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News / Taxes

Montreal 'Welcome Tax' Faces Class Action Lawsuit

A class-action lawsuit has been filed against the cities of Montreal, Laval, Longueuil, and Brossard, alleging that they have been incorrectly calculating property transfer taxes, commonly known as 'welcome taxes.' The lawsuit claims that t...

Grand Montréal | Une action collective s’attaque à certaines « taxes de bienvenue »
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Montreal 'Welcome Tax' Faces Class Action Lawsuit Image via La Presse

Key Insights

  • A class-action lawsuit targets Montreal, Laval, Longueuil, and Brossard over the calculation of 'welcome taxes'.
  • The suit alleges that the cities calculate property transfer taxes based on a different standard than annual municipal taxes, leading to overcharging.
  • The discrepancy arises from using the full assessed property value for transfer taxes while phasing in the increase for municipal taxes over three years.
  • **Why this matters:** If successful, the lawsuit could result in reimbursements for thousands of property owners and changes to how these taxes are calculated in the future.

In-Depth Analysis

The heart of the issue lies in how these cities use property assessment values to calculate taxes. Property values are reassessed every three years. For annual municipal taxes, many cities phase in the increased value over the three-year period. However, the lawsuit alleges that for property transfer taxes, the cities use the full assessed value from the first year, without phasing it in. This means new property owners are potentially paying transfer taxes on the future value of their property, rather than its current value at the time of purchase. The lawsuit seeks to rectify this discrepancy and ensure that property transfer taxes are calculated fairly. A similar case in April 2025 saw the court rule in favor of the homebuyers, who argued their taxes should be calculated on the adjusted taxable value and not the full value. Montreal was ordered to pay the plaintiffs $5600.

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FAQ

What are 'welcome taxes'?

'Welcome taxes' are property transfer taxes imposed on new buyers when a property is sold.

Which cities are affected by the lawsuit?

Montreal, Laval, Longueuil, and Brossard are specifically named in the class-action lawsuit.

What is the basis of the lawsuit's claim?

The lawsuit claims that these cities are calculating property transfer taxes on a different, higher basis than they use for annual municipal taxes, leading to overcharges.

Takeaways

  • If you purchased property in Montreal, Laval, Longueuil, or Brossard, you might have been overcharged on your property transfer taxes.
  • The lawsuit is automatically inclusive, meaning you don't need to register to be included if you've experienced the same issue.
  • The outcome of the lawsuit could impact how property transfer taxes are calculated in these cities going forward.

Discussion

Do you think these 'welcome tax' calculations are fair? Share your thoughts in the comments below!

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Sources

Disclaimer

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