Contenu de la décision
First Nations Tax Commission Commission de la fiscalité des premières nations
The First Nations Tax Commission, pursuant to the First Nations Fiscal Management Act, hereby approves the following law made by the Wasauksing First Nation in the Province of Ontario. Wasauksing First Nation Property Transfer Tax Law, 2018
Dated at Kamloops, British Columbia this 18th day of July, 2018.
On behalf of the First Nations Tax Commission C.T. (Manny) es — Chief Commissioner First Nations Tax Commission
Wasauksing First Nation Property Transfer Tax Law, 2018 WASAUKSING FIRST NATION PROPERTY TRANSFER TAX LAW, 2018
TABLE OF CONTENTS PART I Citation 2 PART II Definitions and References 2 PART III Administration 4 PART IV Tax Liability and Levy 5 PART V Exemptions from Taxation 8 PART VI Reviews, Information Requests and Inspections 9 PART VII Refunds 10 PART VIII Assessment, Reconsideration and Appeal 13 PART IX Records and Tax Certificates 15 PART X Penalties and Interest 16 PART XI Collection and Enforcement 16 PART XII General Provisions 17 SCHEDULES I Fair Market Value Determination II Information Required for Property Transfer Tax Returns III Notice of Property Transfer Tax Assessment IV Property Transfer Tax Certificate V Request for Information or Documents by PTT Administrator VI Request for Reconsideration VII Costs Payable by Debtor Arising from the Collection and Enforcement of Unpaid Taxes 1
Wasauksing First Nation Property Transfer Tax Law, 2018 WHEREAS: A. Pursuant to paragraph 5(1)(a) of the First Nations Fiscal Management Act, the council of a First Nation may make laws respecting taxation for local purposes of reserve lands, interests in reserve lands or rights to occupy, possess or use reserve lands;
B. The Council of the Wasauksing First Nation deems it to be in the best interests of Wasauksing to make a law that provides for the levy and collection of a tax on certain interests in land in the reserve at the time of the conveyance of those interests; and
C. The Council of the Wasauksing First Nation has given notice of this law and has considered any representations received by the Council, in accordance with the requirements of the First Nations Fiscal Management Act,
NOW THEREFORE the Council of the Wasauksing First Nation duly enacts as follows:
PART I CITATION Citation 1. This Law may be cited as the Wasauksing First Nation Property Transfer Tax Law, 2018. PART II DEFINITIONS AND REFERENCES Definitions and References 2.(1) In this Law: "Act" means the First Nations Fiscal Management Act, and the regulations enacted under that Act; "common-law partnership" means the relationship between two (2) persons who are cohabiting in a conjugal relationship;
"conveyance" means (a) a transfer, grant or other disposition of a lease by any method, including by court order (including an order absolute of foreclosure) or by the operation of any enactment,
(b) a transfer, grant or other disposition of a life estate in a lease, including by court order (including an order absolute of foreclosure) or by the operation of any enactment,
(c) the extension of the term of a lease by a lease modification agreement, and (d) a grant of an option to renew or extend the term of a lease; "Council" has the meaning given to that term in the Act; "chief executive director" means the person, appointed by the Council, who is responsible for the day-to-day operations of Wasauksing;
"expenditure law" means a law enacted under paragraph 5(1)(b) of the Act; "holder" means a person in possession of an interest in land or a person who, for the time being, (a) is entitled through a lease, licence or other legal means to possess or occupy the interest in land, (b) is in actual occupation of the interest in land, (c) has any right, title, estate or interest in the interest in land, or 2
Wasauksing First Nation Property Transfer Tax Law, 2018 (d) is a trustee of the interest in land; "improvement" means any building, fixture, structure or similar thing, other than land, that is included in the definition of "land", "real property" and "real estate" in the Assessment Act, R.S.O. 1990, c. A.31, and any manufactured home, and includes a structure to be constructed as part of an agreement to convey an interest in land;
"interest in land" means land or improvements, or both, in the reserve and, without limitation, may include any interest in land or improvements, any occupation, possession or use of land or improvements, and any right to occupy, possess or use land or improvements;
"lease" means a leasehold interest or estate in the reserve, and includes a sublease or any further sublease; "lease modification agreement" means an agreement that extends the term of a lease; "local revenue account" means the account referred to in section 13 of the Act; "manufactured home" means a structure, whether or not ordinarily equipped with wheels, that is designed, constructed or manufactured to
(a) be moved from one place to another by being towed or carried, and (b) provide (i) a dwelling house or premises, (ii) a business office or premises, (iii) accommodation for any other purpose, (iv) shelter for machinery or other equipment, or (v) storage, workshop, repair, construction or manufacturing facilities; "member" means a member of Wasauksing; "member of the family" means, in relation to a transferor, the parent, spouse, grandparent, child, grandchild, son-in-law, daughter-in-law, father-in-law or mother-in-law of the transferor;
"Notice of Property Transfer Tax Assessment" means a notice containing the information set out in Schedule III and includes an amended Notice of Property Transfer Tax Assessment;
"permanent resident of Canada" means a permanent resident as defined in the Immigration and Refugee Protection Act;
"person" includes a partnership, syndicate, association, corporation and the personal or other legal representatives of a person;
"principal residence" means the usual place where an individual makes their home; "PTT administrator" means a person appointed by the Council under subsection 3(1) to administer this Law;
"registration date" means the date on which an application is made to register a conveyance in the registry;
"registry" means a registry in which interests in land are registered; "Request for Information or Documents" means a request containing the information set out in Schedule V;
"Request for Reconsideration" means a request containing the information set out in Schedule VI; "reserve" means any land set apart for the use and benefit of Wasauksing within the meaning of the Indian Act;
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Wasauksing First Nation Property Transfer Tax Law, 2018 "residential", in respect of an interest in land, means used for residential purposes or zoned for residential uses;
"Return" means a tax return containing the information set out in Schedule II and in the form or forms determined by the PTT administrator;
"single family residence" means a structure or part of a structure that is designed for occupation as a residence, including a condominium unit, and includes a residence that is to be constructed as part of the arrangement relating to a conveyance;
"spouse" means a person who is married to another, whether by a traditional, religious or civil ceremony, and includes a spouse by common-law partnership;
"tax" means the property transfer tax imposed under this Law and includes all penalties, interest, and costs added to taxes under this Law;
"Tax Certificate" means a certificate containing the information set out in Schedule IV; "taxpayer" means a person liable for payment of tax under this Law; "transferee" means a person to whom an interest in land is conveyed or whose interest in land is created, increased or given effect to under a conveyance;
"transferor" means a person making a conveyance to a transferee; "value of the consideration" means the fair market value determined in accordance with the applicable rules and formulae set out in Schedule I; and
"Wasauksing" means the Wasauksing First Nation, being a band named in the schedule to the Act. (2) For the purpose of calculating tax payable under this Law, a person registered in the registry as the holder of the interest in land, other than a person registered only as the owner of a charge, is deemed to be the legal and beneficial holder of the interest in the land, even if the person holds the interest in land in trust.
(3) For the purposes of this Law, a person is considered to have only one (1) principal residence at a time.
(4) In this Law, references to a Part (e.g. Part I), section (e.g. section 1), subsection (e.g. subsection 2(1)), paragraph (e.g. paragraph 3(4)(a)) or Schedule (e.g. Schedule I) is a reference to the specified Part, section, subsection, paragraph or Schedule of this Law, except where otherwise stated.
(5) Unless otherwise specified, all references to named enactments in this Law are to enactments of the Government of Canada.
PART III ADMINISTRATION PTT Administrator 3.(1) The Council shall appoint a PTT administrator to oversee the administration and enforcement of this Law.
(2) The PTT administrator shall fulfill the responsibilities given to the PTT administrator under this Law and such other duties assigned to the PTT administrator by Wasauksing from time to time.
(3) The PTT administrator may, with the consent of the chief executive director, assign the performance of any duties of the PTT administrator to any officer, employee, contractor or agent of Wasauksing.
(4) The PTT administrator shall, in each year no later than June 30, report to the Council on the 4
Wasauksing First Nation Property Transfer Tax Law, 2018 administration of this Law during the previous fiscal year, which report shall include (a) the amount of all taxes levied; (b) the amount of all taxes received; (c) the amount of any exemptions from taxes; (d) the amount of any refunds of taxes; (e) a list of all requests for reconsideration received by the PTT administrator and the decision made respecting each request;
(f) any appeals filed; and (g) any enforcement proceedings taken. Revenues and Expenditures 4. Taxes collected by Wasauksing shall be placed in the local revenue account of Wasauksing and expended under the authority of an expenditure law or in accordance with section 13.1 of the Act.
PART IV TAX LIABILITY AND LEVY Tax Liability 5.(1) This Law applies to all interests in land, and every transferee is subject to tax at the time of application for registration of a conveyance in respect of an interest in land in accordance with this Law.
(2) Except where an exemption applies as provided in Part V, a tax (a) is levied and imposed on an interest in land at the time of the application for registration of a conveyance relating to that interest in land; and
(b) shall be paid by the transferee in accordance with this Law. (3) A person who is a transferee of a conveyance is liable for the tax even if (a) that person is also liable to pay taxes imposed under other property taxation laws of Wasauksing; or
(b) the interest in land acquired by a co-transferee of the conveyance is exempt from tax under this Law.
(4) Where there is more than one (1) transferee in respect of a conveyance, each transferee is jointly and severally liable to Wasauksing for the tax imposed under this Law.
(5) Subsection (4) does not apply to a co-transferee of a conveyance who is exempt from tax under this Law.
(6) Taxes are due and payable under this Law notwithstanding any proceeding initiated or remedy sought by a taxpayer respecting those taxes, including without limitation respecting the assessment of taxes, the applicability of an exemption or refund, or the taxpayer's liability to taxation.
Tax Payment and Filing Return 6.(1) On application for registration of a conveyance in the registry, the transferee shall (a) pay the tax computed at the rate set out in this Law; and (b) file a completed Return in accordance with this Law, whether or not the conveyance is exempt from tax under this Law.
(2) The registry shall refuse to accept an application for registration of a conveyance if
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Wasauksing First Nation Property Transfer Tax Law, 2018 (a) the transferee does not pay the tax owing at the time of registration; (b) the transferee does not file a completed Return; or (c) the PTT administrator or the registry staff have reasonable grounds to believe that the Return is incomplete, or the transferee does not qualify for an exemption being claimed on the Return.
(3) Payment of taxes shall be made by cheque, money order or electronic transfer. (4) Payments by cheque or money order shall be made payable to the Wasauksing First Nation, and payments by electronic transfer shall be made as directed by the PTT administrator.
(5) Wasauksing shall issue a receipt to the taxpayer for taxes paid under this Law. Payment of Estimated Tax 7.(1) Despite section 6, where the amount of tax owing on a conveyance cannot be determined on the registration date because an appraisal or other valuation information is required to determine the value of the consideration of the conveyance, the PTT administrator may, on the request of the transferee,
(a) estimate the tax owing using the best information available to the PTT administrator on the registration date; and
(b) authorize the registry to accept the application for registration of the conveyance on payment by the transferee of the PTT administrator's estimate of the tax owing.
(2) Where a transferee makes a payment of estimated tax owing under subsection (1), the PTT administrator shall, on receipt of the appraisal or other valuation information, determine the tax owing on the conveyance.
(3) Despite subsection (2), if the transferee was required to provide the appraisal or other valuation information and the transferee does not provide the information within the required time, the PTT administrator shall determine the tax owing on the conveyance on the registration date, based on the best information available to the PTT administrator at the time of the determination under this subsection.
(4) Where the PTT administrator makes a determination of tax owing under subsection (2) or (3), the PTT administrator shall deliver a Notice of Property Transfer Tax Assessment to the transferee and section 21 applies.
Tax Rate 8.(1) The tax levied under this Law shall be computed at the rate of (a) one half of one percent (0.5%) of the value of the consideration for the conveyance up to and including fifty-five thousand dollars ($55,000);
(b) one percent (1%) of the value of the consideration for the conveyance that exceeds fifty-five thousand dollars ($55,000) up to and including two hundred and fifty thousand dollars ($250,000);
(c) one and one-half percent (1.5%) of the value of the consideration for the conveyance that exceeds two hundred and fifty thousand dollars ($250,000) up to and including four hundred thousand dollars ($400,000); and
(d) two percent (2%) of the value of the consideration for the conveyance that exceeds four hundred thousand dollars ($400,000).
(2) In addition to the rates set out in subsection (1), if the value of the consideration for the conveyance exceeds $2,000,000 and the conveyance is a conveyance of an interest in land that contains at least one (1) and not more than two (2) single family residences, an additional tax shall be added at the rate of one-half of one percent (.5%) of the amount by which the value of the consideration exceeds $2,000,000.
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Wasauksing First Nation Property Transfer Tax Law, 2018 (3) If a transferee (a) applies to register a conveyance, and (b) within six (6) months after the application referred to in paragraph (a) applies to register one or more additional conveyances respecting the same interest in land,
the tax owing on the conveyance referred to in paragraph (b) shall be calculated based on the total value of the consideration of the conveyances referred to in paragraphs (a) and (b) as if all the conveyances referred to in paragraphs (a) and (b) were one conveyance.
(4) If (a) a transferee applies to register a conveyance, and (b) one or more members of the family apply, as transferees, at the same time as or within six (6) months after the application referred to in paragraph (a), to register one (1) or more conveyances respecting the same interest in land for which the transferor is not the person referred to in paragraph (a),
the tax owing shall be calculated based on the total value of consideration of the conveyances referred to in paragraphs (a) and (b) as if all those conveyances were a single conveyance, and the transferees referred to in paragraphs (a) and (b) are jointly and severally liable to pay the total tax owing.
(5) If (a) a transferee that is a corporation (in this subsection and subsection (6) called the "corporate transferee") applies for registration of a conveyance, and
(b) one or more corporations associated with the corporate transferee apply, as transferees, at the same time as or within six (6) months after the application referred to in paragraph (a), for registration of one or more conveyances respecting the same interest in land for which the transferor is not the corporate transferee,
the tax owing on the conveyances shall be calculated based on the total value of the consideration of the conveyances referred to in paragraphs (a) and (b) as if all those conveyances were a single conveyance, and the transferees referred to in paragraphs (a) and (b) are jointly and severally liable to pay that total tax.
(6) For the purposes of subsection (5), a corporation is associated with a corporate transferee if the corporation and the corporate transferee are associated, within the meaning of section 256 of the Income Tax Act, on the registration date of the conveyance referred to in subsection (4).
Tax Return 9.(1) A Return shall be dated and certified by (a) each transferee of the conveyance to which the Return relates, or an agent authorized in writing to make the Return on the transferee's behalf;
(b) the solicitor acting in the transaction as the solicitor for the transferee; (c) the presiding officer authorized to act for a corporation that is a transferee, or the vice-president, secretary, director or treasurer authorized to act for such corporation; or
(d) either of two transferees who are spouses of each other and both of whom are transferees, where the transferee certifying the Return is acting on behalf of the other of such transferees.
(2) The Return shall state that the person making it has personal knowledge of the facts stated in it, and it shall also state, where applicable, the capacity in which the person certifying the Return has acted and the name of any transferee on whose behalf the person is certifying the Return.
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Wasauksing First Nation Property Transfer Tax Law, 2018 Records to be Kept 10.(1) Every person required by this Law to deliver a Return shall keep at their place of residence in Ontario or at their principal place of business in Ontario such documents, records and accounts in such form and containing such information as will enable an accurate determination of the taxes payable under this Law.
(2) Records referenced under subsection (1) shall be kept for at least seven (7) years after the registration date of the conveyance to which they relate.
PART V EXEMPTIONS FROM TAXATION Applicability of Exemptions 11.(1) A transferee is exempt from taxation on a conveyance under this Law where (a) the conveyance is within any of the descriptions set out in sections 12 and 13; and (b) the transferee files a claim for the exemption concurrently with the transferee's completed Return and application for registration of the conveyance in the registry.
(2) A claim for an exemption under this section shall (a) be in the form required by the PTT administrator; (b) provide sufficient information for the PTT administrator to confirm that the conveyance or the transferee, as the case may be, qualifies for the exemption claimed; and
(c) include a consent by the transferee to the PTT administrator conducting inquiries respecting the conveyance and the transferee that the PTT administrator considers necessary to confirm the qualification for the exemption.
Exemptions from Tax 12.(1) A transferee is exempt from taxation on a conveyance under this Law where the conveyance is (a) from a transferor who is the spouse or former spouse of the transferee and at least one (1) of the following conditions is met:
(i) the only consideration given for the conveyance apart from natural love and affection is the assumption of any encumbrances burdening the interest in land,
(ii) the conveyance is in compliance with the terms of a written agreement pursuant to which the parties have agreed to live separate and apart, or
(iii) the conveyance is in compliance with the direction of an order or judgment made by a court of competent jurisdiction under an applicable provincial, federal or Wasauksing enactment respecting the division of matrimonial or family property;
(b) from a transferor to or in trust for or vested in a dependent of the transferor pursuant to an order made by a court of competent jurisdiction under an applicable provincial, federal or Wasauksing enactment respecting the division of matrimonial or family property;
(c) of a lease for an interest in land that is intended for subdivision, development and resale of at least five (5) parcels on the land, provided that the transferee completes a subdivision to create at least five (5) parcels within three (3) years after the registration date; and
(d) of a lease (other than a lease modification agreement) with an unexpired term that cannot exceed ten (10) years remaining as of the registration date, including any renewals or extensions of the term provided for in the lease or in a separate option to lease or other document entered into as part of the
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Wasauksing First Nation Property Transfer Tax Law, 2018 arrangement relating to the lease (whether or not the lessee and the optionee or person named in the document are the same persons).
(2) Despite paragraph (1)(d), the exemption from taxation in that paragraph does not apply to a conveyance where
(a) two (2) or more conveyances are made in respect of the same interest in land; (b) the applications for registration of the conveyances are made at the registry within six (6) months of each other;
(c) each of the conveyances provides a term during which a person is given a right to occupy the interest in land under a lease; and
(d) the terms referred to in paragraph (c) exceed ten (10) years in total. Additional Exemptions 13.(1) A transferee is exempt from taxation on a conveyance under this Law where the conveyance is to
(a) Wasauksing as the sole transferee; (b) a member where, in respect of the conveyance, (i) the member is the only transferee and the interest in land will be the transferee's principal residence,
(ii) all of the transferees are members, and the interest in land will be the principal residence of at least one of the transferees, or
(iii) the member and the member's spouse are the only transferees, and the interest in land will be the transferees' principal residence,
provided that the transferee will hold the interest in land directly and not as a trustee; or (c) a trustee who will hold the interest in land in trust only for the sole benefit of one (1) or more members and no other person.
(2) Where an exemption is given under paragraph (1)(b) or (c), Wasauksing shall (a) pay into the local revenue account an amount equivalent to the taxes that would have been payable by the exempted person had the exemption not applied; and
(b) make the payment under paragraph (a) using moneys that are not local revenues. PART VI REVIEWS, INFORMATION REQUESTS AND INSPECTIONS Review by PTT Administrator 14.(1) The PTT administrator shall review every Return, every claim for an exemption, and every application for a refund submitted under this Law.
(2) The PTT administrator may determine whether (a) a Return is accurate; (b) a claim for an exemption is accurate; (c) an application for a refund is accurate; (d) the tax owing has been paid as required by this Law; and (e) any provision of this Law has been contravened.
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Wasauksing First Nation Property Transfer Tax Law, 2018 Request for Information or Documents 15.(1) The PTT administrator may, for any purpose related to the administration or enforcement of this Law, deliver a Request for Information or Documents to any person, including a transferor, a transferee, or a holder of an interest in land on which tax has or should have been levied, and that person shall provide to the PTT administrator, within fourteen (14) days or a longer period as specified in the Request, such books, letters, accounts, invoices, financial statements or such other documents as the PTT administrator considers necessary to determine compliance with this Law.
(2) The PTT administrator is not bound by any information provided under subsection (1), and may, despite any information delivered or if no information is delivered, make a tax assessment in respect of taxes payable, or make any other determination or take such action as the PTT administrator determines appropriate.
Inspections 16.(1) The PTT administrator or another person authorized by Wasauksing may, for any purpose related to the administration or enforcement of this Law, at all reasonable times enter into any premises or place where any business is carried on or any property is kept, or where anything is done in connection with any business or where any books or records are or should be kept, and,
(a) audit or examine the books and records and any account or other document that relates or may relate to the information that is or should be in the books or records or to an amount payable under this Law;
(b) examine property described in any conveyance or any property, process or matter which may, in their opinion, assist in determining the accuracy of any Return required by this Law or in ascertaining the information that is or should be in the books or records or in a Return, or in ascertaining any amount payable under this Law; and
(c) require a transferee who is liable or possibly liable to pay tax under this Law, and any officer, director, agent or representative of that transferee or any person on the premises,
(i) to give them all reasonable assistance with their audit or examination, (ii) to answer all questions relating to the audit or examination either orally or, if they so require, in writing, on oath or by statutory declaration, and
(iii) to attend at the premises or place with them for the purposes of giving reasonable assistance and answering questions relating to the audit or examination.
(2) If a record has been inspected or produced under this section, the person by whom it is inspected or to whom it is produced may make copies of that record.
(3) A person shall not obstruct a person doing anything that they are authorized by this section to do. PART VII REFUNDS Refund of Taxes Paid 17.(1) If a person has paid tax pursuant to a Notice of Property Transfer Tax Assessment and, as a result of
(a) a decision of the PTT administrator under section 22, or (b) an order of the court under section 23, the tax payable is less than the amount actually paid, the PTT administrator shall refund the excess tax paid, including interest on the amount overpaid calculated in accordance with subsection (3).
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Wasauksing First Nation Property Transfer Tax Law, 2018 (2) If, after a person has paid tax under section 6, (a) the person withdraws the application for registration, or (b) the application for registration is rejected and not resubmitted, the PTT administrator shall refund the tax paid, including interest calculated in accordance with subsection (3).
(3) Where interest is payable on a refund of taxes under this Law, the PTT administrator shall calculate the interest payable as follows:
(a) interest accrues from the date that the taxes were originally paid to Wasauksing; (b) the interest rate during each successive three (3) month period beginning on January 1, April 1, July 1 and October 1 in every year is two percent (2%) below the prime lending rate of the principal banker to Wasauksing on the 15th day of the month immediately preceding that three (3) month period;
(c) interest will not be compounded; and (d) interest stops running on the earliest of the day payment of the money owed is mailed, delivered or actually received by the person to whom it is owed.
Refund of Taxes on Application 18.(1) Where a person has paid an amount as tax under this Law in circumstances where there was no legal obligation to pay the amount as tax, the person may apply to the PTT administrator for a refund of the amount paid.
(2) To claim a refund under subsection (1), a person shall (a) submit to the PTT administrator a written application, in the form required by the PTT administrator, signed by the person who paid the amount claimed; and
(b) provide sufficient evidence to satisfy the PTT administrator that the person who paid the amount is entitled to the refund.
(3) For the purposes of paragraph (2)(a), if the person who paid the amount claimed is a corporation, the application shall be signed by an authorized signatory of the corporation.
(4) Where the PTT administrator receives an application for a refund under this section and is satisfied that person paid an amount as tax in circumstances where there was no legal obligation to pay the amount as tax, the PTT administrator shall refund that amount to the person entitled to it, without interest.
(5) As a limitation on subsection (4), the PTT administrator shall not provide a refund for an amount paid more than two (2) years before the date on which the application for a refund is submitted under paragraph (2)(a).
(6) Where the PTT administrator determines that a refund is not payable under this section, the PTT administrator shall give a written notice to the transferee stating the reasons a refund is not payable and the notice is deemed to be a Notice of Property Transfer Tax Assessment for the purpose of allowing the taxpayer to make a Request for Reconsideration under this Law.
Refund on Purchase of Qualifying Home 19.(1) In this section, "purchaser" means an individual who is at least eighteen (18) years of age, who is a Canadian citizen or permanent resident of Canada, and who has never owned a qualifying home anywhere in the world
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Wasauksing First Nation Property Transfer Tax Law, 2018 and whose spouse has not owned a qualifying home anywhere in the world while they were a spouse of the individual; and
"qualifying home" means (a) a detached house; (b) a semi-detached house, including a dwelling house that is joined to another dwelling house at the footing or foundation by a wall above or below grade or both above and below grade;
(c) a townhouse; (d) a share or shares of the capital stock of a co-operative corporation if the share or shares are acquired for the purpose of acquiring the right to inhabit a housing unit owned by the corporation;
(e) a manufactured home that is suitable for year-round permanent residential occupation; (f) a condominium unit; (g) a residential dwelling that is a duplex, triplex or fourplex; or (h) a partial ownership interest as a tenant in common of real property if the ownership interest was acquired for the purpose of acquiring the right to inhabit a housing unit forming part of the real property.
(2) The PTT administrator shall refund, in accordance with this section and without interest, the tax payable under this Law by a purchaser in respect of the acquisition by the purchaser of a qualifying home to be used by the purchaser as their principal residence, provided the purchaser occupies the home as their principal residence no later than nine (9) months after the registration date of the conveyance.
(3) If an individual who would otherwise be eligible for a refund under subsection (2) is not eligible because the individual is not a purchaser within the meaning of subsection (1) because the individual is not a Canadian citizen or permanent resident of Canada on the registration date, that individual is eligible for the refund if they become a Canadian citizen or permanent resident of Canada within eighteen (18) months after the registration date of the conveyance.
(4) The maximum amount of tax refundable under subsection (2) in respect of the acquisition of a qualifying home is four thousand dollars ($4000).
(5) If the purchaser is not the only transferee in respect of a conveyance, the refund payable under subsection (2) to the purchaser shall be reduced to the portion of the refund, determined for all transferees, applicable to,
(a) the purchaser's interest acquired under the conveyance; and (b) the interest of the spouse of the purchaser who previously owned a qualifying home anywhere in the world prior to the time they became the spouse of the purchaser, if the spouse is named in the conveyance and is a Canadian citizen or a permanent resident of Canada on the registration date, or becomes a Canadian citizen or permanent resident of Canada within eighteen (18) months after the registration date.
(6) An application for a refund under this section may be made at the time of application for registration of the conveyance, and shall be made before the expiration of eighteen (18) months after the registration date of the conveyance.
(7) Where a purchaser makes an application for a refund at the time of application for registration of the conveyance, the PTT administrator may deduct from the tax payable the amount of the refund under this section.
(8) An application for a refund under this section shall 12
Wasauksing First Nation Property Transfer Tax Law, 2018 (a) be in the form required by the PTT administrator; (b) include a declaration that the transferee meets all of the requirements set out in this section; (c) provide sufficient information to confirm that the interest in land is a qualifying home; and (d) include a consent by the transferee to the PTT administrator conducting inquiries respecting the transferee that the PTT administrator considers necessary to confirm the qualifications of the transferee for the refund.
Recovery of a Refund Wrongly Obtained 20.(1) If a refund is made under this Law and the PTT administrator subsequently determines that the person was not entitled to the refund, or was entitled only to a refund in a lesser amount, the amount of the refund to which the person was not entitled is deemed to be tax imposed by section 6 which was required to have been paid by the person on the date the refund was made to the person.
(2) Where the PTT administrator makes a determination under subsection (1), the PTT administrator shall give a Notice of Property Transfer Tax Assessment to the person stating the reasons the person was not entitled to the refund, or was entitled only to a refund in a lesser amount, and the amount of taxes payable, including interest and penalties where section 28 applies.
PART VIII ASSESSMENT, RECONSIDERATION AND APPEAL Tax Assessment by PTT Administrator 21.(1) The PTT administrator may determine, in respect of a conveyance, and on information available to the PTT administrator,
(a) the value of the consideration of a conveyance; (b) the applicability of an exemption claimed under this Law; (c) the applicability of a refund under section 19; and (d) the tax owing by a transferee under this Law. (2) If the PTT administrator determines that (a) the value of the consideration indicated on a Return is not correct, (b) an exemption claimed by a transferee is not applicable, (c) a refund applied for by a transferee under section 19 is in whole or in part refused, or (d) for any reason a transferee has not paid the correct amount of tax, the PTT administrator shall make a tax assessment and deliver a Notice of Property Transfer Tax Assessment to the transferee.
(3) The Notice of Property Transfer Tax Assessment shall set out, as applicable, (a) the name and address of the transferee; (b) a description of the interest in land; (c) the PTT administrator's determination of the value of the consideration of the conveyance; (d) the PTT administrator's determination of the applicability of an exemption claimed by the transferee;
(e) the PTT administrator's determination of the applicability of a refund under section 19; (f) the PTT administrator's determination of the total amount of tax payable on the conveyance;
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Wasauksing First Nation Property Transfer Tax Law, 2018 (g) the amount of tax paid by the transferee; (h) any penalty and interest owing by the transferee under Part X, as of the date of the Notice of Property Transfer Tax Assessment;
(i) the balance of tax owing or overpaid; and (j) the date of the Notice of Property Transfer Tax Assessment. (4) The delivery of a Notice of Property Transfer Tax Assessment by the PTT administrator constitutes a statement of and demand for payment of the taxes where taxes are owing.
(5) Where a Notice of Property Transfer Tax Assessment indicates an overpayment of taxes, the PTT administrator shall refund any excess taxes that have been paid, in accordance with this Law.
(6) Where a Notice of Property Transfer Tax Assessment indicates taxes owing, the taxes are due and payable within thirty (30) days after the date shown on the Notice of Property Transfer Tax Assessment, whether or not a taxpayer delivers a Request for Reconsideration in respect of the tax assessment.
(7) Subject to being varied on reconsideration, or varied or vacated on appeal, a Notice of Property Transfer Tax Assessment is valid and binding despite any error, defect, omission, or error in procedure.
(8) Except as provided in subsections (9), (10) or (11), the PTT administrator shall issue a Notice of Property Transfer Tax Assessment within one (1) year after the registration date of a conveyance.
(9) Where a claim for an exemption is made under paragraph 12(1)(c), the PTT administrator shall issue a Notice of Property Transfer Tax Assessment within forty (40) months after the registration date of the conveyance relating to the exemption.
(10) Where an application for a refund is made under section 19, the PTT administrator shall issue a Notice of Property Transfer Tax Assessment within twenty-four (24) months after the registration date of the conveyance relating to the refund.
(11) Despite the time limitations set out in this section, where the PTT administrator determines that a person has made any misrepresentation that is attributable to neglect, carelessness or willful default, or has committed any fraud, in supplying any information under this Law, in claiming an exemption or applying for a refund, or in omitting to disclose any information, or the person has failed to deliver a Return required by this Law, the PTT administrator may make a tax assessment and deliver a Notice of Property Transfer Tax Assessment to that person at any time.
Reconsideration of Tax Assessment 22.(1) A transferee who receives a Notice of Property Transfer Tax Assessment may request that the PTT administrator reconsider that tax assessment by delivering a Request for Reconsideration to the PTT administrator within sixty (60) days after the date shown on the Notice of Property Transfer Tax Assessment.
(2) A Request for Reconsideration shall include the reasons for the request and set out all relevant facts, including an estimate of the value of the consideration of the conveyance if that information is relevant to the request.
(3) On receipt of the Request for Reconsideration, the PTT administrator shall consider the request and, within thirty (30) days after receiving the Request for Reconsideration, either
(a) confirm the assessment or the refusal to provide a refund, as the case may be; or (b) vary the assessment or provide a refund, as the case may be. (4) Where, under subsection (3), the PTT administrator confirms the assessment or the refusal to provide a refund, the PTT administrator shall give a written notice of that decision to the transferee.
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Wasauksing First Nation Property Transfer Tax Law, 2018 (5) Where, under subsection (3), the PTT administrator decides to vary an assessment or provide a refund, the PTT administrator shall determine the taxes and interest owing on the conveyance, if any, or the refund payable, as the case may be, and deliver an amended Notice of Property Transfer Tax Assessment to the transferee reflecting the decision.
(6) The PTT administrator may extend the time limit for a transferee to deliver a Request for Reconsideration where
(a) an application for extension is made before the expiry of the time allowed under subsection (1); and
(b) the application contains the reason for the extension and specifies the period of time applied for. (7) A Request for Reconsideration may not be made in respect of a reconsideration decision, or in respect of an amended Notice of Property Transfer Tax Assessment given under subsection (5).
Appeal to Court 23.(1) An appeal lies from a decision of the PTT administrator under section 22 to a court of competent jurisdiction.
(2) An appeal under this section shall be commenced within sixty (60) days of the notice of the PTT administrator's decision.
(3) An appeal under this section is a new hearing that is not limited to the evidence and issues that were before the PTT administrator.
(4) The court may dismiss the appeal, allow the appeal, vary the decision from which the appeal is made or refer the decision back to the PTT administrator for reconsideration.
(5) An appeal lies from a decision of the court to the appellate court with leave of a justice of that court.
PART IX RECORDS AND TAX CERTIFICATES Record of Taxes Levied 24. The PTT administrator shall keep the following records in respect of the administration of this Law:
(a) all taxes levied; (b) all Returns received; (c) all applications for exemptions received and the decision made respecting each request; (d) all tax payments made and receipts issued; (e) all requests for reconsideration received by the PTT administrator and the decision made respecting each request;
(f) all refund applications received and all refunds paid; and (g) all enforcement proceedings taken. Tax Certificate 25.(1) On receipt of a written request and payment of the fee set out in subsection (2), the PTT administrator shall issue a Tax Certificate showing whether taxes have been paid in respect of a conveyance, and if not, the amount of taxes outstanding.
(2) The fee for a Tax Certificate is fifty dollars ($50) for each conveyance.
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Wasauksing First Nation Property Transfer Tax Law, 2018 PART X PENALTIES AND INTEREST Interest 26. Where this Law provides for the payment of interest on unpaid taxes, the interest accrues on the unpaid taxes at the rate of fifteen percent (15%) per year until paid or recovered.
Penalty 27. Where this Law provides for a penalty to be added to unpaid taxes, a one-time penalty of ten percent (10%) of the portion of the taxes that remain unpaid shall be added to the amount of the unpaid taxes and the amount added is, for all purposes, deemed to be part of the taxes.
Penalty and Interest in Certain Situations , 28. If the PTT administrator determines that a transferee provided information that is false or misleading
(a) in support of an exemption from tax under this Law, (b) in support of an application for a refund under this Law, or (c) relating to the value of the consideration of a conveyance, the transferee shall pay, in addition to the taxes owing on the conveyance, a penalty on the unpaid taxes added as of the registration date or the date a refund was given, as applicable, and interest calculated from the registration date or the date a refund was given, as applicable.
Penalty and Interest Where Notice of Property Transfer Tax Assessment Not Paid 29.(1) Except where a penalty is applied under section 28, a penalty shall be added to taxes that remain unpaid on the day after the due date shown on a Notice of Property Transfer Tax Assessment.
(2) Except where interest is applied under section 28, interest shall accrue on taxes that remain unpaid on the day after the due date shown on a Notice of Property Transfer Tax Assessment, starting on the first day after the due date until the date the taxes are actually paid.
PART XI COLLECTION AND ENFORCEMENT Recovery of Unpaid Taxes 30.(1) Taxes levied under this Law are a debt owed to Wasauksing, recoverable by Wasauksing in a court of competent jurisdiction or in any manner permitted by law and, unless otherwise provided, the use of one method does not prevent seeking recovery by one or more other methods.
(2) A copy of a Notice of Property Transfer Tax Assessment that refers to the taxes payable by a person, certified as a true copy by the PTT administrator, is evidence of that person's debt for the taxes.
(3) Costs incurred by Wasauksing in the collection and enforcement of unpaid taxes (a) are determined in accordance with Schedule VII; and (b) are payable by the debtor as unpaid taxes. Creation of Lien 31.(1) Unpaid taxes are a lien on the interest in land to which they pertain that attaches to the interest in land and binds subsequent holders of the interest in land.
(2) The PTT administrator shall maintain a list of all liens created under this Law and file a notice of the lien in the registry.
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Wasauksing First Nation Property Transfer Tax Law, 2018 (3) A lien listed under subsection (2) has priority over any unregistered or registered charge, claim, privilege, lien or security interest in respect of the interest in land.
(4) The PTT administrator may apply to a court of competent jurisdiction to protect or enforce a lien under subsection (1) where the PTT administrator determines such action is necessary or advisable.
(5) On receiving payment in full of the taxes owing in respect of which a lien was created, the PTT administrator shall register a discharge of the lien without delay.
(6) Discharge of a lien by the PTT administrator is evidence of payment of the taxes with respect to the interest in land.
(7) A lien is not lost or impaired by reason of any technical error or omission in its creation or recording in the list of liens.
PART XII GENERAL PROVISIONS Disclosure of Information 32.(1) The PTT administrator or any other person who has custody or control of information or records obtained or created under this Law shall not disclose the information or records except
(a) in the course of administering this Law or performing functions under it; (b) in court proceedings or pursuant to a court order; or (c) in accordance with subsection (2). (2) The PTT administrator may disclose to the agent of a transferee confidential information relating to the conveyance if the disclosure has been authorized in writing by the transferee.
(3) An agent shall not use information disclosed under subsection (2) except for the purposes authorized in writing by the transferee referred to in that subsection.
Disclosure for Research Purposes 33. Notwithstanding section 32, (a) the PTT administrator may disclose information and records to a third party for research purposes, including statistical research, provided the information and records do not contain information in an individually identifiable form or business information in an identifiable form;
(b) The Council may disclose information and records to a third party for research purposes, including statistical research, in an identifiable form where
(i) the research cannot reasonably be accomplished unless the information is provided in an identifiable form, and
(ii) the third party has signed an agreement with the Council to comply with the Council's requirements respecting the use, confidentiality and security of the information.
Validity 34. Nothing under this Law shall be rendered void or invalid, nor shall the liability of any person to pay tax or any other amount under this Law be affected by
(a) an error or omission in a determination made by the PTT administrator, Wasauksing or any person authorized by Wasauksing;
(b) an incorrect or incomplete assessment, a failure to make an assessment, or an error, defect, or omission in procedure in a Notice of Property Transfer Tax Assessment or any notice given under this
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Wasauksing First Nation Property Transfer Tax Law, 2018 Law; or (c) a failure of Wasauksing, the PTT administrator or any person authorized by Wasauksing to do something within the required time.
Limitation on Proceedings 35.(1) Except as specifically provided in this Law, a person shall not commence an action or proceeding for the return of money paid to Wasauksing, whether under protest or otherwise, on account of a demand, whether valid or invalid, for taxes or any other amount paid under this Law, after the expiration of six (6) months from the date the cause of action first arose.
(2) If a person fails to start an action or proceeding within the time limit prescribed in this section, the money paid to Wasauksing is deemed to have been paid voluntarily.
Notices 36.(1) Where in this Law a notice is required to be given by mail or where the method of giving the notice is not otherwise specified, it shall be given
(a) by mail to the recipient's ordinary mailing address; (b) where the recipient's address is unknown, by posting a copy of the notice in a conspicuous place on the recipient's property; or
(c) by personal delivery or courier to the recipient or to the recipient's ordinary mailing address. (2) Except where otherwise provided in this Law, (a) a notice given by mail is deemed received on the fifth day after it is posted; (b) a notice posted on property is deemed received on the second day after it is posted; and (c) a notice given by personal delivery is deemed received upon delivery. Interpretation 37.(1) The provisions of this Law are severable, and where any provision of this Law is for any reason held to be invalid by a decision of a court of competent jurisdiction, the invalid portion shall be severed from the remainder of this Law and the decision that it is invalid shall not affect the validity of the remaining portions of this Law.
(2) Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise.
(3) Words in this Law that are in the singular include the plural, and words in the plural include the singular.
(4) This Law shall be construed as being remedial and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives.
(5) Reference in this Law to an enactment is a reference to the enactment as it exists from time to time and includes any regulations made under the enactment.
(6) Headings form no part of this Law and shall be construed as being inserted for convenience of reference only.
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Wasauksing First Nation Property Transfer Tax Law, 2018 Force and Effect 38. This Law, comes into force and effect on the day after it is approved by the First Nations Tax Commission.
THIS LAW IS HEREBY DULY ENACTED by the Council on the 12th day of June, 2018, at Wasauksing, in the Province of Ontario.
A quorum of the Council consists of four (4) members of the
~ Chief arren Tabobondung Coinci for Vincent Chechock Councillor Theresa McInnes Councillor David Martin Rice dl Councillor Brent Tabo dung 19
Wasauksing First Nation Property Transfer Tax Law, 2018 SCHEDULE I FAIR MARKET VALUE DETERMINATION
Interpretation 1. In this Schedule, (a) a reference to the "rent" does not include an amount that is separately calculated under a lease and is payable to a lessor in reimbursement for
(i) taxes, or (ii) reasonable expenses relating to the operation of a multi-tenant premises of which the demised interest in land forms a part;
(b) "appraisal" means an appraisal conducted by an independent appraiser who is designated Accredited Appraiser Canadian Institute by the Appraisal Institute of Canada or designated, registered or licensed as a certified appraiser under the laws of the Province of Ontario, as applicable; and
(c) "assessed value" means the most recent assessed value of an interest in land determined in accordance with the Wasauksing First Nation Property Assessment Law, 2018.
Determination of Lease Term and Life Estate Term 2.(1) Subject to section 6, and subsections (2), (3) and (5), the term of a lease is the sum of (a) the number of years for which a transferee has the right to occupy the demised interest in land; and
(b) the maximum number of years not counted under paragraph (a) that, by the exercise of rights or options to renew or extend the lease, the transferee may occupy the demised interest in land.
(2) Subject to subsection (3), the term of a lease is the unexpired portion of the term determined under subsection (1) on the registration date.
(3) If the lease is a time-share or fractional ownership plan, the term of the lease shall be determined by adding together the number of years during which the transferee may, for any part of a year, occupy the interest in land.
(4) Subject to subsection (5), the term of a life estate is the number of years of life expectancy based on Table 3 remaining to the holder of the life estate on the registration date of the life estate in the registry.
(5) Where the term of a lease or life estate would otherwise be expressed as a fraction of a year or as a number of years plus a fraction of a year, the term shall be rounded up to the next whole number.
Fair Market Value of Prepaid Leases 3.(1) The fair market value of a conveyance involving a prepaid lease is the amount of the purchase price paid by the transferee in money and any other consideration, where
(a) the rent under the lease is not subject to adjustment or renegotiation and has been paid for the term of the lease before the registration date or will be paid within one (1) year of that date; and
(b) the lessor and the transferee deal with each other at arm's-length. (2) If a lessor and a transferee are not at arm's-length, the fair market value is the amount that would have been paid if the leasehold interest in land had been sold on the registration date in the open market by a willing seller to a willing purchaser free of any trust and unencumbered by a judgment for the
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Wasauksing First Nation Property Transfer Tax Law, 2018 payment of money, or a mortgage, or any other financial instrument that secures the payment of money or the performance of an obligation.
Fair Market Value of Lease Having a Term Not Exceeding 30 Years 4.(1) The fair market value of a conveyance involving a lease (a) to which section 3 does not apply, (b) the term of which does not exceed thirty (30) years, and (c) where the lessor and the transferee deal with each other at arm's-length, is, subject to an election under subsection (2), the amount determined in accordance with the following formula:
LSC + (ARP x PVF) where LSC = any lump sum consideration paid by the transferee for the grant or transfer of the lease, including for any improvements on the leasehold property;
ARP = the annual rent payment to be made during the last year for which rents are fixed pursuant to a lease; and
PVF = the present value factor set out in Column 2 of Table 2 that is opposite the number of years in Column 1 that corresponds to the term of the lease.
(2) The transferee may elect to calculate the fair market value of the lease under section 5. Fair Market Value of Other Leases 5.(1) Subject to subsection (2), the fair market value of a conveyance to which section 4 does not apply is the amount determined in accordance with the following formula:
VSI x P where VSI = the fair market value of the fee simple interest, including improvements, in the demised interest in land; and
P = the percentage set out in Column 2 of Table 1 opposite the period in Column 1 that corresponds to the term of the lease.
(2) For the purposes of subsection (1) where part of the improvements on a parcel of land are leased, the fair market value of the demised interest in land is determined in accordance with the following formula:
VSI x P x ARADP ARA where VSI = the fair market value of the fee simple interest, including improvements, within which the demised interest in land is situated;
P = the percentage set out in Column 2 of Table 1 opposite the period in Column 1 that corresponds to the term of the lease;
ARADP = the aggregate rentable area of the demised interest in land; and ARA = the aggregate rentable area of the improvements on the land within which the demised interest in land is situated.
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Wasauksing First Nation Property Transfer Tax Law, 2018 (3) The VSI in subsections (1) and (2) is the assessed value of the leasehold interest in land, if available.
(4) If an assessed value is not available, the PTT administrator may (a) determine the VSI using the best available data, which may include assessed values or appraisal data of comparable properties; or
(b) require the transferee to provide an appraisal of the VSI at the transferee's cost. (5) If the PTT administrator determines the VSI under paragraph (4)(a), the transferee may, within ten (10) days after the PTT administrator advised the transferee of the VSI, elect to provide an appraisal of the VSI to the PTT administrator at the transferee's cost and within an additional twenty-one (21) days or such additional time frame as agreed to by the PTT administrator.
(6) If the transferee provides an appraisal under subsection (5), the PTT administrator shall use the VSI determined by the appraisal for the purposes of this section.
Fair Market Value of a Lease Modification Agreement 6.(1) The term of the lease modification agreement for the purposes of this section is the sum of (a) the term of the lease before extension by the lease modification agreement, calculated under subsection 2(1) without regard to subsection 2(2) from the date the lease agreement was first executed; and
(b) the number of years, applying subsection 2(5), by which the lease is extended by the lease modification agreement.
(2) For the purposes of paragraph (1)(b), options or rights to renew or extend the lease pursuant to the lease modification agreement are deemed exercised to give the maximum possible extension.
(3) Subject to subsection (5), where the term of the lease modification agreement is one hundred (100) years or less, its fair market value is the amount determined in accordance with the following formula:
LSC + (ARP x PVF) where LSC = any lump sum consideration paid by the transferee for the lease modification, including for any improvements on the leasehold property;
ARP = the annual rent payment to be made during the last year for which rents are fixed pursuant to the lease as extended by the lease modification agreement; and
PVF = the present value factor set out in Column 2 of Table 2 that is opposite the number of years in Column 1 that corresponds to the number of years applicable under paragraph (1)(b).
(4) Where the term of the lease modification agreement exceeds one hundred years (100) years, section 5 applies for the purpose of calculating the fair market value of the lease modification agreement except that "P" equals the percentage in Column 2 of Table 1 that is opposite the period in Column 1 that corresponds to the number of years applicable under paragraph (1)(b).
(5) The transferee may elect to calculate the fair market value of the lease under section 5 as modified by subsection (4).
Fair Market Value of Life Estates 7. The fair market value of a life estate in a lease is the amount determined in accordance with the following formula:
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Wasauksing First Nation Property Transfer Tax Law, 2018 VFS x P where VFS = the fair market value of the leasehold interest in land determined (a) as though the life estate did not exist; and (b) under section 3, 4 or 5 as applicable. P = the percentage in Column 2 of Table 1 that is opposite the period in Column 1 that corresponds to the term of the life estate.
Transfers That Are Not Arm's-Length 8. Where a transferor and a transferee do not deal with each other at arm's-length, the PTT administrator may
(a) use the assessed value; or (b) require the transferee to provide with the Return, as applicable and at the transferee's cost, an appraisal of
(i) the valuation required under subsection 3(2), (ii) the ARP under section 4 or section 6 that would be paid on the open market on the registration date by an arm's-length transferee, or
(iii) the VSI under section 5 that would be paid on the open market on the registration date by an arm's-length transferee.
TABLE 1— PERCENTAGE OF FAIR MARKET VALUE Column 1 Term of Lease Agreement or Life Expectancy
5 years or less More than 5 years but not more than 10 years More than 10 years but not more than 20 years More than 20 years but not more than 30 years More than 30 years but not more than 40 years More than 40 years but not more than 50 years More than 50 years 23
Column 2 Percentage of Fair Market Value of the Demised Premises or the Land Subject to the Life Estate
40% 50% 60% 70% 80% 90% 100%
Wasauksing First Nation Property Transfer Tax Law, 2018 Table 2 - Present Value Factors Column 1 Term of Lease Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30-31 32 33 34 35-36 37-38 39-40 41-43 44-46 47-50 51-57 58-71 72-100 24
Column 2 Present Value Factor (at 8%) 1.0 1.8 2.6 3.3 4.0 4.6 5.2 5.7 6.2 6.7 7.1 7.5 7.9 8.2 8.6 8.9 9.1 9.4 9.6 9.8 10.0 10.2 10.4 10.5 10.7 10.8 10.9 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 12.0 12.1 12.2 12.3 12.4 12.5
Wasauksing First Nation Property Transfer Tax Law, 2018 TABLE 3 - LIFE EXPECTANCY Age of Transferee Male Life Expectancy Female Life Expectancy 0 71.88 78.98 1 71.67 78.65 2 70.73 77.70 3 69.77 76.74 4 68.80 75.77 5 67.84 74.79 6 66.86 73.81 7 65.88 72.83 8 64.90 71.84 9 63.91 70.86 10 62.92 69.87 11 61.94 68.88 12 60.95 67.90 13 59.97 66.91 14 59.00 65.93 15 58.04 64.95 16 57.10 63.97 17 56.16 63.00 18 55.23 62.02 19 54.31 62.05 20 53.39 60.08 21 52.47 59.11 22 51.55 58.14 23 50.63 57.16 24 49.71 56.19 25 48.78 55.22 26 47.86 54.25 27 46.92 53.27 28 45.99 52.30 29 45.05 51.33 30 44.11 50.36 31 43.17 49.39 32 42.22 48.42 33 41.28 47.45 34 40.34 46.48 35 39.39 45.51 36 38.45 44.55 37 37.52 43.59 38 36.58 42.63 39 35.65 41.68 40 34.72 40.73 41 33.80 39.78 42 32.88 38.84 43 31.97 37.90 25
Wasauksing First Nation Property Transfer Tax Law, 2018 Age of Transferee Male Life Expectancy Female Life Expectancy 44 31.06 36.97 45 30.16 36.04 46 29.27 35.11 47 28.39 34.19 48 27.52 33.28 49 26.66 32.37 50 25.81 31.47 51 24.97 30.57 52 24.14 29.68 53 23.33 28.80 54 22.52 27.93 55 21.73 27.06 56 20.95 26.20 57 20.18 25.35 58 19.43 24.51 59 18.69 23.68 60 17.96 22.85 61 17.25 22.03 62 16.56 21.22 63 15.88 20.42 64 15.21 19.63 65 14.57 18.85 66 13.93 18.09 67 13.32 17.33 68 12.72 16.59 69 12.14 15.86 70 11.58 15.14 71 11.03 14.44 72 10.49 13.75 73 9.98 13.08 74 9.48 12.42 75 9.00 11.78 76 8.53 11.15 77 8.09 10.54 78 7.66 9.95 79 7.25 9.39 80 6.85 8.84 81 6.48 8.32 82 6.12 7.82 83 5.78 7.34 84 5.45 6.88 85 5.14 6.45 86 4.85 6.04 87 4.57 5.65 88 4.30 5.28 89 4.05 4.93 26
Wasauksing First Nation Property Transfer Tax Law, 2018 Age of Transferee Male Life Expectancy Female Life Expectancy 90 3.82 4.60 91 3.59 4.29 92 3.38 3.99 93 3.19 3.71 94 2.96 3.39 95 2.65 2.99 96 2.27 2.51 97 1.84 1.99 98 1.41 1.50 99 1.05 1.10 100 0.79 0.81 101 0.60 0.61 102 0.50 0.50 27
Wasauksing First Nation Property Transfer Tax Law, 2018 SCHEDULE II WASAUKSING FIRST NATION INFORMATION REQUIRED FOR PROPERTY TRANSFER TAX RETURNS
The Property Transfer Tax Return form or forms shall require at least the following information: (a) the name and address of the transferee; (b) the street address and legal description of the interest in land to which the conveyance relates; (c) the registration date of the conveyance; (d) the name of the transferor; (e) the term of the lease, determined in accordance with the Law; (f) the true value of the consideration for the conveyance, determined in accordance with the Law; (g) for a prepaid lease, the gross purchase price paid for the conveyance, including the true amount in cash and the value of any property or security included in the purchase price, and any non-monetary or other consideration paid or provided;
(h) where the gross purchase price differs from the fair market value, the reason for the difference; (i) where a lease is not prepaid, the rent payment, lump sum consideration payment that sets out the true amount in cash and the value of any property or security included in the payment, and any non-monetary or other consideration paid or provided, and other information required to calculate the fair market value under the Law;
(j) where the value of the consideration exceeds two million dollars ($2,000,000), whether the interest in land conveyed contains at least one and not more than two single family residences; and
(k) the calculation of the amount of land transfer tax payable on the conveyance.
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Wasauksing First Nation Property Transfer Tax Law, 2018 SCHEDULE III WASAUKSING FIRST NATION NOTICE OF PROPERTY TRANSFER TAX ASSESSMENT
DATE OF NOTICE: , 20 This Notice is given pursuant to section 21 of the Wasauksing First Nation Property Transfer Tax Law, 2018 to:
NAME:
ADDRESS: RESPECTING THE CONVEYANCE RELATING TO THE INTEREST IN LAND DESCRIBED AS:
DATE OF REGISTRATION: , 20 . The PTT administrator has undertaken an assessment of the tax payable on the conveyance relating to the above-referenced interest in land.
SUMMARY OF TAX ASSESSMENT: EXEMPTION CLAIMED: APPLICABILITY OF EXEMPTION: REFUND CLAIMED: PURCHASE PRICE PAID (WHERE APPLICABLE): $ FAIR MARKET VALUE OF CONVEYANCE: $ PROPERTY TRANSFER TAX OWING ON CONVEYANCE: $ PROPERTY TRANSFER TAX PAID BY TRANSFEREE: $ INTEREST ACCRUED AS OF DATE OF THIS NOTICE: $ PENALTY ASSESSED AS OF DATE OF THIS NOTICE: $ TOTAL TAXES DUE AND OWING: $ DUE DATE: , 20 All taxes owing are due and payable in full on or before the due date. Payments shall be made at the offices of the Wasauksing First Nation, located at [insert address] during normal business hours. Payment shall be by money order or cheque.
A penalty has been assessed on the unpaid taxes and interest has accrued from the registration date because transferee provided information that is false or misleading (check applicable box)
in support of an exemption from tax under this Law, in support of an application for a refund, or _ relating to the fair market value of a conveyance.
Where interest on unpaid amounts is shown above, interest continues to accrue each day that the taxes remain unpaid.
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Wasauksing First Nation Property Transfer Tax Law, 2018 Taxes that are not paid by the due date indicated on this Notice shall incur penalties and interest in accordance with the Wasauksing First Nation Property Transfer Tax Law, 2018.
You are entitled to file a Request for Reconsideration of this tax assessment. Requests for reconsideration shall be delivered to Wasauksing within sixty (60) days of this Notice of Property Transfer Tax Assessment.
Please contact our office if you have any questions about this Notice or how to file a Request for Reconsideration.
PTT administrator for the Wasauksing First Nation [insert contact information]
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Wasauksing First Nation Property Transfer Tax Law, 2018 SCHEDULE IV WASAUKSING FIRST NATION PROPERTY TRANSFER TAX CERTIFICATE
In respect of the interest in land described as: and pursuant to the Wasauksing First Nation Property Transfer Tax Law, 2018, I hereby certify as follows:
That all property transfer taxes due and payable in respect of the transfer relating to the above-referenced interest in land on , 20_, have been paid as of the date of this Certificate.
OR That unpaid property transfer taxes, including interest, penalties and costs in the amount of dollars ($ ) are due and owing on the above-referenced interest in land as of the date of this Certificate.
The following persons are jointly and severally liable for all unpaid taxes:
PTT administrator for the Wasauksing First Nation Dated: , 20 31
Wasauksing First Nation Property Transfer Tax Law, 2018 SCHEDULE V REQUEST FOR INFORMATION OR DOCUMENTS BY PTT ADMINISTRATOR FOR THE WASAUKSING FIRST NATION
TO: ADDRESS: DESCRIPTION OF INTEREST IN LAND:
DATE OF REQUEST: PURSUANT to section 15 of the Wasauksing First Nation Property Transfer Tax Law, 2018, this is a request that you provide to me, in writing, no later than , the following information and/or documents respecting a conveyance relating to the above-noted interest in land:
(1) (2) (3)
PTT administrator for the Wasauksing First Nation Dated: , 20 32
Wasauksing First Nation Property Transfer Tax Law, 2018 SCHEDULE VI REQUEST FOR RECONSIDERATION
TO: PTT administrator for the Wasauksing First Nation [address] PURSUANT to the provisions of the Wasauksing First Nation Property Transfer Tax Law, 2018, I hereby request a reconsideration of
1. The tax assessment of a conveyance relating to the interest in land described as: [description of the interest in land as described in the Notice of Property Transfer Tax Assessment] OR 2. The refusal to provide a refund respecting a conveyance relating to the interest in land described as: [description of the interest in land as described in the notice received from the PTT administrator]
This request for a reconsideration of the tax assessment or refusal to provide a refund is based on the following reasons:
(1) (2) (3) (describe the reasons in support of the request in as much detail as possible) I am the transferee of the above-referenced conveyance or an authorized agent of the transferee. Address and telephone number at which the transferee/agent can be contacted:
Name of Transferee or Agent (please print) Signature Dated: , 20 . 33
Wasauksing First Nation Property Transfer Tax Law, 2018 SCHEDULE VII COSTS PAYABLE BY DEBTOR ARISING FROM THE COLLECTION AND ENFORCEMENT OF UNPAID TAXES
For costs arising from the collection and enforcement of unpaid taxes: 1. For preparation of a notice $100 2. For service of notice on each person or place by Wasauksing $100 3. For service of notice on each person or place by a process server, bailiff or delivery service actual cost 4. For advertising in newspaper actual cost 5. Actual costs not listed above that are incurred by Wasauksing for carrying out the enforcement measures under this Law will be charged based on receipts.
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