# Does my GF qualify as First Time Home-Buyer Rebates?



## argos1 (Nov 21, 2010)

Does my spouse qualify for land transfer rebate and new home tax credit?

I personally have owned a home in 2007, then I met my gf and she moved in later that year, then a few months later moved back with her parents in 2008. I sold the condo in 2008... all under my name.

Since 2008 we have not been on the same address. We moved in with our parents.

However late 2011 we have bought a house together, we get married this year in April, we do not currently live at same address.

I know I have owned a condo and sold in 2008 so I do not apply, but does she qualify for a First Time Home buyer land transfer tax rebate and new home tax credit?


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## OhGreatGuru (May 24, 2009)

argos1 said:


> Does my spouse qualify for land transfer rebate and new home tax credit?
> 
> I personally have owned a home in 2007, then I met my gf and she moved in later that year, then a few months later moved back with her parents in 2008. I sold the condo in 2008... all under my name.
> 
> ...


Ontario Ministry of Revenue
http://www.rev.gov.on.ca/en/refund/newhome/index.html
Land Transfer Tax Refund

_Who qualifies?

To claim a refund, you:

* must be at least 18 years of age;
* must occupy the home as your principal residence within 9 months of after the date of transfer; and
* cannot have owned a home, or an interest in a home, anywhere in the world.

In addition:

* your spouse cannot have owned a home, or an interest in a home, anywhere in the world while being your spouse; and
_

Read the FAQs pertinent to your question. It sounds to me like you have been cohabiting for 3 years or more, so GF is considered your spouse for the purposes of this tax rebate. So she would not be eligible.

By "New Home Tax Credit" I'm guessing you mean the federal First-Time Home Buyer's Tax Credit

http://eap.gc.ca/initiatives/eng/index.asp?mode=7&initiativeID=40.

_Who Is Eligible

First-time homebuyers are eligible. An individual is considered a first-time homebuyer if neither the individual nor the individual's spouse or common-law partner owned and lived in another home in the year of the home purchase *or in any of the four preceding calendar years*. Special rules apply for the purchase of homes that are more accessible or better suited to the personal needs and care of an individual who is eligible for the Disability Tax Credit. In these situations, the HBTC can be claimed, even if the first-time homebuyer requirement is not met._

Neither you nor your spouse qualify as it will not be 4 years between the tiem you sold your last house and bought the new one. (It's the same general rule as the Home-Buyers' Plan for RRSPs.)


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