David A. Altro Interviewed on CBC’s The Lang and O’Leary Exchange



David A. Altro was interviewed by Amanda Lang and Kevin O’Leary live on CBC’s national talk show, The Lang and O’Leary Exchange, on Wednesday, December 14th, 2011.

David discussed the demand for U.S. property by Canadians due to the market trends of low property prices and the high Canadian dollar.

He warned viewers of the potential pitfalls for Canadians buying property in the U.S. such as owning the property in the wrong structure or title, U.S. estate tax and probate procedure.

He also explained the upcoming changes to the U.S. tax laws and various tax rates and how a Cross Border Trust can help to reduce tax exposure and avoid double taxation.

Click here to watch the program. Fast forward to 47 minutes into the program to watch David’s interview.

David A. Altro interviewed by the Toronto Sun


U.S. property investment pitfalls easy to overcome

SHARON SINGLETON, QMI Agency
The Toronto Sun
November 10, 2011


A growing number of Canadians are tempted by property bargains in the U.S., but are being put off by bad information about the possible tax pitfalls, according to David Altro, a lawyer and author of a book on the subject.

The baby boomer generation is looking for a warm place to retire and being lured by property at bargain-basement levels, making Canadians the biggest foreign investors in U.S. real estate.

“I wrote this book because there is a lot of mis-information out there for Canadians wanting to buy or move to the U.S.,” Altro said, whose Owning U.S. Property The Canadian Way is now into its second edition.

Much of it revolves around the potential tax bill and bureaucratic headaches for family members trying to sort out the estate upon the death of the property owner.

Altro said a lot of these problems can be avoided completely by setting up an irrevocable cross-border trust. That will help provide protection from creditors for your children and get around expensive U.S. laws on probate.

Similarly, placing your property in a trust is also beneficial if either you or your spouse becomes incapacitated. Under U.S. law, if one person becomes incapacitated the property can effectively be frozen and will require a series of costly headaches to un-freeze.

“A trust can’t become incapacitated,” Altro said.

Many property advisers recommend setting up a corporation to hold and manage U.S. property assets, though Altro said that is not tax effective.

Capital gains on a cross-border trust are taxed at about 15%, compared with a rate of more than 40% for corporations in Florida.

Although there are fees involved with setting up such a trust, Altro says “they are very small” compared with the costs of a potential tax bill or legal help to sort out problems once they have occurred.

There may be another upside for Canadians wanting to buy U.S. property. If they choose to become U.S. residents their income tax bills will drop substantially. Altro said the maximum U.S. income tax is 35% and that kicks in on earnings of more than $375,000. In Canada, the high rate is 46% on income of more than $125,000.

But for many that requires obtaining an elusive Green Card. A bill put forward by two U.S. senators eager to promote further investment in the country’s sagging real estate market may put a visa within reach.

The bipartisan proposal put forward last month would grant a visa to foreigners spending at least $500,000 on residential property.

Residential sales of U.S. properties to foreigners and recent immigrants totalled $82 billion in the 12-month period ended March 31, up from $66 billion the previous year, according to the National Association of Realtors. California accounted for 12% of those sales, second only to Florida.

David A. Altro featured on Droit Inc.


Investissements immobiliers aux USA: la bonne méthode, selon un avocat

www.droitinc.com
Par Agence QMI
Le 14 novembre 2011


C’est le point de vue de David Altro, avocat et auteur d’un livre sur le sujet. L’ouvrage, intitulé Owning U.S. Property – The Canadian Way, en est à sa deuxième édition.

« J’ai écrit ce livre parce que les Canadiens qui veulent acheter aux États-Unis ou s’y installer sont confrontés à trop d’informations erronées », a-t-il dit.

Selon M. Altro, c’est surtout au sujet des comptes de taxes et des démarches à effectuer dans le cas d’une succession que les informations pertinentes manquent.

Pourtant, les embûches peuvent être facilement évitées, explique David Altro, en créant une fiducie transfrontalière irrévocable. Cette structure permet en effet de protéger les héritiers d’éventuels créanciers et de contourner la réglementation américaine sur les successions, souvent coûteuse.

Mettre une propriété en fiducie présente aussi des avantages si l’un des deux conjoints se retrouve privé de capacité légale. D’après la loi américaine, dans un tel cas, toutes les opérations concernant la propriété sont bloquées et lever ce blocage peut s’avérer particulièrement long et difficile.

« Une fiducie ne peut pas être privée de capacité légale », a expliqué David Altro.

De nombreux conseillers financiers recommandent, pour leur part, de créer une société par actions pour gérer les propriétés aux États-Unis, mais, selon M. Altro, ce n’est pas une solution idéale sur le plan fiscal.

Les profits sur cession réalisés dans le cadre de fiducies transfrontalières sont taxés à hauteur de 15 %, alors que dans le cas d’une société par actions, ce taux peut monter à 40 %, comme en Floride.

Créer une fiducie a bien sûr un coût, a reconnu David Altro, mais ce coût est bien inférieur à ce qu’il faudrait payer en compte de taxes ou pour obtenir de l’aide juridique dans le cas d’une succession, d’une incapacité légale ou de tout autre problème.

Faire des États-Unis son lieu de résidence présente par ailleurs de sérieux avantages fiscaux pour ceux qui veulent accéder à la propriété au sud de la frontière.

Aux États-Unis, le taux d’imposition maximum est de 35%, et il s’applique aux ménages disposant de revenus supérieurs à 375 000 $. Au Canada, le taux maximum est de 46 % et il s’applique à partir de 125 000 $ de revenus.

Devenir résident permanent aux États-Unis nécessite une carte verte, mais ce document n’est pas facile à obtenir. Deux sénateurs américains ont toutefois proposé une loi pour faciliter l’obtention de visas pour ceux qui veulent acheter aux États-Unis. Ils estiment que cela permettrait de stimuler le marché immobilier, actuellement en plein marasme.

Selon cette proposition, déposée le mois dernier à Washington, tout étranger investissant au moins 500 000 $ dans l’immobilier résidentiel pourrait obtenir un visa de résident permanent.

Les ventes de propriétés résidentielles américaines à des étrangers ou des immigrants récemment arrivés aux États-Unis ont atteint 80 milliards $ pour la période de 12 mois achevée en mars 2011, comparativement à 66 milliards $ pour la même période de l’année précédente, selon l’Association nationale des agents immobiliers américains.

To read this article in English, please click here.

David A. Altro featured in the Globe and Mail

There’s no place like a second home for wealthy investors

AUGUSTA DWYER
The Globe and Mail
November 18, 2011

As wealthy foreign buyers snap up more and more luxury homes in Canada, high-net-worth Canadians are similarly showing strong interest in purchasing multimillion-dollar residences abroad. But while their sights were once set on a French château, perhaps, or a Tuscan villa, the trend now is towards buying in the United States.

“We’ve really seen a fall-off in buying in Europe because of all the confusion over the past 12 months or so,” says Don Campbell, president of Abbotsford, B.C.-based Cutting Edge Research Inc. and the author of five best-selling books on real estate investing.

With so much volatility in Europe, especially in Spain, Portugal and Italy, “people don’t know in which direction the market is heading, or the direction of the potential tax implications,” he says. France has just added a new tax on foreign property owners, and the market in Dubai “is getting hammered,” he explains.

Currency fluctuations can cause real estate values to plummet in real terms, while economic woes often leave European governments with little choice but to raise taxes on properties belonging to the super rich.

As a result, says Mr. Campbell, there’s a lot of confusion about where high-net-worth individuals should buy that second property. Hence the popularity of buying in the U.S., where as Mr. Campbell says “you know what you’re getting”.

Other destinations of choice right now are stable tropical nations, such as Costa Rica and Panama. But, he says, “No.1 is the U.S. There’s no question about that.”

The financial incentives for buying luxury residences south of the border are obvious. “They’re at a historic low in terms of pricing,” said Chris Potter, a partner in the Toronto PricewaterhouseCoopers real estate practice.

Lawyer David Altro, author of Owning U.S. Property: The Canadian Way, also finds high-net-worth Canadians are increasingly attracted to real estate prospects south of the border. He says his clients in the eastern part of the country tend to buy in south Florida, while those in the West are eyeing properties in exclusive California cities such as Palm Springs, Desert Palms and Rancho Mirage, or in Hawaii.

The main reasoning behind such preferences is ease of access. Direct and relatively short flights mean less stress and hassle in travelling back and forth between Canadian and U.S. homes.

“They are also liking those areas because they have health care there, too,” he says. “But the bottom line is, we like to go south in the winter to get out of the Canadian weather and play golf and go to the beach. So no matter what the U.S. real estate market is like, it’s always going to be busy.”

Mr. Altro says many boomers and high-net-worth Canadians are taking up permanent residence in the U.S. With a much lighter tax regime “on a regular annual income basis,” he points out, “we have a steady stream of high-net-worth Canadians who are moving to the States. I have a client in Vancouver, worth about $50-million, and all that invested money in Canada is being taxed at such a high rate. Move to the U.S. and it’s like they have a new annual revenue.”

Hunter Milborne, a partner at Sotheby’s International Real Estate, explains why buying a property needs to be planned correctly. If a Canadian owns a property personally, “they have a fairly onerous estate tax [on inheritances], whereas if you own something corporately or through a trust, then that’s not the case.”

For Mr. Campbell, another issue implicit in owning foreign property is having sound insurance advice. “Being such a litigious country, you better have an incredibly good insurance agent for liability, fire and all the things you need to protect yourself for down there,” he says.

“If you’re buying into a gated community or a high-end condo, check to make sure how many of those properties are actually in use, as opposed to being in arrears, foreclosure or owned by a bank,” he says.

“Because the community still needs money to run … a lot of people who buy into those semi-deserted gated communities because it’s relatively inexpensive, find that their fees and operating costs can start to really go through the roof.”

There are, however, many Canadian multimillionaires opting to simply stay put, keeping the Canadian market in luxury real estate buoyant.

“The real favourite right now is keeping money in your hands and in your own country,” says Mr. Campbell, “especially with the global confusion that’s going on, and economic and political confusion in the U.S.”

David A. Altro interviewed by BuzzBuzzHome.com



BuzzBuzHome.com, a website that is, “focused on cataloguing all new residential projects in Canada, connecting purchasers directly with sellers, and providing social tools that enable collaboration amongst purchasers and industry experts” recently interviewed David for their blog.

Tax law extraordinaire, David A. Altro, teaches us how to own US property the Canadian way


BuzzBuzHome Blog
November 14, 2011

Today we had the opportunity to speak with David A. Altro, the managing partner at the law firm Altro and Associates. With 30 years of experience and offices in several Canadian and American cities, David is the go-to guy for advice if you’re considering purchasing property or moving to the US.

Now we’re sure he wouldn’t mind if you showed up at his office or gave him a call on his cell with your question about purchasing property in the US, but why inconvenience yourself when you could just read the latest edition of his book “Owning U.S. Property the Canadian Way.

In our interview David discusses the important points contained within the updated and expanded second edition and talks about why purchasing property in the US doesn’t have to be a hassle.

This Friday (November 18) there’s a seminar in Toronto at the Westin Prince called “Moving to the US the Canadian Way.” If you’re interested in learning more, you can register for the seminar on the Altro and Associates website.

And now, here’s David!

BBH: Tell us a bit about your firm?

DA: I’m managing partner at the law firm Altro and Associates. We’ve got offices in Toronto, Montreal, Calgary and Vancouver and three in Florida and one in Phoenix.

BBH: How long have you been involved in this industry?

DA: When I moved to Florida in 1982, I got a US law degree and became a member of the Florida Bar in 1984. Since then, I’ve been working in tax and cross border planning. In 1988 I moved back to Canada with my family and continued on. The whole practice grew and grew.

BBH: This is the second edition of your book “Owning US Property the Canadian Way” was just published. When did the first edition come out?

DA: 2009.

BBH: What did you hope to accomplish when you set out to write the initial edition of the book?

DA: I wanted to help demystify the issues people were raising. These issues were causing Canadians to worry about buying US property. The book is meant to help Canadians understand the issues and to plan properly to avoid the problems.

BBH: What’s new in the second edition of the book?

DA: On December 17, 2010, the US signed in a new tax law that affects Canadians. I wanted to explain it and provide new tax planning to avoid the problems. The other reason is a lot of Canadians want to move to the US so I did a chapter on moving to the US “the Canadian way.” On Friday I’m the speaker at a seminar at the Westin Prince in Toronto put on by Cross Border Planning Partners and it’s called “Moving to the US the Canadian Way”.

BBH: Some people might say, considering the economic climate in the US, why is it still a good time to buy property in the US for Canadians?

DA: Because the Canadian dollar is historically low, all the US real estate is on sale and interest rates are very low.

BBH: What are some of the most popular places to invest in the US for Canadians?

DA: Florida is number one. Traditionally, most Canadians go to Florida and Ontarians go to Florida the most. It’s got the ocean and it’s traditionally been a great direct flight down. If you look at Florida, Arizona, California or Texas, all of them have seen the prices come down dramatically.

BBH: What are some common mistakes people make when purchasing property in the US?

DA: Putting the title to the property in their name personally. That leaves them exposed to a few problems. Number one if Florida probate on death. That’s the legal procedure required in Florida when you die to transfer the property to your beneficiary. It’s expensive, time consuming and it freezes the estate. If you put it in a “cross-border irrevocable trust” then it avoids that problem.

The second problem is if you pass away then you may have the US estate tax, but if you have it in trust, the trust doesn’t die. You own the trust, the trust owns the property so upon death, there’s no tax.

BBH: You bring up some “red flags” in the book. What are some of the most important red flags to look out for?

DA: One of the red flags is if you put in a corporation, the red flag is you’re going to have high capital gains tax. Another red flag is if you need financing, you can’t get financing in a corporation. You need to watch out for those type of things. Another one is if you become mentally incapacitated and you have the property in your name personally, you’re going to have to go through a Florida guardianship procedure which can be very expensive. Put it in the trust so these red flags aren’t going to hit you.

BBH: Do you think you’ll keep putting out new editions of the book in the future?

DA: Absolutely! There’s one thing we know about tax law, it’s always going to change. It’s always tied to the politicians, politicians trying to get into power and making new tax plans.

Thanks for chatting with us David!

David A. Altro interviewed for Sun Media



David was interviewed by Sharon Singleton of QMI Agency for Sun Media. The article appeared in the Toronto Sun, Calgary Sun, on Canoe.ca and many other news outlets and law and tax websites.

U.S. property investment pitfalls easy to overcome

Sun Media
Sharon Singleton, QMI Agency
November 10, 2011

A growing number of Canadians are tempted by property bargains in the U.S., but are being put off by bad information about the possible tax pitfalls, according to David Altro, a lawyer and author of a book on the subject.

The baby boomer generation is looking for a warm place to retire and being lured by property at bargain-basement levels, making Canadians the biggest foreign investors in U.S. real estate.

“I wrote this book because there is a lot of mis-information out there for Canadians wanting to buy or move to the U.S.,” Altro said, whose Owning U.S. Property The Canadian Way is now into its second edition.

Much of it revolves around the potential tax bill and bureaucratic headaches for family members trying to sort out the estate upon the death of the property owner.

Altro said a lot of these problems can be avoided completely by setting up an irrevocable cross-border trust. That will help provide protection from creditors for your children and get around expensive U.S. laws on probate.

Similarly, placing your property in a trust is also beneficial if either you or your spouse becomes incapacitated. Under U.S. law, if one person becomes incapacitated the property can effectively be frozen and will require a series of costly headaches to un-freeze.

“A trust can’t become incapacitated,” Altro said.

Many property advisers recommend setting up a corporation to hold and manage U.S. property assets, though Altro said that is not tax effective.

Capital gains on a cross-border trust are taxed at about 15%, compared with a rate of more than 40% for corporations in Florida.

Although there are fees involved with setting up such a trust, Altro says “they are very small” compared with the costs of a potential tax bill or legal help to sort out problems once they have occurred.

There may be another upside for Canadians wanting to buy U.S. property. If they choose to become U.S. residents their income tax bills will drop substantially. Altro said the maximum U.S. income tax is 35% and that kicks in on earnings of more than $375,000. In Canada, the high rate is 46% on income of more than $125,000.

But for many that requires obtaining an elusive Green Card. A bill put forward by two U.S. senators eager to promote further investment in the country’s sagging real estate market may put a visa within reach.

The bipartisan proposal put forward last month would grant a visa to foreigners spending at least $500,000 on residential property.

Residential sales of U.S. properties to foreigners and recent immigrants totalled $82 billion in the 12-month period ended March 31, up from $66 billion the previous year, according to the National Association of Realtors. California accounted for 12% of those sales, second only to Florida.

David A. Altro featured on Alberta Primetime TV and Shaw TV


David A. Altro has been touring across Canada to promote his new book Owning U.S. Property – The Canadian Way, 2nd Edition. He has made appearances on the radio, television, and in print as an expert in cross border tax and estate planning.

Click here to watch the full length interview of David on Alberta Primetime as he takes part in a lively discussion on key topics such as cross border real estate and tax planning.

David was also interview on Shaw TV, view the video below!



Matthew Altro featured in the Montreal Gazette Online



Allison Lampert contacted Matt for his take on this new proposed bill and what it means for Canadians, for the Real Deal business blog on the montrealgazette.com.

U.S. residency could be taxing for Canucks

ALLISON LAMPERT
The Montreal Gazette, Real Deal Business Blog
October 24, 2011

Recent reports that foreign buyers of U.S. homes could one day get automatic visas is good news for Canadian buyers – albeit with one big caveat. The impact of cross-border taxation could make the price of a U.S. residency a lot more expensive than a $500,000 house, experts say.

As a way to bolster the weak housing market, two senators want to give a U.S. residency visa – but not the right to work – to all foreign buyers spending $500,000 or more on American real estate, the Wall Street Journal reported last week.

Canadians are among the largest group of non-Americans buying homes in the United States – accounting for a quarter of all foreign buyers – often in states like Florida that were hard-hit by the housing melt-down. A visa would allow Canadians to reside in the United States for longer than the current six months.

Having to return to Canada after six months is a frequent complaint among Canadian buyers of U.S. homes, said Matthew Altro, chief operating officer of Altro & Associates LLP – a firm specializing in cross-border tax, estate planning and real estate.

“This is not ideal for our clients, or other Canadians who have properties in the United States,” Altro says. “Limiting them to six months a year is a stumbling block. This would be opening a gateway to many.”

But living in the United States for more than six months would also expose them to Canadian departure taxes when they leave the country, along with U.S. estate taxes if they pass away South of the border.

“With proper planning, before you move, many of these problems may be reduced or eliminated,” Altro said.

Indeed the U.S. proposal is not so different from a program that already exists in Canada, observed Peter Goncalves, a financial planner with RBC.

The Federal Immigrant Investor program fast-tracks permanent residency for wealthy individuals who invest in Canadian financial institutions.

“This U.S incentive may want to facilitate the courtship of the same type of wealthy foreigner with the added policy objective of stimulating the U.S. housing market,” he said.

Click here to read Matt’s blog about this important topic!

David A. Altro featured in the Kelowna Daily Courier



David was interviewed by business reporter Steve MacNaull of the Kelowna Daily Courier. The article ran in The Okanagan Saturday on October 22, 2011.

Please click here to view the article in PDF format and scroll down to read the complete article below.

Cross-border real estate simplified
Owning U.S. property need not be as complicated as it may seem says author and tax expert

STEVE MacNAULL
The Okanagan Saturday
Saturday, October 22, 2011

They are called cross-border lifestylers. Or sun belt buyers or snowbirds, if you will. They are the Canadians who purchase vacation and investment homes in the southern U.S. to beat our Great White North winters and make some rental income and equity on the side.

“With the perfect storm we’re having right now there’s more of them than ever,” said Montreal-based buying-in-the- U.S. expert and tax lawyer David A. Altro during a stop in the Okanagan this week.

“Real estate prices in the U.S. are depressed, representing great deals for Canadians, plus the loonie is high.” That means Canadians are not just buying a property they will use for vacations, but rent out when they aren’t using it to generate some income.

Other Canadians are buying five to 10 U.S. homes at a time and renting them out full-time to pull in even more revenue. Altro is the author of Owning U.S. Property The Canadian Way, the managing partner at Altro & Associates in Montreal, and works in conjunction with lawyers at Altro firms in Toronto, Calgary, Vancouver and in U.S. sun belt destinations Phoenix, Arizona and Fort Lauderdale, Sarasota and Naples, Florida.

“Buying U.S. property is not complicated,” pointed out Altro, who led a seminar organized by Royal Bank for 200 people at the Best Western Inn in Kelowna. “But you have to do it right to protect yourself and pay the least amount of taxes.”

Altro’s speaking tour also brought him to Vancouver, West Vancouver and Victoria.

Altro’s answer to almost every question about buying a vacation, second or investment home south of the 49th parallel is ‘cross-border trust’.

“The key is not to put the U.S. property in your own name nor a Limited Liability Company (LLC), (but) put it in a cross-border trust,” he stressed.

That way when you pass away, your estate avoids probate (the lengthy and costly U.S. legal process of dealing with claims on and distribution of estates).

A cross-border trust also allows your estate to avoid U.S. state and death tax.
A trust also means you pay the lowest capital gains tax if you decide to sell your U.S. property.
And a trust also means if you have rental income you pay only U.S. tax on it.
You declare the income in Canada as well, but don’t have to pay tax in Canada because the trust prompts a foreign tax credit.

“If you own a U.S. property in your own name, you open yourself up to probate of your estate, state and death taxes, higher capital gains taxes and paying double (in both Canada and the U.S.) taxes on rental income,” said Altro.

Altro stressed he is not a real estate broker, he leaves that job to the U.S. representatives who show Canadians condominiums, townhouses, homes, villas and land in snowbird states like California, Arizona, Texas and Florida. “But I can advise on purchases and identify all the tax issues and implications,” he said.

“I can also advise on inspection clauses and title issues. It’s important Canadians have the property they are buying inspected and are protected if something goes wrong.

“It’s also important to make sure you get free and clear title.”

Altro recommends all Canadian buyers use a lawyer familiar with cross-border tax and issues.

He also advises clients to hire an accountant with crossborder experience to file income tax returns, especially when there’s rental income involved.

Owning U.S. Property The Canadian Way (self-published, 136 pages) is available for $20 at AltroLaw.com.