Real Estate

Non Resident owners need to be very aware of this

  • Last Updated:
  • Feb 10th, 2023 8:44 pm
[OP]
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Sep 1, 2005
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Markham

Non Resident owners need to be very aware of this

This is coming and filing start this Spring. If you are or know someone who is non-resident, you better get your stuff in order.

You must file even if your the house is occupied...to claim an exemption. A failure to file [even if the house is occupied] is $5,000 for individuals. Further a failure to file might mean certain exemptions will not be available to you.

https://www.mnp.ca/en/insights/director ... ng-tax-act

The rules require residential property owners (with some exceptions, as discussed below) to file an annual UHT return (Form UHT-2900), even if only to claim an exemption from the tax. As a result, many Canadian corporations, partnerships, and trusts — including those with no foreign ownership or foreign beneficiaries — that hold residential property are required to file a return for each property annually even where no tax is payable. Significant penalties apply if the UHT return is not filed on time.
We're all bozos on the bus until we find a way to express ourselves...

Failure is always an option...just not the preferred one!
18 replies
Member
Jul 26, 2015
413 posts
472 upvotes
Vancouver, BC
gr8dlr wrote: This is coming and filing start this Spring. If you are or know someone who is non-resident, you better get your stuff in order.

You must file even if your the house is occupied...to claim an exemption. A failure to file [even if the house is occupied] is $5,000 for individuals.

https://www.mnp.ca/en/insights/director ... ng-tax-act

The rules require residential property owners (with some exceptions, as discussed below) to file an annual UHT return (Form UHT-2900), even if only to claim an exemption from the tax. As a result, many Canadian corporations, partnerships, and trusts — including those with no foreign ownership or foreign beneficiaries — that hold residential property are required to file a return for each property annually even where no tax is payable. Significant penalties apply if the UHT return is not filed on time.
Ontario is finally catching up with BC in terms of scalping property owners.
We‘ve been doing this paperwork for over 3 years here now.

In a couple of years every property owner in any major Canadian city will have to file 3 property declarations annually in order to avoid extra taxation: one with your Municipal government, another one with the Provincial government and one more with the Federal government.

Basically non-action means you’ll be on the hook to pay extra taxes. No matter what is your status.

Property owners, especially investors (no matter the status) are easy targets and politicians don’t mind getting some extra points.

And then each level of government will start hiking and expanding the tax penalties. Vancouver EHT went from 1% to 5% in a matter of a couple of years.
Deal Addict
Nov 9, 2017
1061 posts
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Sam286 wrote: Ontario is finally catching up with BC in terms of scalping property owners.
We‘ve been doing this paperwork for over 3 years here now.

In a couple of years every property owner in any major Canadian city will have to file 3 property declarations annually in order to avoid extra taxation: one with your Municipal government, another one with the Provincial government and one more with the Federal government.

Basically non-action means you’ll be on the hook to pay extra taxes. No matter what is your status.

Property owners, especially investors (no matter the status) are easy targets and politicians don’t mind getting some extra points.

And then each level of government will start hiking and expanding the tax penalties. Vancouver EHT went from 1% to 5% in a matter of a couple of years.
Doubt that would be all. Tracking people exactly where they live is for another reason.
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Apr 30, 2021
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Rural Kanata
More beautiful overhead from Federal Libs.

Land Titles Act specifically prohibits registration of trust information. Only records legal title holder.
Trusts not to be entered
62 (1) A notice of an express, implied or constructive trust shall not be entered on the register or received for registration. R.S.O. 1990, c. L.5, s. 62 (1).

Description of owner as a trustee
(2) Describing the owner of freehold or leasehold land or of a charge as a trustee, whether the beneficiary or object of the trust is or is not mentioned, shall be deemed not to be a notice of a trust within the meaning of this section, nor shall such description impose upon any person dealing with the owner the duty of making any inquiry as to the power of the owner in respect of the land or charge or the money secured by the charge, or otherwise, but, subject to the registration of any caution or inhibition, the owner may deal with the land or charge as if such description had not been inserted. R.S.O. 1990, c. L.5, s. 62 (2).
Where is this federal “Beneficial Ownership Registry”? Hopefully PP takes charge and reverses this Lib garbage, along with the tax on passive income inside a corp nonsense Trudeau added. How are they even going to know about any such arraignments if the property is not producing any income? These guys make me so mad!

Bring back the bearer shares! Stay out of my business!

Now we will have to file this UHT exemption for EVERY property held by a Corporation, THANKS TRUDEAU!
Sr. Member
Mar 25, 2018
803 posts
1269 upvotes
Sam286 wrote: Ontario is finally catching up with BC in terms of scalping property owners.
We‘ve been doing this paperwork for over 3 years here now.

In a couple of years every property owner in any major Canadian city will have to file 3 property declarations annually in order to avoid extra taxation: one with your Municipal government, another one with the Provincial government and one more with the Federal government.

Basically non-action means you’ll be on the hook to pay extra taxes. No matter what is your status.

Property owners, especially investors (no matter the status) are easy targets and politicians don’t mind getting some extra points.

And then each level of government will start hiking and expanding the tax penalties. Vancouver EHT went from 1% to 5% in a matter of a couple of years.
This is federal level tax. Ontario has done nothing, so far. Toronto has emputy home tax.
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Dec 13, 2016
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File how? Can my accountant do this for me?

a week ago I enquired about evicting a tenant because I will return to Canada.

Now I think it is just better to sell instead and put my money in the country where my property rights are respected.

Already I am not allowed to even raise rent to match inflation or taxes. I am not in the business of solving Canada's housing problem.
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Dec 13, 2016
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Just wondering why did you indicate that non resident owners should be aware of this. I read the article and it seems to apply to residents too.

Edit:

I think you meant people who are not residing in the their own property. Non residents are people living outside Canada.
Member
Jul 26, 2015
413 posts
472 upvotes
Vancouver, BC
BiegeToyota wrote: Just wondering why did you indicate that non resident owners should be aware of this. I read the article and it seems to apply to residents too.

Edit:

I think you meant people who are not residing in the their own property. Non residents are people living outside Canada.
You are correct
Member
Jul 26, 2015
413 posts
472 upvotes
Vancouver, BC
LordOfTheManor wrote: More beautiful overhead from Federal Libs.

Land Titles Act specifically prohibits registration of trust information. Only records legal title holder.



Where is this federal “Beneficial Ownership Registry”? Hopefully PP takes charge and reverses this Lib garbage, along with the tax on passive income inside a corp nonsense Trudeau added. How are they even going to know about any such arraignments if the property is not producing any income? These guys make me so mad!

Bring back the bearer shares! Stay out of my business!

Now we will have to file this UHT exemption for EVERY property held by a Corporation, THANKS TRUDEAU!
British Columbia just got its own “Beneficial Ownership Registry” on provincial level last year.
Everyone had to file detailed information with their lawyers or face penalties. It’s done.
The database is open, totally transparent and is searchable by anyone willing to spend less than $10 per search.
Member
Jul 26, 2015
413 posts
472 upvotes
Vancouver, BC
rfduser123 wrote: This is federal level tax. Ontario has done nothing, so far. Toronto has emputy home tax.
If someone lives in Vancouver, then they have to deal with:
1. Vancouver Empty Homes Tax declaration, currently up to 5% annually
2. British Columbia Speculation tax declaration (same thing, but on provincial level), currently up to 2% annually
3. The new upcoming federal tax filing. Hope they amalgamate it into one of the filings above, whatever it is… otherwise it will be simply annoying.

I don’t see the way back…
Governments on all levels love this approach.
Member
Jul 26, 2015
413 posts
472 upvotes
Vancouver, BC
BiegeToyota wrote: File how? Can my accountant do this for me?

a week ago I enquired about evicting a tenant because I will return to Canada.

Now I think it is just better to sell instead and put my money in the country where my property rights are respected.

Already I am not allowed to even raise rent to match inflation or taxes. I am not in the business of solving Canada's housing problem.
Annual target immigration to Canada is 400,000 ++ people per year. This is more than 1% of Canadian population.
The government is trying to cool down the real estate market in spite of such a demand for housing, basically like trying to lock up a boiling kettle.
The property prices are somewhat depressed right now, but as history showed us in so many other places it’s a temporary effect.
The property prices will explode once again in 3-4 years no matter what the government does. Unless they double or triple the housing supply.
[OP]
Deal Expert
User avatar
Sep 1, 2005
18980 posts
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Markham
BiegeToyota wrote: Just wondering why did you indicate that non resident owners should be aware of this. I read the article and it seems to apply to residents too.

Edit:

I think you meant people who are not residing in the their own property. Non residents are people living outside Canada.
Applies to

owned by any non-resident, non-Canadian
We're all bozos on the bus until we find a way to express ourselves...

Failure is always an option...just not the preferred one!
Member
Jul 26, 2015
413 posts
472 upvotes
Vancouver, BC
gr8dlr wrote: Applies to

owned by any non-resident, non-Canadian
All private corporations, partnerships, and trusts which own residential property in Canada have to file.
Not just non-residents.
Deal Addict
Nov 13, 2013
4218 posts
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Ottawa
BiegeToyota wrote: File how? Can my accountant do this for me?

a week ago I enquired about evicting a tenant because I will return to Canada.

Now I think it is just better to sell instead and put my money in the country where my property rights are respected.

Already I am not allowed to even raise rent to match inflation or taxes. I am not in the business of solving Canada's housing problem.
Assuming they are under market rent it does make sense to evict for personal use and live there awhile. When you sell some of your cap gains can be exempt also. It surely will appreciate a lot while you live there. Lastly if you need appliances order them now so they are deductible. 100% if replacing broken.
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Apr 30, 2021
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Rural Kanata
Sam286 wrote: All private corporations, partnerships, and trusts which own residential property in Canada have to file.
Not just non-residents.
A “Trust” does not hold legal title to property in Canada.
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So, just to clarify. This will need to be filed not before April 2024?
Member
Jul 26, 2015
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Vancouver, BC
LordOfTheManor wrote: A “Trust” does not hold legal title to property in Canada.
This is where the “transparency act” with required disclosure of beneficial ownership comes in. This “blanket” covers trusts.
This is what we got in BC last year. Other provinces will follow for sure.
Google “transparency act BC” to expect the unexpected :)
Member
Jul 26, 2015
413 posts
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Vancouver, BC
BiegeToyota wrote: So, just to clarify. This will need to be filed not before April 2024?
No.
Not later than May 1, 2023 for the current filing.

If you are an individual resident owner (not a corporation, not a partnership, not a trust, not a non-resident individual owner) , then based on the current wording you do not need to file the declaration.
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Apr 30, 2021
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BiegeToyota wrote: So, just to clarify. This will need to be filed not before April 2024?
Great vid on the UHT...

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