By Ramon Gutierrez, PREC
You can sign a document that says one dollar. The problem is that the tax system, the land title system and the lender do not stop at the number on the document. In a transfer between family members, the rules generally look at what the property is actually worth. Parents who try the one-dollar route without advice sometimes create a tax bill for themselves and a bigger one for their child later. This post explains the ideas involved. It is not legal or tax advice, and the right people to decide this with you are a lawyer and an accountant.
When family members transfer property, they are not dealing at arm's length. Canadian tax rules treat many of these transactions as if they happened at fair market value, whatever price is written down. That can matter for the parent who is selling and for the child who is buying, in different ways.
As I understand it, the risk with a nominal price is that one side can be taxed as if the full value changed hands, while the other side does not get credit for that value when they sell later. An accountant can tell you whether that applies to your situation and how to avoid it. This is exactly the kind of question where an hour of professional time is cheap compared with the mistake.
If the home has been the parent's principal residence for the years they owned it, the principal residence exemption may cover the gain on transfer. If it was a rental, a cottage or a second property, the picture is different. The CRA publishes how the exemption works and what must be reported. Do not assume the exemption applies just because someone in the family lived there.
In BC, the Property Transfer Tax is generally calculated on the fair market value of the property, not the price on the contract. There are exemptions for some transfers between related individuals, such as a family principal residence, with conditions about who is related and how the property has been used. The province publishes the exemptions and their conditions on gov.bc.ca. Your lawyer or notary will know which, if any, fit your transfer.
If there is a mortgage on the home, the lender has a say. Most mortgages cannot simply be transferred to another person, and a transfer of title without the lender's consent can be a default. The child may need their own mortgage approval, with their own income and credit.
On title, there are different ways to bring a child in: a full transfer, adding them as a joint owner, or other arrangements a lawyer can explain. Each one has consequences for taxes, for creditors, for a future divorce, and for what happens on the parent's death. Adding a child to title to "avoid probate" is a common idea with consequences that people often do not expect.
Sometimes what the family really wants is to help one child buy a home. There are other ways to do that, such as a gift toward a down payment, documented with a gift letter for the lender, or a loan. And if there are other children, the parents may want to think about fairness and put the plan in their will. These are conversations for a lawyer and an accountant together.
I would not sign anything before both professionals have looked at it. I would bring them the current title, the mortgage statement, the history of how the home has been used, and an estimate of its fair market value. A realtor can help with that last part, and an appraiser can document it.
Then let them tell you the best structure. The goal is to help your child without creating a tax problem for either of you. A one-dollar price can feel simple. It is rarely the simple option.
General educational content, verify property-specific details and consult qualified professionals when appropriate.
Thinking about buying or selling in the Fraser Valley? Message me and we will go through your options.
Every property and every household is different. Ask Ramon directly.