Government of Ontario introduced a new legislation which enables individual Ontario real estate agents to incorporate their real estate practice. This opens up more avenues for better tax planning for Ontario realtors.
Criteria for Personal Real Estate Corporations (PREC)
- The corporation is incorporated or continued under the Business Corporations Act.
- All of the equity shares of the corporation are legally and beneficially owned, directly or indirectly, by the controlling shareholder.
- The sole director of the corporation is the controlling shareholders.
- The president, being the sole officer of the corporation, is the controlling shareholder.
- Each non-equity share of the corporation is, legally and beneficially owned, directly or indirectly, by the controlling shareholder, legally and beneficially owned, directly or indirectly, by a family member of the controlling shareholder, or owned legally by one or more individuals, as trustees, in trust for one or more children of the controlling shareholder who are minors, as beneficiaries.
- There is no written provision by agreement or otherwise or arrangement that restricts or transfers in whole or in part the powers of the sole director to manage or supervise the management of the business and affairs of the corporation.