Tag Archives: condo living

Condo flippers beware: The taxman is watching you, and has new tools at his disposal to ‘take action’

A condo building in downtown Toronto.Jack Boland/Toronto Sun/Postmedia Network

If you plan on selling a home or condo that you bought fairly recently, especially if you never actually moved into it, be wary as the tax man will be carefully watching how you report any gain on your tax return, lest it be seen as a “flip” and be fully taxable as income, rather than a half-taxable capital gain.

The Canada Revenue Agency’s ability to hunt you down over your real estate transactions has improved thanks to the recent $50-million boost in funding over five years announced in the 2019 federal budget to help “address tax non-compliance in real estate transactions.” The CRA uses advanced risk assessment tools, analytics and third-party data to detect and “take action” whenever it finds real estate transactions where the parties have failed to pay the required taxes. Specifically, the CRA is focusing on ensuring that taxpayers report all sales of their principal residence on their tax returns, properly report any capital gain derived from a real estate sale where the principal residence tax exemption does not apply, and report money made on real estate “flipping” as 100 per cent taxable income.

But what, exactly, constitutes a real estate flip? That was the subject of a recent Tax Court of Canada decision, released this week.

 

The case involved a transit operator for the Toronto Transit Commission who, along with his brother, bought and moved into a two-story, three-bedroom townhouse in Vaughan, Ontario, in 1999. His brother contributed toward the initial down payment, lived with him and together they equally shared all household expenses, including the mortgage payments. In 2003, the taxpayer’s brother met the woman who would become his future wife, whom he married in April 2007. She moved into the townhouse and they had a child together in February 2008.

Sometime prior to this, the taxpayer and his brother began discussing going their separate ways. The taxpayer testified that he wanted to sell the townhouse and move to a place that was smaller and closer to work. Indeed, in 2006 he found a smaller place, a two-bedroom condo, which was in the pre-construction phase. The tentative occupancy date of the condo was April 2008, but that date was pushed back several times, ultimately to 2010.

Prior to taking possession of the condo, however, circumstances changed. In December 2008, the brothers’ father passed away while in Jamaica, where he lived together with their mother for about six months each year. Following their father’s death, their mother did not feel safe living alone in Jamaica and in March 2009 she moved into her sons’ townhouse. The taxpayer testified that his brother and his family shared the master bedroom, while the taxpayer and their mother each occupied one of the remaining two bedrooms. This living situation didn’t last long and the taxpayer refinanced the mortgage on the townhouse in order to buy out his brother’s share of the property, enabling him and his family to move out.

In August 2010, the taxpayer took possession of the condo and immediately arranged to list it for sale, realizing that it would be too small for both he and his mother. No one lived in the condo in the interim. He sold it in October 2010 resulting in a net gain of $13,412, which the taxpayer reported as a capital gain, taxable at 50 per cent, on his 2010 tax return. The CRA reassessed him, finding that the $13,412 should have been reported as fully taxable income and slapped him with gross negligence penalties.

The common question of whether a gain from the sale of real estate is on account of income or on account of capital always comes down to the underlying facts. The courts will look to the surrounding circumstances and, perhaps most importantly, the taxpayer’s intention.

The judge reviewed the facts in light of the four factors previously enumerated by the Supreme Court of Canada by which these types of cases are decided: the taxpayer’s intention, whether the taxpayer was engaged in any way in the real estate industry, the nature and use of the property sold and the extent to which the property was financed.

The taxpayer testified that he purchased the condo with the full intention of living in it after his brother moved out of their shared townhouse; however, when his father died and his mother wished to return to Canada to live full-time, the taxpayer “changed his plans to move so that his mother could live with him at (the townhouse), which was a larger space.” He testified that since he could not afford to own both homes, he listed and sold the condo shortly after assuming title. As he testified, if not for his father’s death and his mother’s return to Canada, he would have carried out his plan to sell the townhouse and live in the condo as his primary residence.

The judge concluded that the taxpayer’s intention with respect to the condo was indeed to live in it as his primary residence. He had no secondary intention of putting the condo up for resale at the time of purchase.

The judge therefore concluded that the sale of the condo was properly reported as a capital gain and ordered the CRA to reassess on that basis and cancel the gross negligence penalties.

One final note is warranted: while justice was ultimately done and the taxpayer prevailed, it actually took him nine years and three separate visits to court to get relief. The CRA originally reassessed his 2010 capital gain as income back in 2014. The taxpayer filed a Notice of Objection to oppose the reassessment, which was reconfirmed by the CRA in January 2016. The taxpayer then had 90 days to appeal the CRA’s reassessment to the Tax Court. For a variety of reasons, he missed that deadline and ended up in Tax Court seeking an extension of the deadline to file an appeal. The Tax Court denied his request for an extension. He then went to the Federal Court of Appeal which, in June 2017, reversed the lower court’s decision and allowed an extension of time to appeal to Tax Court, which heard the case in March 2019 and released its decision this week.

 

Source: Financial Post – Jamie Golombek July 5, 2019

 

Jamie Golombek, CPA, CA, CFP, CLU, TEP is the Managing Director, Tax & Estate Planning with CIBC Financial Planning & Advice Group in Toronto.

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The History Of Toronto’s First Apartment Building

toronto first apartment

So many people live in apartments or condominiums in Toronto that it’s hard to imagine a time when renting a small portion of a larger building was a radical, even a shockingly salacious way of life.

Amazingly, before 1899, there were no purpose-built apartment buildings in the city at all, making Toronto something of an anomaly in North America.

Sure, people rented rooms or floors of sub-divided homes (The Ward, a notorious slum that used to be located near current City Hall, was densely populated much earlier), but nothing had been constructed specifically for that purpose.

The first building in Toronto purpose-built for multiple occupancy was the St. George Mansions at 1 Harbord Street, directly opposite where the looming brutalist mass of Robarts Library would later sit.

In 1905, the intersection was part of a relatively quiet and affluent neighbourhood west of the University of Toronto campus.

Dappled sunshine filtered through young trees and little Model T Fords lined the curb. It was a “a district of substantial detached villas,” according to Richard Dennis in a 1989 research paper.

Dennis discusses the St. George Mansions and the real estate market leading up to their construction in detail.

toronto first apartment

As Dennis recalls, the permit for the building’s construction, the first of its type in Toronto, was issued in 1899 to A. W. McDougald, the president of the Improved Realty Co. of Toronto Ltd. He estimated the building would cost his company about $100,000 – the equivalent of about $2 million in today’s money.

The six-storey pressed brick and Bedford stone building, roughly “C”-shaped with a partially enclosed courtyard, took about five years to complete. Many of its 34 apartments had access to balcony space, though some were decorative Juliet-style affairs with heavy stone balustrades.

In 1904, shortly after it was finished, it contained 34 apartments and was home to 99 people, most of them wealthy middle-aged couples. Three barristers, two professors, two bank managers, and a director of an insurance company appeared on the occupancy list at that time.

Toronto was slow compared to other North American cities to build its first apartment block. The living concept had already appeared in Detroit, Cleveland, Buffalo, and other nearby cities, and was established in the form of “apartment hotels” in Boston and New York City in the 1850s and 1860s.

Apartment hotels were typically marketed at single, city-dwelling businessmen. Buildings such as the New York’s Stuyvesant Flats, built in 1869, had “between six and ten rooms each” and were let for $1,200 to $1,800 per year, according to Dennis.

The buildings of this type often had a central restaurant, laundry, recreational facility, barber, and dentist—complete miniature communities for the residents that turned a handsome profit for the owners.

The living concept became less communal and exclusive in the later decades of the 1800s. Apartment buildings that were constructed around this time were private and self-contained and became accessible to middle class families.

toronto first apartment

The apartment building concept wasn’t without its detractors.

Observers fretted that apartment living was unsuitable for families, prompting one Milwaukee landlord to offer free rent for every child born or marriage proposed in his building. “It is a shortcut from the apartment house to the divorce court,” Dennis quotes the author of Housing Problems in America, written in 1917.

The St. George Mansions were targeted firmly at middle class occupants when they were finished in 1904. Economic evidence suggested middle income families were less likely to move and were more numerous than the upper class renters, making them the perfect market to tap.

Toronto’s rents spiked massively in the years the building was under construction – up to 95 per cent between 1897 and 1906 – in part due to a sudden uptick in immigration. There were more new arrivals than the number of new homes could accommodate, making apartment blocks and attractive idea for developers.

toronto first apartment

The second Toronto apartment building was completed a year after the St. George Mansions on University Avenue. The stone, brick, and steel Alexandra was a larger building: 72 suites across seven floors with panoramic views of the city from its penthouse windows.

Like the apartment hotels of New York, the property included a communal dining room and appealed to middle-class renters.

By 1907, Toronto had its first apartment building directory that included Sussex Court at 389 Huron St. and Spadina Gardens at 41-45 Spadina Road, both of which still exist.

The St. George Mansions and the Alexandra are both sadly gone. The former survived until after the Second World War when it was repurposed as Trinity Barracks, the Toronto home of the Canadian Women’s Army Corps.

One contemporary account described the building as “cockroach palace,” suggesting time wasn’t kind to Toronto’s first apartment complex.

Today, U of T’s Ramsay Wright Zoological Laboratories building, built in 1965, occupies its former lot.

Source: BlogTo.com

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Condo Nation

Condos reign supreme in Canada’s hottest cities. The majority of first-time homebuyers in Vancouver, Toronto and Montreal are picking condos, in part due to affordability challenges with single-family detached residential homes. Here are the numbers behind Canada’s condo explosion.

Source: Genworth.ca

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Condo or house: What’s right for you?

Do you want a condo or house? As a first-time homebuyer, this question is probably the first you’ll answer before starting your home hunt. Budget is a large factor, as is region: condos are king in urban markets like Vancouver, Toronto and Montreal, while houses are the go-to in Calgary and on the East Coast. Want to know what’s right for you? Take our “Condo or House?” quiz to shed light on your condo or house dilemma.

Condo or House?

Answer each question below, noting which answer you picked. Use our answer key and tally up your points to find out what’s better for you: condo or house.

Question 1: Can you afford to spend $500,000 or more on your first home?

  1. a) Yes.
  2. b) No.

Question 2: Do you work from home?

  1. a) Yes, most or all of the time.
  2. b) No.
  3. c) I may occasionally bring light work home.

Question 3: Are members of your household very busy with outside activities, or do you tend to be homebodies?

  1. a) We’re very busy and spend a lot of time outside.
  2. b) Most of our hobbies are home based.
  3. c) It’s a mix in our household.

Question 4: Do you enjoy outdoor chores like yardwork, gardening and home maintenance?

  1. a) Yes, I love working on my home and garden.
  2. b) No way!
  3. c) I’m not sure, but I’d consider it.

Question 5: Do you like to entertain friends and family in your home?

  1. a) Absolutely! We love hosting big family dinners and dinner parties.
  2. b) Sometimes, but we’re more into parties than sit-down meals.
  3. c) Yes, but we prefer intimate get-togethers, like having a couple of dinner guests over at a time.
  4. d) No, we prefer to host guests in a restaurant.

Question 6: What best describes your household composition?

  1. a) Living solo and loving it!
  2. b) We’re a couple, with no immediate plans for kids.
  3. c) We’re a couple, getting ready to start our family.
  4. d) We’re a full house of four or more, looking for room to grow!

Question 7: Minimalist living: yay or nay?

  1. a) Yay: I am the queen (or king) of clutter-free living!
  2. b) Nope: I like personalizing my space with my objects.

Answer key:

Q1:

If you selected A, add 10 points.

If you selected B, add 5 points.

December 2017’s national average house price was $614,575. While houses can be had for less, even in big cities like Edmonton, Ottawa and Montreal, those who live in the Greater Vancouver Area or Greater Toronto Area will find that a budget of half a million dollars limits them to condos.

Q2:

If you selected A, add 15 points.

If you selected B, add 5 points.

If you selected C, add 10 points.

Those who work from home should prioritize home office space; a spare bedroom is ideal. Others can get by with a small computer station or even converting a closet into a tuck-away office.

Q3:

If you selected A, add 15 points.

If you selected B, add 5 points.

If you selected C, add 10 points.

The more time you spend at home – and the more members of the household that join you – the more home you’ll need for comfort.

Q4:

If you selected A, add 15 points.

If you selected B, add 5 points.

If you selected C, add 10 points.

Owning a house comes with both seasonal tasks (shovelling snow, gardening, raking leaves, etc.) and weekly chores (taking the trash and recycling to the curb).

Q5:

If you selected A, add 15 points.

If you selected B, add 5 points.

If you selected C, add 5 points.

If you selected D, add 5 points.

Avid home chefs and entertainers will benefit from a roomy kitchen and an open-plan kitchen/dining/living area. A large backyard would be a perk. Condos needn’t cramp your style if you have smaller get-togethers, or if you host your birthday bash in a party room, the perfect pop-up spot for canapés and mingling.

Q6:

If you selected A, add 5 points.

If you selected B, add 5 points.

If you selected C, add 10 points.

If you selected D, add 15 points.

Although condo living is adaptable, at a certain point a growing family may be bursting at the seams and need more room to roam.

Q7:

If you selected A, add 5 points.

If you selected B, add 10 points.

Decluttering will keep your smaller space looking sharp. While houses also look their best when belongings are edited, they do provide more hiding spots for those things you’ve been meaning to purge (but haven’t gotten around to yet!).

Results:

Tally up your points and find out whether a condo or house is better suited to your lifestyle.

If you scored:

35-55: Confirmed Condo-ista

Between price and lifestyle considerations, urban condo living is ideal for you. You’ll love the convenient, maintenance-free condo lifestyle and, of course, being in the heart of the city’s action.

60-80: Ambivalent Shopper

Aspects of condo living (convenience, price point) hold strong appeal for you, but you’re also considering a house you can grow into. It wouldn’t hurt to explore both options, plus townhouses, which offer a bit of each home type.

85-95: Hard-Core House Hunter

You’re looking to live large in a home that does your lifestyle justice – and you’re willing to pay a premium and put in sweat equity to do it. You’ll love turning your house into a home, with room for the creature comforts you cherish.

 

Source: Genworth.ca

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Most landlords plan to ban cannabis use in rental units: Survey

marijuana

Ahead of legalization, most property owners believe cannabis use will decrease the value of their residential assets

marijuana
The majority of landlords polled in a new survey have responded negatively to cannabis use in rental units, going so far as to offer lower rent to tenants who agree to not smoking in units.
The survey conducted by real estate website Zoocasa was conducting in anticipation of cannabis legalization, coming into effect across Canada tomorrow (October 17).
A whopping 88 per cent of landlords say they plan to prohibit smoking in their buildings, with 65 per cent willing to consider lowering rent for tenants who don’t smoke cannabis inside their suites. Sixty-four per cent of Canadians agree that building management or strata councils should have the right to ban cannabis use.
weed
Tenants seem to be on the same page – with only 35 per cent of respondents who identify as renters affirming their right to smoke cannabis inside their homes.
Stigma towards cannabis use remains high among homeowners and buyers, despite impending legalization; sixty-four per cent of property owners still believe smoking inside of homes with decrease the property’s value. Fifty-seven percent believe growing cannabis inside a home for personal use would decrease its resale value. Prospective buyers agree, with 52 per cent saying they’d be less likely to purchase a home if they knew marijuana had been cultivated there.
Cannabis retailers are also seen as less-than-desirable neighbors, with only 31 per cent of Canadians comfortable living near one. Fifty per cent of Generation Xers (those born between 1961 and 1981) believe a dispensary in the neighbourhood would devalue their home.
weed
Zoocasa conducted the online survey of more than 1,300 Canadians from Sept. 27 to Oct. 3.
Source: Western Investor- Tanya Commisso October 16, 2018
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Kid-friendly condo features

Condo living: it’s not just for young single people anymore. In big cities like Toronto and Vancouver, many millennial parents are choosing to set down roots in vertical communities, raising their kids in the dynamic environment they love. As a result, developers are starting to pay attention to the priorities of this up-and-coming homebuying demographic. Is city living suited to your family’s lifestyle? Here are six features to look for when hunting for a family-friendly condo.

FAMILY-FRIENDLY FEATURE NO. 1: More bedrooms

As recently as 2011, many condo-dwelling families had to rely on design hacks to carve out “bedroom” space in a smaller unit. That’s because during the 2001-11 period, less than one per cent of condos on the Toronto market had three bedrooms; today, for example, one major developer dedicates, on average, about 10 per cent of its new buildings to three-bedroom units, and roughly 40 per cent to two-bedroom units. Similar changes have been afoot in Canada’s other major condo markets. The City of Vancouver mandated in 2016 that all rezoning projects hit a target of 35 per cent “family units,” defined as units with two or more bedrooms. In Montreal, developers are also reaching out to the urban family demographic, with one Habitat Design Award-nominated project incorporating not just three-bedroom but even four-bedroom units. Family-sized condos are now easier to find, which means it is less likely you’ll have to use bookcases and curtains to fake out an extra bedroom.

FAMILY-FRIENDLY FEATURE NO. 2: Better storage

A tiny hall closet just won’t do when you’ve got strollers, trikes and other gear to stash. If you’ve got a growing family, maximum closet capacity is key. One way developers max out storage space is to design smaller bedrooms; that’s a small sacrifice to make if it makes getting in and out of your unit easier each day.

FAMILY-FRIENDLY FEATURE NO. 3: Indoor play zones

Just as the party room is a grown-up condo mainstay, indoor kids’ rooms are becoming hot tickets in family-oriented condo developments. With activity-friendly flooring, furniture and play stations, these indoor play centres are the perfect spot to hang out during a rainy morning or to meet up when you think your home is too messy for a play date!

FAMILY-FRIENDLY FEATURE NO. 4: Outdoor play areas

Many planned communities include parks and playgrounds in their adjacent outdoor space. Other kid-pleasing features include gardens, fountains, splash pads and pathways where kids can bike, in-line skate and play safe from car traffic. Who says you can’t have your own backyard if you live in a highrise?

FAMILY-FRIENDLY FEATURE NO. 5: Parking

If moving your brood around includes four wheels, you’ll be looking for a parking spot. Parking is a hot commodity, and many big-city condo buildings have significantly fewer parking spots than they do units. Keep in mind that a parking spot isn’t just a one-time purchase; it’s subject to additional monthly maintenance fees. If you’re an occasional driver, check the building’s proximity to a car share location. Avid cyclist? Look for a building with a secure bike room to avoid condo clutter and cut the risk of bike theft outdoors.

FAMILY-FRIENDLY FEATURE NO. 6: Location, location, location

One of the perks of urban living is proximity to work and big-city attractions. There’s something appealing about walking to the museum on a Saturday morning, or picking your kids up at daycare after work and leisurely strolling to a nice restaurant for dinner. Consider walkability and access to public transit when condo shopping. Trimming your commute and streamlining your day makes family life less stressful and way more fun.

Source: HomeOwnership.ca

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Buyers of new condos get twice the space in Waterloo as in Toronto

Cities west of GTA gain ‘notable traction’ in sales in first six months

New condominium buyers deterred by soaring Toronto prices are apparently venturing further afield to Hamilton, Kitchener and Waterloo, which offer more bang for their buck and the promise of new transit links that will improve accessibility.

Sales of new condominiums in these areas gained “notable traction” in the first six months of the year as regional economic activity picked up and Metrolinx moved forward with its $43-billion expansion plans, according to Altus Group, a market intelligence firm.

In Kitchener, sales between January and June rose to 806 units, up 93 per cent from the same period a year earlier, while 262 units were sold in Waterloo, a 51-per-cent jump. Though sales fell more than 20 per cent in Hamilton to 360 units, the city’s condominium market remains one of the most active outside Toronto, suggesting a continued flight to affordability, said Ray Wong, vice-president of data operations at Altus.

 

“The amount of demand in downtown Toronto, especially in the office market, has been well known for the last number of years and with that, demand for housing has steadily ratcheted up,” he said. “As these outlying areas are developed with more infrastructure in terms of restaurants and retail, it’s made them a lot more attractive.”

Those areas offer another powerful draw: the chance to secure a much larger space with a limited budget.

A buyer in Toronto with $500,000 to spend would likely have to settle for a one-bedroom unit of about 521 square feet, said Kruti Desai, manager of national research insights at Altus. But the same budget in Waterloo would secure a two-bedroom unit of 967 square feet.

Those in search of even more space could consider Barrie, Brantford, Cambridge, Guelph, Kitchener and St. Catharines, where $500,000 will buy a two- or three-bedroom unit with more than 1,000 square feet of space, she said.

“Individuals can get more bang for their buck when looking outside the Toronto market,” Desai said, adding that Hamilton, Kitchener and Waterloo are seeing the greatest amount of activity.

Momentum in Kitchener-Waterloo was linked both to affordability and to the economic growth kickstarted by Kitchener’s innovation hub and Waterloo’s Idea Quarter, a growing cluster of startup and technology companies operating in former BlackBerry Ltd. buildings.

Located close to the University of Waterloo campus and a future light-rail station, the Idea Quarter has attracted a range of firms — including OpenText Corp. and Auvik Networks Inc. — that “are now successfully competing for talent against Greater Toronto Area companies, helping stimulate condominium development,” Altus said in its report.

Hamilton, meanwhile, is expected to remain an attractive place to live for professionals working in Toronto, especially those who can take advantage of flexible working arrangements, Altus said.

A spike in new condominium sales in the city during the first three months of the year was credited to Television City Phase I, a 30-storey tower released in May 2017 that has since sold 80 per cent of the units on offer. Phase Two of the project, released in March, had sold 50 per cent of its units by the end of the second quarter.

Source: Financial Post – Naomi Powell August 8, 2018

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