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O•S•C•A•R© Shop Your Local! - Old Ottawa South

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Page 36<br />

by Rick Sutherland, CLU,<br />

CFP, FDS, R.F.P<br />

The Federal Government has<br />

given Canadians a special<br />

Christmas gift this year.<br />

Starting January 2009 all Canadian<br />

residents, age 18 and older, are<br />

eligible to open a Tax Free Savings<br />

Account (TFSA). The account allows<br />

a maximum contribution of $5,000<br />

per year to be saved and sheltered<br />

from tax.<br />

Although there are similarities to<br />

the Registered Retirement Savings<br />

Plan (RRSP) the TFSA differs in<br />

many respects. RRSPs are specifically<br />

designed as a long-term retirement<br />

savings vehicle. RRSPs should not be<br />

used for short- to mid-term expenses<br />

due to the loss of contribution room<br />

and full taxation of withdrawals,<br />

whereas the TFSA can be withdrawn<br />

Financial Divorce Specialist<br />

Avoid costly mistakes with professional financial<br />

assistance in the division of assets.<br />

Contact: Rick Sutherland, CLU, CFP, FDS, R.F.P.<br />

1276 Wellington Street, <strong>Ottawa</strong> ON K1Y 3A7<br />

Phone: (613)798-2421 Email: rick@invested-interest.ca<br />

To book an OSCAR ad<br />

call Gayle 730-1058<br />

oscarads@oldottawasouth.ca<br />

Guidance, Protection<br />

and Peace of Mind.<br />

Anna E. Sundin, Barrister & Solicitor<br />

GEnErAl PrActicE includinG:<br />

Family Law, Wills, Real Estate, Incorporations, Litigation and Collaborative Family Law<br />

– A Cooperative and Dignified Approach to Separation and Divorce.–<br />

The OSCAR - OUR 36 th YEAR DEC 2008<br />

<strong>Your</strong> Gift From the Government<br />

at any time without restriction or<br />

tax consequences and used for any<br />

purpose.<br />

Both RRSPs and the TFSA<br />

offer tax advantages with distinct<br />

differences. Contributions to a RRSP<br />

are tax deductible and reduce your<br />

income for tax purposes. In contrast,<br />

your TFSA contributions are not tax<br />

deductible. Both accounts will grow<br />

tax-free.<br />

Withdrawals from your RRSP<br />

are added to your income and taxed<br />

at current income tax rates. However,<br />

your TFSA withdrawals are not<br />

subject to tax. The capital and growth<br />

of a TFSA are withdrawn tax-free.<br />

The amount you withdraw can<br />

be put back into your TFSA without<br />

affecting your future contribution<br />

room. If you withdraw $5,000 in 2009,<br />

then your contribution limit for 2010<br />

will be $10,000. The only restriction<br />

is that you cannot re-contribute in the<br />

year that you make your withdrawal.<br />

You must wait until the following<br />

year. Another important note is that<br />

neither income earned nor withdrawal<br />

of capital from a TFSA will affect<br />

your eligibility for federal incometested<br />

benefits and credits such as the<br />

Guaranteed Income Supplement, the<br />

Canada Child Tax Benefit the GST<br />

credit or <strong>Old</strong> Age Security benefits.<br />

You do not lose your TFSA<br />

contribution room if you do not<br />

contribute up to the limit in any given<br />

year. <strong>Your</strong> unused contribution room<br />

is carried forward to the next year<br />

and indefinitely. So if you contribute<br />

$3,000 in 2009 then your contribution<br />

limit is $7,000 in 2010.<br />

The TFSA is anticipated to be<br />

a great new tax-sheltered account<br />

to help Canadians achieve their<br />

personal goals. With this program the<br />

By Anna Sundin<br />

government is encouraging Canadians<br />

to save rather than use debt - whether<br />

for a car, a vacation, home renovations,<br />

or a small business start-up. Talk to<br />

your financial advisor about the best<br />

strategies and options for you utilize<br />

this gift in 2009 and beyond.<br />

The foregoing is for general<br />

information purposes and is the<br />

opinion of the writer. This information<br />

is not intended to provide personal<br />

advice including, without limitation,<br />

investment, financial, legal, accounting<br />

or tax advice. Please call or write to<br />

Rick Sutherland CLU, CFP, FDS,<br />

R.F.P., of FundEX Investments Inc. to<br />

discuss your particular circumstances<br />

or suggest a topic for future articles<br />

at 613-798-2421 or E-mail rick@<br />

invested-interest.ca.<br />

The Role of Surveys in<br />

Real Estate Transactions<br />

Title insurance is often helpful to a purchaser of real estate. It does not<br />

mean, however, that a building location survey is unnecessary.<br />

Title insurance is an insurance policy bought at the time of the purchase<br />

of real estate which protects the home owner and often the mortgage lender<br />

against losses incurred as a result of unknown title defects for as long as the<br />

home owner owns the home. The kinds of losses that are usually covered<br />

are errors in title registration, encroachments on property, construction liens,<br />

unpaid realty taxes, lack of access and title fraud.<br />

A building location survey is prepared by a qualified surveyor who<br />

attends at the property, reviews the visible boundary markers and the actual<br />

use the owner and the neighbours make of the land and also reviews all<br />

relevant title documents registered in the registry office. If there are any<br />

conflicts revealed by this investigation, the surveyor notes them on the<br />

survey, which is a drawing of the land with all the boundaries and buildings<br />

noted on it. A survey is a guarantee of the extent of the owner’s title at the<br />

time of the survey.<br />

The lawyer then conducts his or her own searches and as a result,<br />

guarantees the quality of the title to the lands to the purchaser. However,<br />

where information is missing or searches cannot be conducted or are not<br />

conducted by the real estate lawyer there is a gap in the guarantee the lawyer<br />

can give to the purchaser with respect to the quality of title to the property.<br />

Title insurance is often used by the purchaser instead of having these<br />

searches conducted. If there is a problem revealed afterwards as a result<br />

of searches that were not conducted, the policy will pay the owner and/or<br />

mortgage holder the cost of repairing the defect that later comes to light.<br />

However, that may not be satisfactory to the purchaser. A building<br />

location survey could have revealed these kinds of issues before the closing<br />

took place and the prospective purchaser could have decided whether or not<br />

to complete the transaction as a result.<br />

For example, if it is discovered that an encroachment onto public lands<br />

by a building like a garage has to be removed and the title insurance company<br />

pays to have the building removed, that does not help the purchaser who<br />

now does not have the garage they thought they bought with the property.<br />

Title insurance does not necessarily cover the cost of building a new garage.<br />

If the lot is too small to build a new garage that complies with current zoning<br />

by-laws, the purchaser will not have obtained what they thought they were<br />

buying.<br />

There have been many court cases that could have been avoided if there<br />

had been an up to date building location survey provided by the vendor. For<br />

example: a builder who built on the wrong lot, purchasers who were not<br />

entitled to an adjoining garage and laneway they thought were included,<br />

a lot 10 feet narrower than the purchaser had thought, a cottage located<br />

95% on someone else’s land, and a sewer easement that interfered with the<br />

purchasers’ building plans.

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