British Columbia's red-hot real estate market is under increased scrutiny by the Canada Revenue Agency (CRA), with a staggering $1.3 billion in unpaid taxes identified over the past eight years. This figure is particularly striking considering B.C.'s population is a third of Ontario's, which saw a similar total amount of non-compliance during the same period.
The CRA's focus on B.C. stems from a dedicated real estate task force established in 2019. This task force has resulted in a significant uptick in audits, reassessments, and penalties levied against individuals and entities involved in the province's real estate sector.
What Issues Did the Audits Uncover?
The audits targeted a wide range of activities, including:
- Improper Use of Principal Residence Exemption: Some sellers were found to be illegitimately claiming this exemption, which reduces or eliminates capital gains taxes on a property sale.
- Unreported Capital Gains: Investors failing to report profits from property sales were identified.
- Foreign Ownership and Investment: The CRA investigated non-residents investing in Canadian property and neglecting to report capital gains.
- Hidden Ownership Structures: Some audits exposed attempts to mask the true owners of properties through complex share transfers and corporate structures.
- Activities of Builders and Realtors: The CRA looked into potential non-compliance by those involved in building and selling properties.
Income Tax Evasion
While Ontario's non-compliance issues centered on unpaid GST/HST on new homes and improper rebates, B.C. painted a different picture. Here, income tax evasion was the dominant theme.
The CRA identified a staggering $957 million in income tax-related non-compliance in B.C. real estate, compared to just $178 million in Ontario. This suggests a significant portion of B.C.'s real estate activity may involve unreported income or profits.
Some potential areas of income tax non-compliance identified by the CRA include:
- Expensive property purchases made by individuals with seemingly insufficient income sources.
- Profits from frequent property flipping not being declared as business income.
- Capital gains on property sales going unreported, including by non-residents of Canada.
- Unreported income earned outside of Canada.
- Non-compliance by real estate professionals like realtors and developers.
The exact breakdown within these categories remains undisclosed by the CRA to protect taxpayer information and maintain the effectiveness of their risk assessment strategies.
Impact and Future Implications
The increased focus on real estate taxation is a positive development, according to experts. Professor Tom Davidoff of UBC's Sauder School of Business suggests this crackdown, while unlikely to significantly impact housing affordability, recovers "real money that belongs back where it belongs."
Davidoff's earlier research on Greater Vancouver's luxury home market indicated a concerning trend: a low correlation between property values and income taxes paid by owners. This suggests these properties might be funded by wealth sources outside of Canada's taxed earnings. The recent CRA findings seem to align with these earlier concerns.
While the real estate industry associations haven't reported any feedback from members regarding the increased CRA activity, Canadians for Tax Fairness applauds the agency's efforts. They emphasize the importance of ensuring compliance and adequate funding for the CRA to effectively enforce tax laws.
This focus on B.C. real estate taxation is likely to continue. With increased audits and stricter enforcement, those involved in the sector should ensure they comply with all tax regulations.
Sources: North Shore News
