February 07

Brampton BBOT members provide advice for all members on a range of subjects. This month’s topics include:

30 year mortgage opens doors
Maximize the value of your business
Hiring an Independent Contractor? Better be Sure

click on the above article to read on



30 year mortgage opens doors
Let’s call them John and Julie. Recently married, they’re still struggling to pay off student loans and the new car they’ve just purchased. John and Julie have moved into a nicer apartment, but are watching their rent money go out the window while their more established friends enjoy the rise in the value of their homes. Interest rates are enticingly low, but John and Julie still aren’t sure they can handle mortgage payments, even though they feel that they’re missing out on a great opportunity in today’s market, and they do want their own place to decorate and enjoy.

There’s good news for John and Julie. Homebuyers can now stretch mortgage amortizations – the length of time calculated to pay off a mortgage – to 30, 35 and even 40 years. Not too long ago, it was almost impossible to get a mortgage amortization for more than 25 years.

In 2005, the Canada Mortgage and Housing Corporation (CMHC) announced that they would insure 30-year mortgages with only 5% down in a special pilot project. The move was calculated to help Canadians like John and Julie get into their own home. Canadians went house shopping and took advantage of the opportunity, causing CMHC to make the 30-year mortgage part of their ongoing product offering and even extending amortizations to 35 years. In the spring of 2006, a 40-year amortization mortgage was introduced to the marketplace.

The rationale behind longer amortizations is simple; they help bring down the cost of monthly payments and bring homeownership within reach for young couples, new immigrants, self-employed Canadians, or prospective homebuyers with less-than-perfect credit. They are also good news for homebuyers who are struggling in an area where real estate prices are rising rapidly, or need a solution to help them through a tough financial period.

What kind of difference can homebuyers expect? Well, John and Julie hope to take out a mortgage of $250,000. At a rate of 6%, they would need to find $1600 per month to service the mortgage on a 25-year amortization. But they need only $1487 for a 30-year amortization or $1413 for a 35-year: similar to what they are currently paying for rent.

Their mortgage planner can help them factor in any additional costs, but these longer amortization mortgages put mortgage payments within reach. They do increase the amount of overall interest paid, which is why they shouldn’t be considered to simply reduce your monthly payment if you can afford a shorter amortization period.

So why would anyone want to spend over 30 years paying for a home and pay more interest in the long run? With good mortgage planning, it doesn’t have to work out that way. The long amortization period helps new homebuyers get into the housing market at a lower threshold. As John and Julie finish paying off their loans, and as their income increases, they’ll be able to shorten their amortization period and support a larger monthly payment. But until then, they’ll have an early advantage that allows them to enjoy their new home now and begin building home equity; otherwise they’d be watching their monthly rent payment work for their landlord rather than for them.

And that – says John and Julie – is a great beginning.

Carol Kollar AMP is a Mortgage Planner with Mortgage Architects. She can be reached at 905 -789- 8198 or by email carol.kollar@mtgarc.ca.

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Maximize the value of your business
Part nine of a nine-part series, “Eight critical questions every small business owner should answer.”

If you plan on passing on your business to your children, there are several strategies available to maximize the value of your business for you and your family.

Transferring ownership
Whether or not your children intend to manage the business, it is still important to transfer ownership efficiently to preserve the value of your business and family harmony.

Estate freeze
In some situations an estate freeze will help transition assets and future growth to children while you lock in the value of your business, perhaps for your retirement. An estate freeze requires you to exchange your common shares for preferred shares of equivalent value on a tax-deferred basis. At the same time, your children will subscribe to new common shares to take ownership of the business.

Fair vs. equitable
Although the fair distribution of your assets to your children may be ideal, it is also important to consider fair compensation when it comes to your business. If one child is taking on most, or all of the responsibility of running the business, it may be worth considering a more equitable distribution of the business assets or ownership.

Transition
To ensure the long-term success of your business, consider having a discussion with family members to decide who has the interest and capability to effectively run the business.

Once you’ve decided on who will take over your management roles, the timing of their succession and your retirement should be carefully planned. Bringing them in too early may prevent them from gaining the necessary business experience to continue growing the business. At the same time, it’s important work with you and learn the intricacies of your business.

Ensure security
A good succession plan should also address your personal financial needs and security. This may involve setting up a Retirement Compensation Agreement (RCA) where you receive supplemental pension payments to help maintain your standards of living during retirement. Or it could include insurance solutions to ensure your family will be able to purchase your shares of the business in case of disability or death.

Plan early
By starting your business succession plan as early as possible, you can take the time to develop and implement the most effective strategies to minimize taxes and preserve the value of your business. It also gives your family time to become comfortable with new roles, whether or not they are managerial ones.

Mike Huet is Vice-President and an Investment Advisor with RBC Dominion Securities Inc. in Brampton. Mike can be reached at 905-450-1042 or at mike.huet@rbc.com. This article is not intended as nor does it constitute tax or legal advice. Readers should consult their own lawyer, accountant or other professional advisor when planning to implement a strategy.

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Hiring an Independent Contractor? Better be Sure


More employers today are utilizing flexible staffing arrangements, employing a combination of full-time and part-time employees and contract and casual workers. While having a range of employment relationships can enhance the flexibility of your operation, this also impacts your government obligations.

If you hire an independent contractor rather than an employee, for example, you don’t need to withhold income tax or remit Canada Pension Plan contributions or Employment Insurance or Workers Compensation premiums on behalf of this worker. But if the Canada Revenue Agency (CRA) later determines that your independent worker is in fact an employee, you could be liable. The CRA could assess you for years of unpaid source remittances -- the employer’s portion and the portion that should have been withheld from the employee’s earnings – plus charge you interest and a 10% penalty. Ouch!
Better to be clear at the outset whether you are hiring an employee or an independent worker. The CRA uses the following tests to determine the difference.
Control: whether the worker or the hirer decides how, when and where the work will be performed.
Integration: whether the work performed by an individual is an integral part of (employee), or an accessory to (independent), the business. The CRA may also consider whether the worker provides services to more than one organization and also whether there is a contract between hirer and worker.
Profit/loss: whether the hirer alone assumes the risk of incurring losses (from bad debts, delays, etc) or whether the worker assumes part of this risk.
Equipment/tools: whether the worker or the hirer supplies any equipment or tools required to perform the work and also which party covers the costs related to their use, such as insurance, repairs and maintenance.

If you are planning to hire an independent contractor, there are a number of precautions you can take to ensure the CRA defines the relationship the same way that you do. Ask the worker for a contract specifying the work to be done and indicating that he/she is an independent contractor who has not entered into an employment contract with your company. Request invoices for the work he or she performs. Also, ask the individual to use his or her own equipment or tools to perform the work; otherwise, charge rent for their use.

Enjoy the benefits of hiring a variety of types of workers -- just be sure to make it clear to the government whether you are hiring employees or independent contractors.

Mark Smith is a partner of BDO Dunwoody LLP (www.bdo.ca). You can reach Mark at 905-270-7700 or mark.smith@bdo.ca

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