FOREIGN BUYER WITH CANADIAN WIFE. TOTALLY CONFUSED

NoBoundaries

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Jun 28, 2018
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#1
Hi all.
I am a foreign national, I met my Canadian wife abroad and we are moving to Vancouver. We have worked very hard over the past few years. I am looking to buy a simple nice condo. I run a good successful business abroad.

However, with all these crazy tax laws on foreigners, its very discouraging and I find very confusing that foreigners are punished for increasing economic prosperty by investing liquid into the economy, which increases everyone's wealth at a people level. I dont mind paying foreign specualtion tax even though I dont agree nor find the logic behind it

MY QUESTION IS being my wife is Canadian what are the best options for me?

1. It is better for my wife to be the title holder and I pay, but this puts me at risk of loosing everything and my hard work if there is a dispute in the future, I am powerless.

2. Is there any way I can be the co signer or be on the deed to protect myself. Just because i am on the deed do we have to pay an extra 20 percent because I am a foreigner?

3. As a foreigner I have to pay 50 percent down or full which i dont mind, but I find the speculation tax disheartening and unfair. We are almost not going to move back because of it.

Misc: yes, its probable I will be Canadian in the future if we move years down the road. But because of the speculation tax, we are actually thinking of not moving!
Prices are actually not bad there compared to major cities around the world. Ive travelled the world extensively. I dont see what all the fuss is about. I run a successful mobile gaming app company.

Thank you everyone for your time and i appreciate any prelim advice. Offcourse speaking to a RE lawyer is a good idea but I think i can find good answers here first.

Kindest regards and thank you
 
Last edited:

Tina Myrvang

Client Care Specialist
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Nov 15, 2010
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#2
Seek independent legal advice so you know all the risk for yourself and for any future taxes. If you want the right answers and not speculation, I would seek a lawyer.

Have a great day.
 

ThomasBeyer

Senior Forum Member
REIN Member
#3
Yes the wife should own the asset to avoid these taxes.

You can ( or perhaps should) have a separate contract with her where the financial aspects are outlined.

Alternatively you could register a second mortgage on property with some detail to ensure you get paid if there is a sale you don’t agreed to.

Under Canadian law the spouse has to agree to a sale of your personal residence, and you usually split assets 50/50 (absent any agreements) if there is a divorce.

Get a lawyer involved to write up such an agreement if $s are sizeable.
 

Colin Forrest

Investing with Integrity
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Aug 27, 2012
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#4
Sorry but I'm a bit confused with your intention to move back to Canada. You first stated that you are moving back to Canada but then implied that you are "thinking of not moving" back to Canada because of the speculation tax. I know from experience that repatriating back to one's home country (in this case your wife's) is a very big decision and one that isn't taken lightly. I went from a 15% tax regime in Hong Kong to a 50% one when I arrived in Canada and personally paying higher taxes hardly mattered. What mattered to us was the clean air and quality of life. The speculation tax, as you know is intended for those that simply want to buy up much-needed inventory with no intention of ever using it. If you and your wife feel certain that you will move back to Canada one day, want to take advantage of our relatively cheap real estate, know where you want to move back to, and finally want to avoid paying the tax, then you can always find the property you want to live in eventually and rent it out for at least six (6) months a year. Be the investor and not the speculator. Get legal advise as mentioned above on how you structure the purchase.