Real Estate Law
5 minutes reading time

How to Form a Corporation for Real Estate in Ontario: A Step-by-Step Guide

Written by:
The Tabuchi Law Team
Published on:
The Tabuchi Law Team
September 20, 2022
The Tabuchi Law Team
September 20, 2022

Why do you need a corporation for real estate in Ontario?

There are a number of benefits to incorporating your real estate business in Ontario, including:

  • Limited liability protection: One of the most important benefits of incorporating is that it provides limited liability protection to its shareholders. This means that if the corporation is sued or goes bankrupt, the shareholders' personal assets are protected.
  • Tax benefits: Corporations are taxed differently than individuals. For example, corporations can split income between different shareholders, which can reduce the overall tax burden.
  • The ability to raise capital: Corporations can sell shares to raise capital, which can be used to grow the business or invest in new properties.

Examples of the benefits of incorporating a real estate business in Ontario:

  • A real estate investor who owns multiple rental properties may incorporate their business to limit their liability and take advantage of tax benefits.
  • A real estate developer who is building a new condominium complex may incorporate their business to raise capital from investors.
  • A real estate agent may incorporate their business to take advantage of tax benefits and the ability to split income with a spouse or partner.

Requirements for incorporating a real estate business in Ontario

To incorporate a real estate business in Ontario, you must meet the following requirements:

  • You must be at least 18 years old.
  • You must be a resident of Canada.
  • You must have a valid Canadian address.
  • You must choose a unique name for your corporation.
  • You must prepare the articles of incorporation.
  • You must file the articles of incorporation with the Ontario government.

Step-by-step guide to incorporating a real estate business in Ontario

  1. Choose a name for your corporation. The name of your corporation must be unique and cannot be the same as the name of another corporation registered in Ontario. You can search for available corporation names on the Ontario government website.
  2. Prepare the articles of incorporation. The articles of incorporation are a legal document that outlines the basic information about your corporation, such as its name, address, and purpose. You can prepare the articles of incorporation yourself or hire a lawyer to do it for you.
  3. File the articles of incorporation with the Ontario government. You can file the articles of incorporation online or by mail. There is a filing fee associated with incorporating a corporation in Ontario.
  4. Obtain a business number from the Canada Revenue Agency (CRA). A business number is a unique nine-digit number that is used to identify your business to the CRA. You can apply for a business number online or by phone.
  5. Open a bank account for your corporation. You will need to open a separate bank account for your corporation so that you can keep your personal and business finances separate.
  6. Obtain the necessary licenses and permits. Depending on the type of real estate business you are operating, you may need to obtain certain licenses and permits

Once you have completed the steps above, your corporation will be officially incorporated. However, there are a few additional things you need to do to get your business up and running:

  • Register your corporation for GST/HST. If your corporation's annual revenue is expected to exceed $30,000, you must register it for GST/HST. You can register for GST/HST online or by phone.
  • Purchase commercial liability insurance. Commercial liability insurance will protect your business from financial losses in the event of a lawsuit.
  • Create a business plan. A business plan is a document that outlines your business goals, strategies, and financial projections. It is important to have a business plan in place before you launch your business.

Tips for incorporating a real estate business in Ontario

  • Consider hiring a lawyer. Incorporating a business can be a complex process, so it is a good idea to hire a lawyer to help you, especially if you are not familiar with the law.
  • Choose a unique name for your corporation. It is important to choose a unique name for your corporation so that it can be easily identified and distinguished from other businesses.
  • Keep your personal and business finances separate. When you incorporate a business, it is important to keep your personal and business finances separate. This will help to protect your personal assets in the event that your business is sued or goes bankrupt.
  • Get professional advice. If you have any questions about incorporating a real estate business in Ontario, be sure to get professional advice from a lawyer or accountant.

Conclusion

Incorporating a real estate business in Ontario can offer a number of advantages, including limited liability protection, tax benefits, and the ability to raise capital. If you are considering starting a real estate business in Ontario, it is important to understand the requirements and benefits of incorporation.

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Disclaimer
The information provided on this blog is intended for general knowledge and informational purposes only and does not constitute legal advice. The content on this blog is not a substitute for professional legal advice tailored to your specific circumstances. Laws and regulations are constantly changing, and the information provided on this blog may not be current or accurate. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information contained in this blog. For specific legal advice regarding your situation, we strongly recommend that you consult with our firm or another qualified legal professional. Do not rely on information found on this blog as a substitute for personalized legal advice.

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Information is power!

The Ultimate Guide to Estate Planning in Ontario
Estate Planning
5 min read

The Ultimate Guide to Estate Planning in Ontario

Why is estate planning important?

Estate planning is the process of managing your assets during your lifetime and after your death. It involves creating a plan to ensure that your assets are distributed according to your wishes and that your loved ones are taken care of after you are gone.

Estate planning is important for everyone, regardless of age, wealth, or marital status. It can help you to:

  • Avoid probate, which is a time-consuming and expensive legal process that distributes your assets after your death.
  • Protect your assets from creditors and lawsuits.
  • Ensure that your assets are distributed to your desired beneficiaries in the way that you want.
  • Minimize estate taxes.
  • Provide for your minor children and other dependents.
  • Make your wishes known for your end-of-life care.

What is probate?

Probate is the legal process of distributing a deceased person's assets. It involves proving the validity of the deceased's will and appointing an executor to carry out the wishes of the deceased.

Probate can be a complex and time-consuming process, and it can also be expensive. The probate fees charged by the courts vary from province to province, but they are typically based on the value of the deceased's estate.

How to avoid probate

There are a number of ways to avoid probate, including:

  • Living trusts: A living trust is a legal document that transfers ownership of your assets to a trustee. The trustee will manage your assets during your lifetime and distribute them to your beneficiaries after your death. Living trusts are a complex estate planning tool, so it is important to speak to an estate planning lawyer to determine if a living trust is right for you.
  • Joint ownership: Joint ownership is a type of ownership where two or more people own the same asset. When one joint owner dies, their interest in the asset automatically passes to the other joint owners. Joint ownership can be a simple and effective way to avoid probate for certain assets, such as bank accounts and real estate. However, it is important to understand the rights and responsibilities of joint ownership before transferring assets to joint ownership.
  • Beneficiary designations: Beneficiary designations allow you to specify who will receive certain assets after your death, such as insurance policies, retirement accounts, and bank accounts. Assets with beneficiary designations are not subject to probate.

Other estate planning tools

In addition to living trusts, joint ownership, and beneficiary designations, there are a number of other estate planning tools that can be used to avoid probate and protect your assets. These tools include:

  • Powers of attorney: A power of attorney is a legal document that gives another person the authority to act on your behalf. You can create a power of attorney for financial matters or for healthcare matters. A power of attorney can be helpful if you become incapacitated and are unable to manage your own affairs.
  • Guardianships: If you have minor children, you will need to appoint a guardian to care for them after your death. You can appoint a guardian in your will.
  • Wills: A will is a legal document that specifies how you want your assets to be distributed after your death. If you die without a will, your assets will be distributed according to the laws of intestacy in your province.

Benefits of estate planning

Estate planning offers a number of benefits, including:

  • Peace of mind: Knowing that your affairs are in order and that your loved ones will be taken care of after you are gone can give you peace of mind.
  • Reduced legal costs and delays: Probate can be a time-consuming and expensive process. Estate planning can help to reduce legal costs and delays by avoiding probate.
  • Asset protection: Estate planning can help to protect your assets from creditors and lawsuits.
  • Tax minimization: Estate planning can help to minimize estate taxes.
  • Family protection: Estate planning can help to ensure that your assets are distributed to your desired beneficiaries in the way that you want.
  • End-of-life care: Estate planning can help to make your wishes known for your end-of-life care.

How to get started with estate planning

The first step in estate planning is to gather your information. This includes making a list of your assets, debts, and beneficiaries. You should also think about your end-of-life care wishes.

Once you have gathered your information, you can start to create your estate plan. It is important to speak to an estate planning lawyer to get help creating an estate plan that meets your individual needs.

Hire an estate planning lawyer

An estate planning lawyer can help you to:

  • Understand your estate planning options
  • Create an estate plan that meets your individual needs
  • Review your estate plan regularly to ensure that it is up-to-date

Gather your information

Before you meet with an estate planning lawyer, it is important to gather your information. This includes making a list of your assets, debts, and beneficiaries. You should also think about your end-of-life care wishes.

Create your estate plan

Once you have gathered your information, you can start to create your estate plan. This may involve creating a will, a living trust, and other estate planning documents. It is important to work with an estate planning lawyer to create an estate plan that meets your individual needs.

Review and update your estate plan regularly

Your estate plan should be reviewed and updated regularly to ensure that it is up-to-date and that it reflects your current wishes. It is especially important to review your estate plan after major life events, such as marriage, divorce, or the birth of a child.

Example of how estate planning can avoid probate

Here is an example of how estate planning can avoid probate:

John and Mary are married and have two children. They own a home, a bank account, and a retirement account. John and Mary want to ensure that their assets pass smoothly to their children after they die.

John and Mary create a living trust and transfer their home and bank account to the trust. They also name their children as the beneficiaries of their retirement account.

John dies, and Mary inherits his interest in the living trust. After Mary dies, the assets in the living trust are distributed to their children.

Because John and Mary's assets were held in a living trust, they avoided probate. This saved their children time and money.

Conclusion

Estate planning is an important part of financial planning. It can help you to protect your assets, ensure that your wishes are carried out after you are gone, and reduce the burden on your loved ones. If you have not already done so, I encourage you to speak to an estate planning lawyer to get started with your estate plan.

Ontario Estate Planning: Understanding Non-Probate Assets
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Ontario Estate Planning: Understanding Non-Probate Assets

When a person dies without a will, their assets are distributed according to Ontario's intestacy rules. However, certain assets, such as jointly owned property and life insurance policies with named beneficiaries, are excluded from intestacy distribution. Understanding these exclusions is important for estate planning.