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Sole proprietorships, joint ownership, and legal partnerships all allow you to claim income directly from your investment property just as you would claim the income from a term deposit or similar investment Although partnerships must file a tax return, they don t pay taxes; that s your job, as a partner Because the government treats your personal income and income from your real estate investments (if they re revenue properties) the same way when you hold property through sole proprietorships, joint ownership, and partnerships, you re able to lower your taxable income by claiming business expenses such as utilities and bookkeeping fees related to management of the property (we provide a detailed discussion of deductions and business expenses in 15)
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Ownership of properties through a corporation may open up various tax advantages not available if you hold the properties directly Among the benefits corporations enjoy is a rate of taxation that s often lower than that a proprietorship faces, up to a certain level of income Because the corporation operating your properties files its own taxes, you can claim only the income flowing to you as a shareholder in the business The businessrelated expenses of the corporation are unavailable for the shareholders to claim
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Managing Risks and Liabilities
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Ownership brings with it responsibilities, and responsibilities mean liabilities You may not get sued the moment you become a property owner, or at all, but the chance exists An ownership structure that limits the risk to you and your estate helps protect you if any portion of your portfolio takes a hit
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5: Looking Before You Leap: Ownership and Legal Considerations
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Personal liability, plainly stated, is the potential for someone to make a claim against you rather than your business Written agreements can help protect you from claims, but your choice of ownership structure is also important A handful of strategies can further reduce your personal exposure to claims that could easily consume your savings
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Corporations may be vilified by many for their cold, impersonal style, but they can help protect you from the slings and arrows tossed about in an increasingly litigious environment Most other ownership structures expose partners to some form of personal liability A corporation, as a separate legal entity controlled by but independent of its individual shareholders, acts on its own legal behalf and bears responsibility for its actions Taking advantage of the protection that personal liability corporations offer is easy For example, always sign business documents as an authorized signatory of the corporation of which you re a part A clear statement that you are acting as a representative of the corporation rather than in your own personal capacity will help ensure the corporation and not you bears the brunt of any claims Similarly, if you make loans to your corporation, become a secured creditor The corporation is independent from you, unlike in a sole proprietorship, so you can lend money to it like any creditor and receive security This protects your interests should claims come forward that push the company into bankruptcy A corporation s directors typically bear some liability Be aware that if you serve as a director of your corporation, you may take on the liability you re trying to avoid Provincial and federal legislation lay out areas where directors are liable, including the following: Corporate tax Sales taxes Provincial employment standards legislation Builder s liens To protect your interests as a director, consider not owning personal assets of consequence such as a car or real estate You may wish to transfer these assets to your spouse to limit what claimants can seek from you (Hey, why not make your better half not only better but richer ) Worried about a marital split The courts typically break down the family assets 50/50 ensuring you
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