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Escape Room 2 – The NEW Real Estate Owner Tax Game – High Stakes Edition

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20 minute read

By Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr – CEO | Director of CGL Tax

Justin time for Tax Season, we have a new version of our most popular game, but this time you are now trying to convert your Real Estate to tax-Freeland.

No those are not typos.

In 2017, we released Escape Room – The NEW Small Business Tax Game – Family Edition after then Federal Liberal Finance Minister, Bill Morneau, finally released the new version of

the Tax on Split Income (“TOSI”) or the so-called “income sprinkling” rules.

This time, in this game, there are fewer unconditional exits, and the stakes are higher.

So just like I said in December 2017:

“These rules are written like a bad “escape room” game. The way these rules are written, everyone is caught… unless you can escape… and the exits are not clearly marked.”

The talking points in the media have been that the Underused Housing Tax (UHT) Act would only apply to non-resident and foreign owners.

However, what they failed to mention is that many Canadians will be caught by the filing requirement and will have to file or face penalties, even if they won’t owe any tax.

This ain’t your Daddy’s failure to file penalty.

Failing to file a UHT return faces a minimum penalty of $5,000 per individual, per property and  $10,000 if you are a corporation.

This makes the failure to file a T1135 Foreign Property form look like pocket change.

So while you may not have to pay any UHT, you still might have to pay even more if you didn’t know you had to file it already this tax season because:

  • the Underused Housing Tax Act is not part of the Income Tax Act;
  • there are requirements to file even if you don’t owe;
  • it is due on April 30 irrespective of your ordinary income tax filing deadline
  • the filing is entirely separate from any other tax filing; and
  • at the time of this article’s publication, it cannot be e-filed – it must be filled out and sent manually.

The prescribed Form UHT-2900 only came out on January 31, 2023, and applies to 2022.

As a result, you will need to figure out if you must file it by April 30 this year or face a minimum $5,000 penalty, per person, per property, for failure to file.

As this is new legislation with large penalty amounts, some practitioners are unaware if their errors and omissions insurance even includes coverage for these returns. This means you can expect to see extremely high fees for preparing these forms.

Can you think of a better way to navigate the messy rules than by playing a game for you to play this Tax Season?

Escape Room 2 – Rules of the Game

IMPORTANT RULES OF THE GAME: This is not an all-inclusive list. The below information is a high-level summary of the more common areas of concern. You should seek specialist advice on your specific circumstances and how the new rules will apply to you.


1) Were you the legal owner (a person/entity registered on title)jointly or otherwise, of a residential property in Canada as of December 31?

If yes, you are still trapped and get to keep playing.

If not, Congrats! You escaped! You can go back to paying rent or sleeping in your vehicle without having to worry about the UHT.


2) Are you a publicly-traded Trust or Corporation that is incorporated under the laws of Canada or a province and listed on a Canadian Stock Exchange?

If yes, Congrats! You escaped! You may continue working on your Securities filings for your upcoming AGM.

If not, you’re still trapped – keep playing.


3) Are you a Registered Charity, Cooperative Housing Corporation, Municipality, Indigenous Governing Body, Government of Canada, Provincial Government, University, Public College, School Authority or Hospital Authority? 

If yes, Congrats! You escaped! You may continue dealing with your annual audit of financial statements.

If not, you’re still trapped – keep playing.


4) Are you an individually wealthy person that does not like to share with others?

For example, you own one or more multiple residential properties – but every single one of them is only in your personal name. No spouse, no corporation, no trust, no partnerships, no friends, no one!             

If yes, Congrats! You escaped! You may go back to swimming alone in your pool of wealth.

If not, you’re still trapped – keep playing.


5) Is the only reason you are on the land title because you are currently the executor or administrator of someone’s estate? 

If yes, Congrats! You escaped! You may continue to grieve and fill out the mountains of government paperwork while everyone else asks you “where’s my inheritance?”

If not, you’re still trapped – keep playing.


6) Are you an individual Canadian Citizen or Permanent Resident of Canada (under the Immigration and Refugee Protection Act) that does not have a business, farm, or rental property owned with another person that could possibly be viewed as a partnership?

If yes, Congrats! You escaped! You may continue to live in your home, paycheque to paycheque, while your cost of payroll deductions and mortgage interest continue to rise and eat away at it.

If not, you’re still trapped – keep playing.


7) Does your business, farm, or rental property co-owned with another person have a residential dwelling on it? 

For example, is your home on the same land title as your farmland or business?

If yes, Congrats! … haha – fooled you! You’re still trapped, and now you get to play the UHT Escape Room Game – Advanced Edition

If not, Congrats! You just made it out – lucky number 7!


Welcome to UHT Escape Room Game – Advanced Edition

In this Edition, everyone must file or face a minimum $5,000 penalty per person on each property.

For example, husband/wife partnership with three residential properties = 2 x 3 x $5,000 = $30,000 penalty if you don’t file!


8) Are you a Specified Canadian Corporation where at least 90% of the ownership and control (direct and indirect) are held by other Specified Canadian Corporations, Canadian Citizens, or Permanent Residents of Canada?      

If yes, you have to file but you won’t have to pay. Don’t forget to file by April 30 no matter what your fiscal year-end date is!

If not, you’re still trapped – keep playing.


9) Are you a Specified Canadian Partnership where every member of the partnership is either a Specified Canadian Corporation, or would not have to file if we ignored the whole “partner of a partnership” thing?     

If yes, Congrats! You have to file but won’t have to pay.

If not, You’re still trapped – keep playing.


10) Are you a Specified Canadian Trust where every beneficiary of the trust is either a Specified Canadian Corporation, or would have escaped from filing if they were the owner themselves?

If yes, Congrats! You have to file but won’t have to pay.

If not, You’re still trapped – keep playing.


11) In this filing year or last year, were you an owner of a property when another co-owner that owned 25% or more died?        

If yes, Congrats! It’s sure a good thing they died! You have to file but won’t have to pay

If not, you’re still trapped – keep playing.


12) Did you die this year or last year (or are you the executor for someone that did and you were not on the land title before they died)

If yes, then UHT definitely puts the FUN in FUNeral! You have to file, but won’t have to pay – don’t forget to play again next year!

If not, you’re still trapped (but alive) – keep playing.


13) Did you buy the property this year and never owned or had your name on it before in the past decade?  

If yes, Congrats on becoming a home-owner, on your first… or second… or third… or… well it doesn’t matter how many homes you have, just as long as you bought it this year. You have to file but don’t have to pay – play again next year!

If not, you’re still trapped – keep playing.


14) Was the property still under construction before April Fools’ Day of the filing year?          

If yes, Congrats – this isn’t an April Fools’ prank. You have to file, but don’t have to pay!

If not, You’re still trapped – keep playing.


15) Was the property finished before April Fools’ Day of the filing year, offered up for sale to the public, but never sold or occupied by an individual as a place of residence or lodging during the year?  

If yes, Congrats! Isn’t it fun making mortgage payments on a home no one wants? You have to file but don’t have to pay.

If not, you’re still trapped – keep playing.


16) Was the property unable to be lived in for at least 120 consecutive days because of renovations undertaken that occurred in a timely fashion?  

If yes, Congrats! As long as you haven’t used this escape door in the last decade, you can now use it. You have to file but don’t have to pay – otherwise, it’s still locked and you keep playing.

If not, you’re still trapped – keep playing.


17) Was the property unable to be lived in for at least 60 consecutive days in the year because of disaster or hazardous conditions caused by circumstances outside the reasonable control of an owner?             

If yes, Congrats! As long as you haven’t used this escape door more than once before for the same disaster or hazardous condition on the property you have to file, but not pay – otherwise, you’re still trapped.

If not, you’re still trapped – keep playing.


18)  Is the property unable to be accessed year-round because there is no maintained public access during the off-season? 

If yes, Congrats! You have to file but don’t have to pay.

If not, you’re still trapped – keep playing.


19) Is the property unsuitable for year-round use as a place of residence?        

If yes, Congrats! Keep following that boiled water advisory and burning everything around you to stay warm. The government is providing you with more blessings: you have to file but don’t have to pay.

If not, you’re still trapped – keep playing.


20) Is the property being used for at least a month consecutively and more than 180 days in the year by you, your spouse or common-law partner, child, or parent who is a Canadian citizen or permanent resident? 

If yes, Congrats! You have to file but don’t have to pay – wasn’t this fun? – Be sure to play again next year!

If not, you’re still trapped – keep playing.


21) Is the property the primary residence for you, your spouse or common-law partner, or for your child attending a designated learning institution? 

If yes, Congrats! You might have to file an election and your spouse must agree. If you need to convince them, tell them that marriage counselling will be cheaper than the failure to file penalty. That should get them to agree to anything. You have to file but don’t have to pay.

If not, you’re still trapped – keep playing.


22) Is the property a vacation property that is used by you or your spouse or common-law partner for at least 28 days in the year and is located in an “eligible area of Canada” (basically rural enough area where they might get dirty trying to find you)

If yes, Congrats on being able to take 4-weeks of vacation every year – you have to file, but won’t have to pay.

If not, you’re still trapped – and likely still at work – keep playing.


23) Speaking of work – is the property being used by you or your spouse or common-law partner for at least a month consecutively and more than 180 days in the year just while you are working in Canada, and the property relates to that purpose?        

If yes, Congrats! You have to file but won’t have to pay.

If not, you’re still trapped – have you considered renting it out?


24) Is the property being rented under a written agreement for at least a month consecutively and more than 180 days in the year to someone paying at least 5% of the property value per year as rent?     

If yes, Congrats! You have to file but won’t have to pay.

If not, you’re still trapped – keep playing – and raise that rent! We wouldn’t want anyone to have affordable housing.


25) Is the property being rented under a written agreement for at least a month consecutively and more than 180 days in the year to an unrelated person?    

If yes, Congrats! But why are you charging them less than fair-value rent? What kind of slum lord are you? Stop making things affordable! You have to file but won’t have to pay.

If not, you are still trapped and now move on to the UHT Escape Room Game – High Stakes Edition


Welcome to UHT Escape Room Game – High Stakes Edition

In this edition of the UHT Escape Room Game, everyone must ante up and Pay to Play!


26) Is the Fair Market Value of the property lower than both the Property Tax Assessed Value and the most recent purchase price of the property?

If yes, you must have a formal appraisal done effective as of a date in the filing year or before the filing deadline. Then you only have to pay 1% of this value multiplied by your percentage of ownership as your UHT.

If not, either get that appraisal done or be happy that your property has increased in value. In the meantime keep playing.


27) Is the Property Tax Assessed Value more than the most recent purchase price?

If yes, Congrats! Not only has your property tax gone up, but so has your UHT – you owe 1% of this value multiplied by your percentage of ownership.

If no, Congrats on your property being worth less than you paid for it – keep playing.


28) Congrats on making it to the end. If you’ve come this far, it means:

  • You own property in Canada;
  • You are not a Canadian Citizen or Permanent Resident;
  • You are alive, or you’ve been dead for more than two years;
  • You don’t rent out the property under a written agreement …or if you do, it is to a relative, and it is way too affordable;
  • If it is a vacation property, you don’t use it for 4-weeks of vacation likely because you don’t get 4-weeks of vacation;
  • You don’t use the property for more than 30 days consecutively, nor more than 180 days in the year for a work-related purpose;
  • You didn’t bother getting a formal appraisal done;
  • You paid more than the current Property Tax Assessed value for the property; and
  • You wonder why they didn’t just say all this in the first place

Congrats – you get to pay 1% of the purchase price when you last acquired the property multiplied by your percentage of ownership.

Do you feel like you won?

Now… as for next year…

… I want to play a game…

CEO | Director CGL Tax Professional Corporation With the Income Tax Act always by his side on his smart-phone, Cory has taken tax-nerd to a whole other level. His background in strategic planning, tax-efficient corporate reorganizations, business management, and financial planning bring a well-rounded approach to assist private corporations and their owners increase their wealth through the strategies that work best for them. An entrepreneur himself, Cory started CGL with the idea that he wanted to help clients adapt to the ever-changing tax and economic environment and increase their wealth through optimizing the use of tax legislation coupled with strategic business planning and financial analysis. His relaxed blue-collar approach in a traditionally white-collar industry can raise a few eyebrows, but in his own words: “People don’t pay me for my looks. My modeling career ended at birth.” More info: https://CGLtax.ca/Litzenberger-Cory.html

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International

UN attacks stay-at-home motherhood as ‘gender inequality’

Published on

From LifeSiteNews

By Matt Lamb 

“Care work remains undervalued and underpaid. The monetary value of women’s unpaid care work globally is at least $10.8 trillion annually, three times the size of the world’s tech industry”

Stay-at-home moms, and mothers in general, are victims of “gender inequality” and “gender-based violence” because of their dedication to their children, a far-left United Nations commission claimed.

The 68th session of the UN Commission on the Status of Women reportedly focused heavily on “unpaid care work,” according to journalist Kimberly Ells, writing at Mercator.

“I spent a week listening to an endless parade of events focused almost exclusively on ending poverty by eliminating ‘unpaid care work,’” Ells wrote.

“What is ‘unpaid care work,’ you might ask? It is work done in the home without specific monetary payment. Most people would call that kind of work simply being alive,” she wrote. “It could also be called running your own castle.”

The United Nations’ 2023 Agenda for Sustainable Development Goals lists “unpaid care work” as something that needs to be addressed.

“But the forces that converged at the United Nations this spring called it an atrocity,” she said. “To be an ‘unpaid care worker’—especially if you’re a woman—was seen as an affront to human decency,” she said. “And because on average women worldwide do more labour in the home than men, people in UN circles call this ‘gender inequality,’ ‘gender injustice,’ and even ‘gender-based violence.’”

Ells reported that the commission members wanted taxpayer-funded daycare, an idea she pointed out has Marxist roots.

While Karl Marx is most famous for being an opponent of capitalism, he was supportive of getting women working and out of the home, as was Friedrich Engels, who continued his advocacy after Marx’s death.

“In The Family, Private Property and State, Engels reiterated Marx’s argument that women could only achieve equality when ‘both possess legally complete equality of rights,’” International Socialism previously wrote.

“‘Then it will be plain that the first condition for the liberation of the wife is to bring the whole female sex back into public industry and that this in turn demands the abolition of the monogamous family as the economic unit of society,’” an article at the communist website stated, quoting Engels.

A 2019 United Nation’s Children’s Fund news release has demanded “universal childcare,” stating, “Universal access to affordable, quality childcare from the end of parental leave until a child’s entry into the first grade of school, including before- and after-care for young children and pre-primary programs [should be provided].”

The United Nations’ entities regularly push the idea that women are victims of “unpaid care work,” backing up Ells’ reporting for Mercator.

“On average, women spend around three times more time on unpaid care and domestic work than men,” a March 7 story at UN News stated. “The gendered disparities in unpaid care work are a profound driver of inequality, restricting women’s and girls’ time and opportunities for education, decent paid work, public life, rest and leisure.”

A November 2023 report suggested “climate change” is linked to this problem.

“The gender gap in power and leadership positions remains entrenched, and, at the current rate of progress, the next generation of women will still spend on average 2.3 more hours per day on unpaid care and domestic work than men,” a September 2023 UN report warned.

Women don’t want to be out of the household full-time

However, while the UN sees women at home taking care of their children and domestic duties as a problem – and daycare as a solution – moms do not.

“Only 32% of mothers prefer full-time work,” the Institute for Family Studies wrote in 2020, summarizing other polls.

Massive government subsidies for family leave and daycare do not appear to change the numbers, according to IFS’ report.

In Ireland, for example, 61% of mothers said they prefer part-time work, while another 12% said they prefer to not work at all.

Only 23% said they want to work full-time. Yet Ireland offers 45 hours per week of subsidized childcare.

Children being raised by a stay-at-home mom has also been linked to better school performance and fewer emotional problems.

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Brownstone Institute

A Coup Without Firing a Shot

Published on

From the Brownstone Institute

BY Jeffrey A. TuckerJEFFREY A. TUCKER  

We all have a different starting place and journey but each of us has the following in common. We’ve realized that official sources, the ones we’ve trusted in the past, are not going to make any sense of the above for us. We have to seek out alternatives and put the story together ourselves. And this we must do because the only other choice is to accept that all of the above consists of a random series of disconnected and pointless events, which is surely not true.

The last few years can be tracked at two levels: the physical reality around us and the realm of the intellectual, mental, and psychological.

The first level has presented a chaotic narrative of the previously unthinkable. A killer virus that turned out to be what many people said it was in February 2020: a bad flu with a known demographic risk best treated with known therapeutics. But that template and the ensuing campaign of fear and emergency rule gave rise to astonishing changes in our lives.

Social functioning was wholly upended as schools, businesses, churches, and travel were ended by force. The entire population of the world was told to mask up, despite vast evidence that doing so achieved nothing in terms of stopping a respiratory virus.

That was followed by a breathtaking propaganda campaign for a shot that failed to live up to its promise. The cure for the disease itself caused tremendous damage to health including death, a subject about which everyone cared intensely before the shot and then strangely forgot about after.

Protests against the goings-on were met with media smears, shutdowns, and even the cancellation of bank accounts. However, and simultaneously, other forms of protest were encouraged, insofar as they were motivated by a more proper political agenda against structural injustices in the old system of law and order. That was a strange confluence of events, to say the least.

In the midst of this, which was wild enough, came new forms of surveillance, censorship, corporate consolidation, an explosion of government spending and power, rampant and global inflation, and hot wars from long-running border conflicts in two crucial regions.

The old Declarations of rules on the Internet put free speech as a first principle. Today, the hosting website of the most famous one, signed by Amnesty International and the ACLU, is gone, almost as if it never existed. In 2022, it came to be replaced by a White House Declaration on the Future of the Internet, that extols stakeholder control as the central principle.

All the while, once-trusted sources of information – media, academia, think tanks – have steadfastly refused to report and respond in truthful ways, leading to a further loss of public trust not just in government and politics but also in everything else, including corporate tech and all the higher order sectors of the culture.

Also part of this has been a political crisis in many nations, including the use of sketchy election strategies justified by epidemiologic emergency: the only safe way to vote (said the CDC) is absentee via the mails. Here we find one of many overlapping parallels to a scenario hardly ever imagined: infectious disease deployed as a cover for political manipulation.

Crucially and ominously, all of these mind-blowing developments took place in roughly similar ways the world over, and with the same language and model. Everywhere people were told “We are all in this together,” and that social distancing, masking, and vaxxing was the correct way out. Media was also censored everywhere, while anti-lockdown protestors (or even those who simply wanted to worship together in peace) were treated not as dissidents to be tolerated but irresponsible spreaders of disease.

Can we really pretend that all of this is normal, much less justified? The exhortation we receive daily is that we can and must.

Really? At what point did you realize that you had to start thinking for yourself?

We all have a different starting place and journey but each of us has the following in common. We’ve realized that official sources, the ones we’ve trusted in the past, are not going to make any sense of the above for us. We have to seek out alternatives and put the story together ourselves. And this we must do because the only other choice is to accept that all of the above consists of a random series of disconnected and pointless events, which is surely not true.

That leads to the second layer of comprehension; the intellectual, mental, and psychological. Here is where we find the real drama and incalculable difficulties.

At the dawn of lockdowns, what appeared to be a primitive public health error seemed to be taking place. It seemed like some scientists at the top, who gained an implausible amount of influence over government policy, had forgotten about natural immunity and were under the impression that it was good for health to stay home, be personally isolated, avoid exercise, and eat only takeout food. Surely such preposterous advice would be revealed soon as the nonsense it was.

How in the world could they be so stupid? How did they gain so much influence, not just nationally but all over the world? Did the whole of humanity suddenly forget about all known science in every field from virology to economics to psychology?

As time went on, more and more anomalies appeared that made that judgment seem naïve. As it turns out, what was actually taking place had something to do with a move on the part of security and intelligence services. It was they who were given rule-making authority on March 13, 2020, and that’s why so much of what we needed to know was and is considered classified.

There were early initial reports that the virus itself might have been leaked from a US-backed lab in Wuhan, which introduces the entire subject of the US bioweapons program. This is a very deep rabbit hole itself, thoroughly exposed in Robert F. Kennedy, Jr.’s The Wuhan Cover-Up. There was a reason that topic was censored: it was all true. And as it turns out, the vaccine itself was able to bypass the normal approval process by slipping through under the cover of emergency. In effect, it came pre-approved by the military.

As the evidence continues to roll in, more and more rabbit holes appear, thousands of them. Each has a name: Pharma, CCP, WHO, Big Tech, Big Media, CBDCs, WEF, Deep State, Great Reset, Censorship, FTX, CISA, EVs, Climate Change, DEI, BlackRock, and many more besides. Each of these subject areas has threads or thousands of them, each connecting to more and to each other. At this point, it is simply not possible for a single person to follow it all.

To those of us who have been steeped in following the revelations day by day, and trying to keep up with putting them together into a coherent model of what happened to us, and what is still going on, the ominous reality is that the traditional understanding of rights, liberties, law, business, media, and science were dramatically overthrown in the course of just a few months and years.

Nothing operates today as it did in 2019. It’s not just that functioning broke. It was broken and then replaced. And the surreptitious coup d’état with no shots fired is still ongoing, even if that is not the headline.

Of this fact, many of us today are certain. But how common is this knowledge? Is it a vague intuition held by many members of the public or is it known in more detail? There are no reliable polls. We are left to guess. If any of us in 2019 believed we had our finger on the pulse of the national mood or public opinion generally, we certainly do not anymore.

Nor do we have access to the inner workings of government at the highest levels, much less the conversations going on among the winners of our age, the well-connected ruling elites who seemed to have gamed the entire system for their own benefit.

It’s so much easier to regard the whole thing as a giant confusion or accident on grounds that only cranks and crazies believe in conspiracy theories. The trouble with that outlook is that it posits something even more implausible; that something this gigantic, far-reaching, and dramatic could have happened with no real intentionality or purpose or that it all fell together as a huge accident.

Brownstone Institute has published more than 2,000 articles and 10 books exploring all over the above topics. Other venues and friends are out there helping us with this research and discovery, issue by issue. Even so, a great deal of responsibility falls on this one institution, the main work of which is providing support for dissident and displaced voices, which is implausible since it was only founded three years ago. We are deeply grateful for our supporters and would welcome you to join them.

As for the intellectuals we once revered for their curiosity and wisdom, most seem to have gone into hiding, either unable to adapt to the new realities or just unwilling to risk their careers by exploring hard topics. It’s understandable but still tragic. Most are happy to pretend like nothing happened or celebrate the change as nothing but progress. As for journalists, the New York Times publishes daily commentaries dismissing the Constitution as a dated anachronism that has to go and no one thinks much about it.

There is a lot to sort out. So much has changed so quickly. No sooner than the dust seems to be settling from one upheaval, there is another and then another. Keeping up with it all causes a level of psychological brain scramble on a scale we’ve never previously experienced.

It’s easier to wait for the historians to tell the next generation what happened. But maybe, just maybe, by stepping up and telling the story as we see it in real time, we can make a difference in stopping this madness and restoring some sane and normal freedom back to the world.

Author

  • Jeffrey A. Tucker

    Jeffrey Tucker is Founder, Author, and President at Brownstone Institute. He is also Senior Economics Columnist for Epoch Times, author of 10 books, including Life After Lockdown, and many thousands of articles in the scholarly and popular press. He speaks widely on topics of economics, technology, social philosophy, and culture.

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