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Proposed class action against B.C. says foreign buyers' tax unconstitutional

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Canadian Realestate Magazine | 06 Mar 2017, 04:00 PM Agree 0
A proposed class-action lawsuit says British Columbia's 15-per-cent tax on foreign nationals who buy homes in the Vancouver area is unfairly prejudiced against people from Asia, who have historically faced discrimination in the province
  • Kris Kooblall | 06 Mar 2017, 04:21 PM Agree 0
    This has got to be a new height and misses all the constitution argument regarding a Canadian citizen.

    In addition Canadian citizens and their family pay onerous personal and hidden income taxes as a family at an average of $30,000.00 per year.

    Where and how do we measure discrimination, not that it does not exist and wherein lies the parameters?

    /A proposed class-action lawsuit says British Columbia's 15-per-cent tax on foreign nationals who buy homes in the Vancouver area is unfairly prejudiced against people from Asia, who have historically faced discrimination in the province.

    Amended documents filed in B.C. Supreme Court last week argue the so-called foreign-buyers' tax is unconstitutional because it violates equality rights by making an ``arbitrary'' distinction between those who are citizens and permanent residents of Canada and those who are not./

    There must a serious angle and legal argument to the above; pray, please point it out.
  • M | 06 Mar 2017, 04:45 PM Agree 0
    It's the old Asian head tax all over again. In such a supposedly liberal province.
  • M | 06 Mar 2017, 05:06 PM Agree 0
    It's the Caracas economics of Bolivarian revolutionaries to pick on investors and entrepreneurs.

    While Tijuana, Mexico now has direct flights to Shanghai - with all the economic and investment synergies that this implies - the idea that Vancouver should be beating up on foreign investors seems highly inward looking and counter-prodictive.
  • WP Realtor | 06 Mar 2017, 10:01 PM Agree 0
    I did not realize the FB tax only applied to Asian buyers...hmmm.

    I sure hope my American client/buyers can ride on the coat tales of this action. Good luck!

    (BTW...FB tax is coming to Toronto sooner than you think!)
    • M | 07 Mar 2017, 12:34 PM Agree 0
      Well, look what the Bolivarian revolutionaries in Venezuela have done in beating up on overseas investors, and what good has it done them?
  • Kris Kooblall | 08 Mar 2017, 08:40 AM Agree 0
    I find the article published by Canadian Real Estate Wealth Magazine to be informed and pro-active on current issues facing the industry.

    It is encouraging to see comments being made and allowed to appear for other readers to look at.

    What is disparaging is the complete lack of understanding reflected in the comments made by some contributors.

    For example, in the previous comment by M, "the Bolivian revolutionaries in Venezuela have done in beating up on overseas investors, and what good has it done them?".

    Firstly, wherein lies the relevance and foreign investors purchasing Canadian residential real estate for investment purposes and in the process crowding out purchases by Canadian families in the purchase of homes for their families to live in?

    Secondly, by another contributor, making reference to a head tax for Asians.

    Where are the legal arguments that purport implementing a 15% tax on foreign buyers of residential real estate is unconstitutional?

    Let us refer to Shanghai China as an example; in Shanghai, if one has not filed income taxes for the last 5 years and a resident of Shanghai amidst other requirements, one cannot purchase real estate in that city.

    Where are the court cases against the Chinese Government?

    This is a ravaging crisis in our country at this time and please let us make pertinent and relevant comments.

    There are many stakeholders brandishing their economic and other interests and some of these stakeholders have been elected to office.

    That is how serious this is.
    • M | 09 Mar 2017, 04:30 PM Agree 0
      It is certainly the case that going back a long way Asians in BC have faced serious barriers.

      It is also alien to the Charter of Rights and Freedoms that people should face punitively applied taxation because of their racial/national origin.

      The sort of foreign investment review process initiated over 50 years ago in Canada by Walter Gordon - a nice man - did not produce prosperity and it made investment more difficult.

      In some countries, such is the antagonism towards investment and overseas entrepreneurs that governments have 'succeeded' in driving them away: Bolivarians in Venezuela and Jaganist nationalists in Guyana, for example: this has proved disastrous for the local economies.
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