Part II Rollover in Canada (Capital Gains for "active'

Sent: Friday, November 18, 2005 11:43 AM
To: taxman at centa.com
Subject: Re: Rollover in Canada (Capital Gains for "active'
BUSINESS -ask international non-resident income tax expert
preparation & immigration consultant david ingram, experts on
rentals mutual funds RRSP RESP IRA 401(K) & divorce CKBD 600AM 9
AM Sunday on
Sorry,  just to clarify ...
My original property was always a rental and I want to buy
another one to continue renting.
So does this constitute replacement of one business property by
another property for active business use?  Or does "business use"
mean something specific and that doesn't include renting?
  1.. If your answer is,  "... it doesn't include renting...",
what would be the distinction between this situation and some
company like Public Storage which rents out small spaces in a big
facility for people to store things?
  2.. If I get another rental property closer to home (two
properties) then would it be considered a business, and then
could I roll over the first one to one that is closer to home?
Thanks,
P xxxxxxx
  -----------------------------------------------
david ingram replies:
1.   As stated below  Rental properties (month to month or annual
rentals of residential or commercial space) in Canada do NOT
qualify for a rollover.  A motel or hotel is not a rental
property but an active business.  A rooming house board and
lodging is an active business and a rental business with 5 full
time employees who are NOT related to the owners is an active
business. Your question about the storage facility is an
interesting one.  It likely has 5 full time employees and would
qualify but it is a question mark.
2.    You could have fifty rental houses.  If they were rented by
the month, any individual unit would NOT qualify for a rollover.
If a property management firm managed 300 rentals, the rentals
themselves would not qualify for a rollover but if they owned the
building they used for their office and they needed a bigger
building for their office, the office building itself would
qualify for a roll over.
=
On 11/11/05, taxman at centa.com <taxman at centa.com> wrote:
  Name: P xxxxxxx
  the_email:
  My question is: Canadian-specific
  QUESTION: Hello,
  I have owned and rented a property for about 15 years. I was
working out of
  the country the first ten years.
  I bought my own primary residence 5 years ago when I came back.
  Now,  renting to others is fine by me,  but I'd like to buy a
property
  closer to home so that I can stop by more often.
  If I sell the first rental, is there something like a "section
1031
  exchange" in Canada where I can rollover or defer the capital
gains until I
  sell the new property?
  Thank-you
  ---------------------------------------------------------------
------------
  david ingram replies:
  Canada does have a rollover provision similar to a US 1031
exchange.
  However, it only applies to real estate that has been
expropriated by a
  government (for a road or library or bridge, etc) o r
replacement of one
  business property by another property for active business use
as opposed to
  the US which will allow the exchange or a rental house for a
rental house or
  even a breeding bull for another breeding bull.
  So a person with a service (gas) station can sell his or her
existing gas
  station and buy another one across the street or down the road
or even in
  another city and roll the profit from the first one to the next
one.
  However, if the same person owned and operated a station and
then rented it
  to a stranger for three or four years and then decides to go
back into the
  business and sells that original building to the new operator
and buys a new
  station, the capital gains can NOT be rolled over because
rental capital
  gains can NOT be rolled over unless expropriated as above.
  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, I, david ingram
am a regular
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called "ITS
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  Those outside of the Lower Mainland will be able to listen on
the internet
  at
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can be
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conducts one
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office
  Time:    7:00 to 9:30 PM
  Date:    Every Thursday evening
  Place    1764 West Seventh
              Vancouver (corner of Burrard)
  Phone (604) 731-8900 to register
  No cost - no obligation
  Topics always cover mortgage interest as a deduction
  other topics - getting the mortgage, estate planning, critical
care
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bonds, and
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from Manulife
  Bank
  If you are starting in downtown Vancouver and do not want to go
home first,
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building and
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mortgage
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  David Ingram's US/Canada Services
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immigration
  consultant david ingram, experts on rentals mutual funds  RRSP
RESP IRA
  401(K) & divorce CKBD 600AM 9 AM Sunday on Fred Snyder's IT's
YOUR MONEY
--
Bye for now
Patricia
"Be who you are and say what you feel, because those who mind
don't matter and those who matter don't mind."
                                         -- Dr. Suess
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