February 6, 2012

Closing A Florida Home

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First bit of info is knowing about occupancy.  If you are Canadian you can stay in your Florida home for up to and 1 day less than 6 months without incurring a need for permission from the U.S. authorities and without both tax and health care ramifications in Canada.  One day more than 6 months and you could lose your OHIP  benefit if it was discovered you were out of the country. Pretty easy to do when you know that your comings and goings are recorded at the border.

  To purchase a Florida property you will need to write an offer and give your deposit money, called earnest money when you cross the border to an escrow agent (usually a lawyer)or a realtor.  They have a legal obligation to hold your deposit until one of 2 things can happen 1/ the seller hands him or her a deed conveying title and a “GUARANTEE” that they in fact do own the property. 2/ The deal falls through, in which case your deposit money comes back to you. 

If the lawyer determines you get what you are meant to get then there will be a closing where your money is exchanged for the title and you will get the keys to your property.

  So who is making the “Guarantee”? In Florida as here in Canada now there are Title Insurance Companies. So your lawyer would supply you with a policy issued by a big well –known insurance companies that have been in business for decades and that are highly solvent. They do research to make sure the seller owns the property and to make sure there are no others claims or liens against the property. 

If the title is clear then the lawyer will issue you an insurance policy.  There is a clause in this policy that insures the insurance company will pay you the price you paid for the property in the rare occurrence that despite their research the seller did not own the property and that if he did and there was a lien that wasn’t found then the insurance company will pay off the lien.  It’s a good system that works well.

  If you have heard that property insurance and property taxes in Florida are higher than elsewhere then you are correct. They are higher than states that have income tax and death tax.  However, there are ways to reduce some of these costs plus the savings on the purchase cost at the moment should substantially offset these costs, plus of course the lack of other taxes and the generally lower tax brackets that exist in Florida. 

If the property insurance costs seem high it is quite simple buy something that was built after 1992 and that is not right on or next to the beach. Property insurance is much more reasonable for these properties as the building codes changed in 1992 and were much improved plus beach front is of course more subject to winds and hurricanes.

  Properties built after 1992 perform much better in high winds and this is why they cost less to insure. 

Currently as of today’s date property taxes are running about $1600.00 per year for every $100,000 of property value. Taxes are market  value assessed yearly. So your taxes will be based initially on your purchase price.  However depending on how you take title  if you rent the property then it can be arranged so that your expenses including interest are deducted from your income on the property.  That lower net figure will not be taxed by Florida (the state) only by the U.S. Federal government at rates much lower than in Canada.

  So it may be time to grab your beach towel and sun block and check out living part of the year under the Florida Sun.

Popularity: 83% [?]

Tax Planning For Your Florida Home

When planning your Florida purchase you want to also plan for the eventuality of a personal disaster, death; or necessary disposition of your home.

 

Probate

 

When a property is owned by the deceased alone, the property will be subject to Florida probate. This is a legal process which allows for a property to be transferred to an owner\s beneficiary. 

 

Probate is costly, time consuming and freezes your estate. Probate can cost up to 3 percent of the market value of the property at time of death.  And can take between six to 12 months.

 

How to Avoid Probate

 

To avoid probate you will need the deed to be in the name of a Cross Border Revocable Living Trust (CBRLT)..  This works if you are in the process of buying or if you have already purchased the property. 

 

There are two main steps and here they are.

 

1/CBRLT.  This will be drafted with specific clauses for Canadian residents.  The client is the grantor and trusteed.  /she has full power and authority to lease, mortgage or sell the property.

 

2/ A deed transferring the ownership from the client’s name to his new CBRLT is prepared and recorded.

 

What This Does

 

1/ Property is exempt form Florida Probate.

 

2/ Beneficiary whether surviving spouse, children or others, is designated as such in the trust with as many scenarios or provisos as are appropriate in any well thought out estate plan.

 

3/ Creditors cannot seize the beneficiaries interst in the Florida property or the proceeds if it is sold.

 

4/ If the beneficiary divorces, the exspouse will have no right to shre in the benficiary’s inheritance.

 

5/ If the property owner becomes mentally incapacitated, he is replaced by the successor trustee named in the trust . This will avoid Florida guardianship procedures.

 

6/ No annual filing requirements to the IRS or Canadian tax authorities.

 

7/No deemed disposition upon transfer of title to the trust

 

8/ No annual accountant or attorney services required.

 

9/ U.S. estate tax payable upon death of first spouse deferred by Qualified Domestic Trust (QDOT) in the CBRLT

 

Minimizing U.S. Estate Taxes

     

Popularity: 76% [?]