Chapter 19 Taxes On Real Property Flashcards

1
Q

Determines the real property tax rate for general tax purposes in organized territories of BC

A

Local municipal council

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2
Q

Affects the real property taxation in BC

A

School act

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3
Q

What are the taxes for real property?

A

GST, PTT, Property Tax, foreign buyer’s tax, vacancy tax

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4
Q

GST is designed to apply to every transaction that is not specifically exempted from tax

A

Excise Tax Act

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5
Q

Required to collect gst as an agent to the government

A

Sellers

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6
Q

Where can the buyer claim gst back

A

Input tax credit

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7
Q

What are the exemptions to pay gst upfront?

A

Commercial real property where gst is registered by closing

Non resident seller

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8
Q

Two types of recovery mechanisms for gst

A

Input tax credit

Rebates

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9
Q

New housing rebates

A

House bought less than 450,000

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10
Q

Dispute resolution process to CRA of gst

A
You have 90 days
Appeals division
Tax court of canada
Federal court of appeal
Supreme court of canada
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11
Q

Commercial - buyer has to report gst

A

Residential - seller collects gst

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12
Q

No GST exemptions for residential housing

A

Exemption for sales by a person who’s not a builder (holds interest in real property while being constructed)

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13
Q

Self supply rule

A

Builder moved into the home before sale

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14
Q

Buyer: to include gst, if applicable

A

Seller: purchase price does not include gst, if applicable

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15
Q

PTT

A

Transfer of interest of real property

The amount of tax is based on the fair market value at the date of registration, subject to any application exemptuons.

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16
Q

PTT CALCULATIONS

A

1% - 200,000
2% - 200,000 to 2,000,000
3% - >2,000,000
If residential, extra 2% for >3,000,000

17
Q

Exemptions for PTT

A

🔵Related
🔵separation agreement under family law act
🔵Family farms

18
Q

PTT Exemptions under the first time home buyer’s program

A

🔵Canadian citizen or resident
🔵must have lived for atleast a year prior purchase
🔵FMV (fair market value)
less than 500,000
🔵not owned any property anywhere in the world
🔵must be used as a principle residence
🔵0.5 hectares or smaller

19
Q

PTT EXEMPTIONS

A

🔵first time home buyer should be less than 500,000 (partial: 25,000)
🔵newly built should be less than 750,000
🔵partial exemption can apply if over 750,000 but less than 800,000

20
Q

GST seller has an obligation to collect if residential

A

PTT the seller has no obligation to collect

21
Q

GST - appeal, tax court, federal court, supreme court

A

PTT supreme court of BC, bc appeal court, supreme court of canada

22
Q

FOREIGN BUYER’s tax

A

Extra 20% PTT
foreign nationals
Foreign corps
Taxable trustees

23
Q

Anti avoidance rule

A

Penalize any steps taken that are inconsistent with the spirit of the law

24
Q

If a canadian citizen’s spouse dies and leaves the title to family home to the surviving foreign national spouse

A

Foreign buyers tax might potentially apply to transfer title even though basic ptt would be relieved

25
Q

Foreign buyer’s tax

A

If within a year of purchase the individual becomes a citizen or resident, can apply for rebate and claim the tax paid

26
Q

Mill rate

A

Tax rate applies to each $1000 of net taxable value

27
Q

Net taxable value

A

Actual value of the real property as per the assessor, less any exemptions that apply

28
Q

BC ASSESSMENT

A

Assesses real property in BC

29
Q

School tax - every property is charged to share cost of providing education

A

Additional tax rate 0.2% between 3-4M

Additional 0.4% value exceeding 4M

30
Q

Owner as per Assessment act

A

Registered owner of life estate
Registered owned of estate in fee simple
Agreement for sale and purchase, the holder of last registered agreement
Holder or occupier

31
Q

Community charter

A

Person, in any yeat is assessed as owner of land, improvements or both, in a municipality or a taxable interest in them

32
Q

The only time a tenant is reliable for property tax payment

A

Is when occupying a crown or municipal land

33
Q

Two general catergories of taxable properties in bc

A

Land

Improvements

34
Q

Tax notice

A
July valuation date of assessment roll
Oct state and condition of property
Nov identify owner 
Dec notice sent out
Jan last date for review
March authenticate
April appeals
35
Q

Speculation Vacancy Act (SVT)

A

2% foreign buyers

0.5% citizens and residents not member of satellite family