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Real estate transfer from Personal Ownership to Corporation

  • Wed, July 17, 2024 4:13 PM
    Reply # 13383306 on 13382853
    Christian Szpilfogel (Administrator)
    Tigran Zohrabyan wrote:

    I was wondering if you could also provide some referrals for real estate lawyers who have a thorough understanding of the process and can offer guidance.

    Regards
    Tigran

    I use SKS Law. Steven Sheppard is my main point of contact.
  • Tue, July 16, 2024 7:18 PM
    Reply # 13382853 on 13381185

    Thank you, Christian and John, for your prompt response.

    I have been searching through forum discussions and came across your suggestions regarding accountants.

    I was wondering if you could also provide some referrals for real estate lawyers who have a thorough understanding of the process and can offer guidance.

    Regards
    Tigran

  • Tue, July 16, 2024 9:52 AM
    Reply # 13382573 on 13381185
    John Walsh (Administrator)

    Tigran,

    For what it's worth, depending on how many properties you plan to acquire, you eventually will want to use corporations as you will hit limits with various lenders of what you can have in your personal name.  

    Some lenders have door limits, some property limits, some DCR limits and others total mortgage limits/lender exposure.

    With corporations you can segregate the view to each lender what you own vs what is in any particular corporation that you own. 

    Again, you need a strategy and work with accountants/lawyers who understand what your goals/needs are so they can assist you along the way. 

    Cheers

    JRW

  • Mon, July 15, 2024 10:35 AM
    Reply # 13382144 on 13381185
    Christian Szpilfogel (Administrator)

    Hi Tigran,

    I have my original properties in my personal name and subsequent in separate corporate entities. There can be tax optimizations in both cases and an accountant versed in real estate would be best to take into context your current and future situations.

    I thought about moving my personal properties to corp but given I am a full time investor, there were still advantages tax-wise to keep them in my personal name. The only risk really is liability which is the other main reason we move properties to corporations.

    It is my understanding that when you move a property to a corporation, that CRA has a mechanism to allow this without triggering capital gains. However, land transfer tax is almost certainly unavoidable and would be due on the transfer.

    Hope that helps.


  • Fri, July 12, 2024 9:52 AM
    Message # 13381185
    Hi OREIO Team,

    We have several rental properties that we would like to transfer from personal ownership to a corporation. I need advice on the aspects of transferring the properties and the tax implications involved.

    Initially, we bought these properties with the intention of selling them when the market was favorable, but now we are inclined to expand our portfolio. Given the current interest rates, it doesn't make sense to keep existing and future properties under personal ownership due to the high tax bracket.

    I am asking our club members for guidance or referrals to specialists with extensive experience in handling such situations.

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