Property transfer tax exemptions for First Nations apply to reserve, surrendered, or special reserve lands. These exemptions from taxation, by all levels of government, are on property that is considered reserve land or surrender lands, that have been set apart by the federal government and vested in the Crown for the use and benefit of an Indian Band.
Transfers of land to First Nations organizations, an Indian Band, an Indian Band corporation, or a Status Indian, when registered at the land title office, can be:
The application of property transfer tax is conditioned by several criteria, including:
For information on the application of the additional property transfer tax to properties located on First Nation treaty lands, see the Additional property transfer tax for foreign entities and taxable trustees page.
Transfers of lands on reserve to a Status Indian or an Indian Band, where title does not already exist in the land title system, are not a taxable transaction.
When registering title at the land title office, the transferee is not required to file a property transfer tax return and property transfer tax is not payable.
Status Indian or an Indian Band lands transferred from former Federal Crown lands are not taxable transactions.
When registering title at the land title office, the transferee is not required to file a property transfer tax return and property transfer tax is not payable.
Transfers of lands pursuant to a Property Transfer Tax Regulation (e.g., OIC), to a First Nation or Indian Band, Indian Band member or corporations, are exempt from the property transfer tax when registered at the land title office as set out in the Regulation.
The transferees are not required to file a property transfer tax return when registering title at the land title office. A copy of the Regulation will have to be attached to the application for title registration so that the transferee is not required to file a property transfer tax return or pay the property transfer tax.
Transfers of lands on reserve to a Status Indian or an Indian Band, where title already exists in the land title system, are taxable transactions and property transfer tax is payable.
After the registration of title and the property transfer tax is paid, the transferee can apply for refund of tax paid. To apply for a refund, contact PTTENQ@gov.bc.ca.
Transfers of lands off reserve, when registered at the land title office, are taxable transactions to:
The transferee is required to file a property transfer tax return and pay the property transfer tax.
When filing a property transfer tax return, the transferee can find out if any Property transfer tax exemption applies to the transfer.
The Maa-nulth First Nations Final Agreement, Nisga’a Final Agreement and Tla’amin Final Agreement are amended to reinstate or continue the exemptions from property transfer tax. Eligible Treaty Nation individuals qualify for exemptions from property transfer tax on or after the effective date of the amendments to their final agreement. See the table below to find out when the exemptions are reinstated (or continued if the exemptions are still in effect) for each Treaty Nation:
Treaty Nation Individuals/Treaty Nation Lands (former reserve lands) |
Effective Date of Reinstatement |
Final Agreement |
---|---|---|
Tsawwassen Members/Tsawwassen Lands | March 27, 2023 | Tsawwassen First Nation Final Agreement |
Maa-nulth-aht/Maa-nulth First Nations Lands | June 23, 2023 | Maa-nulth First Nations Final Agreement |
Tla’amin Citizens/ Tla’amin Lands | Continued (as of June 23, 2023) | Tla’amin Final Agreement |
Nisga’a citizens/Nisga’a Lands and Category A Lands | January 1, 2024 | Nisga’a Final Agreement |
Treaty First Nations are exempt from property transfer tax when the First Nation has a tax treatment agreement or taxation agreement with the Province, and the tax treatment agreement or taxation agreement specifically provides that a person under the agreement is not subject to property transfer tax when registering title to treaty settlement lands.
Some tax treatment agreements or taxation agreements include an effective date or a period by which or within which the transferee must register title to the lands in order to be exempt.
The exemption from property transfer tax applies when the transfers follow the conditions outlined in the final agreement and are registered on or after the effective date of the agreement, under the terms of the agreement.
To claim this exemption, select exemption 46 – Final/Tax Agreement, Treaty First Nations on the property transfer tax return.
Note: Any transfers that are registered outside the period set out in the final agreement or after the tax treatment agreement or taxation agreement expiry date are a taxable transaction for which property transfer tax is payable.
Currently the only Indian Government District in Canada is the Sechelt Indian Government District, in accordance with the federal Sechelt Indian Band Self-Government Act and provincial Sechelt Indian Government District Enabling Act.
Transfers of lands to the Sechelt Indian Government District are property transfer tax exempt as the Sechelt Indian Government District is incorporated as a municipality.
To claim this exemption, select exemption 20 on the property transfer tax return.
For information on how to file and pay property transfer tax, see File and pay property transfer tax.