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Setting up to buy property in Alberta

matthewrlee

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May 9, 2013
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Situation:

I have an Ontario corporation "Realco" which I have used to purchase two properties (solely in Ontario, total value of about $750k). Can I use this same corporation to purchase real estate in Alberta?



When I asked George Dube this question, this was his response:

From a tax perspective, yes, we can handle multiple provinces within the same corporation. Although we typically see, provided there is enough real estate to justify it, a separate corporation for each relevant province. I'd also ask you to check with your lawyer as if you're going to use the same corporation, because as I understand it, you would need to be registered to do business in the applicable provinces, and the fees can be $750 to $1000 depending on the province. But again, please check with your lawyer as well.


Questions:

1) What would be the threshold before I should consider opening a new corporation (as per George's comments)? What is the recommended approach in order to have benefit/flexibility, but without excessive fees/overhead?

2) Would this new corporation be an Ontario corporation that holds Alberta real estate, or would this be an Alberta-registered corporation?

3) Can my Ontario parent holding company "Parentco" (which owns "Realco") also own this new Alberta corporation?

4) Can my existing Ontario-based lawyer (Shayle Rothman) handle opening up Alberta corporations and the purchase of Alberta-based property? Or do I need an Alberta lawyer (e.g. Barry McGuire / Ritchie Mill Law Office) for this?





Related:

The properties that I'm looking at buying are 15-20 suite apartments in Edmonton. If purchased with a JV, would you recommend opening a new corporation whose sole purpose is to own this property? (and then just issue Class A voting and Class B non-voting shares, as per Thomas' previous posts).



I'm trying to understand the pro/cons of different ownership structures. Is there a good post on myREINspace that describes this?
 

Thomas Beyer

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For any JV of size you ought to have a NewCo.
Yes, you need an Alberta lawyer to buy Alberta property.
No, you do not need an Alberta based company to buy an Alberta piece of real estate.

In your case I suggest the corporation is AB based since the asset value will be north of $1.5M and you need a corporation anyway to get a mortgage. This corporation could be owned by Ontario HoldCo or you or your spouse or your kids or your trust or whatever you deem proper for your life's goals. Separate legal from beneficial ownership.

Keep in mind costs to open and annual accounting & tax filing costs.

Also keep in mind that usually any beneficial owner has to sign a personal guarantee, so therefore HoldCo co-owned with wife may not be the best shareholder of NewCo.

Corporations can be opened online or via a corporate lawyer.

Related (educational) posts: http://myreinspace.com/public_forums/Real_Estate_Discussion/62-10689-Educational_REIN_Posts_by_Thomas_Beyer.html especially the first 4 subjects.

Happy JVing !

http://myreinspace.com/public_forum...92-54272-To_create_a_company_or_not.html#5427

5 ways to make money http://myreinspace.com/public_forums/General_Discussion/61-3347-5_ways_to_make_money.html

How to get started http://myreinspace.com/public_forums/General_Discussion/61-4391-How_to_get_started_.html

50/50 JV ` is this fair ? http://myreinspace.com/public_forums/Real_Estate_Discussion/62-2015-5050__is_this_fair_.html

Pro`s and Con`s of creating a company for real estate holding: http://myreinspace.com/public_forums/Real_Estate_Discussion/62-10292-54272-To_create_a_company_or_not.html#54272
 
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