Ontario NRST and Toronto MNRST FAQ
Table of Contents
NRST Basics and Scope
The NRST is a one-time 25% tax on the value of the consideration for the transfer — usually the purchase price, but it can include assumed mortgages and certain deemed amounts of residential property in Ontario, charged at closing when a non-Canadian (foreign buyer) buys a home. It’s applied on top of the regular land transfer taxes.
NRST Exemptions
Yes. Ontario’s NRST spousal exemption treats common-law partners the same as married spouses. As long as the couple has cohabited continuously for at least three years, or are in a relationship of some permanence and are together the parents of a child (Family Law Act, s. 29) — where the couple has a child together there is no minimum cohabitation period together), a Canadian/PR and their foreign common-law partner can use the spousal exemption.
NRST Rebates
NRST Relief (Section 20)
Yes – there have been rare cases. Notably, in the Yavari case, in Yavari (2024 ONSC 5296), a buyer became a permanent resident ten days after the four-year window because of COVID-related immigration delays — on judicial review, the Divisional Court quashed the Minister’s refusal of s. 20 relief as unreasonable and sent it back for reconsideration. It shows that while difficult, it is possible to get NRST back if you present a very strong case for relief. However, such successes are uncommon; most people have to meet the regular rules to avoid the tax.
Toronto’s Municipal NRST (MNRST)
It’s integrated with the existing process. At closing, your lawyer will claim a Toronto MNRST exemption in the land transfer tax affidavits (alongside the NRST exemption) if you qualify – this is done through the Teranet electronic system when registering the deed. For rebates, the provincial NRST rebate is applied for through the Ontario Ministry of Finance. Toronto’s municipal NRST is administered by the City, and a separate application to the City may be required — until confirmed otherwise, apply to both(the City of Toronto works with the province so that one application can cover both the 25% and 10% refunds). Essentially, you don’t need a separate procedure – the exemption is declared at purchase by your lawyer, and the rebate is requested via the same provincial form, which will trigger the refund of both taxes.
Other Common Questions
The Ontario government will pursue the unpaid tax, with penalties. If a foreign buyer fails to pay NRST (for instance, by not disclosing their status), the Ministry of Finance can assess the tax later, add interest from the closing date, and apply hefty penalties (in serious cases,significant penalties and interest and, on conviction, fines). Making a false declaration is an offense, and the government can also place a lien on the property for unpaid NRST. In short, attempting to evade NRST can lead to much higher costs and legal trouble, so it’s not worth the risk.