The Toronto Vacant Home Tax Becomes a Lien, and Buyers Inherit It
Here is a scenario that should worry any Toronto buyer.
You buy a house. It closes. Months later a Vacant Home Tax bill arrives for a year you did not own
it, because the previous owner never filed a declaration. And it is now your problem, because the
tax attaches to the property.
That is not a hypothetical risk. It is how the City says the tax works.
What the tax is
Toronto’s Vacant Home Tax applies to residential property left vacant for more than six months in
a calendar year. Beginning with the 2024 taxation year the rate is 3 percent of the
property’s Current Value Assessment, up from 1 percent when the tax started.
Three percent of assessed value is not a nuisance charge. On a property assessed at $1,200,000
that is $36,000 for a single year.
The part that catches people: you must declare even if you live there
This is a declaration regime, not an assessment regime. The City does not work out who is vacant.
Every residential property owner files a declaration of occupancy status each year, by
April 30.
If you do not file, the property is deemed vacant. Not investigated. Deemed. You
can have lived there all year with your family and the tax still lands, because the failure being
punished is the failure to declare.
This is the part that matters most in a transaction and is almost never discussed. The City states that where no declaration is made the property is treated as vacant, a Notice of Assessment is issued, and the tax becomes a lien attached to the property, with purchasers inheriting the liability. So a Vacant Home Tax problem created by a seller does not stay with the seller. It travels with the house, to you. Interest applies at 1.25 per cent on the first day of default, and false declarations or failing to provide requested information can attract fines up to $10,000.
What a buyer should actually do
Exemptions exist, but you have to claim them
There are exemptions for situations like the death of the owner, a property undergoing repairs or
renovations, and certain other circumstances. The critical procedural point is that exemptions are
not applied automatically. You claim the exemption on the declaration and you should be ready to
document it if the City asks.
A property that qualified for an exemption and did not claim it is in the same position as a
property that was genuinely vacant.
The tax is a City of Toronto tax. It does not apply in Markham, Vaughan, Richmond Hill or
Newmarket. If you own in Toronto and elsewhere, do not assume the same rules cover both, and do not
assume a property manager or a family member filed on your behalf.
Rates, exemptions and deadlines are set by the City and have already changed once. Confirm the
current position on the City of Toronto’s Vacant Home Tax page, and involve your real estate
lawyer on any transaction where a property may have been unoccupied.
Where This Comes From
Written from the City of Toronto’s own Vacant Home Tax pages. The tax is a City of Toronto tax and does not apply in York Region municipalities.
Frequently Asked Questions
How much is Toronto’s Vacant Home Tax?
Do I have to declare if I live in my home?
What happens if the previous owner did not declare?
Does the Vacant Home Tax apply in Markham or Vaughan?
Are there exemptions from the Vacant Home Tax?
Related Reading
- The Foreign Buyer Tax Is 35% in Toronto
- Closing Costs in Ontario
- Selling a House After a Death in Ontario
- Home Title Fraud in Ontario
If you are buying anything in Toronto that has sat empty, an estate property, a renovation project, or a place owned from abroad, make sure this is on your lawyer’s list. Happy to flag it on any property you are looking at.