Passion for a foreign country can bring financial snags for families

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Canadian students who study abroad reap many benefits, including exposure to other languages, cultures and global perspectives. They can also develop a greater sense of independence, adaptability and problem-solving skills.

But another side effect is the extension of family interests abroad. For wealthier families, sending kids elsewhere sometimes results in parents taking a shine to this destination and exploring business interests there or buying real estate for their offspring or themselves.

But these moves come with challenges and operational complexities – among them security, taxation and legal issues – and require a careful plan of action, as well as close partnerships between family offices in Canada and advisory firms in the host country.

Indeed, family offices should anticipate children moving abroad long before they do, based on frequent communication with the family and an ever-present awareness of their changing needs, says Doug Byblow, an independent family office executive in Calgary.

“For the family office executive, it’s important to be proactive and thinking of these realities ahead of time,” he says. “You have to have the systems, process and right people involved.”

Challenges arise when the family and family office respond reactively, Byblow says. “You don’t want to be waiting until a child decides to study abroad and then have a family office executive scurry around trying to smooth out the process.”

Byblow says the possibility of a child relocating should also be built into the family’s governance processes, to minimize a disturbance to how the family’s affairs or business are run. “Often many families assume that all family members will reside in Canada their entire lives.”

It’s up to the family office to ensure any compliance issues are considered, the necessary forms are filled out and the family’s trust and corporate shareholder agreements are sufficiently flexible, he says.

Before parents purchase property in a foreign locale, an advisor should sit down with the clients and determine the length of the student’s stay, says Robert Fidgen, a British tax lawyer and family office relationship manager at Stonehage Fleming, a global family office with a significant North American business.

“It is possible that the student may only be resident in the foreign country for a relatively brief period of time, which would make the associated costs of purchasing property disproportionate,” he says.

Other costs can add up, too.

“The purchase of real estate in any country will come with the inevitable cost of real estate agents, lawyers and in all likelihood some form of purchase tax – such as the stamp duty land tax in the U.K. – or an ongoing wealth tax in other jurisdictions,” says Fidgen.

Safety, security and relationships

Next should be research about where to purchase the real estate to ensure the safety of the child and security of the property.

Byblow says that having boots on the ground can ensure that no mistakes are made here, citing one example in which a client initially selected a property in the midst of a South American city’s neighbourhood where protests often occurred.

Clients also must ask themselves who will own the property, says Brad Jesson, principal, Family Office Advisory, at Northwood Family Office in Toronto. “Is it the parents who will hold it?” he asks. “Or will the child hold it? Are the parents loaning the funds?”

Jesson says it’s also important to take into consideration whether the child is in a relationship, or what might occur if he or she enters one. If the couple cohabitate, the family could risk losing half the property’s value in a separation.

The type of property purchased can also have legal ramifications. Fidgen says that in Britain, for example, the owner of a leasehold property as opposed to a freehold one is seen in a different legal light. “It goes without saying that a potential purchaser should have a clear understanding of the exact legal nature of the ownership,” he says.

Knowing the nuances of the country’s inheritance taxes is also important, says Jesson. If the family plans to hold the property for a long period, it should consider how it would pass in the event of the death of the owner. “For example, the ownership of U.K. residential property can result in a U.K. inheritance tax liability without planning,” says Fidgen.

For that reason, Jesson suggests drafting a will for the child to ensure the property is looked after in the event of a sudden death. This makes it crystal clear to whom the property will eventually pass.

Legal issues can arise

Parents should also seek legal advice in the locale where they are buying. “It will always be necessary to seek legal advice in each jurisdiction prior to purchase,” says Fidgen, adding that guidance concerning student visas, residency issues and foreign taxes also are key.

Buyers also need to be aware of legislation, such as the anti-terrorism money laundering rules in Britain, Jesson says. This requires all foreign property buyers to disclose the source of their funds. “I don’t think people are aware that they have to disclose this,” he says.

If the property is in the United States, Jesson cautions that if they decide to become permanent residents, and the child is a shareholder in a Canadian holding corporation with many investments and rental properties, the family faces specific rules regarding ownership of foreign corporations. For instance, capital gains are taxed much less favourably than they would be in Canada.

“All of a sudden, they’ve walked into a web of complexity around any income that is paid out to them and they have huge disclosure requirements,” he says of these foreign students.

Some families address this by consulting tax lawyers and accountants, Jesson says. Other times, the issues are so complex that they just remove the child as a shareholder rather than run afoul of U.S. tax authorities. He says families have to ask themselves, “Does it make sense for the child to be a shareholder?”

“It all comes down to tax issues and disclosure requirements, “ says Jesson. “They have to navigate all of this.”

On the other hand, one big benefit for students heading to other countries for school is the real-world experience they can share with the family business upon their return, says Byblow.

“The advantage of studying abroad in another jurisdiction is that insights can be brought home to the family business,” says Byblow. These might be different perspectives on operating a business and a new world view.

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• Why couples are choosing luxury winter weddings
• How Canada’s new luxury tax works
• Nine hotspots where wealthier Canadians are scouting for property

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