Do non-residents pay UHT on a quarter-share?

I own a quarter-share in Whistler, do I pay Underused Housing Tax (UHT)? Yes! The quarter-share property has one freehold title, which is divided into four shares termed sub-leases. The non-resident owner of each quarter-share must use the property for 28 days to avoid paying a penalty.

Now this is where it gets interesting. Should one of the owners buy out one or more of the other three sub-lease owners in the same title or deed, the UHT requirement for that person stays at 28 days. For example, 101 A, B,C, and D, the owner of Unit 101 A and B is now the same non-resident. But, only 28 days of usage is required not 2 x 28.

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Do non-residents pay UHT on phase 2?

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Yes! Phase 2 properties can be identified by the hotel name attached to the building, for example, the Westin. These are business income properties and for non-residents, the 28 days of use still applies to avoid the 1% UHT penalty.

The benefit of a phase 2 over a phase 1 is that you can use your phase 2 for up to 56 days and then rent out the rest of the year. Whereas the owner of a phase 1 property is up to 35 days of legal usage, and then must rent it out the rest of the year, if they are renting it out at all. Now that’s 3 weeks of legal use difference.

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Can a non-resident put the deed in an LLC?

Home » Non-Resident of Canada

No. The LLC arrangement for business ownership is not offered in Canada. In Canada a holding company, or Holdco is a firm that exercises control over any asset class. A Holdco earns money by collecting dividends.

For Canadian mortgages in a company name the company has to be registered in British Columbia. This is a holding company and everyone who is a shareholder personally guarantees the mortgage.

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What is UHT for non-residents?

Home » Non-Resident of Canada

The Underused Housing Tax (UHT) Act is the Government of Canada’s way to find out who owns property in Canada, and track usage.

For non-residents the UHT applies to all types of ownership. Therefore, each non-resident owner must file an annual UHT return. The UHT ACT requires a non-resident owner who has their property title in their personal name to use the property for 28 days, and if that happens there’s no UHT on the property. The UHT is 1% of the value of the property.

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