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The Empty Home Tax Applied. What now? 

If a property is subject to the EHT and the owner wishes to avoid the tax, the owner may:

    • Become a landlord by renting the property for a minimum of six months of the year, in periods of at least 30 consecutive days (i.e. a month to month or fixed tenancy agreement);
    • Enlist a property management firm to rent the property for the required duration, or consider a lease with a company (e.g. a business who has employees who work periodically on Vancouver, or a film company) who can sublease or license to individuals who will occupy the home for at least 6 months of the year for periods over 30 days;
    • Invite a family member or friend to occupy the property as their principal residence for at least 6 months of the year. If the owner has a family member or friend occupy the unit, they do not have to pay rent but a rental agreement should be entered into confirming the terms of the tenancy and the occupier must occupy the property as their principal residence for at last 6 months of the year;
    • Keep the property as-is and pay the EHT; or
    • Sell the property.
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New Foreign Entity Tax 

On February 20, 2018, the province increased the Foreign Entity Tax payable by foreign entities and taxable trustees to 20% on transfers of residential properties registered on or after February 21, 2018, and expanded the areas to which the tax applies from the Regional District of Greater Vancouver to:

  • Capital Regional District (Victoria and Islands)
  • Fraser Valley Regional District
  • Regional District of Central Okanagan
  • Regional District of Nanaimo 

The additional property transfer tax doesn’t apply to properties located on Tsawwassen First Nation lands.

Transitional Rules 

If the property is located in the Capital Regional District, Fraser Valley Regional District, Regional District of Central Okanagan or Nanaimo Regional District and the property transfer is registered on or after February 21, 2018, there are two instances where the additional property transfer tax does not have to be paid.

  1. The additional property tax does not have to be paid where the registration of the transfer occurs on or before May 18, 2018 and the property transfer is subject to a written agreement dated on or before February 20, 2018. (Note: If the written agreement is assigned to a foreign entity or taxable trustee on or after February 21, 2018, the additional property transfer tax must be paid.) 
  2. The additional property transfer tax does not have to be paid where the registration of the transfer occurs at any time, where the property transfer is:
  1. subject to a court order dated on or before February 20, 2018;
  2. subject to an Order Nisi of Foreclosure dated on or before February 20, 2018;
  3. subject to a separation agreement which was signed on or before February 20, 2018;
  4. from the personal representative of a deceased’s estate to the beneficiary and the death of the deceased occurred on or before February 20, 2018; or
  5. to a surviving joint tenant when the death of the deceased occurred on or before February 20, 2018

 

The additional tax is payable on the interest acquired by the foreign entity or taxable trustee, and applies only on the residential portion of a property: There are three types of properties where this may occur:

  1. Property classified as residential (Class I) by BC Assessment. You pay the additional tax based on the fair market value of the full property. 
  2. Property classified as farm land by BC Assessment that includes a residential improvement, such as a building used as a farmer’s home. You pay the additional tax on the value of the residential improvement plus 0.5 hectares of land (1.24 acres).
  3. Property classified as commercial by BC Assessment that includes a residential improvement (Class I), such as a condo in a building with commercial space. You pay the additional tax on the value of the residential improvement.

Residential Property 

As stated above, the Foreign Entity Tax will be triggered by the registration of a transfer of “residential property” to a foreign entity or taxable trustee.

Residential property includes:

    • any lands or improvements that are classified as “Class 1 property” by the BC Assessment Authority
    • not only single-family residences but also multi-family residences, apartments and condominiums
    • undeveloped lands that are classified as Class 1 property by BC Assessment. Nursing homes, cooperative developments, farms and senior residences are also included in Class 1.

The Foreign Entity Tax is payable with respect to any registered transaction that attracts PTT, including the transfer of a fee simple interest in land or a registered lease with a term longer than 30 years.

Foreign Entity 

A “foreign entity” includes both a “foreign national” and a “foreign corporation”. A “foreign national” means a person who is neither a Canadian citizen nor a permanent resident at the time of registration, and includes a stateless person.

Foreign Corporation 

For purposes of determining which corporations are “foreign corporations”, the new rules adopt the “de facto” control test in section 256 of the Income Tax Act (Canada)(”ITA”).

De facto control occurs where a person or group of persons has a clear right and ability to affect the composition or decision of the board of directors of the company, or can directly influence the shareholders of a company that can elect the board of directors.

A foreign corporation includes a corporation that is not incorporated in Canada, a corporation that is incorporated in Canada (including BC) but is “controlled” in whole or in part by a foreign national or foreign corporation, unless the shares of the corporation are listed on a Canadian Stock Exchange, and a corporation which is controlled directly or indirectly by a foreign entity (Section 256 of the Income Tax Act).

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Astoria 751 Fairfield Rd - Condo  Victoria BC
Executive Living with Incredible Views! Experience the best of Victoria's downtown lifestyle in the sought after Astoria! Sun-filled easy care 2BR 2bath w-new hardwood-look flooring, stainless appliances, warm cabinetry, granite counters, in-suite laundry & fresh modern paint scheme! Dramatic picture windows capture the beauty of OCEAN, snow capped MOUNTAINS, and the ever inspiring architecture of the Parliament Buildings & historic St. Ann's. TWO covered Balconies exquisite SOUTH facing exposure. Pets, rentals, all ages & BBQs welcome! Secure underground parking, & modern fitness room. A quick stroll to the bustling Inner Harbour, historic Beacon Hill Park, Royal BC Museum & Parliament buildings. Zoned for vacation rentals.
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636 MONTREAL St - Harbourside Victoria BC

Beautifully maintained oceanfront condo at "Harbourside", surrounded by shimmering ponds that front on to the David Foster Walkway around Victoria's Inner Harbour. This fabulous home enjoys spectacular indoor/outdoor living with a sun-filled, west-facing 480 sq ft patio at water's edge. Showcasing 2 sizable bedrooms (well separated & each with ensuite), gourmet kitchen (radiant in-floor heat) with eating nook and tidy workstation, dining area, living room with cosy fireplace & custom built-ins, each room delights in the scenic views where sailboats, kayaks, canoes, harbour ferries, seaplanes and more become the fabric of vibrant harbour living. The master suite features 2 walk-in closets and a spa-inspired ensuite with double sinks & grand shower. Separate storage and bike room in secure underground parking. Pool & fitness membership privileges at adjacent Coast Hotel, 10 minute walk to downtown, BC Museum, galleries, Fisherman's Wharf & Beacon Hill Park.Victoria living at its finest.


For more information please CONTACT US.

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3010 Washington Ave - Condo Victoria BC

This condo is located on the quiet side of the building with the covered deck overlooking the courtyard. The bedrooms are nicely separated and away from the open concept living/dining area. The kitchen has a large pocket window so that the chef can stay involved in the conversation in the living room. The 1994, quiet, remediated building has no age restrictions and BBQ's & small pets are allowed. Located in an outstanding area, it is walking distance to the picturesque Selkirk Trestle where you can enjoy GLO restaurant and it's outstanding patio. Easy access onto the Galloping Goose Trail. Close to shopping, amenities and major bus routes. (F/S/DW/W/D & Gas Fireplace) In-suite laundry room with additional room for storage, one secured underground parking spot and lots of street parking for a second vehicle, plus additional storage in underground parkade.


For additional information please CONTACT US.

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Evergreen Hill - 1188 Yates St

BEAUTIFULLY UPDATED & JUST STEPS TO DOWNTOWN VICTORIA. Welcome to Evergreen Hill - this well maintained & professionally managed building is ideally located within easy walking distance to everything vibrant Victoria has to offer including the inner harbour, boutique shopping, yoga, theatres & fabulous restaurants. This south/east corner unit is bright, airy & incredibly spacious with generous room sizes & an open, social layout. This unit has undergone a complete & very high-end transformation inside including in-suite laundry, top of the line Torly cork flooring (hypo-allergenic, soft under foot, waterproof & 25 year warranty!), two tasteful & newly renovated bathrooms with lovely tile work, custom kitchen & bathroom cabinetry, stone countertops & stainless appliances. The building has had recent exterior paint, new boiler & new torch on roof. Common features: bicycle storage, work bench area for home projects, rec room & garden beds! No age restrictions and two pets welcome!



For more information please contact us.

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1061 Fort St - Mosaic Building Victoria BC
Want to live in an affordable downtown apartment? Want to live and work at home? Want to turn the key on a low maintenance home owner lifestyle? Then you’ll want to see this funky studio condo in the Mosaic building on Fort Street! This bright live/work condo has floor to ceiling windows, wood laminate flooring and is freshly painted. Efficiently designed corner kitchen with fridge, stove and small dishwasher. Stay warm and cozy in front of a gas fireplace, or tuck yourself into the raised sleeping nook set off from the living area. Four piece bathroom with subway-tile tub/shower surround and natural stone tile floors. Adjacent in-suite laundry closet. This unit is on the east side of the building and enjoys morning sunshine and privacy. Rentals and pets permitted, bike storage and storage lockers located in basement level. All of this in a stylish seismically upgraded steel and concrete building!

 

For more information on any unit in this building please CONTACT US.

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760 Johnson St - The Juliet - Victoria BC

Location! Location! Who needs a car when you live in the heart of Victoria’s vibrant downtown district, set amongst the many restaurants, theatres, cafe's and entertainment. Glorious amount of natural light with two walls of windows PLUS a private deck with room for a BBQ & seating! Contemporary kitchen, s/s appliances, under cabinet lighting, dark cabinets, white quartz counters & tile backsplash. Spa bathroom, vessel sink, luxurious soaker tub with rain shower head. Gleaming dark stained engineered hardwood floors, tiled entry hall, bathroom and kitchen. BONUS FEATURES: Transient zoning allows Airbnb, short or long term rentals, spectacular roof top garden with outdoor kitchen & several seating areas, custom closet upgrade + built-in cabinet in the bedroom, separate storage locker on the same floor, insuite laundry, large entryway with closet, car share, bike storage, pets permitted. Measured at 595sqft, Strata Plan at 562sqft.


Click on the LINK to find the latest list of all Condos for Sale in the Juliet.


Contact us for more information on this listing. 

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930 Yates St - Manhattan Building - Victoria BC - BOSA Development

Bright South West facing suite at the Manhattan! Centrally located in Vibrant Downtown Victoria this is a Steel & Concrete BOSA Built High Rise. Updated & freshly painted this unit is stylish but still a wonderfully cozy 1 bedroom. Features include: 7th floor views overlooking the city & towards the Sooke Hills, a roomy open plan, large picture windows offering tons of natural light & in-suite Laundry. Enjoy long summer days capped by superb sunsets on the extra large balcony. A well run building with onsite caretaker, exercise room + guest suite. LOW Strata Fees PLUS it's RENTABLE & has NO AGE RESTRICTIONS which is good for resale. AND PETS ARE WELCOME!!!! Everything you need is within walking distance. Across the road from the Market on Yates, London Drugs, Starbucks, movie theatres & a hot restaurant/shop or coffee shop on every corner in any direction. Just step outside & enjoy life from your dapper new condo. Click the media icon for 3D tour & floorplans & CALL TODAY TO VIEW!


Please contact us for more information on this unit. CONTACT US.

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Buy a Waterfront Property in Saxe Point Esquimalt - Victoria BC

Fabulous Saxe Point Waterfront Home! This completely restored 1928 character 4 bedroom/3bath home exudes luxury, from the breathtaking views & water access to the high end, modern finishing perfectly mixed with historic roots. Step inside the open concept main living & dining area w/stunning cork flooring, a gorgeous custom kitchen w/ SS appliances including a gas range, Quartz counters/eating bar, wine cooler, custom built-in cabinetry surrounding a cozy, wood burning fireplace w/ access to a lovely deck. 2 bedrooms, a 2 piece powder room & main floor laundry complete this level. Upstairs you will find an incredible Master Suite featuring the original 1927 clawfoot tub, built in cabinetry & balcony as well as another bedroom & 3 piece bath. The low maintenance yard provides easy water access to swim, kayak, or just explore the tide pools. Walking distance to Saxe Point park, shops, recreational centre, & bus routes. This home is the perfect place to relax!


For more information please CONTACT US.

 

Brokerage: Royal LePage Coast Capital - Oak Bay

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Saanich - Garden Suite Study 
From the District of Saanich:

Public engagement for the Garden Suite Study in Saanich is underway and we are organizing a technical workshop for industry stakeholders to inform the development of prospective regulations. We are looking for individuals with specific qualifications to participate in the workshop and I am emailing to request your help to get the word out. If you can, please distribute this email to your networks and memberships. 
 
Saanich Garden Suite Study Technical Workshop details:
 
Who:
People with specializations in architecture, building/construction trades, contracting, developing, engineering, planning, real estate and property management.
 
When:
Thurs, Jun 7, 2018 at 11 am to 2 pm (Lunch to be provided)
 
Where:
Greek Community Centre 
 
*Pre-registration is required and space is limited. Before Wednesday, May 16 please confirm your participation by email to megan.squires@saanich.ca. In your email, please also indicate your area of expertise/specialization.
 
Background on the Study
The purpose of the Garden Suite Study is to explore community support for garden suites and to investigate potential regulatory changes to permit garden suites in Saanich. The study involves many opportunities for public engagement. To date there have been two open houses (March) and a community survey, which resulted in over 1100 completed surveys.   
 
The project website is the place to go for information and to sign up to receive notifications. 
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TD Bank is offering an aggressively discounted variable mortgage rate of 2.45%—which is 1.15% below its prime—but are there better deals out there?


The bigger question to ask is...should I go variable or fixed?

 

I personally go variable and the reason being :

 

- The penalties are lower in case you want to sell your property or flip it

- You have flexiblity and you can always fix your rate if you are worried of rates going up

- You get a better rate than the current 5 year fixed rate.

 

I personally have always done well in Victoria BC, using a variable mortgage product and recommend, only what I would for myself to my clients as well.

 

If you want peace of mind, however then go with the fixed rate all the way but first make sure you do need to sell your property during the term of your mortgage or you will pay big penalties to get out of your fixed mortgage.

 

Any questions feel free to contact us, we love to help. 

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Victoria Day Parade - Victoria BC 2018

Reference from Times Colonist Victoria.

 

• Island Farms Victoria Day Parade — Douglas Street, starting at 9 a.m. ending at 11 a.m.

 

What is the route?

The parade goes down Douglas Street from Finlayson Street (near Mayfair Shopping Centre) to Humboldt Street.

What is there to see?

There are more than 100 entries in all. There will be floats, but the big draw for many are the the marching bands from Victoria, Canada and the U.S.

What else?

There will be a flypast by a Sea King helicopter from 443 Squadron at 8:55 a.m. and F-18 Hornets at 8:58 a.m., and there’s a 21-gun salute at 1 p.m. And check out Centennial Square, which will have bouncy castles, a climbing wall, balloons and performances from 10:30 a.m. to 3:30 p.m.

Be prepared!

You might appreciate a chair or blanket to sit on, along with water and snacks. The weather forecast is calling for sun, making a hat, sunscreen and sunglasses essential, but it never hurts to be ready for rain as well (this is Victoria, after all).

What if I don’t want to leave the house?

No problem! Victoria Buzz is live-streaming the event (we’ll have it on our site, too), CHEK is broadcasting it on television, and we'll have coverage on our website and in Tuesday's newspaper.

What about parking?

Parking will be free at the five city-owned parkades and at on-street meters on Sunday and Monday. On-street parking will not be available along the parade route.

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I have sold a property at 2 235 Island HWY in VICTORIA
I have sold a property at 2 235 Island HWY in VICTORIA.
Beautiful surroundings and only a 5 minute walk to oceanfront this 3 bedroom + office home has so much to offer. Featuring quality amenities, great floorplan, an open concept kitchen, quartz counter tops, heated tiles, edge grain fir cabinetry, cedar soffits, vaulted 16 ft ceilings, ceiling fans, multiple decks, high quality hardwood and tiles, additional 4th floor storage (approx. 200 sqft, den option), 2 parking spots and ample local greenery. Ideal for any family. Whether you are just starting a family or looking to downsize. Great location and great value.
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Slower start to spring does not signal lower prices for Victoria real estate market

A total of 774 properties sold in the Victoria Real Estate Board region this April, 12.5 per cent fewer than the 885 properties sold in April last year, but a 12.5 per cent increase from the month previous. The sales of condominiums were down 21.6 per cent from last year in April with 225 units sold. Single family homes were 8.1 per cent down from the year previous with 420 sold this April.

"We're now into the spring real estate market, which is traditionally the busiest time of the year for buying and selling homes," says Victoria Real Estate Board President Kyle Kerr. "Last year, the months of May and June were the busiest, so we may see this pattern again but on a slightly smaller scale than last year, since our sales for the year thus far are down about 18 per cent when compared to 2017. Although January to March was quite far behind last year's pace, we may see that margin get smaller as we progress through the spring months and people adjust to the new mortgage qualifying rules."

There were a total of 2,002 active listings for sale on the Victoria Real Estate Board Multiple Listing Service® at the end of April 2018, an increase of 13.4 per cent compared to the month of March and 18.5 per cent more than the 1,690 active listings for sale at the end of April 2017.

"We continue to see low inventory in our market, and good homes in desirable locations are still seeing multiple bids," adds President Kerr. "One interesting development we are tracking is the increase of prices in a market of fewer sales. Part of the reason for this is that there is strong pressure on lower-priced properties. After the new mortgage rule changes this year, many consumers have seen a reduction in their buying power, so more are competing for lower-priced properties and in multiple offer situations, pricing is pushed up. Our area just doesn't have the supply or mix of homes needed to meet the demand. We are working with government at all levels to identify ways to meet this demand in the CRD."

The Multiple Listing Service® Home Price Index benchmark value for a single family home in the Victoria Core in April 2017 was $800,100, while the benchmark value for the same home in April 2018 increased by 8.3 per cent to $866,700, higher than March's value of $859,400. The MLS® HPI benchmark value for a condominium in the Victoria Core area in April 2017 was $418,200, while the benchmark value for the same condominium in April 2018 increased by 18.4 per cent to $495,100, which is higher than March's value of $490,000.
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SELLER’S RESPONSIBILITY TO REMOVE JUNK AND DEBRIS

 

The Standard Contract of Purchase and Sale does not contain any specific provision requiring a Seller to clean or remove unwanted items from a property on or by any certain date.  While most Sellers are respectful and motivated to remove their personal belongings from their property prior to the Possession Date, there are certainly instances when Seller’s simply leave the property in an unclean state with garbage and other refuse remaining on the property.  Case law may only require that a property be empty of chattels where these would substantially prevent or interfere with the enjoyment of the right of possession over a substantial part of the property. 

 

In order to ensure Sellers remove unwanted items and leave the property in a clean state, we would suggest the following clause be considered in addition to the Standard Contract of Purchase and Sale:

 

“The Seller warrants that they will remove all refuse and chattels from the Property (other than included items set forth in clause 7) before the Possession Date and they will leave the Property in a reasonably clean condition. The Seller will indemnify the Buyer for any costs that result from a breach of the foregoing provision.”

 

Of course, in some cases where a potential problem is foreseeable regarding this issue, then you may also want to consider a holdback provision as further security.

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I have sold a property at 1 1464 Fort ST in VICTORIA
I have sold a property at 1 1464 Fort ST in VICTORIA.
Discover this wonderfully unique & spacious 1519 square foot townhome in a central location. You will LOVE being walking distance to Downtown, Rockland, Fernwood & Oak Bay Ave with all possible amenities, parks & great schools. This 3 bedroom (one bedroom is a loft), 2 bathroom unit is offered over 3 levels and feels like a single family home. The main level features an updated kitchen with stainless steel appliances, open living room/dining room areas with dramatic cathedral ceiling, wood burning fireplace, real hard wood floors & spare bedroom/office. The upper level includes a loft style master bedroom with skylight, updated bathroom and 3rd bedroom. The lower level features a bonus family/flex area, laundry room with storage, and access to the large side patio. Roofs recently done. The unit faces and is accessed on Elford Street. This is a delightful town home with a strata that allows families & pets. It's an amazing package!
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