Underused Housing Tax Reporting Requirements for Bare Trusts and Nominee Corporations
Bare trust or nominee corporations holding residential
property in Canada on December 31 are required to file an Underused
Housing Tax Return by April 30 of the following calendar year. The inaugural
Underused Housing Tax Return is due April 30, 2023.
The Underused
Housing Tax Act (the “Act”), which came into effect on January
1, 2022, implements an annual 1% tax on the value of vacant or underused
residential property in Canada that is directly or indirectly owned by
non-resident, non-Canadian individuals.
Every owner of residential property who is not an “excluded
owner” under the Act must file an annual return, even if an exemption applies
such that no tax is payable. Trustees of trusts (other than personal
representatives of an estate and trustees of a mutual fund trust, a real estate
investment trust or a SIFT trust), including but not limited to alter ego
trusts and joint spousal/partner trusts, are not excluded owners under the Act
and therefore must file an annual return. However, a tax exemption will
generally apply if the beneficial owner of the residential property is a
Canadian citizen or permanent resident.
Failing to file a required return results in a minimum
penalty of $5,000 if the person is an individual, or $10,000 if the person is not
an individual.
If you have any questions or would like more information on
the Underused Housing Tax, please contact a member of our Tax Group.