Private Mortgage Lending & Tax Implications for Canadians

Private Mortgage Lending & Tax Implications for Canadians

Moncton, New Brunswick · Member since 2012 · 3 posts · 0 votes

I am a Canadian real estate investor doing business with the United States but reside in Canada. I want to wire money from my United States business bank account to my attorney's trust account in the United States. My US business account is with the TD Bank in the United States just over the border. The TD tells me I need to be "physically present" at the branch in order to wire transfer funds within the United States. I am expecting to do wire transfers at least 6 or more times in a year. I need to find a cost effective, time saving way of doing these wire transfers.

There has to be an easier way than to drive 3 1/2 hours across the border to do this in person isn't there? Could I contact an attorney in the state where my account is located and see if they would act as my representative to do the wire transfer on my behalf? I guess it would depend on what the attorney would charge to do this?

"Or", I could transfer money from my Canadian account into my US bank account in Maine. Then have the attorney do the transfer "as my representative"? But this is very expensive to do and not cost effective. Is it important for taxation reasons that this money flow originate from my United States bank account or could I just write the check out of my personal account here in Canada and Fedex it down to them? Probably not a wise idea due to tax implications right?

Also, what is the most tax efficient way to structure mortgage lending from a Canadian perspective or is this something I should ask a Canadian Accountant? What is the best to loan money to my US LLC?

I could write the check from my personal bank account and show it as a loan to the company etc.? Many questions, lots of unkowns! Thanks folks for your valued input. :)

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  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    First I know nothing about Canadian taxes.....see your accountant.

    Yes, you can use, Special Power of Attorney, I suggest you use one for each withdrawl and put the amount in the POA limited for a day or couple days. You may be required to add them to the signature card of the account if your really trust them, say your attorney. If someone else has signature authority they could then transact business on that account. :)

    BTW, better check into our lending laws, rather complicated and you'll need a license as an LLC business type lender. I suggest you see a US attorney in the state you want to do business in. You'll be subject to taxes here and will need to issue 1099 for interest paid/earned. Get with another broker and look into it. It might be better going through an established broker here, it would be alot easier...Good luck!

  • Moncton, New Brunswick · Member since 2012 · 3 posts · 0 votes
    14y

    Bill, great feedback. Looks like I have lots of homework to do, thank you!

  • Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
    14y

    Contact a US tax attorney who is familiar with the US Tax Treaty with Canada. There are probably special tax treaty provisions in play when money crosses the border.

  • Moncton, New Brunswick · Member since 2012 · 3 posts · 0 votes
    14y

    Yes, good idea. For the benefit of everyone and Canadians I'll post on here what I find out when I get to the bottom of it. Thanks.

  • Lender · Los Angeles, CA · Member since 2009 · 1k+ posts · 2k+ votes
    14y

    There are at least two issues when wiring money internationally, Terry Price: 1) Who to use and 2) What exchange rate will you get. Often, once they have your money, the institution you wire to will give you an awful rate. You can use XE.com to wire money internationally in a variety of currencies.

    XE will give you an exact quote so you know exactly how much to send and their rates are very competitive. Then you wire your money to them and they wire it to whomever you want in whatever currency is necessary. They also happen to be based in Canada but this shouldn’t matter. Alternately, your Canadian bank should be able to wire US dollars to any US institution. Just make sure you get a quote in advance. The process is very simple and there’s no need to play a shell game with intermediary banks or attorneys, even though I know you’re doing all of this legally. That is, don’t overthink it.

    I can’t tell specifically what you’re doing but if you intend to loan money, you might call the title company or attorney working the closing to see if they’ll accept an international wire. You also ought to talk to a Canadian tax advisor and attorney. Real estate loans are generally regulated by each US state so you’ll need an attorney licensed and knowledgeable about lending in that state and as well as a local accountant who’s preferably a CPA or enrolled agent. Be careful taking internet advice about licensing or entities. These are really state specific requirements and few will know better than local professionals.

    I suspect your problems have been solved 1000 times over if you’re loaning in a border state with Canada, and I bet you'll find professionals with the necessary experience here. Alternately, you could probably loan thru a local hard money lender with related experience. Good luck.

    Jeff

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