Opinion
Escape Room 2 – The NEW Real Estate Owner Tax Game – High Stakes Edition
By Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr – CEO | Director of CGL Tax
Justin time for Tax Season, we have a new version of our most popular game, but this time you are now trying to convert your Real Estate to tax-Freeland.
No those are not typos.
In 2017, we released Escape Room – The NEW Small Business Tax Game – Family Edition after then Federal Liberal Finance Minister, Bill Morneau, finally released the new version of
the Tax on Split Income (“TOSI”) or the so-called “income sprinkling” rules.
This time, in this game, there are fewer unconditional exits, and the stakes are higher.
So just like I said in December 2017:
“These rules are written like a bad “escape room” game. The way these rules are written, everyone is caught… unless you can escape… and the exits are not clearly marked.”
The talking points in the media have been that the Underused Housing Tax (UHT) Act would only apply to non-resident and foreign owners.
However, what they failed to mention is that many Canadians will be caught by the filing requirement and will have to file or face penalties, even if they won’t owe any tax.
This ain’t your Daddy’s failure to file penalty.
Failing to file a UHT return faces a minimum penalty of $5,000 per individual, per property and $10,000 if you are a corporation.
This makes the failure to file a T1135 Foreign Property form look like pocket change.
So while you may not have to pay any UHT, you still might have to pay even more if you didn’t know you had to file it already this tax season because:
- the Underused Housing Tax Act is not part of the Income Tax Act;
- there are requirements to file even if you don’t owe;
- it is due on April 30 irrespective of your ordinary income tax filing deadline
- the filing is entirely separate from any other tax filing; and
- at the time of this article’s publication, it cannot be e-filed – it must be filled out and sent manually.
The prescribed Form UHT-2900 only came out on January 31, 2023, and applies to 2022.
As a result, you will need to figure out if you must file it by April 30 this year or face a minimum $5,000 penalty, per person, per property, for failure to file.
As this is new legislation with large penalty amounts, some practitioners are unaware if their errors and omissions insurance even includes coverage for these returns. This means you can expect to see extremely high fees for preparing these forms.
Can you think of a better way to navigate the messy rules than by playing a game for you to play this Tax Season?
Escape Room 2 – Rules of the Game
IMPORTANT RULES OF THE GAME: This is not an all-inclusive list. The below information is a high-level summary of the more common areas of concern. You should seek specialist advice on your specific circumstances and how the new rules will apply to you.
1) Were you the legal owner (a person/entity registered on title), jointly or otherwise, of a residential property in Canada as of December 31?
If yes, you are still trapped and get to keep playing.
If not, Congrats! You escaped! You can go back to paying rent or sleeping in your vehicle without having to worry about the UHT.
2) Are you a publicly-traded Trust or Corporation that is incorporated under the laws of Canada or a province and listed on a Canadian Stock Exchange?
If yes, Congrats! You escaped! You may continue working on your Securities filings for your upcoming AGM.
If not, you’re still trapped – keep playing.
3) Are you a Registered Charity, Cooperative Housing Corporation, Municipality, Indigenous Governing Body, Government of Canada, Provincial Government, University, Public College, School Authority or Hospital Authority?
If yes, Congrats! You escaped! You may continue dealing with your annual audit of financial statements.
If not, you’re still trapped – keep playing.
4) Are you an individually wealthy person that does not like to share with others?
For example, you own one or more multiple residential properties – but every single one of them is only in your personal name. No spouse, no corporation, no trust, no partnerships, no friends, no one!
If yes, Congrats! You escaped! You may go back to swimming alone in your pool of wealth.
If not, you’re still trapped – keep playing.
5) Is the only reason you are on the land title because you are currently the executor or administrator of someone’s estate?
If yes, Congrats! You escaped! You may continue to grieve and fill out the mountains of government paperwork while everyone else asks you “where’s my inheritance?”
If not, you’re still trapped – keep playing.
6) Are you an individual Canadian Citizen or Permanent Resident of Canada (under the Immigration and Refugee Protection Act) that does not have a business, farm, or rental property owned with another person that could possibly be viewed as a partnership?
If yes, Congrats! You escaped! You may continue to live in your home, paycheque to paycheque, while your cost of payroll deductions and mortgage interest continue to rise and eat away at it.
If not, you’re still trapped – keep playing.
7) Does your business, farm, or rental property co-owned with another person have a residential dwelling on it?
For example, is your home on the same land title as your farmland or business?
If yes, Congrats! … haha – fooled you! You’re still trapped, and now you get to play the UHT Escape Room Game – Advanced Edition
If not, Congrats! You just made it out – lucky number 7!
Welcome to UHT Escape Room Game – Advanced Edition
In this Edition, everyone must file or face a minimum $5,000 penalty per person on each property.
For example, husband/wife partnership with three residential properties = 2 x 3 x $5,000 = $30,000 penalty if you don’t file!
8) Are you a Specified Canadian Corporation where at least 90% of the ownership and control (direct and indirect) are held by other Specified Canadian Corporations, Canadian Citizens, or Permanent Residents of Canada?
If yes, you have to file but you won’t have to pay. Don’t forget to file by April 30 no matter what your fiscal year-end date is!
If not, you’re still trapped – keep playing.
9) Are you a Specified Canadian Partnership where every member of the partnership is either a Specified Canadian Corporation, or would not have to file if we ignored the whole “partner of a partnership” thing?
If yes, Congrats! You have to file but won’t have to pay.
If not, You’re still trapped – keep playing.
10) Are you a Specified Canadian Trust where every beneficiary of the trust is either a Specified Canadian Corporation, or would have escaped from filing if they were the owner themselves?
If yes, Congrats! You have to file but won’t have to pay.
If not, You’re still trapped – keep playing.
11) In this filing year or last year, were you an owner of a property when another co-owner that owned 25% or more died?
If yes, Congrats! It’s sure a good thing they died! You have to file but won’t have to pay
If not, you’re still trapped – keep playing.
12) Did you die this year or last year (or are you the executor for someone that did and you were not on the land title before they died)?
If yes, then UHT definitely puts the FUN in FUNeral! You have to file, but won’t have to pay – don’t forget to play again next year!
If not, you’re still trapped (but alive) – keep playing.
13) Did you buy the property this year and never owned or had your name on it before in the past decade?
If yes, Congrats on becoming a home-owner, on your first… or second… or third… or… well it doesn’t matter how many homes you have, just as long as you bought it this year. You have to file but don’t have to pay – play again next year!
If not, you’re still trapped – keep playing.
14) Was the property still under construction before April Fools’ Day of the filing year?
If yes, Congrats – this isn’t an April Fools’ prank. You have to file, but don’t have to pay!
If not, You’re still trapped – keep playing.
15) Was the property finished before April Fools’ Day of the filing year, offered up for sale to the public, but never sold or occupied by an individual as a place of residence or lodging during the year?
If yes, Congrats! Isn’t it fun making mortgage payments on a home no one wants? You have to file but don’t have to pay.
If not, you’re still trapped – keep playing.
16) Was the property unable to be lived in for at least 120 consecutive days because of renovations undertaken that occurred in a timely fashion?
If yes, Congrats! As long as you haven’t used this escape door in the last decade, you can now use it. You have to file but don’t have to pay – otherwise, it’s still locked and you keep playing.
If not, you’re still trapped – keep playing.
17) Was the property unable to be lived in for at least 60 consecutive days in the year because of disaster or hazardous conditions caused by circumstances outside the reasonable control of an owner?
If yes, Congrats! As long as you haven’t used this escape door more than once before for the same disaster or hazardous condition on the property you have to file, but not pay – otherwise, you’re still trapped.
If not, you’re still trapped – keep playing.
18) Is the property unable to be accessed year-round because there is no maintained public access during the off-season?
If yes, Congrats! You have to file but don’t have to pay.
If not, you’re still trapped – keep playing.
19) Is the property unsuitable for year-round use as a place of residence?
If yes, Congrats! Keep following that boiled water advisory and burning everything around you to stay warm. The government is providing you with more blessings: you have to file but don’t have to pay.
If not, you’re still trapped – keep playing.
20) Is the property being used for at least a month consecutively and more than 180 days in the year by you, your spouse or common-law partner, child, or parent who is a Canadian citizen or permanent resident?
If yes, Congrats! You have to file but don’t have to pay – wasn’t this fun? – Be sure to play again next year!
If not, you’re still trapped – keep playing.
21) Is the property the primary residence for you, your spouse or common-law partner, or for your child attending a designated learning institution?
If yes, Congrats! You might have to file an election and your spouse must agree. If you need to convince them, tell them that marriage counselling will be cheaper than the failure to file penalty. That should get them to agree to anything. You have to file but don’t have to pay.
If not, you’re still trapped – keep playing.
22) Is the property a vacation property that is used by you or your spouse or common-law partner for at least 28 days in the year and is located in an “eligible area of Canada” (basically rural enough area where they might get dirty trying to find you)
If yes, Congrats on being able to take 4-weeks of vacation every year – you have to file, but won’t have to pay.
If not, you’re still trapped – and likely still at work – keep playing.
23) Speaking of work – is the property being used by you or your spouse or common-law partner for at least a month consecutively and more than 180 days in the year just while you are working in Canada, and the property relates to that purpose?
If yes, Congrats! You have to file but won’t have to pay.
If not, you’re still trapped – have you considered renting it out?
24) Is the property being rented under a written agreement for at least a month consecutively and more than 180 days in the year to someone paying at least 5% of the property value per year as rent?
If yes, Congrats! You have to file but won’t have to pay.
If not, you’re still trapped – keep playing – and raise that rent! We wouldn’t want anyone to have affordable housing.
25) Is the property being rented under a written agreement for at least a month consecutively and more than 180 days in the year to an unrelated person?
If yes, Congrats! But why are you charging them less than fair-value rent? What kind of slum lord are you? Stop making things affordable! You have to file but won’t have to pay.
If not, you are still trapped and now move on to the UHT Escape Room Game – High Stakes Edition
Welcome to UHT Escape Room Game – High Stakes Edition
In this edition of the UHT Escape Room Game, everyone must ante up and Pay to Play!
26) Is the Fair Market Value of the property lower than both the Property Tax Assessed Value and the most recent purchase price of the property?
If yes, you must have a formal appraisal done effective as of a date in the filing year or before the filing deadline. Then you only have to pay 1% of this value multiplied by your percentage of ownership as your UHT.
If not, either get that appraisal done or be happy that your property has increased in value. In the meantime keep playing.
27) Is the Property Tax Assessed Value more than the most recent purchase price?
If yes, Congrats! Not only has your property tax gone up, but so has your UHT – you owe 1% of this value multiplied by your percentage of ownership.
If no, Congrats on your property being worth less than you paid for it – keep playing.
28) Congrats on making it to the end. If you’ve come this far, it means:
- You own property in Canada;
- You are not a Canadian Citizen or Permanent Resident;
- You are alive, or you’ve been dead for more than two years;
- You don’t rent out the property under a written agreement …or if you do, it is to a relative, and it is way too affordable;
- If it is a vacation property, you don’t use it for 4-weeks of vacation likely because you don’t get 4-weeks of vacation;
- You don’t use the property for more than 30 days consecutively, nor more than 180 days in the year for a work-related purpose;
- You didn’t bother getting a formal appraisal done;
- You paid more than the current Property Tax Assessed value for the property; and
- You wonder why they didn’t just say all this in the first place
Congrats – you get to pay 1% of the purchase price when you last acquired the property multiplied by your percentage of ownership.
Do you feel like you won?
Now… as for next year…
… I want to play a game…
Dan McTeague
Well, we are in quite the pickle.
In nine plus years as prime minister, Justin Trudeau has waged a multi-front war on the consumption and production of hydrocarbon energy, and, with that, on our economy, our quality of life, and our cost of living.
Trudeau zealously pursued and implemented anti-energy policies, most infamously the consumer Carbon Tax, but let’s not forget his so-called ”Clean Fuel” regulations; his Industrial Carbon Tax; his proposed emissions caps; his Electric Vehicle subsidies and mandates; Bill C-59, which bans businesses from touting the environmental positives of their work if it doesn’t meet a government-approved standard; and various other pieces of legislation which make the construction of new pipelines nearly impossible and significantly reduces our ability to sell our oil and gas overseas.
Every one of these policies can be traced back to the pernicious Net Zero ideology which informs them, and in which Trudeau and his bosom buddies — Gerald Butts, Steven Guilbeault, Mark Carney, etc — remain true believers.
And yet, despite those policies contributing to his party’s collapsing poll numbers and Trudeau’s unceremonious ouster, the Liberals are on the verge of naming as his replacement Mark Carney, one of the very Trudeau consiglieri who got us into this mess in the first place!
Now, Carney is currently doing everything in his power to downplay and dance around those aspects of his career which voters might find objectionable. He’s making quite a habit of it, in fact. And on the energy file, he’s being especially misleading, walking back his long-time support of the Carbon Tax — he’s said it has “served a purpose up until now” — and claiming that he intends to repeal it, while finding other ways to “make polluters pay.”
This is nonsense. In fact, Carney is a Carbon Tax superfan, and, if you listen to him closely, his actual critique of the Trudeau tax isn’t that it has made it more expensive to heat our homes, gas up our cars, and pay for our groceries (which it has.) It’s that it is too visible to voters. His vow to “make polluters pay” means, in fact, that he intends to “beef up” Trudeau’s less discussed Industrial Carbon Tax, targeting businesses, which will ultimately pass the cost down to consumers.
He’s even discussed enacting a Carbon tariff, which would apply to trade with countries which don’t adopt the onerous Net Zero policies which he wants to force on Canada.
That’s just who Mark Carney is.
And, unfortunately, Donald Trump’s tariff threats have provoked a “rally round the flag” sentiment, enabling the Liberals to close the polling gap with the Conservatives, with some polls currently showing them neck-and-neck. Which is to say, there is a possibility that, whenever we get around to having an election, anti-American animus could keep the Liberals in power, and propel Carney to the top job in our government.
This is, in a word, madness.
Let us not forget that it was the Liberals’ policies — especially their assault on our “golden goose,” the natural resource sector — which left us in such a precarious fiscal state that Trudeau felt the need to fly to Mar-a-Lago and tell the newly elected president that a tariff would “kill” our economy. That’s what provoked Trump’s “51st state” crack in the first place.
Access to U.S. markets will always be important for Canadian prosperity — they, by leaps and bounds, are our largest trading partner, after all — but without the Net Zero nonsense, we could have been an energy superpower, providing an alternative source of oil and natural gas for those countries leary about relying for energy on less-environmentally conscious, human-rights-abusing petrostates. We could have filled the void created by Russia, when they made themselves a pariah state in Europe by invading Ukraine.
In short, we might have been set up to negotiate with the Trump Administration from a position of strength. Instead, we’re proposing to double-down on Net Zero, pledging allegiance to a program which will make us less competitive and more likely to be steamrolled by major powers, including the U.S. but also (and less frequently mentioned) China.
Talk about cutting off your nose to spite your face! And all in the name of nationalism.
Here’s hoping we wise up and change course while there’s still time. Because, in the words of America’s greatest philosopher, Yogi Berra, “It’s getting late early.”
Dan McTeague is President of Canadians for Affordable Energy.
Support Dan’s Work to Keep Canadian Energy Affordable!
Canadians for Affordable Energy is run by Dan McTeague, former MP and founder of Gas Wizard. We stand up and fight for more affordable energy.
From LifeSiteNews
This study, along with scores of others conducted in recent years, explodes the media-enforced narrative that so-called ‘gender transition’ procedures are beneficial for the gender-confused.
A study published in the Oxford Journal of Sexual Medicine found that undergoing so-called “sex change” surgery, far from reducing depression rates among the gender dysphoric, substantially increased rates not only of depression, but of anxiety, suicidal ideation, and substance use disorders.
Males who underwent transgender surgery had a depression rate of 25.4 percent, compared to 11.5 percent in those who did not have surgery. Likewise, females who underwent surgery had a depression rate of 22.9 percent, compared to 14.6 percent in those who did not.
The study notes that males undergoing “feminizing” surgeries demonstrated a particularly high risk for depression and substance use disorders.
“From 107,583 patients, matched cohorts demonstrated that those undergoing surgery were at significantly higher risk for depression, anxiety, suicidal ideation, and substance use disorders than those without surgery,” the researchers found.
Rather than concluding that so-called “gender affirming” surgery is a dangerous, unnecessary practice that should be discontinued because it puts patients’ lives at risk, the researchers instead suggest that that their findings show a need for “gender-sensitive mental health support following gender-affirming surgery to address post-surgical psychological risks.”
Exploding the myth
This study, along with scores of others conducted in recent years, explodes the media-enforced narrative that so-called “gender transition” procedures are beneficial or even “necessary” for the happiness and well-being of the gender-confused.
A significant body of evidence now shows that “affirming” gender confusion carries serious harms, especially when done with impressionable children who lack the mental development, emotional maturity, and life experience to consider the long-term ramifications of the decisions being pushed on them or full knowledge about the long-term effects of life-altering, physically transformative, and often irreversible surgical and chemical procedures.
Studies find that more than 80 percent of children suffering gender dysphoria outgrow it on their own by late adolescence and that “transition” procedures fail to resolve gender-confused individuals’ heightened tendency to engage in self-harm and suicide – and even exacerbate it, including by reinforcing their confusion and neglecting the actual root causes of their mental strife.
Many oft-ignored detransitioners attest to the physical and mental harm of reinforcing gender confusion as well as to the bias and negligence of the medical establishment on the subject, many of whom take an activist approach to their profession and begin cases with a predetermined conclusion in favor of “transitioning.”
Last year, a massive, peer-reviewed study provided unequivocal evidence that those who undergo so-called “gender reassignment” surgery put themselves at a vastly increased risk of suicide – an astounding 12 times that of the general population.
The giant study, “involving 56 United States healthcare organizations and over 90 million patients,” analyzed data collected over a 20-year period, from February 2003 to February 2023, examining “suicide attempts, death, self-harm, and post-traumatic stress disorder (PTSD) within five years of the index event.”
The researchers compared the experiences of persons aged 18-60 who visited hospital emergency rooms and who had previously undergone “transition” surgery with those who visited emergency rooms without having undergone transgender surgery: A stunning 3.47 percent of those who had surgically “transitioned” were treated for suicide attempts, versus 0.29 percent for non-“transitioned” patients.
The authors of the study, like those of the one just published in the Oxford Journal of Sexual Medicine, sidestepped the obvious conclusion that attempts to surgically “transition” the gender-confused are both dangerous and futile.
Instead they concluded: “Gender-affirming [sic] surgery is significantly associated with elevated suicide attempt risks, underlining the necessity for comprehensive post-procedure psychiatric support.”
In 2016, The New Atlantis, A Journal of Technology and Society, produced a landmark report offering a summary and an up-to-date explanation of research on “sexual orientation and gender identity” from the biological, psychological, and social sciences, covering nearly 200 peer-reviewed studies.
“The hypothesis that gender identity is an innate, fixed property of human beings that is independent of biological sex — that a person might be ‘a man trapped in a woman’s body’ or ‘a woman trapped in a man’s body’ — is not supported by scientific evidence,” according to experts Lawrence S. Mayer, M.B., M.S., Ph.D, scholar-in-residence in the Department of Psychiatry at the Johns Hopkins University, and Paul R. McHugh, M.D., professor of psychiatry and behavioral sciences at the Johns Hopkins University School of Medicine.
According to their report, the vast body of scientific evidence tells a different story from the one most have been told through mainstream media. “Sexual identity” or “sexual orientation” are so commonly used that they go unquestioned and are perceived to have been derived from biological or medical science, but they are not. These terms are merely expressions of desire, behavior, and identity, all of which are fluid and may change over time. Additionally, “gay,” “lesbian,” and “transgender” are not scientific terms. People who suffer from homosexual inclinations and/or gender confusion are not separate species of human beings.
The only thing that science actually tells us is that we are born either male or female.
One young man, Yarden Silveira, was so distraught after “sex change” surgery that he committed suicide in 2021.
Before taking his own life, Yarden wrote:
I wish I never listened to the medical and psychiatric community when they told me it was possible to change my sex. What a lie. Very dangerous and unethical. Sex reassignment [sic] surgery is a hit and miss type of surgery, but they don’t tell you that. They never do. And maybe if I didn’t have autism, maybe if my brain wasn’t so defective, I would have caught on before it was too late…
This is what I get for messing with nature… I just wanted friendship and love. I wanted life to be easier. I wanted to be a woman since I was 15. I wish I had the knowledge that I have today. I was a confused kid with no identity. I wish I could have done everything different, but it’s too late now. I’m royally screwed…
The Transgender Ideology and its lies, along with the pro-gay media, medical and psychiatric community, have killed me. The feminization of America will continue to produce outcomes like mine. It wasn’t my fault for failing. Everyone failed me, my death shouldn’t surprise anyone.
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