Tuesday, October 31, 2017

Tax on Flipping 50%

David Rotfleisch, a tax lawyer with taxpage.com, said there are two ways in which a condo transaction could be taxable, either as capital gains or income.

“If you buy a condo and you live in it and you subsequently sell it, there is an argument that it is a capital transaction. You bought something and sold something,” he said. “But if you are buying paper and selling paper, there is no other argument than it is a debenture in the nature of trade and therefore fully taxable as income and therefore has to be fully reported. So anybody who has been involved in flipping condos or paper and who has not reported the transaction, is technically committing tax evasion.”

Denise Lash of Lash Condo Law noted the practice is common in the condominium industry.


Denise Lash, Lash Condo Law
Denise Lash, Lash Condo Law
“A lot of real estate agents or developers hold preliminary open houses for family and friends,” she said. “They get special pricing, hold on to it for three years and that’s when the assignment flip occurs. People will continue to assign, but the question is if they declaring that income.”

Lash said the CRA’s probe “makes sense” because of the issues in the marketplace.

“I would think no developer would take the position that anybody who’s making a profit on any resale shouldn’t pay tax. It should be handled the same way anybody else pays tax,” she said. “From the point of view of an investor who wants to assign, this shouldn’t discourage them — they should be disclosing and filing their taxes anyway.”

Both the Ontario and B.C. governments have given preliminary thoughts to creating some sort of registry system to track assignments in their provinces. But Rotfleisch said assignment sales have been a significant issue for years and feels any oversight should be done at a federal level due to the number of tax transaction reporting requirements involved.

“It is grossly overdue,” he said. “It is almost negligible on the part of CRA because it’s a well-known problem, it’s been a problem for years and it’s an easy fix.”

Csepregi said if there is reason to believe that a taxpayer has been noncompliant, their file will be referred for audit and may be reassessed based on the result.

“The CRA will apply a penalty equal to 50 per cent of the additional tax payable if a taxpayer knowingly makes a false statement when filing a return,” he said.

Flipping 


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Saturday, October 28, 2017

CRA chases flippers

“The profits from flipping real estate are generally considered to be fully taxable as business income,” CRA spokesperson Zoltan Csepregi told The Canadian Press via email. “The facts of each case determine whether such profits should be reported as business income or as a capital gain.” Real estate deals in the Greater Toronto Area and Vancouver have been the subject of greater scrutiny....


Didn't declare that flip?  

Time for a voluntary disclosure.

The Canada Revenue Agency is analyzing 2,810 transactions involving cases of pre-construction condominium flipping in Toronto to determine whether audits need to be carried out to find tax evaders.

In the Toronto area, audit work has picked up accelerated on what are called “assignment sales” or “shadow flipping”, in which a condo is purchased from a developer and sold to another buyer before the unit is completed.



http://www.mortgagebrokernews.ca/news/cra-analyzing-nearly-3000-condo-flipping-cases-in-toronto-232980.aspx

Fair or Foul? 







Thursday, October 26, 2017

Implementing Bill 160 Condominium Authority of Ontario (COA)

Laura McKeen %>
Laura McKeen
The condominium industry will be undergoing significant changes in the next few weeks. On Dec. 3, 2015, the Protecting Condominium Owners Act, also known as Bill 106, received royal assent by the Ontario Legislature. Bill 106 is important because it marked the first overhaul of the province’s condominium law in over 16 years. When it comes into force It will:

  • amend significant parts of the Condominium Act,1998 (the Condo Act);  
  • enact the Condominium Management Services Act (the CMSA);
  • make amendments to other relevant acts, including the Ontario New Home Warranties Plan Act.

Many important aspects of the reforms are being implemented through regulations, some of which have been released. Many of the changes to the Condo Act will come into force on Nov. 1, 2017. This includes those provisions dealing with the new dispute resolution tribunal, but will also likely include any provision addressed by the regulations released so far. The licensing provisions of the CMSA will also come into force. Importantly, Bill 106 also creates two new administrative authorities: the Condominium Authority of Ontario (CAO) and the Condominium Management Regulatory Authority of Ontario (CMRAO).

The CAO 

The CAO was designated on Sept. 1, 2017, and is responsible for the administration of certain parts of the Condo Act.  

Currently, there are no educational requirements to become a director of a condominium board. This is changing. The CAO will implement mandatory training for condo directors to ensure smoother operation of condo corporations. The CAO’s website provides information and training about: rights and responsibilities of condo owners; the roles and responsibilities of the board of directors and condo management; and changes to the Condo Act. Information is also available about common issues and disputes that arise in the condominium communities to assist owners and corporations in proactively resolving issues.

The CAO provides services and resources for condo corporations and condo owners. These include:

  • information to help owners and residents understand their rights and responsibilities;
  • mandatory training for condo directors;
  • resources to help condo owners and residents resolve common issues; and
  • dispute resolution services through the Condominium Authority Tribunal (CAT).

Starting on Nov. 1, 2017, the CAT will offer a new, online dispute resolution process. The CAT can only adjudicate the types of disputes identified in the regulations. Currently the only types of disputes identified are disputes about records (Section 55 of the Condo Act), but the CAT’s scope is expected to expand in the near future. Certain disputes are excluded from the jurisdiction of the CAT, including: disputes involving Part III of the Condo Act (ownership); liens; and the determination of title to real property. Where the CAT does have jurisdiction, it will have exclusive jurisdiction to exercise its powers. Appeals on questions of law will go to the Divisional Court.

It is expected that in early 2018 the CAO will also provide a publicly available, searchable, online registry of all condominium corporations in the province. In order to fund its services, the CAO will charge user fees and monthly fees to condo owners (currently $1 per voting unit). This fee will be payable through the condo corporation. All condominium corporations in Ontario are required to register with the CAO and pay their initial assessment fees by Dec. 31, 2017. The initial assessment fees will cover the period from Sept. 1, 2017, to March 31, 2018.  

The CMRAO 

On Nov. 1, 2017, the CMRAO will be designated as the condo management authority. The CMRAO will be responsible for administering the CMSA, including regulating and licensing managers.  

The CMRAO will be responsible for administering the CMSA, including:

  • a compulsory licensing system for condominium managers and condominium management providers; training, education and other requirements for condominium management licences;
  • a code of ethics;
  • regulation of the conduct of licensees; and
  • the handling of complaints about condominium management services.

Currently, Ontario has no minimum requirements for condominium property management companies or property managers. This will change on Nov. 1, 2017. Individuals and companies who provide condominium management services on or after that date will need to apply for a licence. As of Jan. 30, 2018, it will be illegal for any person or firm to provide condominium management services unless they have applied for or hold a condominium management licence. Illegal condominium management practice may jeopardize future licence applications.

Over the next few weeks, the condo industry will be adjusting to the new regulatory regime, including mandatory training, licensing and new dispute resolution systems. Even when these changes are made, Bill 106 will not be fully implemented. More changes will be coming as new regulations, guides and forms are released.

Laura McKeen is a partner with Cohen Highley LLP in London, Ont. Cohen Highley has offices in London, Kitchener, Chatham and Sarnia. She provides risk management and regulatory compliance advice to housing providers and property management companies. She can be reached at mckeen@cohenhighley.com or 519-672-9330 x 427.    https://www.thelawyersdaily.ca/realestate/articles/4919/implementing-bill-106-big-shake-up-for-the-condominium-industry-?nl_pk=d95c6284-5ba7-4473-8d78-cd2edd904169&utm_source=newsletter&utm_medium=email&utm_campaign=realestate


Laura McKeen

Tuesday, October 10, 2017

CRA Revenue Canada serves Condo Developer for customer list

There it is

YUP

Who purchased that Condo and then flipped it?

Developers have records and are now required to hand them over.


And several similar applications are under way, reflecting the federal government's efforts to crack down on potential tax cheating in the presale market.A July 25 Federal Court order requires the developers of the Residences at West, a Vancouver condo project at 1738 Manitoba St., to provide the Canada Revenue Agency (CRA) with documents related to presale flips, also known as assignments, in the building, including proof of payments and correspondence between the developers and people who buy the assignments.That order followed a June 29 application from the federal government.In September, the Minister of National Revenue applied for court orders related to One Pacific, a Concord Pacific project, and Telus Gardens, a downtown project developed by Westbank Corp.Both developers said they would comply with the request for documents."Customer information is protected by privacy laws and is not at the developer's liberty to disclose unless ordered by the Court," Matt Meehan, senior vice-president of planning at Concord Pacific Developments Inc., said in an e-mail.  https://beta.theglobeandmail.com/news/british-columbia/court-orders-developer-to-reveal-condo-flipper-info/article36528239





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