Investing with Those Closest to Us Is Fraught with Peril

Image of stick people holding hands

Podcast Episode 114:

“Real Estate Between Friends and Family.”

It might seem easier to invest in real estate with people you know and love because you already trust them. Actually, you still need to do the same amount of due diligence, if not more! When you get into real estate deals with friends and family, there’s more at risk than just money.  This podcast is about protecting your relationships if you choose to invest in property with the people closest to you.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

Flipping Properties is Risky. Here’s Why!

Podcast Episode 113:

“So, You Want To Be A ‘Flipper.’”

There is a whole section of the real estate investment world known as ‘flipping.’ Basically, flipping is when an investor gets control of a property by signing a purchase contract, but rapidly sells it to someone else for a profit. Don R. Campbell of Real Estate Investment Network (REIN) fame has long cautioned against the most common form of flipping, which is to invest in condominium pre-sales. This is a Tale about a client of mine who got caught trying to flip a bunch of properties

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

Flipping / Assigning Properties? Don’t Go To Jail!

CRA Investigating Tax on Undeclared Earnings for Flipping Offers to Purchase Real Estate in Canada

We’ve all heard the stories. In red-hot real estate markets like Toronto and Vancouver, brand-new projects, especially condo projects sell out fast. When sales open, there are lineups around the block. Desperate purchasers clutch serious deposit money in their anxious hands, hoping against hope that by the time they get to the front of the line, there will be a unit left for them to buy. Often, when sales to the public start, a 100 unit project has only 40 units left, the others are already sold. Who got to buy those units and how does that work? Continue reading

Is Your RRSP Mortgage Legal?

Podcast Episode 108:

“RRSP Mortgages and the CRA.”

Registered Retirement Savings Plan (RRSP) mortgages, the supposed Holy Grail of private lending. I hear it all the time. Borrowers of all stripes believe there is a vast pot of money held in RRSP accounts just waiting to be lent to them. And, to some extent, that’s true. There are lots of folks with lots of RRSP money tucked away. Maybe you’ve thought about leveraging your RRSP to become a lender yourself.

But, like everything else run by the government, there are rules to follow if you want to lend your RRSP money as a mortgage.

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

Struck Corporations, Land Titles, and Tax in Alberta

3D stickman with red letter envelope

Podcast Episode 102:
“Corporate Matters Matter.”

Here at RMLO Law LLP in Edmonton, Alberta, we are the corporate registered office for many corporations. We get lots of letters addressed to those corporations because that’s part of being registered office. Anyone who wants to send something official to a corporation can send it to the registered office. Those official notices are often notices of trouble…

A recent letter was no different. It was a scary letter!

Download the audio file HERE.
Download the handout HERE.
(control click or right click + save as)

Continue reading

Assuming Mortgages and Transfering Property to a Corporation

house outline with check mark

Podcast Episode 99:
“Happy Assumptions & Corporate Rollovers.

This episode of Tales from the Trenches contains two stories about transfers: one is about transferring mortgages and the other is about transferring property.

In theory, many mortgages are assumable, but in practice lenders in Alberta (and elsewhere) have been tightening up on their regulations. Some lenders just won’t allow it at all, while others require full re-qualification. This Tale explains how a real estate investor got the bank to agree to a mortgage assumption after he held a property for just seven days!

Rollovers are when a property is transferred from your personal name to your corporation or vice-versa. My Edmonton legal firm, RMLO Law LLP (formerly Ritchie Mill Law Office), helps people with rollovers all the time. But we always caution our clients to get additional accounting advice because capital gains might be an issue. In this Tale, the example is an investor who rolled over a property and had to pay the Canada Revenue Agency (CRA) $30,000 dollars in tax…

Download the audio file HERE.
(control click or right click + save as)

For all your Alberta real estate law needs, contact Barry and he’ll sort you out.

“3D Home Inspection Big Check” by http://www.ccpixs.com/ used under CC Attribution 2.0 Generic.

Sales Tax on Real Estate Purchase

Focus on Real Estate: Quick Tips.

Do you have to pay sales tax when buying a home or investment property in Canada? The short answer is yes, but it varies by province as to how much you’ll have to pay. In Alberta, you only have to worry about the federal Goods and Services Tax (GST) because there is no provincial sales tax. Did you know that you can sometimes get a rebate on the GST when you buy real estate? In this video, Barry talks about the rules for personal residences vs rental properties when it comes to paying sales tax on real estate purchases in Alberta. If you need a real estate lawyer in Alberta, contact Barry at RMLO Law LLP.

This is the next instalment of Focus on Real Estate with Barry C. McGuire, a series of videos that provides answers to frequently asked questions about real estate.

If you’re buying or selling real estate in Alberta, Barry can help. Contact him now using the form below.

Videos co-produced by the Real Estate Investment Network (REIN) as a Google Partner.

Joint Ventures, RRSP Mortgages, Due Diligence, & More!

Podcast Episode 92:
A Few Quick Tales.”

Here’s some great stories about people buying and selling real estate in Alberta. These five quick Tales from the Trenches are short, but they show a wide range of different issues, problems, and successes.

In a joint venture, it’s always nice when a more experienced investor can help out someone who’s just getting started, which is the subject of the first Tale. The second deals with rules surrounding RRSP mortgages. Did you know that the money needs to be at arm’s length from the person whose RRSP it is? The third Tale is about Alberta Health’s Minimum Housing & Health  Standards. I’d recommend anyone looking to buy real estate in Alberta take a look at these (available HERE), especially if they want to rent out the property. The second last Tale is about seller’s warranties. They can be hard to enforce, and so due diligence with things like fire safety searches is important before committing to buy. Finally, a real estate deal that is too good to be true can have hidden problems. It might still be a good deal, but it’s best to look a gift horse in the mouth by still doing your due diligence.

Download the audio file HERE.
(control click or right click + save as)

If you’re buying or selling real estate in Alberta, get yourself an experienced Edmonton lawyer. Use the contact form below!

House/Home Inspection” image by Mark Moz used under CC Attribution 2.0 Generic.

Is Tax Planning Worth It?

Donald Trump Is Right (About Tax).

Now, generally I disagree with almost all of The Donald’s actions. But not on tax. If you are interested in legal ways of saving big money on tax when selling property, a business, or other large investments in Alberta, get in touch with me now at RMLO Law LLP.

Donald Trump’s advisers have called him a “genius” after reports that his $900 million loss in 1995 helped him avoid paying federal tax for the next 18 years.

“This is a perfectly legal application of the tax code and he would have been fool not to take advantage of it,” said former New York mayor Rudy Giuliani, one of Trump’s advisers.

Continue reading

Asset Planning & Protection

Podcast Episode 76:
The Power of Trust.

I’ve got a real bee in my bonnet about Asset Planning & Protection (APP). I have done Focus Workshops all about Legacy Planning, Asset/Corporate Structure, Insurance, and Tax Planning, but now it’s time to bring this focus back to my blog and podcast. It’s hugely important for all of us, but we are all so busy buying, selling, and managing real estate that APP always takes a back seat. I want you to have a much better general understanding of Asset Planning & Protection. Are we trying to turn you into lawyers, accountants, financial planners, or tax experts? No, absolutely not. But we are trying to help make you more informed and prepared!

Download the audio file HERE and the text/handout HERE.
(control click or right click + save as)

Continue reading