Real Estate Lawyer – Gilman & Partners LLP. Residential Lawyers https://gilmanpartnersllp.com Law Tue, 24 Sep 2021 21:19:52 +0000 en-CA hourly 1 https://wordpress.org/?v=5.0.3 Buying a Home in Ontario ? Average & Hidden Costs https://gilmanpartnersllp.com/buying-a-home-in-toronto-average-hidden-costs/ Wed, 28 Aug 2021 13:30:59 +0000 https://gilmanpartnersllp.com/?p=9720

You know that excitement you get when you’re closing on a big deal? Now imagine all that getting crumbled by finding out there were more terms or charges. This is what most new homeowners go through when they’re handed papers to sign on closing day. The actual cost of buying a house goes beyond the stated purchase price. The good thing is, if you familiarize yourself with the extra costs that come with your new home, you won’t be caught unawares. You’ll even have some leverage to negotiate with your realtor, lender or broker to get some waiver or discount on some fee.

Let’s have a look at all the costs to expect when purchasing a new home.

HOME INSPECTION FEE

Average Cost: $200 – $600

One of the most overlooked fee by most buyers. Their intention? To save on the overall cost.

Getting a home inspected is one of the things you should do once you set your eyes on it even before making any offers. No matter how perfect it looks, a trained professional can point out structural flaws and end up saving you thousands of dollars.

The cost of hiring a certified home inspector is minimal compared to the damage you may end up suffering later if you decide to ignore the inspection. Keep in mind that the fee varies as per the size of the home being inspected.

APPRAISAL

Average Cost: $250 – $350

This is a fee charged by the lender to determine the home’s lending value as it may not be the same as the purchase value. It’s for mortgage purposes.

MORTGAGE INSURANCE

Average Cost: 0.6% to 4.5% of the mortgage

If you make a down payment of between 5% (Canada’s minimum down payment) to 19.99%, you will have to take mandatory mortgage insurance. This is issued by insurers such as CMHC and Genworth Canada. It’s meant to protect the lender if you’re no longer able to make your mortgage payments, or you default the issued mortgage.

In these high-ratio mortgages, the lender pays the insurance premium and adds it to your mortgage.

LAND SURVEY

Average Cost: $1,000 – $2,000

A land survey outlines in detail the properties boundaries. This may be required by most lenders when applying for a mortgage to avoid any mix-up with the immediate properties later on.

REAL ESTATE LAWYER FEE /LEGAL FEE

Average Cost: $600 – $2000

Having a real estate lawyer by your side comes in handy as they verify all the paperwork involved in the home purchase process for all legal technicalities. The real estate lawyer also drafts your mortgage contracts and checks the property’s history to ensure that there are no claims or mortgages on it.

Here are a few things that your real estate lawyer fee includes:

  • Title searches to check whether there are any liabilities associated with the property
  • Drafts of all the legal documents involved in the home purchase
  • Couriers
  • Calculation of land transfer and property taxes
  • Execution certificates
  • File storage
  • Postage of documents
  • Verification of cheques

Some real estate lawyers offer you a fixed rate fee on all their services to cut on your spending.

LAND TRANSFER TAX

Average Cost: 0.5% to 2.5% of property value

A land transfer tax (LTT) is a fee that you pay to the provincial government after purchasing a home or property. The LTT is usually a percentage of the property value. in Ontario , the LTT varies, as shown in the table below:

Property Value (In $) Land Transfer Tax(percentage of property value)
Up to 55,000 0.5
More than 55,000 to 2500,00 1
More than 250,000 to 400,000 1.5
More than 400,000 2
More than 2,000,000 (one or two single residences in the same property) 2.5

 

TITLE INSURANCE

Average Cost: $300

Although it’s not a requirement to obtain title insurance, it is the best way to protect your investment against any liabilities that may arise regarding the property. This is called ownership title insurance. It protects you from:

  • Title defects
  • Undisclosed heirs
  • Fraudsters
  • Survey errors and omissions

Your lender will most certainly require you to take title insurance that protects them against any losses associated with that property. This is called lenders title insurance.

Title insurance is essential, especially the homeowner title insurance, and you should acquire one for peace of mind.

MOVING COSTS

Moving costs vary depending on the distance from your previous residence to your new home. It also varies depending on whether you’ll move by yourself or use a moving company. If you decide to move by yourself, factor all the things you’ll require to move successfully and efficiently. Choose the best option (moving company or do it yourself) depending on convenience, preference, and costs.

HOME INSURANCE

Average Costs: $1000 – $2000 per year

Finally! You have a home. But accidents happen and you need to ensure that everything is insured to stay on the safer side. To do so, you ought to take home insurance.

Home insurance is vital and necessary. It protects your home and all the assets in it in case of any damages. No matter how safe your neighbourhood or home is, unexpected things can transpire.

The cost varies depending on the size of your property and its overall value.

HOME MAINTENANCE COSTS

Home maintenance cost varies depending on the repairs and renovations that you may require to make after moving into your new home. When you least expect it, one of the systems may malfunction, or your roof might start leaking.

These expenses also include the acquisition of repair and maintenance equipment (if you don’t have any) to keep your home in good condition. For example, a lawnmower, ladder, and other power tools and hand tools are necessary for home upkeep.

CHOOSE THE BEST REAL ESTATE LAWYER in Ontario

The processes and decisions of acquiring a home are many, and they determine your future in it. Having the right real estate lawyer by your side to review and handle all your documents and transactions prevents any surprises about the property or other costs you didn’t anticipate.

Gilman & Partners LLP offers you experienced real estate lawyers to protect your legal rights regarding the home you acquire and all the transactions you perform. Gilman & Partners LLP has been providing real estate services for over a decade and has closed over 10,000 real estate transactions. With this experience and thousands of satisfied clients (both buyers and sellers), we can help you carry out real estate transactions without being blindsided.

Contact us at now to receive a complimentary consultation and a free quote on any real estate transaction.

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Fractional Ownership in Real Estate https://gilmanpartnersllp.com/fractional-ownership-real-estate/ https://gilmanpartnersllp.com/fractional-ownership-real-estate/#respond Wed, 26 Dec 2018 18:54:06 +0000 https://gilmanpartnersllp.com/?p=9433

What is Fractional Ownership?

Fractional ownership is a way of buying real estate which includes many buyers. It involves buying, selling or purchasing a part of property with other buyers. Each and every buyer will have an equal access of the property. It is a best option for those people who like purchasing vacation homes. It deals with that issue where people spend only 2 or 3 months in property and don’t want to pay the mortgage for the entire whole year.

Fractional ownership provides a better way to buy vacation homes. All buyers involved in this deal can divide the months in a year equally by paying only their part of staying in the home. You can also sell your share or you can gift your shares to others, if you want to end fractional ownership of a property.

Fractional ownership industry was developed in United States in early 90s. It addresses the real issue where people were hesitant to buy homes where they could only spend some part of the year. In other countries a fractional ownership is existed in a non commercial form in which several unfamiliar and unconnected people are connected to form a fractional ownership of vacation homes.

According to a Ragatz Associates, a research company, in 2006 there were more than 250 fractional ownerships in North America.

Fractional ownership is very affordable because it divides property into several affordable segments. Some management companies have organized a very good schedule and a usage allocation schemes which makes fractional ownership more flexible. In commercial fractional ownership schemes, the main relation is between the owner and the property developer where as in usage allocation schemes the agreement is in between the multiple buyers.

Real Estate

Management Responsibility

These vacation homes are managed by several companies and they took the responsibility of managing those homes on the buyer’s behalf. These companies will arrange the time schedule according to their owner’s schedule which makes it more attractive and suitable for the buyers.

Difference between Time Shares & Fractional ownership

Many people confuse fractional ownership with Timeshares but Fractional ownership is quite different from Time shares because in Time share you are not able to visit as much as you can in Fractional ownership. With Time shares you can only visit once or twice a year but in Fractional ownership you have complete access to the property according to your demand and in total you will get 14 or more weeks in a whole year.

From investment point of view fractional ownership is better investment as compare to Time Shares. In fractional ownership property prices usually increases over time which helps you in getting loan, where as with Time Shares property value depreciates over time which makes it difficult to obtain mortgage on this type of property. In Time shares, buyer will have to pay more interest and that’s why Time share is considered as more expensive as compare to Fractional ownership.

The best thing that attracts people to go for Fractional ownership is its property and bedroom units. In Fractional ownership, you will have big homes with 3 to 5 bedrooms. Fractional ownership can also be used for smaller properties.

Benefits of Fractional Ownership

Fractional ownership in real estate has many benefits. Some of them are discussed below.

Management Responsibility

Fractional ownership has proved itself to be a best option for various buyers and companies. It gives the best solution to have an ownership of a property without getting worried about the property management and other expenses.

Lower Costs

In fractional ownership, buyer will pay only a part of the cost of the whole property. All renovating, maintenance, furnishing and other expense will be shared. It gives a good option to the buyers who don’t want to take a responsibility and don’t want to put an effort to furnish the property.

Bigger Properties

Fractional ownership provides a huge benefit by giving you an opportunity to purchase expensive properties even if you have not enough resources to purchase it. In case of other ownership you might buy a relatively small house bearing all management responsibilities, but you would not have a good house with good features that you can find in fractional ownership. It provides you better properties because when several other buyers are putting their money together it will enable them to purchase bigger and better properties.

Arranged Vacation Homes

Fractional ownership provides you a vacation home or a resort that will be available to you on your desired schedule. As all the management responsibilities will be on the management company, that’s why you will get a well prepared and organized home without spend anything. There are several companies who took all the responsibility to manage vacation homes for you by putting an extra effort for example arranging beds and lawns before your arrival date. Fractional ownership provides you a home to organize your vacations without paying anything for the house that can only be used in 2 to 3 months in a year.

Draw backs of Fractional Ownership

Fractional owner ship has some drawbacks that may be a major concern for many people. These are discussed below.

Management Fees

The major drawback in fractional ownership is its management fees. In fractional ownership all buyers are required to pay a management fee on a regular basis which is collected by them to pay expenses, repair & maintenance costs, utility bills and other property expenses.

Sharing with Unknown People

Sharing the property with other people who will be completely unknown is the also a main drawback of fractional ownership. Although it’s not that bad to share ownership with other people but the sharing a same property may cause some future issues. For example if any owner of the property cause damage to the property then the cost will be shared by all owners and this will further increase the maintenance fee. In a sole ownership there is no such issues as you are a sole owner of the property that’s why you don’t have to pay someone else expense.

Conclusion

Fractional ownership is a best option and a solution for various reasons; it provides you an opportunity to own a vacation house or a resort without getting worried about the expenditures and maintenance charges. All management of property, paying utility bills and other expenses are a complete responsibility of a management company. Like other real estate options it also has some drawbacks but unlike Time shares you don’t have to be worried in obtaining mortgage which means that your interest cost will be less as compared to ownership in Time shares. Fractional ownership in a real estate is a best investment and a better option.

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Window Tinting Laws in Ontario https://gilmanpartnersllp.com/window-tinting-laws-in-ontario/ https://gilmanpartnersllp.com/window-tinting-laws-in-ontario/#respond Wed, 06 Jun 2018 10:09:48 +0000 https://gilmanpartnersllp.com/?p=7567

Ontario window hue regulation overview

Ontario laws don’t explicitly determine whether anterior window hue is legitimate or not. As per Ontario Highway and Safety Act, as stated below, an individual may not be allowed to drive any vehicle, for instance, any window to the immediate left-hand side or right-hand side of the driver’s seat significantly blocks the inside of the engine vehicle when seen from outside the engine vehicle.

It is firmly recommended that an individual should not install window hue on either the windshield or the front windows since any rate could, in fact, result in a fine. It’s for the individual cop to decide if the window tint “generously” blocks vision in an individual’s vehicle.

New Ontario car investigation controls express those vehicles fabricated after January first, 2017 might not have any post-retail window tint connected to the windshield. Original Equipment Manufacturer and or production made vehicles may have seventy percent Very Large Telescope array (thirty percent opacity/light square), and tinting might not broaden more than seventy-five millimeters from the primary of the windshield. If you want buy real estate in near future, ask our real estate lawyer.

Ontario law doesn’t confine tinting and murkiness on an individual’s posterior windows and back window. Ontario ’s movement law additionally requires any vehicle to have both left and right outer back view mirrors in the event that back window is tinted (section 74.2).

Types of window tinting laws in Ontario

  • Reflective tint: This is not permitted.
  • Side mirrors: This is required if raise window is hued.
  • Medical exceptions: There is none
  • Certificate necessities: None.
  • Tint sticker necessities: None.

Medical exceptions

Window tint medicinal exclusions enable an individual to introduce window hue which is a bit darker than ordinarily allowed by state regulations and laws. Qualification for therapeutic exclusions and hue film murkiness rely upon each state. A few states don’t allow darker window hue notwithstanding for medicinal reasons.

The Ontario traffic laws insist on window tinting because of the following main benefits from tinting

From all vehicle adornments that are accessible for purchase, window hues might be the most widely recognized one. A noteworthy number of vehicles proprietors choose to tint the windows of their vehicles and it is ending up progressively prevalent in the current years.

Builds your protection

As a matter of fact, the most well-known reasons is protection and privacy. Tinted windows forestall (to a specific degree) individuals from outside the vehicle and different drivers from seeing what are inside the vehicle. It’s really an awesome method to influence potential criminals to mull over their actions. Leaving an uncovered mobile phone or a workstation at an individual’s rearward seat is regularly simply welcoming thieves to steal it. By tinting, the vehicle windows an individual feels somewhat more secure realizing that any assets left within the vehicle are secure and protected.

Reduces warm within the vehicle

The tinting makes the vehicle cooler inside. In the warm summer seasons, it reduces warm created by straight rays which benefits within the temperature of the vehicle. So one has to keep in mind the legal tint percentage and laws permitted by their state. For same tinting effect you can order service called “detailing”, just car wash with polishing and ceramic or wax coating, after this operations your car shine like a mirror. Here a list of good detailers what i know: Autodetailingpro mobile auto detailing in Ontario Detailingproshop car detailing in Ontario Gleamworks Ceramic Coating in VancouverLuxus car detailing in Ottawa. If this serice very expensive for you offer your neighbor kids start car wash business and wash you car for less money.

Reduces ultraviolet rays from the vehicle

A quality tint can reduce to 99% of destructive bright ultra-rays from the sun and keep the skin secured while driving. Driving direct ultra-direct rays from the sun expose an individual to sunburns so an individual has to ensure to keep the shades on and utilize window tint for securing different parts of the body. It’s particularly vital on the off chance that an individual experiences the ill effects of any sort of sun hypersensitivities or skin conditions. Contingent upon the state one resides in there might be medical exclusions relying upon the condition so one may have the capacity to apply a defensive tint.

Shields glass from breaking

In the event of an accident, the tint can likewise shield the windows from breaking in pieces all over an individual and the vehicle itself. The film, for the most part, holds the little bits of the glass together after the window shatters into pieces. It’s not something individuals, as a rule, consider ahead of time but rather an individual never knows. Broken and shattered glasses can get into the eyes or tare up the skin so it is certainly to be considered.

Every Canadian region has its own particular tenets and regulations, and abusing vehicle hardware laws gets an individual referred

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How do you calculate property taxes in Ontario https://gilmanpartnersllp.com/calculate-property-taxes-toronto/ https://gilmanpartnersllp.com/calculate-property-taxes-toronto/#respond Thu, 10 May 2018 09:33:16 +0000 https://gilmanpartnersllp.com/?p=197

Ontario’s tax code is based upon three levies: a city levy, an education levy, and a transit expansion levy. Calculations for each levy is based upon the dwelling: residential resident levies are calculated separately from multi-residential, industrial and commercial properties.

The Ontario City Council

The Ontario City Council approved a phased in assessment increase. This tax change was based on the change from the tax rate that residents currently pay, and the property’s new value, which has been assessed to be higher. The Council approved a phased in increase of the tax rate over a period of four years. The Council determined that a gradual increase was preferred over an immediate, one time increase of taxes based on the new assessed value of property. The assessed value is added onto the current city, education and transit expansion levies. Also you can ask our tax lawyers in Ontario .

MPAC & CVA

Residential properties are assessed by MPAC, an independent not-for-profit that works for the province of Ontario . The assessment is based on the CVA, or Current Value Adjustment, which compares sales figures of residential properties in Ontario against the current tax rate. Most of the CVA rate (85%) is based on these factors: the age of the residential property (adjusted for renovations made), the property’s size, its location and the quality of the property’s construction materials.
The local tax authority provides assessment information to MPAC, which then computes the assessment values. An example of how the assessment (added in over a four-year period) is factored into tax rates (determined by local authorities is as follows: the assessed value is calculated to be $524,833.00, the 2016 tax rate is 0.6879731%. The assessed value is multiplied by the residential tax value.

549,586 X 0.6879731 = $3,781.00

MPAC estimates that, assuming property values stay the same, the assessment of property will increase by $7,500 annually. During the four-year period from 2012 to 2016, property values increased by $30,000.00.
Allthe land in Ontario is assigned a property classification for taxation purposes. The classification for each residential area is listed in the Assessment Roll that is provided by MPAC to local tax authorities. There are seven designated property classes. Residential and commercial are two classes of property. A YouTube video titled “How MPAC Assesses Property”, is available to further explain the seven different classifications.

MPAC sends to residents and updated property value statement by mail. Properties are valued on the first day of January each year. Also, contained in the property Assess Notice is a comparison of each resident’s home value adjustments (changes in the home and property’s value), for the period of 2012 through 2016. The assessment rate is based each of the four years on the new assessed value of the property. If you want minimize your taxes ask our real estate lawyer in Ontario .

The City of Ontario has issued tax rates for 2016 for each of the seven property classes. For residents, the tax rate is 0.6879731%. The rate factors in the city, education, and transit improvement levies mentioned above. For multi-residential dwellings, the rate is 1.6401427%. For commercial property, the rate is 2.2398602%. Homeowners, apartment dwellers and commercial businesses can compare these to 2015 rates. For residents, the rates in 2015, a year earlier, was 0.7230085%.

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How much are typical closing costs on a mortgage https://gilmanpartnersllp.com/what-are-typical-closing-costs-on-a-mortgage/ https://gilmanpartnersllp.com/what-are-typical-closing-costs-on-a-mortgage/#respond Mon, 07 May 2018 11:51:14 +0000 https://gilmanpartnersllp.com/?p=7589

Are closing costs that simple, lets have a look at what are typical closing costs on a mortgage.

Congratulations!, you have decided to own your own piece of the American dream. Land ownership brings with it the realization of freedom as you now invest in your future. A place to call your own, not a small feat, whether it’s a fixer upper or the newly developed apartment it’s soon to be yours. But be wary – there is still the small matter of closing the deal. Being a successful home-owner means that you have researched all the steps involved in buying a property therefore you are confident that this part of the transaction is about to change your life and that of your family’s and is about to be the least stressful part – signing the closing documents.

The below is set out in terms of what you should look out for and what items you can negotiate, we suggest that you highlight the negotiate section, as it would be in your best interest to negotiate these fees ahead of time, so that you get the best possible account, without any nasty surprises;

Usual items (You will not be able to negotiate):

Appraisal:

The lender will always look to secure its interest and mitigate its risk therefore at your cost it will usually appoint an appraisal company (for their benefit not yours) to ensure that you are not overpaying with their money, the appraisal company will then confirm whether the asking prices is in line with what was paid for the home.

Prepaid Interest:

This is the interest that accrues which lenders request payment for, it is the period that lapsed between closing and your first mortgage payment.

Property Tax:

It is to be paid at closing, we are born free yet tax to death, this is so true and this tax is calculated on 60 days, so ensure that you have prepared accordingly, as you cannot negotiate tax payments.

Recording Fees:

Typically, the fee paid for recording the title in your name at the land records, who charge this fee, non-negotiable.

Title Search or Exam Fee:

More fees paid for a title company ensuring a proper search of the property’s records. This ensures your new home does not have any unforeseen issues and that the property may be transferred without complications its in the best interests of all parties concerned.

Transfer Taxes:

Non-negotiable tax for like the other taxes it needs to be paid when title passes hands from seller into the name of the buyer.

Some of the more negotiable items listed below are:

Insurance (Normal Types):

Insurance should be negotiable, speak to a reputable broker whom you trust to help you sort out all the types of insurance involved with purchasing a property. It may seem like a small premium in the beginning, however a number of policies add up. As well as looking at what current policies you do have, remember to ensure that you have not double insured yourself!

Types of insurance to expect:

You will need to insure your premises before you even move in, normally through a third party insurer, the main type that you will take out it is referred to as life cover which will cater for things like flooding, which is necessary if it is determined that your new dream home is situated in a flood area, the good news is that most insurance is paid  separately, however for your peace of mind ensure that you had shopped around properly and don’t find yourself underinsured or not insured at all, as this will affect your mortgage and the deal. It is in your best interest to make a down payment of more than 20 per cent so that you avoid having to pay this insurance private mortgage insurance. If not, chances are you will have to take out this insurance and usually at closing your will deposit the first months payment together with 1.75 percent of your base loan if you have an FHA loan.

You need to take note of these insurances and the best tip would be to consult your insurance broker for the exact policies you would need to have in place and exactly what you would need to pay, your lender would also have a financial calculator online to assist with all these costs calculations, especially expected amounts of repayment on the mortgage and closing costs. If you are going to be part of a Homeowners’ association scheme then you will need cover for possible damage to your home and your first years insurance is typically paid at the time of closing, so make provision for this premium try and negotiate the lowest amount to your advantage. There is also protection for the lender in the form of it mitigating its risk but asking you to foot the bill, the lender holds a valid lien and to secure that your are in fact the owner of the home in the case of a dispute along those lines, the lender insures itself for title insurance as well, similar to owners’ title insurance which is optional and has the same risk structure in the unlikely event of some other person challenging your right to the property that you just bought.

Application Fee:

Lenders charge administrative fees once they receive your application, to process it. Therefore ask you lender to negotiate this fee if they charge a fee at all – as some lenders don’t.

Attorney Fee:

An attorney will be appointed to peruse and ensure the documents are correct at closing, the attorney will charge for his service and you will bear the account thereof. May not be a requirement in all states however make sure you ask for necessity of this fee, or to have this fee reduced. Our affordable real estate lawyer can help you reduce your fees & taxes.

Home Owners Association Transfer Fees:

A seller who pays for the transfer will ensure all dues are paid current. This would include documents such as the associations financial statements and minutes possibly also notices. As a buyer satisfy yourself and mitigate the risk of the Association possibly not having enough money in reserve to avoid special assessments in future. This is where as a buyer you must check to determine if any items are of concern, such as legal action against the association etc. Usually included will be rules, regulations, by-laws etc.

A successful home-owner plans to succeed as a home-owner and therefore knows that the first step in home-ownership, is planning to afford the home he/she intends buying. A common mistake is assuming that most time will be spent choosing the ideal place to call home, however one should not fail to plan the financial aspect – having enough money to pay for the home in the long-run.

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How to immigrate to Canada from USA https://gilmanpartnersllp.com/how-to-immigrate-to-canada-from-usa/ https://gilmanpartnersllp.com/how-to-immigrate-to-canada-from-usa/#respond Mon, 07 May 2018 10:43:35 +0000 https://gilmanpartnersllp.com/?p=7571

Recent political uncertainties have resulted in a surge in the number of people who are now seriously considering emigrating further north, from the United States. Yet as the vocal media personalities and other figures go on about emigrating to Canada, one of the critical yet ignored points of consideration is that while it is comparatively easier to migrate into Canada, there are tough immigration laws and requirements that have to be met by interested applicants. Canada strengthened its immigration laws back in the summer of 2012, which makes it a tad more difficult to immigrate into Canada from the United States. Nonetheless, those wishing to immigrate into Canada can still be able to do so, as long as they fulfil several requirements. Below are a few areas of consideration that are worth a minute or two before embarking on the arduous process to emigrate.

Why immigrate to Canada?

Canada is regarded as one of the best countries in the world to migrate to. This is because it boasts immense employment opportunities, as well as opportunities for personal growth. It has become somewhat of the ideal destination for those who are in pursuit of a better quality of life, and more money. Canada has a rich economy, and its government is dedicated to ensuring that it is among the top ten viable economies of the world. In fact, it was voted as one of the best places in the word to live, by the United Nations.

Besides, the Canadian immigration rules are not as rigorous when juxtaposed to other countries in the world. Furthermore, Canada has not reduced its immigration quota, despite the global recession that shook the planet, making it one of the biggest immigration support hubs for all, and also one of the easier places to qualify. It offers a range of various visa and immigration programs to various categories of people who are qualified under the Immigration programs, such as business categories, employment categories, and others. This makes Canada one of the most appealing and attractive places to migrate to. In Canada one of the best real estate law in the world with affordable home programs.

How much money do you have?

Proof of funds is one of the requirements that immigrants; particularly skilled immigrants, need to fulfill in order to gain entry into Canada. Unless an immigrant is currently authorized to do business in the country, is in possession of a valid job offer from a Canadian employer, or has been invited under the Canadian Express Class, the individual needs to show that he has sufficient funds to support himself, and his family upon entry into Canada.

Borrowing this money is out of the question in Canada. The immigrant must be able to use these finances to cater for the costs of living, and those of the family, whether or not these finances are being generated from the immigrant or from elsewhere. The amount of money that a person needs to support their family is set depending on the size of the family, and these amounts are reviewed every year.

For instance, a family consisting of only one individual required $12,164 in Canadian dollars. This figure rises to $15,143 for a family of two, and $18,617 for a family of three. Four family members require $22,603, while five require $25,636. Six family members require $32,191, while the last bracket of seven or more requires $32,191. You will need to prove that you have access to this money when you submit your application for review.

What do you need to immigrate to Canada?

There are three classes considered for permanent status in Canada. The first class is the independent or skilled worker class. This class requires a General application to live and work in Canada, and is supported by the applicant’s skills, education, and work experience. The second class is the family class, and entails a sponsorship of an applicant by a Canadian family. The third class is the business class, and this is for those individuals with businesses or managerial experience. Canada is dedicated to attracting skilled professionals to fill the skill deficits in the country, which makes it easier for trained profession to qualify as compared to no professionals.

Individuals in the independent or skilled workers class are assessed based on their education and experience, age, English and French language abilities, possession of adequate settlement funds upon relocation to Canada, or a job offer in Canada, as well as their criminal recorded, medical history, and previous applications. Under the business class, three categories are considered; investors, self-employed, and entrepreneurs. Investors are attracted to Canada under the Immigrant Investor Program, which is designed to attract experienced businessmen and capital. To be eligible for permanent residence, the investor must be able to demonstrate his business experience. Additionally, he should have a minimum net worth of 800,000 CAD.

Entrepreneurs are also attracted under the Entrepreneur program which also seeks to attract experienced businessmen. To be eligible for permanent residence, the entrepreneur must be able to demonstrate business experience, and have a minimum net worth of 300,000 CAD. Self-employed people must be able to demonstrate an intention and ability to create their own employment upon entry, and to make meaningful contributions to the athletic, artistic, or cultural life of Canada. Alternatively, they need to show that they can create their own employment by making a purchase of a farm, and subsequently managing it.

What qualifications do you need to immigrate to Canada?

Canada immigration visas are issued to federal and Ontario skilled workers, persons who have studied in, and worked in Canada, provincial nominees, and business persons who fall under the Canada economic immigration policies. Canada also offers permanent resident visas to close family members of Canadian citizens, as well as qualified asylum seekers and other categories of people on humanitarian and compassionate grounds.

To determine whether an individual qualifies for immigration to Canada, it is recommended that they complete and submit an online assessment of their eligibility for immigration. This is offered at no charge, and can be taken as either a skilled work applicant, a business applicant, or a family class applicant at the link: https://www.canadavisa.com/assess/Canada-immigration-assessment-form.htm.

What are the requirements to immigrate to Canada?

Interested applicants are invited to fill eligibility forms, be in possession of requisite funds necessary for proof pf funds, and research the various processing times for the various immigration programs offered by Canada. As from January 2015, applicants for permanent residence have been required to first create an Express Entry Profile in order to be invited to apply for permanent residence under the Federal Skilled Trade, Federal Skilled Worker, and Canadian Experience Class programs. Also you can ask for help immigration lawyer in Ontario , lawyer can save a lot of time in immigration process.

What skills do you need to immigrate to Canada?

Work skills are particularly pertinent for applications as a skilled immigrant. Skilled employees are asked to check for their eligibility by visiting the immigration website. Some of the questions asked include nationality, work experience, details on any job offer, education, language ability, and family members. Based on their responses, they will be informed what programs they are eligible for, for the sake of accuracy. If the applicant is eligible for express entry, they are offered a detailed lists of instructions on what they are to do next. In essence, any skilled applicant is free to check for eligibility and apply, regardless of his field or expertise.

What documents do you need to immigrate to Canada?

A full list of the requisite documentation is provided under the document checklist link at www.cic.gc.ca/english/pdf/kits.citizen/CIT0014E-2.pdf. These include an application for a citizenship certificate that must be completed, signed, and dated, use of representative form, completed, signed, and checked, two citizenship photos, a statutory declaration- request for a change in sex designation, completed, signed, and dated, support for a change if sex designation on an IRCC document, and others that are listed on the link above. A complete tutorial on how to make a complete application can be found on this link: www.cic.gc.ca/english/department/media/multimedia/video/complete-application/complete-application.asp.

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Who is a First Time Home Buyer https://gilmanpartnersllp.com/first-time-home-buyer-land-transfer-tax-refund-purposes/ https://gilmanpartnersllp.com/first-time-home-buyer-land-transfer-tax-refund-purposes/#respond Tue, 10 Apr 2018 09:32:52 +0000 https://gilmanpartnersllp.com/?p=195

Only first time home buyers qualify for land transfer tax refund. The question now is who can be officially regarded as a first time home buyer. The question seems straightforward enough but I assure the answer isn’t.

What is Land Transfer Tax

All transfers of land in Ontario are guided by The Provincial Land Transfer Tax. There is an extra Municipal Land transfer tax on all lands transferred in Ontario . Generally, a charge for Land transfer tax is paid whenever there is a transfer of land ownership, irrespective of if the transfer was registered at one of Ontario ’s land registry office. Land in this case refers to all buildings to be constructed, building and fixtures within the building. The cost of the land is usually the main determining factor that determines the amount payable as tax. Other factors include any debt or mortgage brought into negotiation for the land transfer. Click here for further details on Land Transfer tax as well as how it can be calculated.

Who Qualifies for a Frist Time Home Buyers Credit?

Some instances warrant that a buyer may be refunded part or all of the tax paid. Criteria includes: The deal was agreed on or after 13th December 2007 and it applies to all homes, resale or newly constructed. The agreement of sale and purchase was concluded before December 14, 2007, only homes newly constructed can apply for the refund. Submission of applications for refund must be done within 18 months after the purchase was done. Our real estate lawyer can help you in any case.

To claim a refund, the requirements are as follows:

The buyer must not have owned a home or stakes in any home in anywhere in the world prior to this particular home for which he/she is requesting tax refund. The spouse of the buyer must not have acquired any home in any part of the world while being the spouse of the buyer. Anything short of this means both spouses are ineligible. The buyer must be at least 18 years of age.
Every document involved in the application for refund must be submitted within 18 months after the deal was concluded. (Note that an application for the refund can be completed upon the electronic registration of the conveyance).
The buyer must move into said home, not later than 9 months after purchasing the home/land. The buyer must have never received any land transfer tax refund based on Ontario Home Ownership Savings Plan (OHOSP). The home must be newly constructed if the agreement of purchase and sale is entered into before December 14, 2007. First time home buyers and resale homes qualify for funds of the provincial and Ontario Land Transfer Taxes.

Am I a First Time Home Buyer?

Do I qualify for the First Time Home Buyers Refund?
I have come across certain clients who end up surprised to find out they are not eligible for the first Time home Buyers Land Transfer Tax refund. Below are some of the more common questions I usually receive:

1. This is my first time of buying a house and based on the directives of the bank, I am asked to use my parents’ names and they are not first time buyers.

If this is similar to your case, you will have to pay the tax as at when registering and at a later date, you can request for a refund from the ministry.
If the parent did not attain a beneficial interest in the property because of the conveyance:
The ministry will come to terms with the fact that the parent was only used as a trusty for the child and as such, the child becomes eligible for the refund the moment document to prove evidence of the trust is submitted (for example, the bank can issue a signed document stating that the parent’s name was used for the purpose of mortgage documentation and processing).
Another scenario is where a child who is a first time buyer and a parent who is not, decide to put resources together and buy a house with equal stake. The child may claim a refund of 50%, which is accruable to him while the parent who is not a first time buyer may not receive any form of refund.

2. I didn’t buy a building, rather I inherited one from an estate. When I eventually buy mine, will I be eligible for tax refund?

Technically speaking, when you eventually buy your home, it wouldn’t be your first home. Tax refunds are given to only people who have never owned any home in part or full in any part of the world. How you manage to acquire your first home is of little importance. What is considered is the fact that you already have a house.

3. My spouse purchased a home before we became spouses. I am about to buy a home, will I be eligible for this refund?

Your eligibility for a first time home buyers refund will be based on if you can be legally termed as spouses based on the definition of spouses in section 29 of the Family Law Act.
For land transfer tax purposes, “spouse” refers to one who is married to another person or in cases where such person isn’t married, he/she must have lived with another continuously for at least 3 years.
If your relationship isn’t covered by the definition above, then you can claim a refund on the basis of interest acquired in the home.
However, If you are legally considered as “spouses”, and said home was purchased while both of you are involved with each other, then you do not qualify for any refund as a first time home owner.
If a man gets married and sells of his home a day after getting married, For example if a husband owned a property prior to getting married, and sold it the day after he got married, his wife has automatically gained stake in the property and as such is not eligible for any future refund as a first time buyer. This situation doesn’t change even if the home is the name of the husband alone. (See Number 4 if the property was sold prior to becoming spouses).

4. My spouse once owned a property which was sold before we became spouses. I have never owned a property and would like to know if I am eligible for this tax refund.

In this case, you are eligible for a refund even though your spouse is not a first time home buyer; you are. You are entitled to a full refund on tax as long as your spouse sold his/her property before becoming your spouse.
Note that there is a legal definition of spouse and only people who are married or have cohabited for a period of at least 3 years are regarded as spouse in this case. If you have not cohabited for up to 3 years and are not married, you must have lived together continuously for a reasonable period and must have either a biological child or an adopted child.

5. I recently moved to Canada from another country and before coming here, I sold off my home in that country. If I am to purchase a home here, would I be eligible for this tax refund?

The answer is simple. To become eligible, you must have never held any stake in any home in any part of the world. Simply put, you are not eligible.

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