Buying
Am I still a first-time home buyer?
Written by Stonefield Mortgage · Reviewed by David Steinfeld, principal broker · Stonefield Mortgage, FSRA mortgage brokerage licence #13722 · [review pending — before this page is indexed]
Published · Updated
In Ontario, whether you are still a first-time home buyer depends on the program, because each program sets its own test. Ontario's land transfer tax refund has the strictest test of the common programs. You, and your spouse while you are together, must never have owned a home anywhere in the world.
Ontario's land transfer tax refund
Ontario refunds up to $4,000 of its land transfer tax to first-time homebuyers (source: ontario.ca, checked October 2026). To qualify, you must:
- be at least 18;
- never have owned a home, or any interest in one, anywhere in the world, at any time;
- if you have a spouse, they must not have owned a home anywhere in the world while they were your spouse;
- live in the home as your principal residence within nine months; and
- apply within 18 months.
The ontario.ca page lists further conditions, and your lawyer checks them.
The spouse rule catches people out. If your spouse owned a home while you were together, the province says neither of you gets the refund. Owning a home before you met does not count against you under this test. The details turn on facts, so confirm with your real-estate lawyer.
Toronto's first-time buyer rebate
Buying in Toronto means paying a second, municipal land transfer tax. The city offers first-time buyers a rebate of up to $4,475 (source: toronto.ca, checked October 2026). Toronto's rebate conditions are similar to the province's:
- 18 or older;
- no home owned anywhere in the world;
- the same kind of spouse rule;
- occupancy within nine months; and
- an 18-month deadline.
Check toronto.ca for the exact wording before you rely on the rebate.
Your lawyer usually claims both the refund and the rebate at registration, so you may never pay that part of the tax at all.
The FHSA and the Home Buyers' Plan
The First Home Savings Account (FHSA) and the RRSP Home Buyers' Plan (HBP) are federal tax programs. The Canada Revenue Agency has its own test for each. The CRA's test is not the same as the land transfer tax test, so meeting one does not tell you whether you meet the other.
We do not try to apply the CRA's test for you. Read the CRA's page for each program, or ask your accountant, before you count on a tax-free withdrawal.
The 30-year insured amortization
Since December 15, 2024, first-time buyers can choose a 30-year amortization, the total time to pay the loan off, on an insured mortgage, one with less than 20% down (source: Department of Finance).
For this option, the first-time buyer definition comes from the federal mortgage insurance rules, not the land transfer tax test. The lender and the insurer generally apply that definition. We confirm which definition applies when we prepare your application, subject to lender approval.
What to do next
Estimate your land transfer tax and any refund with the land transfer tax calculator; results are estimates only, not an offer or advice. Or use our call-me-back form and we will plan the purchase with you; your lawyer and accountant confirm the tax side.
Common follow-up questions
I co-own with a parent. Am I still a first-time buyer?
Possibly not, for the land transfer tax refund. Any ownership interest in a home counts against you, anywhere in the world. Ask your lawyer how your situation is treated before you assume a refund.
My spouse owned a home before we met. Does that matter?
Not by itself. Under Ontario's refund rules, what matters is whether your spouse owned a home while you were spouses. Confirm the facts with your lawyer.
Can I use the FHSA if I do not qualify for the land transfer tax refund?
Possibly, because the CRA uses a different test. Check with your accountant or the CRA directly.
General information for Ontario readers, not financial, legal or tax advice.