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          • 10 Cormorant Road, Hamilton
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      • Heritage Properties
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        • Heritage Designation Process
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      • Waterfront Redevelopment
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Vacant Home Tax
Property Taxes

Vacant Unit Tax

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Contact Us

For additional information
Email [email protected]

The City is instituting a vacant unit tax as one of the measures to address the City’s housing crisis. By creating a disincentive to have units remain vacant, the City aims to bring more housing online for those who need it. The City will be charging an additional one per cent tax on any home vacant for more than 183 days in a year, and that revenue generated from the tax can be re-invested into City programs.

The City has numerous other tools and programs to help make more housing available, including investments in affordable housing units, support for non-profit housing providers, rent subsidy programs, and investments in homelessness outreach and emergency shelters. Hamilton joins the cities of Vancouver, Toronto and Ottawa to implement a vacant unit tax.

The Vacant Unit Tax (VUT) is an annual tax payable by the owner of an eligible property that has been vacant for more than 183 days in the previous calendar year. All owners of eligible properties must submit an annual mandatory declaration on the status of their property. If a mandatory declaration is not submitted the property will be considered vacant and VUT will be charged.

A principal residence will not be subject to the VUT but it is still required to submit a mandatory declaration.

A residential unit may be considered vacant by the City and subject to the tax if the owner:

  • failed to make a mandatory declaration by the prescribed deadline;
  • made a false mandatory declaration;
  • failed to provide information or to submit any evidence required by the City;
  • provides false information or submits false evidence to the City; or
  • if at least one unit within the eligible property is unoccupied.

The VUT will be added to the tax roll and collected in the same manner as property taxes.

Vacant Unit Tax Informational Flyer
Tax Rate
Exemptions
Fees, Fines, Penalties & Offences
Audits
Complaints & Appeals
Key Dates

If the residential property has been declared vacant for more than 183 days in the previous calendar year and does not meet one of the exceptions outlined below, the VUT will be applied. The first year the tax will be payable is 2024, based on the status of the property in 2023. 

The tax will be calculated at a rate of 1% of the property's assessed value, and the tax will be included in the Final Property Tax Bill mailed out in June.

A property may be left vacant and be exempt from the Vacant Unit Tax if one of the following criteria is met:

Death of an owner: the exemption applies to the year of death, plus one subsequent year only.

Major renovations: major renovations or redevelopment make occupation of a unit impossible for more than 183 days in the same calendar year, provided a building permit has been issued. 

Sale of the property: the VUT will not apply in the year of the sale if the transfer is to an unrelated individual or corporation.

Principal resident in care, institutionalized or hospitalized: the period of time when the principal resident resides in a hospital, long-term or a supportive care facility.

Court order: if a court order prohibiting occupancy of the residential property is in effect.

Late Mandatory Declaration Fee: $250

Penalties and Interest:  Penalty of 1.25% on the first day of default, plus 1.25% interest per month.

Other offences will be set in the following cases:

  • Making a false mandatory occupancy declaration 
  • Providing insufficient or false information or evidence 
  • Failing to provide information or evidence requested
  • Violating the by-law containing the provisions of the VUT
     

The City will audit mandatory occupancy declarations for accuracy on an annual basis.  Audits will be conducted in the following scenarios: 

  • Properties that report an exemption
  • Properties declared occupied that were vacant the previous year 
  • A complaint or tip
  • Random selection  
  • Targeted audit campaigns
  • Properties reported vacant in the Vacant Building Registry (registered and unregistered) 

If as a result of an audit the property is considered vacant, the VUT will be charged.

A property owner that has been charged the VUT may submit a notice of complaint if: 

  • The City made an error or omission that resulted in the imposition of the VUT; or 
  • The Owner made an error or omission in completing the property mandatory declaration that resulted in the imposition of the VUT. 

A property owner who believes they have been charged the VUT in error will have 60 days after the tax bill or the audit determination notice has been received to submit a notice of complaint. 

If the complaint is successful, the VUT, including any penalties and interest, will be cancelled. 

If the complaint is denied, the property owner can appeal the decision within 60 days of the denial of the notice of complaint by submitting an appeal. A decision taken under appeal will be final.

Date

Details

Mid-December 2023

Mandatory declarations are mailed

March 31, 2024

Mandatory declaration deadline

April 1 to April 30, 2024

Late mandatory declarations will be accepted with a fee

First week of June 2024

VUT bills are mailed out with Final Property Tax bills

June 30, 2024

First VUT payment due

July 2, 2024

Complaint period begins

September 30, 2024

Second VUT payment due

Documents

January 18, 2023 Vacant Unit Tax Program Framework (FCS21017(c)) January 18, 2023 Vacant Unit Tax Program Framework (FCS21017(c)) Appendix A V3 February 2, 2022 Vacant Home Tax in Hamilton (FCS21017(b)) (City Wide) (PDF, 224.79 KB) July 5, 2021 - Considerations to Implement a Vacant Home Tax in Hamilton (FCS21… (PDF, 241.83 KB) February 25, 2021 Considerations to Implement a Vacant Home Tax in Hamilton (FC… (PDF, 179.03 KB)
Vacant Unit Tax

Frequently Asked Questions

A residential unit is considered vacant if it has been unoccupied for more than 183 days during the previous calendar year. 

  • Mid-December 2023 Mandatory declaration mailed
  • March 31, 2024 Mandatory declaration deadline
  • April 1-30, 2024 Late mandatory declarations will be accepted with a fee
  • First week of June 2024 VUT bills are mailed out with Final Property Tax bills
  • June 30, 2024 First VUT payment due
  • July 2, 2024 Complaint/appeal period begins
  • September 30, 2024 Second VUT payment due

This tax will be in effect starting January 2024. A letter with instructions on how to fill the mandatory declaration will be mailed to residential property owners mid-December each year starting December 2023.

The declaration form will be submitted online, but a printable form will also be available on the City’s website to print off and fill out once the declaration period begins.

Declarations can be submitted beginning in January 2, 2024 and must be completed by March 30, 2024.   

Late declarations will be accepted until April 30, 2024 and are subject to a $250 late fee.

All properties that are classified as Residential (RT class) that contain six units or less and that have a property code that is eligible as defined in the program framework.

The Vacant Unit tax program was approved by Council in June of 2022 as one of the measures to address the City’s housing crisis. By discouraging property owners from leaving units vacant, the City aims to bring more housing online at a time that housing is greatly needed.

The Vacant Unit Tax is calculated as a percentage of the property’s assessed value.   

The council approved a tax rate of 1% of a property’s assessed value as determined by MPAC. For example, this would result in a $3,850 VUT tax on a residential unit with an assessed value of $385,000.

Properties which have been determined vacant will be charged the Vacant Unit Tax on their final property tax bill due in June.

The VUT is a tax, not a form of negative option billing.   

The Federal Negative Option Billing Regulation applies to financial institutions, not municipalities. The regulations made under the Federal Bank Act and other federal acts apply to financial institutions, not municipalities.   

Negative option billing applies to "consumer transactions," not taxes prescribed under the Municipal Act. The Municipal Act sets out the rules and authorizes a Municipalities' powers for taxation.  

Finally, Part IX.1 of the Municipal Act (Optional Tax on Vacant Residential Units), provides powers to a Municipality to impose a vacant unit tax subject to being designated as a municipality that can impose the tax. O. Reg 458/22 designates Hamilton as a municipality that can impose the vacant unit tax.

  • Vancouver’s Empty Homes Tax has been in effect since 2017  
  • Toronto and Ottawa have approved a vacant residential home tax beginning in 2023  
  • The Regions of Peel and York have submitted reports to their regional council discussing the feasibility of a vacant unit tax.

The property owner is responsible for submitting the declaration. A letter with instructions on how to fill the mandatory declaration will be mailed to residential property owners mid-December each year.

Staff have reviewed several residential vacant unit tax regimes globally to determine how residential vacant unit tax has been implemented. The regimes use one of three different methodologies:  

  • Mandatory Declaration  
  • Voluntary Vacant Unit Declaration: Property owners would voluntarily declare vacancy in good faith and be taxed by the City.  
  • Complaint-Based: Vacant properties would be identified through a complaint or tip from residents  

In all cases, regimes that used the Voluntary Vacant Unit Declaration or Complaint-Based method have been ineffective in capturing vacant units and reducing vacancies in the cities. In comparison, those using the mandatory declaration have had much more success.

Yes, an annual declaration will be required each year. Declarations are required annually to ensure that the VUT is applied accurately and reflects any changes in how the property was used. The City does not have any reliable method to ensure all property occupancy changes are captured. The City will send a letter in December of each year to remind you to complete the declaration.

The City does not have access to that information as it is protected under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Further, water and hydro usage data would not accurately indicate how the property was occupied. For example, a principal residence could record low usage due to travel, work contracts, extensive renovations, military postings, or schooling.

Yes. Principal residences will not be charged with the tax, but still need to submit a declaration. If you are away during the declaration period (January through March) you can give authorization to someone else to fill the declaration for you.

Yes. A declaration must be submitted for each residential property roll number.

Yes. You must submit the status of each unit on your property. The City uses the MPAC property code to determine how many units are contained in a residential property.

No. Only one declaration is required for each residential property.

No. “Granny” or accessory suites do not require a declaration. The City uses the MPAC property code to determine how many units are contained in a residential property.

If you are away during the declaration period (January through March) you can give authorization to someone else to fill the declaration for you.

No, the Vacant Unit Tax only applies only to land with residential units. Vacant land under development is assessed by MPAC once an occupancy permit has been issued.

Although the Vacant Unit Tax applies only to residential property owners, we want to advise the entire community of this tax. While someone may be only renting today, they may be planning to buy a residential property, and if so, its is important they are aware of the tax.

Declarations are mandatory. Properties which have not declared will be determined vacant and be charged the Vacant Unit Tax on their final property tax bill.

If you believe that you should not pay the tax you can submit a Notice of Complaint.

A Notice of Complaint allows a property owner to dispute the city’s Vacant Unit Tax charge. Property owners can submit a Notice of Complaint after the tax has been charged. If the property is declared as a principal residence or occupied, the VUT and any related interest fee would be reversed.

If you disagree with the decision made on your Notice of Complaint, you can submit an appeal.

You cannot submit an appeal if you have not received the results of a Notice of Complaint.

All property declarations may be subject to audit. If your declaration is selected for audit, staff will contact you to request supporting documentation. If it is determined that the Vacant Unit Tax applies to your property, you will be billed.   

Providing false declarations or false information can result in fines and penalties.

If you disagree with the decision of the audit, you can submit a Notice of Complaint.

You can email questions to [email protected].

Vacant Unit Tax

Public Engagement

The City conducted a Vacant Home Tax online engagement survey from September 7 to 30, 2021. The goal of the survey was to collect feedback from interested stakeholders on the need to implement a tax on properties that are left vacant for a certain period of time, as well as possible issues to consider in implementing the tax.

View the survey results on engage.hamilton.ca/VHT

Date modified
May 15, 2023
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