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Login to watch this video if you have a subscription. Learn more about subscriptions.Speculation Tax issues with Land Held Through Trust or Partnership Structures
Braek Urquhart discusses key considerations when land is held through trust or partnership structures, focusing on how Ontario’s land transfer tax and non-resident speculation tax may apply. He outlines how ownership arrangements, such as discretionary trusts or layered partnerships, can unintentionally trigger tax obligations, particularly where foreign beneficiaries or entities are involved. Practical examples highlight how structuring decisions and timing can affect tax liability and compliance.
Power of Sale Refresher
Mitchell Leitman reviews the legal process for enforcing mortgage defaults through power of sale, explaining how it works under Ontario’s Mortgages Act. He highlights notice requirements, timing rules, and recent case law to show how technical errors can lead to challenges. The discussion emphasizes the importance of fair market value and proper documentation throughout the process.
An adopted Ottawan, Mitch Leitman has practised in the Nation’s Capital for fifteen years, following his early years in Toronto. Mitch’s practice concentrates on real estate (both commercial and residential), corporate, commercial and financing transactions, leasing and trust and estate planning. He advises and assists his clients on all types of real estate and commercial transactions including the purchase, sale and financing of commercial and residential properties, land development and commercial leasing as well as the purchase and sale of businesses through the acquisition and/or disposition of assets or shares. Mitch also acts on behalf of borrowers and lenders in connection with all aspects of debt financing transactions.
Braek Urquhart - Braek Urquhart is a Sr. Manager with Deloitte LLP who advises clients regionally, nationally, and internationally on all aspects of GST/HST and other Canadian commodity taxes. Braek currently focuses on advising clients in the real property and the financial services space. Braek is the recipient of the Norman Guerin Award for an outstanding contribution to the advancement of commodity tax studies.
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