The Real Estate Tax Affidavit is a mandatory document in many Canadian jurisdictions, required during real estate transactions to ensure compliance with various tax obligations and reporting requirements. This sworn statement is typically prepared when transferring real property ownership and must be completed before a Commissioner of Oaths or Notary Public. The document addresses critical tax matters including the seller's residency status under the Income Tax Act, GST/HST applicability, property tax status, and any applicable provincial or municipal tax declarations. It serves as a protective measure for buyers, ensuring proper tax withholding and compliance, particularly in cases involving non-resident sellers or special tax considerations. The affidavit may also be required by land registry offices, tax authorities, and financial institutions as part of the transaction documentation.
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1. Affiant Information: Identifies the person making the affidavit, including their full legal name, address, and role in the transaction (buyer/seller/agent)
2. Property Description: Legal description and municipal address of the subject property
3. Transaction Details: Information about the real estate transaction including purchase price, closing date, and transaction type
4. Residency Declaration: Declaration of residency status for tax purposes under Section 116 of the Income Tax Act
5. Principal Residence Declaration: Statement regarding whether the property was used as a principal residence
6. GST/HST Declaration: Declarations regarding the applicability and payment of GST/HST
7. Property Tax Status: Declaration regarding the current status of property taxes
8. Execution: Formal execution section including jurat, commissioner information, and signature blocks
1. Foreign Buyer Declaration: Required in provinces with foreign buyer taxes, declaring whether the purchaser is a foreign buyer subject to additional tax
2. Vacant Home Status: Required in jurisdictions with vacant home taxes, declaring the occupancy status of the property
3. Corporate Declaration: Required when the affiant is representing a corporation, including corporate authority and tax registration details
4. Additional Tax Credits/Exemptions: Used when claiming specific tax credits or exemptions available in the jurisdiction
5. Multiple Property Declaration: Required when the affiant owns multiple properties that may affect tax treatment
1. Schedule A - Property Details: Detailed legal description and property information if too lengthy for main document
2. Schedule B - Tax Calculation: Detailed breakdown of applicable taxes, credits, and final tax amounts
3. Schedule C - Supporting Documents: List of attached supporting documents such as tax receipts or assessment notices
4. Schedule D - Multiple Properties: List of other properties owned by the affiant if relevant to tax treatment
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Tax Services
Property Management
Banking and Finance
Public Sector
Construction and Development
Professional Services
Corporate Real Estate
Residential Housing
Relevant Teams
Legal
Real Estate
Tax
Compliance
Property Management
Transactions
Administrative Services
Document Processing
Risk Management
Corporate Services
Relevant Roles
Real Estate Lawyer
Tax Lawyer
Real Estate Agent
Property Tax Assessor
Legal Assistant
Tax Accountant
Property Manager
Real Estate Paralegal
Closing Coordinator
Commissioner of Oaths
Notary Public
Real Estate Transaction Manager
Tax Compliance Officer
Real Estate Administrator
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