Connect with us

Real Estate

Setting up a home business | REM

Editor

Published

on

If you or your clients are thinking of operating a business from their home, here are some things to consider.




The legal nature of a sole proprietorship

In this form of entity, you are starting a business on your own. You are not creating a corporation (which we will discuss later on). Instead, you are acting on your own, and are referred to as a “sole proprietor”.

You can give the business a name such as Joe’s Shoe Store or Sally’s Gourmet Sandwich Shop. If you wish, you can register your business name. To do so in Ontario, you must file a form with the provincial Ministry of Consumer and Commercial Affairs for a minimal fee.

Registering a business name under this format does not give you any exclusive rights to that name; however, if the name you register violates a registered trademark of a third party, they may insist that you change your business name.

If you register a business name you can open a bank account, enter into contracts, send out accounts for services provided and/or for goods supplied under that name. If you do not register a business name, then any of these types of activities will be undertaken in your own personal name instead.

Zoning bylaws, apartment rules, condominium rules and bylaws

Whether you are a homeowner or a tenant, check your municipality’s zoning bylaws to see if they permit the use of your dwelling for these purposes. This is particularly if you will have clients coming to your home to consult with you and/or to purchase goods. Zoning bylaws can also be specific in restricting activity. You may be permitted the use of the dwelling as a psychiatrist’s office, but not as a hair stylist’s salon.

If you are a tenant, you must also check your lease, which may prohibit you from carrying on a business from the premises you are renting. These issues are especially relevant if you are a tenant in an apartment building. Check your lease and the building’s rules and regulations.

If you reside in a condominium, whether as the owner or a tenant, you must also clarify whether the condominium’s declaration, bylaws and/or rules and regulations permit you to carry on any type of business from the condominium unit. For the most part, any business or service involving clients and customers coming to your unit in a condominium will be prohibited.

Banking

After registering the business name, one of the next steps is to open a business account with your financial institution. Make an appointment with an appropriate banking official ahead of time, rather than just walking into the branch without having an appointment.

GST/HST and provincial sales tax

If you are running a business, your obligation to pay HST is triggered once your business’ revenues, be they in the form of sales of goods, or billings for the provision of services, exceeds $30,000 annually. At this point you are required to register for an HST number and charge, collect and remit GST/HST to the Canada Revenue Agency on a regular basis.

Depending on the nature of the goods you sell and the services you provide, you may be required to charge, collect and remit provincial sales taxes as well.

Financial reporting

Just as an individual must report income to the CRA, any business must also report its income. As a sole proprietor your business income is simply reported on your personal income tax return under the “business income” category. You must report all sales and services billed income from which you can deduct all related expenses.

In addition to specific business expenses such as equipment and machinery purchases, cost of materials, supplies and goods for resale (if applicable), you can claim phone expenses for a specific business phone, office supplies, automobile expenses solely related to business-related use and a maximum of 50 per cent of entertainment and meal expenses – again, solely incurred for business purposes.

When your business is home-based you can claim a certain percentage of your home’s expenses as a business expense. The formula to determine what percentage of your home’s expenses can be claimed as business expenses is generally based on the percentage that your office space takes up, relative to the total area of your home. Some of the expenses that can be claimed are:

  1. Mortgage interest (but not mortgage principal), if you own a dwelling;
  2. Rent, if your home, apartment or condominium unit is rented;
  3. Insurance on your dwelling;
  4. Property taxes;
  5. Utilities;
  6. Maintenance and repairs;
  7. Phone if you use your own personal home phone number rather than a dedicated business phone line.
Incorporation

The other common form of business entity is a corporation. This is created by preparing and filling a Corporation Application with the Ministry of Consumer and Commercial Affairs.

A corporation is a legal separate entity, existing entirely apart from the individual person; it is the corporation that carries on the business, not the individual who incorporated the business.

This is the most significant difference between a sole proprietorship and a corporation.

Although the corporation is conceptually a separate entity, it requires the participation of humans to make decisions and get things done. This is achieved through the roles of a corporate director, president, secretary and treasurer. In a smaller, home-run business, you may serve all of these roles yourself; however, you are still not personally responsible for the corporation’s debts.

With that said, there are various instances where you may indeed be personally liable. For example, where:

  • the corporation’s bank requires you as the incorporator to personally guarantee loans (also known as lines of credit) given to the corporation;
  • a supplier insists that you personally guarantee payment for goods and/or services provided to the corporation; or
  • the corporation owes taxes and you are called upon to pay them.

While I have only briefly discussed corporations, a number of proprietorship issues which I have commented on are also applicable to home-based corporate businesses.

The bottom line

In summary, if you decide to start up a home-based business, whether it’s a proprietorship or a corporation, there are many factors to consider and matters to be looked into and researched thoroughly.

I always recommend talking to:

  • your accountant (not a bookkeeper) for initial financial and business advice;
  • your lawyer for legal and business advice and assistance in creating the entity; and
  • your banker for financial advice.

I feel it is important to note that some accountants attempt to do what is actually lawyer’s work. Their work and sphere of activity is distinctly different than that of a lawyer and should be dealt with accordingly.

Source link

قالب وردپرس

Real Estate

Window repair or replacement is the responsibility of the condo corporation

Editor

Published

on

By

If the windows in your condo are hazy, drafty, or have rotting frames, it’s an indicator that they need repairs or outright replacement.

However, under the Condominium Act, it is the responsibility of the condo’s board to carry out such changes as a replaced window is a common element.

“Under the Condominium Act, a declaration may alter the maintenance or repair obligations of unit owners and the corporation but cannot make unit owners responsible for repairs to the common elements,” said Gerry Hyman is a former president of the Canadian Condominium Institute and contributor for the Star.

“A declaration for a high-rise condominium invariably provides that the unit boundary is the interior surface of windows. That means that the entire window — whether it is a single pane or a double pane — is a common element. Necessary repairs or replacement of a broken pane is the obligation of the corporation.”

According to Consumer Reports, selecting an installing windows replacement can be very overwhelming for homeowners. Therefore, if you aren’t covered by your condo’s corporation, it would be necessary to hire professional hands.

Wood, vinyl and composite windows need to be tested on how they can withstand various natural elements. For wind resistance, a window can be very tight when it’s warm but get quite cold too—especially when it begins to leak a lot.

Whatever the case may be, the bottom line remains that replacement windows can save you heating and cooling costs, but it’s best not to expect drastic savings.

Additionally, while getting a new window might help you save on your electric and gas bills, due to their expensive cost, it may take a long time to offset their cost.

Mid-last-year, the government withdraw a $377 million Green Ontario program that provided subsidy on windows to installers and repairers. Window companies had to install energy-efficient windows in order to qualify for the government subsidy that pays for up to $500 of a $1,000 to $1,500 window.

Due to the largely generous subsidies from the government under the Green Ontario program, a lot of window dealers were fully booked for months—even after the program had ended.

“We’re fine with the program ending, we just need more time to satisfy consumers,” said Jason Neal, the executive director of the Siding and Window Dealer Association of Canada, the industry group representing window dealers in a report.

According to Neal, the Progressive Conservatives acted hastily, making massive changes with no prior notice.

“No notification was given to us by anyone,” he said, noting he learned about the change through one of his dealers.

“It’s created a ripple effect.If they had just given us notice we would have pushed that down the line from the manufacturer right into the dealer right down to the consumer.”

Neal noted that he wasn’t particularly sad to see the Green Ontario program end, as it was “the worst rebate program in the history of the window industry.”

“It’s been horrible,” he said. “$500 a window has created such hysteria.”

However, despite the program ending about a year ago, numerous homeowners have been contacting window dealers consistently with concerns that they might not be able to afford replacement windows without the government’s subsidy.

“I understand their concern,” said window dealer Chris George. “I would suggest they reach out to their local representative of the government in their riding and let them know about their concerns.”

Continue Reading

Real Estate

7 Vancouver Real Estate Buying Tips

Editor

Published

on

By

The real estate market in Vancouver is turning around for good for everyone looking to purchase a home.

Previously soaring prices are now beginning to ease up, making it a perfect time for buyers—with real estate agents already getting ready for a very busy spring and summer season.

However, before splashing cash on a new property, there are some very important tips you need to know to ensure you make the most of the buyer’s market.

Here are some few expert tips that would guide you when purchasing a home in the sometimes frustration Vancouver seller’s market.

  1. Get adequate financing

It is very important that before you make the move to purchase a property, you put into careful consideration your credit score.

Normally, home buyers with lower scores use the secondary mortgage market to finance their purchase, as they’re more likely to pay a higher interest rate.However, it is advisable to get loan approval long before purchasing the house. This way, you are fully aware of how much you are able to spend—but never be tempted to borrow the maximum amount of money available.

“What’s your mortgage payment that you’re comfortable with? And take into the fact the taxes you’re going to have to pay, if it’s a strata – what the maintenance fees are, if it’s a home what type of maintenance are you going to have to pay in the future?” said Phil Moore, president of the Real Estate Board of Greater Vancouver in a report.

Always be careful of the type of loan you secure and ensure that you can comfortably afford it over a long period of time.

  1. Get a real estate agent

Buying a property without professional help is a very risky move and can be likened to choosing to represent yourself in court without a lawyer. While you might trust your negotiation skills, only realtors are permitted to present offers directly.

Therefore, it is necessary to get a professional real estate agent in the area to represent you. So, screen a few agents and select the best one who has in-depth knowledge of the markets and has a great reputation.

“They’re there to protect you. They’re there to walk you through each step of the process,” Moore said.

  1. Sign up for automated alerts

Most—if not all—realtors have access to the Vancouver real estate board’s database which is updated approximately two days before the public MLS website.

Therefore, you can request from your realtor to sign you up for automatic real-time alerts of all new listings. Doing this gives you an edge as you’re among the very first to know about new properties.

  1. Do a thorough inspection

After receiving an alert for a new listing, it is necessary to push almost immediately for an inspection from your realtor. In this current market, buyers now have time to make an inspection.

Making a quick inspection eliminates any surprises—as there could be major maintenance or repair issues that could spring up. Therefore, you can now table your offer based on the outcome of the inspection, with clauses about claiming your damage deposit back if everything isn’t as was advertised.

Additionally, if you notice that renovations were done, you need to be sure that it was permitted work and carried out appropriately. Failing to do this would ultimately lead to further cost down the line and simultaneously affect the resale value.

  1. Have a back-up plan

There’s always the possibility that everything may not go as smoothly as you’d want. From the inspection being a failureto the property not living up to your expectations—or not being able to agree on the closing date that matches with your needs.

However, a professional real estate agent will definitely help you get past all of these things. If you plan on selling the property as you buy, you can table that and make it part of the deal.

“You’ve got an option, especially in a buyer’s market: you can put in an offer subject to selling your place. So maybe you want to have a place lined up,” Moore added.

Additionally, building contingencies into your buying plan is necessary. Things such as unexpected delays in closing the deal, closing cost and moving costs that could result in added living expenses if that’s your permanent home.

  1. Don’t fall for the buyer frenzy

The Vancouver market buying frenzy that caused a serious climb in the prices a couple of years ago has ended. Thus, it is important not to get caught up in bidding wars with properties that have been deliberately under-priced—with the hope of initiating multiple offers.

“Some of the sellers have been on the market for over a year and they’re eager to sell. So what I’m saying to consumers is: you have a lot of choices, you’re in the driver’s seat, let’s go out and take a look at what’s available,” said Moore.

  1. Never be wary of multiple offers

When purchasing a property, don’t be afraid of multiple offers as you have the same opportunity as anybody else.

Typically, there are just a few offers below the asking price: a couple priced fully, and two or three above the asking price—depending on how close the fair market value is from the asking price.

Continue Reading

Real Estate

Do you know what kind of condo you’re buying?

Editor

Published

on

By

(NC) Condominiums can come in all shapes and sizes. But it’s important to know that not all condos are created equal when it comes to warranty coverage.

Whether you’re buying a condominium townhouse, loft-style two-bedroom or a high-rise studio, they are all classified as condominiums if you own your unit while at the same time share access (and the associated fees) for facilities ranging from pools and parking garages to elevators and driveways, otherwise known as common elements.

The most common types of condos are standard condominiums and common elements condominiums. The determination of how a condominium project is designated happens during the planning stage when the builder proposes the project and the municipality approves it.

When you’re in the market to buy, you need to know how your chosen condo is classified because it affects the warranty coverage under the Ontario New Home Warranties Plan Act. Standard condominiums have warranty coverage for units and common elements, but common elements condominiums only have unit coverage.

How could this affect you as the owner? If your condo complex has underground parking and, for example, there are problems with leaks or a faulty door, the condo designation will determine whether there’s warranty coverage.

If your unit is a standard condominium development, then the common elements warranty may cover the repairs. If it’s a common element condominium development, then repairs might have to be covered by the condo corporation’s insurance, which could impact your condo fees or require a special assessment on all the owners.

To avoid surprises, you should have a real estate lawyer review the Declaration and Description attached to your purchase agreement to be sure that you know the designation and boundaries of the unit you’re looking to purchase. Find more information on the types of condos and their coverage at tarion.com.

Continue Reading

Chat

Trending