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BC real estate: Building owner loses appeal on foreign buyer’s tax

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The owner of a Burnaby lowrise apartment building has lost a bid to get out of a $6-million foreign buyer’s tax bill.

The four-storey apartment building at 5978 Wilson Ave. in Burnaby’s Metrotown area was acquired by a numbered company (1164708 B.C. Ltd.) on Aug. 22, 2018 for $30 million, according to a B.C. Supreme Court ruling Tuesday.

The company paid $1,418,000 in transfer taxes but not the additional foreign buyer’s tax, which applies to purchasers of residential property if the buyer is a “foreign entity” or “taxable trustee.”

In December 2020, the Ministry of Finance assessed the company for an additional $6 million because it was “controlled” by a foreign corporation.

The company objected to the assessment, but the ministry decided after a review that its assessments had been properly made at the time of the purchase.

The company then launched an appeal in B.C. Supreme Court.

In a ruling, Justice Steven Wilson peeled back the layers of ownership involved in the 5978 Wilson Ave. property.

The numbered company that launched the appeal (1164708 B.C. Ltd.) holds the property in trust for another numbered company (1162509 B.C. Ltd.), both of which are B.C. corporations, according to the ruling.

The company that owns those two companies, Global Dingye Capital Ltd., is also a B.C. corporation.

But the owner of Global Dingye Capital Ltd. was Nanjing Dingye Investment Real Estate Group Co. Ltd., a company incorporated under the laws of the People’s Republic of China.

That company, meanwhile, was controlled by majority shareholder Mailin Chen, a permanent resident of Canada.

The numbered company saddled with the $6-million tax bill argued it shouldn’t be considered a “foreign corporation” simply because Nanjing was incorporated in China.

It argued a proper interpretation of the Income Tax Act is that “there can only be one person or entity that exercises ultimate control” – and that entity wasn’t Nanjing but Chen, a permanent resident.

“Because Mr. Chen controls the majority of the shares in Nanjing, which controls Global, which in turn controls (1164708 B.C. Ltd.), no additional (property transfer tax) should be payable,” said Wilson, summarizing the company’s argument.

But Wilson disagreed.

He noted the term “controlled” is defined in the provincial legislation as controlled, directly or indirectly “in any manner whatever.”

“I am satisfied that a plain reading of both the definition of ‘controlled’ under (the Property Transfer Tax Act) … and of the Income Tax Act would lead to the inescapable conclusion that Nanjing was a foreign corporation and that Global and the petitioner are therefore also foreign corporations,” Wilson said.

He dismissed the company’s petition.

Assessment

As of July 1, 2022, 5978 Wilson Ave. was worth $23,224,000, according to the latest BC Assessment numbers.

The land (0.6 acres) was valued at $23,127,000, while the four-storey, 38-unit building, built in 1967, was valued at $97,000.

 

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‘The Bidding War’ taps into Toronto’s real estate anxiety

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‘The Bidding War’ is a play skewering Toronto’s real estate market via a story about a one-day bidding war over the city’s last affordable home. The cast and crew say it exposes how the housing crisis brings out “the worst in people.” (Nov. 12, 2024)

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

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