IT-533 Disappearing Source Rules for sale of Rental
This is a multi-part message in MIME format. ---------------------- multipart/alternative attachment David, =20 Happy Canada Day! =20 One of my rental properties in Calgary has now sold and I want to make = sure that I understand the tax implications correctly. =20 As you know, I've been applying 100% of the rental income to pay down = non-deductible debt and in turn have been borrowing to cover operating = expenses (mortgage payments including principle and interest, property = taxes, management fees, repairs, maintenance, etc). =20 I read the CCRA Bulletin No IT-533 that you forwarded a couple of weeks = back but I'm not real clear on the "Disappearing Source Rules" for my = particular situation. =20 I'll keep the numbers simple for the purpose of this discussion. =20 -Purchased property in 1993 for $60,000 (joint title with my wife). -After deducting the closing costs, I grossed $120,000 on the sale. -A $50,000 mortgage on the property was discharged which left me with a = net of $70,000 that was deposited into my personal bank account. -Since I have been borrowing to cover the rental property expenses over = the past year, I have also incurred a debt of $20,000 directly related = to the property, that is still accruing interest charges. =20 I understand that the interest on this $20,000 loan would be deductible = as long as I continued to own the income producing rental property. But, = now that the source asset has "disappeared" due to the sale of the = property, will the interest on the $20,000 continue to be deductible or = not? =20 Does it make a difference as to what my intent is for the $70,000 that I = just deposited into my personal bank account (ie. applying the money to = a new investment vs keeping the money to cover personal expenses during = my transition period between jobs - FYI : I no longer work for The = XXXXXXXXXXXXX). =20 Finally, based on the above numbers, what would the amount be for = capital gains that my wife and I will have to pay tax on? =20 Thank you in advance for your response. =20 Regards, XXXXX =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=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D david ingram replies: The answer is that if you segregate the $20,000 into a money market fund = or mutual fund or a GIC, the interest will continue to be deductible. = You should likely phone Fred Snyder at (604) 731-8900 and investigate = the Manulife Seg Fund alternative to an RRSP. Put $20,000 in, borrow = another $50,000 and you will have an interesting investment that is not = touchable by creditors and does not pass by will and the principal is = guaranteed at the end of 10 years. If you commingle the funds as it sounds like you have done, you are in = danger of them suggesting that the money was used for personal purposes. Another method would be to put the $20,000 in another account that you = use for your home based business. Your home based business is a real = one that has generated many thousands of dollars and using that $20,000 = for the business in the next year would allow for expansion, new = equipment, more supplies and inventory. =20 You or anyone else can read IT-535 at: http://www.cra-arc.gc.ca/E/pub/tp/it533/it533-e.html I think it has done a marvelous job of codifying what the CRA will and = will not allow. The Bulletin, in fact, makes interest as a deduction easier to follow. Assuming the property in Calgary has a $60,000 profit after taxes, the = taxable portion will be $30,000 which is in turn divided between = yourself and your spouse and $15,000 each is added to the top of your = other income at your highest marginal tax rate. As I remember it, Cindy = would be paying about 24% of this in tax or less than $3,600. You will = likely pay 33% or $5,000. In addition, we claimed CCA on the unit. I do not have all the figures = that were claimed, but in 2002 (the only year I can access from home), = you claimed $1369 on one an $1569 on the other and I think we claimed in = 2003 as well. I do not know what you claimed in prior years. The CCA = claimed also had to be recaptured and is tacked on top of your = respective incomes (likely 24% for your spouse and 33% for you. Hope this helps. Remember, A good friend will come and bail you out of = jail...but, a true friend will be sitting next to you saying, = "Damn...that was fun!"=20 And,=20 Answers to this and other similar questions can be obtained free on Air = every Sunday morning. Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Cartier = Partners and I will be hosting an INFOMERCIAL but LIVE talk show called = "ITS YOUR MONEY" Those outside of the Lower Mainland will be able to listen on the = internet at www.600AM.com=20 Local phone calls to (604) 280-0600 - Long distance calls to = 1-866-778-0600.=20 Old shows are archived at the site. This from ask an income tax immigration planning and bankruptcy expert = consultant guru or preparer from www.centa.com or www.jurock.com or = www.featureweb.com. Canadian David Ingram deals daily with tax returns = dealing with expatriate: multi jurisdictional cross and trans border expatriate gambling refunds = for the United States, Canada, Mexico, Great Britain, the United = Kingdom, Kuwait, Dubai, Saudi Arabia, South Africa, Thailand, = Indonesia, Egypt, Antarctica, 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, American and Canadian and Mexican and any of the 43 states = with state tax returns, etc. income tax wizard wizzard guru advisor advisors experts specialist = specialists consultants taxmen taxman tax woman planner planning = preparer of Alaska, Alabama, Arkansas, Arizona,=20 California Denver Colorado, Connecticut, =20 Delaware District of Columbia Miami Florida,=20 Garland Georgia, Honolulu Hawaii, Idaho, Illinois, Indiana Des Moines Iowa Kansas Kentucky,=20 Louisiana Bangor Maine Maryland =20 Boston, Massachusetts, Michigan, Minnesota, =20 Mississippi, Missouri, Montana, Nebraska, =20 Nevada, New Hampshire, New Jersey,=20 New Mexico,New York, North Carolina, =20 North Dakota, Ohio, Oklahoma, Oregon.=20 Paris, Rome, Sydney, Australia Hilton Pennsylvania, Rhode Island, Rockwall,=20 South Carolina, South Dakota, Tennessee, =20 Texas, Utah, Vermont, Virginia,=20 West Virginia, Wisconsin, Wyoming,=20 British Columbia, Alberta, Saskatchewan,=20 Manitoba, Ontario, Quebec City,=20 New Brunswick, Prince Edward Island,=20 Nova Scotia, Newfoundland, Yukon and=20 Northwest and Nunavit Territories, =20 Mount Vernon, Eumenclaw, Coos Bay=20 and Dallas Houston Rockwall Garland=20 Texas Taxman and Tax Guru and wizzard=20 wizard - David Ingram's US/Canada Services US/Canada/Mexico Tax Immigration & working Visa Specialists US / Canada Real Estate Specialists 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Calls accepted from 10 AM to 10 PM 7 days a week Res (604) 980-3578 Cell (604) 657-8451 Bus (604) 980-0321=20 [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 & = the author and any and all non-contractual duties are expressly denied. = All readers should obtain formal advice from a competent financial, or = real estate planner or advisor & appropriately qualified legal = practitioner, tax or immigration specialist in connection with personal = or business affairs such as at www.centa.com. If you forward this = message, this disclaimer must be included." ---------------------- multipart/alternative attachment An HTML attachment was scrubbed... URL: http://www.centa.com/CEN-TAPEDE/centapede/attachments/422c7fd3/attachment.htm ---------------------- multipart/alternative attachment--
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