What Is the Underused Housing Tax in Canada?

The Underused Housing Tax (UHT) is a 1% annual tax introduced by the Canadian government to address housing affordability issues and increase the availability of housing in urban centers. This tax primarily targets non-resident, non-Canadian property owners who own vacant or underused residential properties in Canada.

Understanding how the UHT works, who it applies to, and how to comply with its requirements is essential for property owners to avoid penalties and unexpected tax liabilities. This guide provides a detailed breakdown of the UHT, including eligibility, exemptions, filing requirements, and practical examples.

What Is the Purpose of the Underused Housing Tax?

The UHT was implemented as part of the federal government’s strategy to improve housing affordability and address speculative real estate investments. By imposing an annual tax on vacant or underused residential properties, the government aims to encourage owners to rent or sell properties, thereby increasing housing availability for Canadians.

Who Is Subject to the Underused Housing Tax?

The UHT primarily applies to non-resident, non-Canadian individuals who own residential properties in Canada. However, certain Canadian citizens and permanent residents may also need to file a UHT return under specific circumstances, even if they are exempt from paying the tax.

Key Categories of Owners Who Must File

• Non-resident, non-Canadian individuals.
• Corporations incorporated outside of Canada.
• Canadian corporations with foreign ownership or control.
• Trustees of a trust or partners in a partnership holding residential property.

Exempt Owners

Certain owners are exempt from both filing a UHT return and paying the tax. These include:

• Canadian citizens and permanent residents.
• Indigenous governing bodies or corporations they own.
• Publicly traded corporations.
• Registered charities.
• Cooperative housing corporations.

How Is the Underused Housing Tax Calculated?

The UHT is calculated as 1% of the property’s taxable value or its assessed value, whichever is higher. Owners can use the fair market value if they obtain an appraisal that meets the CRA’s requirements.

Formula for Calculation:
UHT Amount=1%×Taxable Value of the Property\text{UHT Amount} = 1\% \times \text{Taxable Value of the Property}UHT Amount=1%×Taxable Value of the Property

Example 1: Non-Resident Owner

• Taxable Value: $1,000,000
• UHT Rate: 1%
• UHT Payable: 1%×1,000,000=10,000

In this case, the non-resident owner must pay $10,000 annually as the Underused Housing Tax.

What Properties Are Subject to the Underused Housing Tax?

The UHT applies to residential properties, which include:

• Single-family homes.
• Semi-detached houses.
• Townhouses.
• Condominiums.

The tax does not apply to properties that are primarily used for non-residential purposes, such as commercial or industrial buildings.

Exemptions to the Underused Housing Tax

While the UHT primarily targets non-resident owners, several exemptions exist that may apply to individual properties. These exemptions are based on how the property is used or owned.

1. Exemption for Primary Residences

If the property is the owner’s primary residence or the primary residence of their spouse or child, it is exempt from the UHT.

2. Exemption for Long-Term Rentals

Properties rented out for at least 180 days in a calendar year are exempt. However, the rental must be in increments of at least one month.

Example:

• A non-resident rents out their property for eight months of the year (240 days). The property qualifies for the exemption.

3. Exemption for Limited Access

Properties that cannot be lived in year-round due to location or seasonality, such as cottages in remote areas, may be exempt.

4. Exemption for Death of an Owner

If the owner passed away during the year or in the previous year, the property may be exempt.

5. Exemption for Construction or Renovation

If the property is under construction or substantial renovation and is uninhabitable, it may qualify for an exemption.

Filing and Payment Requirements

Property owners subject to the UHT must file a UHT return annually with the CRA. Even if no tax is payable due to exemptions, filing is mandatory to avoid penalties.

Key Deadlines

• Filing Deadline: April 30th of the following year (e.g., April 30, 2024, for the 2023 tax year).
• Payment Deadline: April 30th of the same year.

Filing Steps

1. Identify Ownership and Usage: Determine whether you own a property subject to the UHT and whether any exemptions apply.
2. Complete the UHT Return: Fill out Form UHT-2900 and include all required details about the property and exemptions claimed.
3. Submit the Return: File the completed form electronically or by mail to the CRA.
4. Pay the Tax: If the UHT applies, ensure the payment is made by the deadline.

Penalties for Non-Compliance

Failure to file a UHT return or pay the tax can result in significant penalties:

• Late Filing Penalty: A minimum of $5,000 for individuals and $10,000 for corporations.
• Interest on Unpaid Tax: The CRA charges interest on any unpaid amounts starting from the payment due date.

These penalties apply even if no UHT is payable due to exemptions, making it crucial for all affected property owners to file their returns on time.

Practical Scenarios

Scenario 1: Non-Resident Owner of a Vacant Condo

Tom, a non-resident, owns a condo in Vancouver worth $800,000 but does not use or rent it out. Since no exemptions apply, he must pay the UHT:

• Taxable Value: $800,000
• UHT Rate: 1%
• UHT Payable: $8,000

Tom files his UHT return and pays the $8,000 by April 30th.

Scenario 2: Rental Property Exemption

Sarah, a non-resident, owns a townhouse in Toronto that she rents out for 10 months of the year. Since the property is rented for more than 180 days, it qualifies for the exemption, and Sarah owes no UHT. However, she still files a UHT return to claim the exemption.

Scenario 3: Seasonal Cottage

Emma owns a seasonal cottage in a remote area of Alberta that is inaccessible during the winter. The property qualifies for the exemption due to limited access. Emma files her UHT return to report the exemption.

Tips for Compliance

1. Understand Your Obligations: Determine whether you need to file a UHT return and whether your property qualifies for any exemptions.
2. Keep Accurate Records: Maintain documentation about property usage, rental agreements, and exemption eligibility to support your claims.
3. Consult a Tax Professional: If you’re unsure about your UHT obligations, seek professional advice to avoid penalties.
4. File and Pay on Time: Ensure your UHT return and any applicable payment are submitted by April 30th to avoid late penalties and interest charges.

Conclusion

The Underused Housing Tax is an important part of Canada’s efforts to address housing affordability and speculative property ownership. While it primarily targets non-resident, non-Canadian property owners, compliance is essential for anyone owning residential property in Canada. By understanding the rules, exemptions, and filing requirements, you can navigate the UHT efficiently and avoid costly penalties.

For expert assistance with the Underused Housing Tax or other tax-related matters, contact BOMCAS Canada at [email protected] or visit BOMCAS Canada. Our team of professionals is here to help you stay compliant and make informed decisions about your property and taxes.