Flipping Condo Presale paper- is interest deductable if I use my line of credit -
Good day Sir
I have a line of credit on my residential property
which I would like to use for a down payment on a pre-sale purchase for
investment purpose.
My questions is: can I deduct the interest (from my
personal income) occuring from this line of credit or should I deduct the
interest when i sell the property. I plan to sell the property before it will be
built, with other words... flipping the property in a short time ( less than 3
years or so)
Thank you for your reply
david ingram replies:
The interest is NOT deductible on a current basis and is only maybe an addition to the ACB of the condo as you flip it. Now to be sure, I have not seen the CRA turn the addition of interest down in the last ten years but there is a question mark around it.
When you 'flip' the paper, any profit will be treated as straight income, not a capital gain by the CRA.
The following older questions will help a bit as well
My question is: Canadian-specific
QUESTION: Hi,
If we buy a fixer-upper to renovate and flip without renting it out what are the allowable expenses for deductions?
Thanks
____________________________________________________________________
david ingram replies:
In general anything you spend to do the fixing is a
deduction from the final sale profit. This would include but is not
limited to:
materials, subcontractors, legal, accounting, real
estate commissions, surveyors, appraisals, interest on the mortgage, interest on
a building loan, interest on material loans (maybe because you used a credit
card to buy), truck expenses to get supplies and transport tools, afvertising,
utilities, photography, landscaping, trash removal, dumping fees, building
permits, architects fees, engineering fees, home inspection fees, insurance,
helpers, etc.
Remember that any profit is taxable at straight
income rates on line 135. Flipping or renovating does NOT create capital
gains tax. The following older Questions will explain that a
bit.
______________________________________________________________________
DAVID
A "friend" who is a BC realtor and has the
flipping question presented to her
from time to time recently attended a seminar that was related to this
subject. As a result she was able to provide me with some interesting
thoughts to ponder concerning "intent" and "professional background" when it comes to "flipping houses"
and tax in Canada. You may possibly be looked at as a Developer all the
subsequent implications.
Read the full article at <http://tax.centa.com/comment.php?mode=view&cid=8>
----------------------------------------------------------------------------
david ingram replies:
In Canada, the purchase and sale of any piece of real estate with or without
renovations is considered a sale and subject to straight income tax unless:
1. It was bought for and clearly used as your personal residence and was
intended to be used for an indefinite period of time which is usually in the
five to ten year range.
2. It was bought as and used as a recreational property
3. It was bought for the purposes of earning long term rental income.
In the case number 1, there is no tax.
In the case of numbers 2 and 3, the sale is treated as a capital gain and
only fifty per cent of the profit is taxed at your regular tax rates.
Lots of / many (anyone caught) are taxed full tax rates when they buy a
house, move in, fix it up and sell it a year or two later and then do
another one.
Of course, most are NOT caught in these circumstances.
However, "any" flip is going to be straight income unless the person can
prove that they bought it to live in and then:
* married a person with three children and it is not big enough (had to sell
and bought bigger)
* were transferred to another city (had to sell to buy in new city)
* lost their job, were injured, etc. and can no longer afford to move in. In
this case, they would have to show that they had the finances to have paid
for it when they bought it. (Not only can they not afford it but they have
moved into their parents' basement (boomeranged).
* Inherited a house from their parents and do not need it any more. (are
living in the new house)
You can read more by going to www.centa.com - click on tax guide in the top
left hand corner and then click on the "capital gain" section.
david
This older q & A also gives an idea
My daughter is closing on a presale Yaletown condominium this summer. She
is working until Christmas in Alberta. She returns to Vancouver from Jan to
May and if the job becomes a full time position, then she may return to
Alberta to live. At the time of presale, February 2004, we thought that the
suite would be assigned to her and that she would live in the suite.
I was hoping that she could declare the suite as her permanent residence
since she is only renting in Alberta and the work is not permanent. In
May 2007, she could decide to keep or sell the suite.
What does she need to do in order to qualify the suite as her permanent
residence?
-----------------------------------------
david ingram replies:
There is no absolute answer because you can call a toad a frog all day long
but it is still a toad.
To be a principal residence and tax free for income tax purposes, the
property must have been bought by her to live in and she HAS TO move into
it. - No exceptions that I know of.
You can expect that the CRA will be looking at "every" quick resale in EVERY
downtown building.
In deciding if it is a capital gain or a flip, the CRA will be looking at
the suitability of the unit as a residence, the ability to pay for the unit
and past and even future performance.
In other words if she claimed this one as a principal residence and then did
it again a year later, the CRA would have every right to go back and
reclassify the first one.
david ingram
from time to time recently attended a seminar that was related to this
subject. As a result she was able to provide me with some interesting
thoughts to ponder concerning "intent" and "professional background" when it comes to "flipping houses"
and tax in Canada. You may possibly be looked at as a Developer all the
subsequent implications.
Read the full article at <http://tax.centa.com/comment.php?mode=view&cid=8>
----------------------------------------------------------------------------
david ingram replies:
In Canada, the purchase and sale of any piece of real estate with or without
renovations is considered a sale and subject to straight income tax unless:
1. It was bought for and clearly used as your personal residence and was
intended to be used for an indefinite period of time which is usually in the
five to ten year range.
2. It was bought as and used as a recreational property
3. It was bought for the purposes of earning long term rental income.
In the case number 1, there is no tax.
In the case of numbers 2 and 3, the sale is treated as a capital gain and
only fifty per cent of the profit is taxed at your regular tax rates.
Lots of / many (anyone caught) are taxed full tax rates when they buy a
house, move in, fix it up and sell it a year or two later and then do
another one.
Of course, most are NOT caught in these circumstances.
However, "any" flip is going to be straight income unless the person can
prove that they bought it to live in and then:
* married a person with three children and it is not big enough (had to sell
and bought bigger)
* were transferred to another city (had to sell to buy in new city)
* lost their job, were injured, etc. and can no longer afford to move in. In
this case, they would have to show that they had the finances to have paid
for it when they bought it. (Not only can they not afford it but they have
moved into their parents' basement (boomeranged).
* Inherited a house from their parents and do not need it any more. (are
living in the new house)
You can read more by going to www.centa.com - click on tax guide in the top
left hand corner and then click on the "capital gain" section.
david
This older q & A also gives an idea
My daughter is closing on a presale Yaletown condominium this summer. She
is working until Christmas in Alberta. She returns to Vancouver from Jan to
May and if the job becomes a full time position, then she may return to
Alberta to live. At the time of presale, February 2004, we thought that the
suite would be assigned to her and that she would live in the suite.
I was hoping that she could declare the suite as her permanent residence
since she is only renting in Alberta and the work is not permanent. In
May 2007, she could decide to keep or sell the suite.
What does she need to do in order to qualify the suite as her permanent
residence?
-----------------------------------------
david ingram replies:
There is no absolute answer because you can call a toad a frog all day long
but it is still a toad.
To be a principal residence and tax free for income tax purposes, the
property must have been bought by her to live in and she HAS TO move into
it. - No exceptions that I know of.
You can expect that the CRA will be looking at "every" quick resale in EVERY
downtown building.
In deciding if it is a capital gain or a flip, the CRA will be looking at
the suitability of the unit as a residence, the ability to pay for the unit
and past and even future performance.
In other words if she claimed this one as a principal residence and then did
it again a year later, the CRA would have every right to go back and
reclassify the first one.
david ingram
---------------------------------------------------------------------------------------------------------------
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California to Mexico family, estate, income trust trusts
Cross border, dual citizen - out of country investments are all handled
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Phone consultations are $400 for 15 minutes to
50 minutes (professional hour). Please note that GST is added if product remains
in Canada or a phone consultation is in Canada.
This is not intended to be definitive but in
general I am quoting $800 to $2,800 for a dual country tax
return.
$800 would be one T4 slip one W2 slip one or two
interest slips and you lived in one country only - no self employment or rentals
or capital gains - you did not move into or out of the country in this
year.
$1,000 would be the same with one rental
$1,200 would be the same with one business no
rental
$1,200 would be the minimum with a move in or
out of the country. These are complicated because of the back and forth foreign
tax credits. - The IRS says a foreign tax credit takes 1 hour and 53
minutes.
$1,500 would be the minimum with a rental or two
in the country you do not live in or a rental and a business and foreign tax
credits no move in or out
$1,600 would be for two people with income from two countries
$2,800 would be all of the above and you moved
in and out of the country.
This is just a guideline for US / Canadian
returns
We will still prepare Canadian only (lives
in Canada, no US connection period) with two or three slips and no capital
gains, etc. for $150.00 up.
With a Rental for $350
A Business for $350 - Rental and business likely
$450
And an American only (lives in the US with no
Canadian income or filing period) with about the same things in the same range
with a little bit more if there is a state return.
Moving in or out of the country or part year
earnings in the US will ALWAYS be $800 and up.
TDF 90-22.1 forms are $50 for the first and
$25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to $100.00
each.
18 RRSPs would be $900.00 - (maybe amalgamate a
couple)
Capital gains *sales) are likely $50.00
for the first and $20.00 each after that.
Just a guideline not etched in
stone.
This from "ask an income trusts tax and immigration expert"
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