June 18, 2009
Poor Planning can Cost You and Your Family Dearly
PETER REDMAN / NATIONAL POST- VACATION PROPERTY
Assuming our political leaders won’t drag us into a snap election, many Canadians can look forward to leisurely weeks and weekends at their cottages for the rest of the summer.
You have to plan ahead when it comes to passing on the family cottage to your children.
But there are major tax and estate planning issues associated with cottages: the legacy of many earlier decisions by other politicians.
The CIBC has issued a report on strategies to deal with the issues surrounding what it calls the four Cs of summer: the cabin, condo, chalet or cottage.
Jamie Golombek, CIBC’s managing director of tax and estate planning, says the most important tax consideration is the tax-efficient transfer of property between generations. “Poor planning can have costly results and — in extreme cases — may force the sale of a property that has been in the family for generations.”
It’s best to plan things out with a professional advisor before these issues come to a head. To fail to do so is to invite potentially large capital gains tax headaches if vacation properties are gifted or sold to family members, or inherited should the owner pass away.
“If you sell or gift the property while you are alive, you will generally be taxed on the difference between the amount you receive and the adjusted cost base (ACB) or tax cost of the property,” Golombek says. He advises keeping all receipts for improvements because these expenditures can be added to the ACB of the property and reduce the capital gains on disposition.
If property is gifted to a spouse or common-law partner during your lifetime or on death, the property is deemed to be transferred to the other spouse or partner at its ACB and no gain will be immediately reportable.
Parents can give the vacation property to their kids while alive or on their death, but this results in an immediate capital gain if the property has appreciated in value.
The principal residence exemption can shelter gains on your main residence from capital gains tax. However, a principal residence can include a vacation property, even if it’s not where you primarily live as long as you “ordinarily inhabit” it at some point in the year.
Filed under General, Nice to Know, Owner Builder Financing, Uncategorized by Larry Clark

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