Do you need an LAQC for your rental property?

Housing Market Written by John Bolton, Apr 10 2009

To determine the answer to this, you need to know the two main differences between owning your rental property in your personal name and owning your rental property in an LAQC:

  • If a rental property is owned in your personal name(s), any tax loss is allocated to the owner(s) of the property.
  • If a rental property is owned in an LAQC, any tax loss is allocated to the shareholders of the company.

If you and your partner own your rental property jointly, any tax loss must be split evenly between you both even if one of you has no other income to offset that loss against. If your partner earns quite a bit more or less than you, then an LAQC with 100% of the shares held by the person earning the most will provide a real benefit. If you’re a single person who has a rental property, this won’t provide any benefit to you. Interest on a loan is only tax-deductible if that loan has been used to purchase a rental property. If you purchase a new home to live in and decide to rent out your old home, it’s likely that you could end up with loans over both properties with only the loan on the rental property being tax deductible. In order to transfer the loan from your new home to the rental property, the rental property would need to be transferred to an LAQC. If you are in this situation, this can provide some real benefit to you. Talk to a knowledgeable accountant for more advice on your personal situation.

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