apply whether consideration is paid or not.
[sections 14(3)(n), (o), (p)]
13 - Vendor’s Interest Under Agreement for Sale
A transfer of the vendor’s interest under an agreement for sale, if the transferee is not the purchaser under the agreement for sale.
14 - Fee Simple/Agreement for Sale
A transfer of property to the purchaser, or assignee of the purchaser, under a registered agreement for sale if the property transfer tax was paid when the agreement for sale, or the assignment of the agreement for sale, was registered at the land title office.
15 - Separation Agreement – Related
A transfer made in accordance with a written separation agreement or a court order under the Family Law Act where the transferee and transferor are spouses or former spouses of each other. Attach a copy of the signed separation agreement, court order or divorce decree to the tax return.
16 - Changing a Joint Tenancy to a Tenancy in Common
A transfer to change a joint tenancy to a tenancy in common if:
- the owners before and after the transfer are the same, and
- there is no change to the ownership interest held by each owner.
This same code can be used if a transfer is made to change a tenancy in common to a joint tenancy if the same conditions are met.
17 - Lease
Registration of a lease agreement with a term of 30 years or less, including all extensions and options to renew, remaining at the date of registration.
18 - Family Farm Corporation
A transfer of a family farm:
- From an individual to a family farm corporation
- From a family farm corporation to an individual
- From a trustee of a deceased’s estate to a family farm corporation
- From a trustee of a trust settled in the lifetime of the settlor to a family farm corporation
[sections 14(3)(c.1) or (d.1), (f), (g)]
19 - Escheat or Forfeit to Crown
A transfer where land reverts, escheats or forfeits to the Crown, or the transfer back to the original owner.
20 - Transfer to Municipality, Regional District, etc.
A transfer to any of the following:
- A regional district
- A municipality
- An improvement district
- The Islands Trust
- A board of school trustees (as defined in the School Act)
- A francophone education authority (as defined in the School Act)
- The Okanagan Basin Water Board
- A water users' community (as defined in the Water Users' Communities Act)
- A regional hospital district
- A library board (as defined in the Library Act)
- A greater board (as defined in the Community Charter)
- Any board incorporated by letters patent that provides services similar to those of a greater board
21 - Life Estate Interest
A transfer of a life estate, where the transferee of the life estate transferred the fee simple estate in the property to the transferor of the life estate in a concurrent transaction.
22 - Registered Charities
A transfer to a charity as defined in the Income Tax Act (Canada) if:
- The charity is registered with the Canada Revenue Agency, and
- The land will be used for a charitable purpose.
A transfer to a person if:
- The land is held by the person for a congregation, religious organization or religious society under the Trustee (Church Property) Act, the Lutheran Student Foundation of British Columbia Act, the United Church of Canada Act or An Act Respecting the President of the Lethbridge Stake of the Church of Jesus Christ of Latter-day Saints (Canada),
- The congregation, religious organization or religious society is a charity registered with the Canada Revenue Agency, and
- The land will be used for a charitable purpose.
You must include the Charitable Registration Number in the tax return.
23 - Health Authorities, Educational Institution, etc
A transfer to any of the following:
- A board or council as defined by section 1 of the Health Authorities Act
- A designated educational institution as defined in section 118.6(1)(a) of the Income Tax Act (Canada), if the land being transferred will be used for an educational purpose
- A corporation established under the University Foundations Act or the Trinity Western University Foundation Act
- An educational institution that receives grants under the Independent School Act, if the land being transferred will be used for an educational purpose
- A corporation or committee established under the First Peoples’ Heritage, Language and Cultural Act
[sections 14(a), (c), (d), (i) and (j)]
25 - Trustee/Settlor
- A transfer from a settlor to the Public Guardian and Trustee, or a trustee that’s another trust company under the Financial Institutions Act authorized to carry out trust business by an authorization under that Act, if:
- The settlor is a natural person, (an individual human being as opposed to a corporation or organization)
- The settlor was the registered owner of the fee simple interest in the land immediately before the transfer to the trustee
- The administration of the trust estate is for the sole benefit of the settlor
- On the termination of the trust, the land reverts to the settlor or to the executor or administrator of the settlor’s estate
- The land transferred is to be held in trust for the sole benefit of a minor
- The minor is a related individual of the transferor or of the person whose estate is the transferor
- The land transferred is a family farm or a recreational residence or was the principal residence of the transferor, or the person whose estate is the transferor, or of the minor
- The land transferred is to be held in trust by the Public Guardian and Trustee for the sole benefit of a minor
- The minor is a related individual, or a sibling or a spouse of a sibling of the transferor or a person whose estate is the transferor
- The land transferred was a family farm
[sections 14(4)(p), ( p.1), (p.2), (p.3), (p.21) and (p.22)]
26 - Change in Trustee
A transfer from a transferor to a transferee, each of whom is registered under the Land Title Act as a trustee of the land, if the change in trustee is for reasons that do not relate directly or indirectly to a change in beneficiaries or in a class of beneficiaries or a change in the terms of the trust.
If this exemption is claimed, we may request a declaration from the transferor and the transferee.
Note: This exemption doesn’t apply to the additional property transfer tax.
28 - Ministerial Order
A transfer where the government of B.C. is the transferor and the transaction has been designated by the Minister of Finance as exempt from payment of property transfer tax.
Attach a copy of the Minister’s designation to the tax return.
29 - Mortgagee/Fee Simple Owner
A transfer to a mortgagee, if the mortgagee was the registered owner of the property immediately before the transfer.
30 - Cancellation of Agreement for Sale
A transfer due to the cancellation of an agreement for sale if the transferee is the original vendor under the agreement for sale.
31 - Lease/Concurrent Fee Simple
A transfer consisting of a lease, sublease or right to occupy premises, together with a concurrent transfer of the estate in fee simple, or a right to purchase the estate in fee simple, to the same land, and the lessee and the transferee are the same and tax was paid on the registration of the transfer to fee simple or the right to purchase.
32 - Veterans Land Act
A transfer from the Director of the Veterans’ Land Act (Canada) to a veteran or the spouse or surviving spouse of a veteran.
34 - Subdivision - Single Lot
A transfer, immediately following the registration of a subdivision of a single parcel of land into smaller parcels, if each transferee acquires a registered interest in one or more parcels having a proportionate share in the total fair market value of the new parcels that is no greater than the proportionate share in the fair market value of the original parcel they held immediately before the subdivision.
35 - Conveyance Error
A transfer for the purpose of reconveying land that was transferred in error or to correct an error in the description or survey to the property.
See Transfer to correct a conveyance error for more information about this exemption.
37 - Transfer to Crown in Right of Canada
A transfer to the Crown in right of Canada, or to a corporation listed in Schedule 1 of the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act (Canada).
38 - Amalgamation
- An application under section 191 of the Land Title Act in respect of an amalgamation:
- Under Division 3 of Part 9 of the Business Corporations Act,
- Under sections 181 to 186 of the Canada Business Corporations Act (Canada), or
- Under similar provisions of an enactment of Canada or of a province.
Attach a copy of the amalgamation certificate to the tax return.
- An application under Division 1 of Part 7 of the Societies Act in respect of an amalgamation of two or more British Columbia societies.
Note: This doesn’t apply to the additional property transfer tax.
Attach a copy of the certificate of incorporation respecting the amalgamation.
[section 14(4)(u) and (w)]
39 - Transfer to Crown by Municipal Bylaw
A transfer to the government of B.C.:
- In accordance with a bylaw:
- Under section 27 [exchange or other disposal of park land] of the Community Charter, or
- Section 281 [exchange of park land: application of Community Charter] of the Local Government Act
[section 14(3)(t) or (t.1)]
40 - Related Individual - Deceased Estate
A transfer of a principal residence, or an interest in a principal residence, from a trustee of a deceased’s estate, to a beneficiary of the estate who was a related individual of the deceased at the time of death and, immediately before the deceased's death, the land transferred was the principal residence of the deceased or had been the principal residence of the transferee for a continuous period of at least six months.
Note: If the property is larger than 0.5 hectares or is classified other than residential, the transfer may not be fully exempt.
41 - Principal Residence – Trust
A transfer of a principal residence, or an interest in a principal residence, from a registered trustee of a trust settled in the lifetime of the settlor, to a beneficiary of the trust who is a related individual of the settlor of the trust. Also, the land transferred has been the principal residence of the settlor or the beneficiary for a continuous period of six months immediately prior to the transfer.
Note: If the property is larger than 0.5 hectares or is classified other than residential, the transfer may not be fully exempt.
42 - Principal Residence – Trust
A transfer from a trustee of a trust settled during the lifetime of the settlor, who has been continuously registered as such since August 18, 1990, to a transferee beneficiary who is a related individual of the settlor who occupied the property as their principal residence.
Note: If the property is larger than 0.5 hectares or is classified other than residential, the transfer may not be fully exempt.
43 - Environmental Charge
A transfer of property where, at the time of transfer, the property, or a portion of the property, within 6 months of the transfer is or will become subject to a registered conservation covenant preserving, protecting or conserving the property in its natural state.
Note: You may need to provide proof that the covenant will be registered within 6 months if it’s not done concurrently with the fee simple transfer.
[section 16(3), (4) and (5)]
45 - Strata Plan - Liquidator
- To a liquidator appointed under section 277 or 284 of the Strata Property Act of land, or
- Under section 275 of the Strata Property Act of land that was shown on a strata plan cancelled under that section.
[section 14(3)(p.1) or (p.2)]
46 - Final/Tax Agreement, Treaty First Nation
A transfer of land where a Treaty First Nation or its members have a Final Agreement or a Tax Treatment Agreement with the province which specifically states they're exempt from property transfer tax.
See Exemptions for First Nations for more information about this exemption.
47 - Strata Plan – Amendment
A transfer to facilitate an amendment to a strata plan:
- Under Division 1 of Part 15 of the Strata Property Act, or
- Under Division 1 of Part 15 in combination with section 80 and/or section 253 of the Strata Property Act if the transferee’s proportionate share of the fair market value of all the parcels immediately after the amendment does not exceed their proportionate share of the fair market value of all the parcels immediately before the amendment.
[section 14 (3) (p.3)]
48 - Life Estate Where Mortgage is Registered
A transfer of a life estate, if:
- Immediately before the transfer of a life estate, a mortgage is registered as a charge on the same land
- The transferee of the life estate was the tenant-for-life under a registered life estate in the same land, but the life estate was cancelled immediately before the registration of the mortgage referred to above
- The transfer of the life estate is on the same land, from the same transferor to the same transferee, and on the same conditions as the cancelled life estate.
49 - Newly Built Home
A transfer of a newly built home.
See Newly Built Home Exemption for more information about this exemption.
