Tax
Sale - General Information
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- The tax sale is a public auction of properties within
a municipality which have outstanding property taxes from
2 years prior to the current year.
- The tax sale is held annually on the last Monday of September
at 10 a.m. at the council chambers in the Municipal Hall
of each municipality in BC.
- Notice of the time and place of the tax sale and the description
and street address of each property subject to tax sale
must be published in at least 2 issues of a newspaper.
- The last publication of the tax sale must be at least
3 days and not more than 10 days before the date of the
tax sale.
- The municipality makes no representation express or implied
as to the condition or quality of the properties offered
for sale.
- The lowest amount for which a property may be sold at
tax sale is the upset price.
- The upset price is the sum of all the property taxes outstanding
as at the date of the tax sale, plus all applicable penalties
and interest, plus an additional 5% of all taxes, penalties
and interest, plus all applicable Land Title Act fees.
- The highest bidder above the upset price must be declared
the purchaser.
- If there is no bid, or no bid equal to the upset price,
the municipality must be declared the purchaser.
- The purchaser must immediately pay the amount of the purchase
price to the collector.
- The collector must give the purchaser a tax certificate
and promptly file the notice of tax sale at the land title
office.
- With 3 months of the tax sale, the collector must give
written notice of the tax sale, including the day the redemption
period ends either, to the owner(s) of the property by
serving the notice or by registered mail.
- During the period allowed for redemption, a tax sale property
must continue to be assessed and taxed in the owner's name.
- A tax sale property may be redeemed from tax sale within
1 year of the date of the tax sale by the owner of the
property, an owner of a registered charge against the property
or another person on their behalf.
- The amount to redeem a tax sale property is the sum of
the upset price, plus all costs of which the collector
has had notice that have been incurred by the purchaser
in maintenance of the tax sale property and in prevention
of waste, plus taxes advanced by the purchaser, plus prescribed
interest to the date of redemption.
- During the period of redemption, the owner retains the
right to possession of the tax sale property.
- The purchaser has the right to enter on the tax sale property
to maintain it in proper condition and to prevent waste.
- On redemption of a tax sale property, the purchaser is
entitled to receive all amounts paid by the purchaser,
together with prescribed interest.
- If the tax sale property is redeemed, the collector must
promptly file a notice of redemption at the land title
office.
- If the tax sale property is not redeemed, the collector
must file a notice of non-redemption at the land title
office.
- Upon receipt of a notice of non-redemption by the land
title office, the property is conveyed to the purchaser
free and clear of all mortgages, charges, liens, etc.
- The purchase of a tax sale property is subject to tax
under the Property Transfer Tax Act on the fair market
value of the property at the time of conveyance.
- During the period of redemption, the owner may bring an
action in the Supreme Court to have the tax sale set aside
and declared invalid under certain specified grounds.
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