Advice on buying Canada Real Estate Property

You have found an Canada property you wish to purchase what next?

Buying Property in Canada - Costs of Purchasing Canada Property

Canada Property Buyer's Guide explains the legal fees, legal procedures, purchase taxes and mortgage procedure.

Regulations on real estate purchase vary throughout Canada, so it is important to find out about them when you are researching an area.

In British Columbia, New Brunswick, Newfoundland, Nova Scotia, Ontario and Quebec, for example, there are no restrictions on foreign ownership, provided you spend less than six months per year in Canada. However, in Banff, which is located within a national park, only businesses and employees of the park can own property, and even they can do so only through renewable 42-year leaseholds.

Each province has a different limit on the amount and kind of land that can be owned.

Unless buying a new property from a real estate developer, potential purchasers are required to register with an estate agent in Canada (realtor).

The purchase process in Canada is different from that in the UK and the practice of gazumping unknown.

As the majority of Canadian realtors cooperate in multiple listings, one realtor can usually access information on all available properties in an area.

Once you have chosen a property, you should appoint an independent realtor (or buyer's agent) to represent your interests. In the majority of real estate transactions, the seller pays both the realtors involved. Your agent will draft an Offer to Purchase, which will then be submitted with a deposit, which is refundable should the sale fall through. Once the offer is signed by both vendor and purchaser and any conditions (for example, mortgage approval) are met, the sale can proceed.

Canada Real Estate Costs:

A Goods and Services Tax (GST) of 7 per cent and a Provincial Sales Tax (PST) of up to 10 per cent are usually included in the asking price of new homes. Alberta is the only province that does not levy PST.

In New Brunswick, Newfoundland and Labrador and Nova Scotia, GST is combined with an 8 per cent provincial retail sales tax to form Harmonised Sales Tax (HST) of 15 per cent.

Subject to certain conditions, GST and HST can be reduced or avoided (see Taxation section).

Buying costs vary between provinces, but purchasers should allow up to £2,000 for legal fees, a survey and insurance. Purchase tax of between 0.5 per cent and 2 per cent of the price is also payable.

Real Estate Taxation:

Both the federal and provincial governments impose income taxes, which together make up more than 40 per cent of total tax revenue. Taxes are progressive, the wealthy paying a higher percentage of their income than the less well off.

Canada has no Inheritance Tax as such. Inheritance is treated as the disposal of an asset and is therefore subject to Capital Gains Tax, currently 25 per cent.

A number of other federal, provincial and local taxes are payable by individuals, including sales taxes (see Costs section of Buying a Property) and property taxes. Residential properties are subject to annual local taxes of between 0.5 per cent and 2 per cent of their value.

Taxation of non-residents

Non-residents pay federal and provincial income tax on Canadian-sourced income. As the UK has a comprehensive double taxation treaty with Canada, taxes paid in Canada may reduce UK liability.

GST and HST are charged on new homes purchased for private use. However, in some circumstances - for example, if the owner of a resort property commits it to a rental pool and uses it for 10 per cent of the year or less - a home is classified as commercial property and not subject to tax.

Rental income is taxed at 25 per cent, but expenses can be offset against tax.

A non-resident selling a property in Canada must pay Capital Gains Tax of 25 per cent, levied on a percentage of the profit.

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These guidelines are meant for guidance only and describe a straightforward purchase scenario. However this information is not meant to replace proper legal advice, which we always insist you take.

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