Private Mortgage Lending & Tax Implications for Canadians

[Terry Price]

I am a Canadian real estate investor doing business with the United States but reside in Canada. I want to wire money from my United States business bank account to my attorney's trust account in the United States. My US business account is with the TD Bank in the United States just over the border. The TD tells me I need to be "physically present" at the branch in order to wire transfer funds within the United States. I am expecting to do wire transfers at least 6 or more times in a year. I need to find a cost effective, time saving way of doing these wire transfers.

There has to be an easier way than to drive 3 1/2 hours across the border to do this in person isn't there? Could I contact an attorney in the state where my account is located and see if they would act as my representative to do the wire transfer on my behalf? I guess it would depend on what the attorney would charge to do this?

"Or", I could transfer money from my Canadian account into my US bank account in Maine. Then have the attorney do the transfer "as my representative"? But this is very expensive to do and not cost effective. Is it important for taxation reasons that this money flow originate from my United States bank account or could I just write the check out of my personal account here in Canada and Fedex it down to them? Probably not a wise idea due to tax implications right?

Also, what is the most tax efficient way to structure mortgage lending from a Canadian perspective or is this something I should ask a Canadian Accountant? What is the best to loan money to my US LLC?

I could write the check from my personal bank account and show it as a loan to the company etc.? Many questions, lots of unkowns! Thanks folks for your valued input. :)