Common-Law couple Investing in Revenue Properties in
This is a multi-part message in MIME format. ---------------------- multipart/alternative attachment The REAG mentioned below is Ozzie Jurock's Real Estate Advisory Group. = I recommend that you find out more at www.jurock.com david =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D David I sent you this e-mail earlier on the same day that you sent out your = e-mail advising of the changes that were happening in your life. I am = therefore not sure that it would have got to you and am therefore taking = the liberty of forwarding it to your new e-mail address. Please forgive = me if you got it and now I am cluttering up your in-box. =20 I wish you well in your new (ad)venture and strength of spirit during = challenging times. CXXXXXXXXXXXXXX Hi David I am in Ozzie's REAG group. Would you be so kind as to help me with the = following: I and my common-law partner of many years, would like to start investing = in some Revenue Properties. =20 Question1: I am not sure whether we should register the properties in = both our names or whether each property should be purchased in our = individual names or alternatively in only one of our names? If we were = to purchase in both our names we would each put in towards the initial = downpayment from our individually held bank accounts. Right now the only = property I own is the property we live in and my partner owns no other = property (I am thinking Capital Gains advantages, if any).=20 Question2: The home we live in is registered in my name only and I have = arranged my affairs according to advice you have given me previously so = that any deposit monies would be funded by my line of credit/mortgage on = my home so that I could enjoy "mortgage interest deductability". I = would assume that if we were to buy the properties in both our names = and I put in say 70% of the downpayment and my partner put in 30% that = we would need to reflect any losses or gains that we make on rental = income or future capital gains in our tax returns according to those = percentages? Also, lets assume that if one of us funded the initial = downpayment from our own bank account but the property was registered in = the other partner's name, would it then be incumbent on the partner who = funded the deposit to claim the rental losses/gains and future capital = gains/losses notwithstanding that the property was not registered in = their name and that the registered partner on title had possibly paid = the monthly maintenance expense etc? Thanks very much for your time in relying. I really do appreciate your = generosity. Centapede is the mail I most look forward to in my mailbox = each day. Sincerely Charles Burgess =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D david ingram replies: I am still getting all my mail although there was some confusion at the = start and I am still looking after old clients, etc at the old office. = I will not move to the new one until Nov 1st. 1. In a common law ujion, it does not matter whose name the property = is registered in. The tax act is very clear that rental profit or loss = should be on the return of the partner who put the money in. You may = want to have one of you pay everything for one and the other pay = everything for another property and still put them in Joint tenancy with = right of survivorship fopr estate purposes. =20 This all revolves around family facts. For instance, one of you may = have children they want looked after and the other has no children. One = of you may still be legally married to a former spouse. 2. If one puts up the down payment and the other carries the = operating costs, the inputs change on a monthly basis. To be perfect, = you need a spreadsheet or a good notebook to record input percentages = for the two of you. I hate to be commercial, but "BOTH" of you should come in with a list of = what you own, what you owe and a written plan sas to what you want to = accomplish. It will cost you but be worth it. Thanks for the good wishes. David Ingram's US/Canada Services US / Canada / Mexico tax and working Visa Specialists US / Canada Real Estate Specialists 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Res (604) 980-3578 Cell (604) 657-8451 (604) 980-0321=20 New email to [email protected] www.centa.com www.david-ingram.com Disclaimer: This question has been answered without detailed = information or consultation and is to be regarded only as general = comment. Nothing in this message is or should be construed as advice = in any particular circumstances. No contract exists between the reader = and the author and any and all non-contractual duties are expressly = denied. All readers should obtain formal advice from a competent and = appropriately qualified legal practitioner or tax specialist in = connection with personal or business affairs such as at www.centa.com. = If you forward this message, this disclaimer must be included." Be ALERT, the world needs more "lerts" =20 This from "ask an income tax and immigration expert" from www.centa.com = or www.jurock.com or www.featureweb.com. Davidi Ingram deals daily with = tax returns dealing with: multi jurisdictional cross and trans border expatriate problems for the = United States, Canada, Mexico, Great Britain, the United Kingdom, = Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New = Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, = Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, = Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, = Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, = Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with = state tax returns, etc. . =20 ---------------------- multipart/alternative attachment An HTML attachment was scrubbed... URL: http://www.centa.com/CEN-TAPEDE/centapede/attachments/bc846cda/attachment.htm ---------------------- multipart/alternative attachment--
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