Law360 Canada ( March 9, 2026, 9:36 AM EDT) -- Appeal by the appellants (Hsia and Chuang) from an order of the Supreme Court. The order required them to pay additional property transfer tax (ATT) under the Property Transfer Tax Act (PTTA) on the fair market value of an entire residential property. Hsia, a Canadian citizen, and Chuang, a foreign national, purchased a property in a specified area in 2017, registering 95 per cent and 5 per cent interests respectively. They paid ATT based on 5 per cent of the declared fair market value. Following an audit, the Minister concluded Hsia was a taxable trustee because she held some portion of her registered interest on a resulting trust for Chuang. The Minister assessed ATT on the whole property. The appellants’ statutory appeal was dismissed by the Supreme Court. On this appeal, they argued that ATT should not apply to Canadians and that s. 1(3) of the PTTA, which deemed a registered owner to be the legal and beneficial owner for tax calculation purposes, rendered the trust finding irrelevant. They contended ATT should only apply to Chuang’s 5 per cent interest. Alternatively, they argued s. 2.02(5)(b) of the PTTA, not s. 2.02(5)(a), governed, limiting ATT to proportionate shares of foreign ownership, which they asserted was 40 per cent based on contributions. The Province took the position that the ATT provisions contained all that was necessary to determine when ATT applied and how it would be calculated. The issues were whether ATT applied to Hsia’s entire registered interest and whether s. 1(3) of the PTTA negated the taxable trustee finding....