Affidavit Of Transferee for Canada

Affidavit Of Transferee Template for Canada

An Affidavit of Transferee is a legally binding sworn statement required in Canadian property transactions, where the person or entity acquiring property (the transferee) formally declares various aspects of the property transfer. This document, which must be sworn before a Commissioner of Oaths or Notary Public, includes crucial information about the transferee's identity, residency status, intended use of the property, and any applicable tax exemptions. It serves as a key component in the property transfer process and is typically required by provincial land title offices across Canada for property registration and tax assessment purposes.

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What is a Affidavit Of Transferee?

The Affidavit of Transferee is a mandatory document in Canadian property transfer transactions, designed to provide verified information about the property acquisition and the transferee's status. This sworn statement is required by provincial land title offices and tax authorities to ensure compliance with various regulations, including property transfer tax requirements, foreign buyer rules, and residency declarations. The document must be completed when transferring real property ownership and includes critical information such as the transferee's identity, residency status, intended property use, and any applicable tax exemption claims. It helps authorities prevent tax evasion, monitor foreign ownership, and maintain accurate property records. The affidavit must be sworn before an authorized official such as a Commissioner of Oaths or Notary Public, making it a formal legal declaration with serious consequences for false statements.

What sections should be included in a Affidavit Of Transferee?

1. Title and Introduction: Identifies the document as an Affidavit of Transferee, the jurisdiction, and the deponent's information

2. Deponent Information: Full legal name, occupation, and current residential address of the person making the affidavit

3. Property Details: Legal description of the property being transferred, including civic address and legal title information

4. Transfer Details: Information about the transfer transaction, including date of transfer and nature of the acquisition

5. Residency Declaration: Declaration of the transferee's residency status for tax purposes

6. Principal Residence Declaration: Statement regarding whether the property will be used as a principal residence

7. Verification of Truth: Standard sworn statement confirming that the contents of the affidavit are true

8. Execution Block: Space for signature of deponent and commissioner for taking affidavits, including date and location

What sections are optional to include in a Affidavit Of Transferee?

1. Corporate Status: Required when the transferee is a corporation, including details about incorporation and authority to make the affidavit

2. First-Time Home Buyer Declaration: Include when the transferee is claiming first-time home buyer benefits or exemptions

3. Foreign Buyer Declaration: Required in jurisdictions with foreign buyer regulations or taxes

4. Tax Exemption Claims: Include when the transferee is claiming any property transfer tax exemptions

5. Multiple Transferee Declaration: Required when there are multiple transferees, specifying the nature of co-ownership

6. Trust Declaration: Include when the property is being held in trust for beneficial owners

What schedules should be included in a Affidavit Of Transferee?

1. Schedule A - Property Description: Detailed legal description of the property including lot number, plan number, and PID

2. Schedule B - Supporting Documents: Copies of relevant supporting documents such as citizenship papers or corporate registration

3. Schedule C - Tax Calculation: Detailed calculation of applicable transfer taxes or exemption calculations

4. Schedule D - Additional Declarations: Any additional statutory declarations required by the specific jurisdiction

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Banking

Public Sector

Notary Services

Tax Services

Property Management

Relevant Teams

Legal

Real Estate

Property Administration

Compliance

Tax

Title Registration

Document Processing

Transaction Processing

Risk Management

Relevant Roles

Real Estate Lawyer

Property Lawyer

Notary Public

Real Estate Agent

Property Transfer Agent

Legal Assistant

Conveyancer

Title Officer

Property Tax Assessor

Real Estate Paralegal

Compliance Officer

Real Estate Transaction Coordinator

Property Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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