Three tax-efficient ways to pay for education

Tax

I recall the story a few years ago of Doug Anglin who, at the age of 17, filed a complaint with the U.S. Department of Education against his Massachusetts high school. Mr. Anglin’s complaint was that the school was discriminating against boys by giving better grades to students who “sit down, follow orders, and listen.” According to Mr. Anglin, men naturally rebel against this.

While students can face challenges in achieving good grades, parents face challenges paying for education. Two of the biggest problems for parents are that (1) they have to use after-tax dollars to pay for education, making it expensive, and (2) the cost of private elementary or high school tuition is not eligible for tax credits.

Today, I want to share some ideas on how to pay for education – whether elementary, high school or post-secondary – and to do so using pretax dollars. That is, using dollars that you have earned that have not, and may not, be subject to tax. Here are three ideas to consider.

Self-employment

Consider Peter and Janice. They live in British Columbia and have four children. Their eldest daughter is heading to university this fall. Peter earns about $100,000 annually, and figures they’ll need $15,000 to help cover the cost of tuition, books, supplies, and room and board for their daughter this school year. At a marginal tax rate of 38.3 per cent, Peter would have to earn $24,311 (almost one quarter of his salary) just to be left with $15,000 after taxes to help pay for his daughter’s education.

Janice carries on a part-time business. She decided last spring that she’ll try to earn enough to pay the $15,000 toward their daughter’s education. Janice has had their daughter working in the business as well. In fact, Janice will pay her daughter the $15,000 – reasonable wages for the work performed – that she needs for school. The result? Janice gets a tax deduction for the $15,000 that will be used by their daughter to pay for school, and their daughter will pay no tax on the income because she has a basic personal tax credit that will offset the first $11,138 of income from tax federally, and she has tuition, education, and textbook tax credits to offset the rest. The bottom line is that the family will use pretax dollars to pay for the cost of school.

Family trusts

Aaron and Vonnie have three children who will be attending a local private school again this year. A trust was established for the kids a few years ago with $300,000 provided by Aaron’s parents, with Aaron and Vonnie as trustees (they control the funds in the trust). The funds are being invested in a portfolio of securities, earning income and capital growth. The trust earns about 6 per cent – about $18,000 – in income and growth annually.

The interest and dividend income earned in the trust on the original $300,000 is attributed back to (and taxed in the hands of) Aaron’s parents each year under the attribution rules in our tax law. But the income on the income (second-generation income), and all capital gains, are taxed each year in the hands of the children. The minors each have a basic personal tax credit available which more than offsets any tax owing on the income allocated to each of them each year. The bottom line? It’s expected that a few thousand dollars (perhaps between $5,000 and $10,000) will have been earned, but not taxed, thanks to the kids’ basic personal tax credits in 2014. These dollars can be used to help fund the education costs of the kids.

RESP

Rachel and Eldon have two young children, and they’re setting aside $200 each month ($2,400 annually) in a registered education savings plan (RESP) for the kids. In addition to their own contributions, the government is kicking in a Canada Education Savings Grant worth 20 per cent of their contributions – or $480 annually.

The funds inside the RESP grow on a tax-sheltered basis, and when payments are made to their children later in life, once they start to attend a qualifying postsecondary program, the income that had accumulated in the RESP will be taxed in the hands of the kids. The children will have their basic personal amount and tuition, education and textbook tax credits available at that time which could very well offset any tax owing. In effect, the accumulated income in the RESP can be used to fund education costs, potentially with little or no tax.

Article: Globe and Mail

Ten tax tips if you’re married or have a family

Tax Tips if you're married

Bryan is an employee of mine who’s getting married this weekend. Coincidentally, my seventeenth anniversary was last weekend. Bryan was asking me the secret of our successful marriage. I decided to share with him the words of Henny Youngman that I heard at the time I was getting married: “We take time to go to a restaurant two times a week. A little candlelight, dinner, soft music and dancing. She goes Tuesdays, I go Fridays.”

I then told Bryan about the many tax benefits of being married and having a family. Specifically, it’s possible to share the tax bill that he might otherwise pay himself. This is the concept of income splitting – which I’ve been speaking about the last two weeks – and it can save you tax dollars.

Here’s a final instalment on how to split income effectively.

1. Pay an adult child for certain tasks. Consider paying your adult child (age 18 or older in the year) to look after your kids who are 16 or younger. These payments may qualify as child-care expenses for you to deduct – subject to child-care expense rules. Similarly, pay your adult child to help in a move and deduct that cost, subject to moving expense rules. In each case, your adult child will pay the tax on that income.

2. Invest the CCTB in your child’s name. If you receive Canada Child Tax Benefits in respect of a child, you can invest those dollars in the name of the child and there will be no attribution back to you of the income earned on those investments.

3. Transfer pension income to your spouse. You can transfer up to 1/2 of your eligible pension income to your spouse. You’ll claim a deduction for the amount chosen and your spouse will report that income. Eligible pension income is that which qualifies for the pension credit.

4. Split the tax on your CPP benefits. You’re entitled to take up to one half of your Canada Pension Plan benefits and report the amount on your spouse’s tax return, provided you’re both over age 60.

The arrangement is reciprocal so that the same proportion of your spouse’s CPP benefits will have to be reported on your tax return, but you could come out ahead as a couple. You’ll need to set up this arrangement by contacting Service Canada.

5. Consider an RESP for a child’s education. When you contribute to a Registered Education Savings Plan (RESP) the funds can grow in that plan tax-free. When the student beneficiary makes withdrawals, he or she will face the tax on the accumulated income, not you.

6. Report your spouse’s dividends on your return. You can elect to report all of your spouse’s Canadian dividends on your own tax return. If your spouse’s income is quite low, he or she may not benefit from the dividend tax credit on Canadian dividends, so you may be better off as a couple having you report the dividends and claim the credit. To be eligible, the transfer must increase your spousal credit (the credit you can claim for having a low-income spouse).

7. Pay family members a salary. One of the great benefits of self-employment – even part-time – is that you can easily split income by paying family members to work in the business. As long as the compensation you pay them is reasonable, you’ll be able to deduct the salary or wages, and your family member will pay the tax, not you.

8. Become a partner with family members. A partnership doesn’t pay tax itself. Rather, each of the partners reports their share of the profit. By becoming a partner with a family member, you can split the profit in an agreed-upon manner. A true partnership should exist, which requires that it be a real business carried on with your family member(s) with the intention of creating profit. Creating a partnership agreement is important.

9. Use two corporations to transfer money. The attribution rules which will cause income to be attributed back to you can be avoided when you and your family member each have a corporation and money is loaned from your corporation to your family member’s. The attribution rules don’t apply to loans between corporations.

10. The higher-income spouse pays expenses. If the higher-income spouse pays the household expenses, it can free-up any income of the lower-income spouse to be invested. This will allow the lower-income spouse to pay the tax on the investment income.

Article: Globe and Mail

U.S. expats in Canada, the IRS is eyeing your RRSPs

US Expats in Canada RRSP

The Registered Retirement Savings Plan (RRSP) program is fundamental to Canadian retirement planning, and most Canadian residents participate. The beauty of the RRSP is that any contributions in a given year are deductible from income (up to a limit), and growth within the account is not included in the owner’s income as earned. Rather, RRSPs are only taxed upon withdrawal from the RRSP account, presumably occurring after retirement when the taxpayer is earning less and consequently paying less tax.

US domestic law considers RRSPs to be foreign grantor trusts, and the income is taxable to the contributor as earned.

This can cause compliance problems for Canadian-resident US citizens who assume that RRSPs do not need to be specifically dealt with on the US tax side and therefore do not report them.

The Canada-US Tax Treaty (Treaty) does provide some relief in this situation. Under Article XVIII(7), a US taxpayer may elect to defer tax on the growth within an RRSP account for US purposes. Form 8891 must be completed to obtain these benefits under the Treaty, and (of course) the FBAR requirement still applies to RRSPs.

In particular, US law does not allow for a deduction from income for contributions made to an RRSP. As such, maximizing contributions to an RRSP may result in a higher taxable income for US purposes than Canadian purposes. Usually, the higher rate of Canadian tax will still provide sufficient foreign tax credits to offset the US tax payable in that year. However, there could be situations where US tax is payable due to the difference in taxable income levels.

Article: Globe and Mail

Four easy tips for income-splitting to save tax

Income Splitting

Our kids have a way of giving us pause for thought. Take Joel Miggler, 23, who is a body art enthusiast. Mr. Miggler has many piercings, but outdid himself recently by creating “portholes” in his cheeks that are currently about 3.5 centimetres in diameter. He says that he uses custom plugs for the holes when he’s eating. I feel for his parents.

My kids don’t cause me much grief – except when they jump off the garage roof onto the trampoline in the backyard (which has now stopped). In fact, the kids are helpful in many ways, including saving us tax dollars – through income splitting. Here’s a primer on income splitting, and some ways to accomplish it.

THE CONCEPT

Income splitting is the idea of moving income from the hands of one family member to another to save tax. The tax savings arise because each taxpayer resident in Canada is entitled to a basic personal tax credit and also pays tax at progressive rates, meaning that the lower your income, the lower the rate of tax you’ll pay.

So, having two people each pay tax on, say $10,000, will often result in less tax than one person paying tax on the full $20,000. If all family members are in the highest tax bracket, then shifting income from one person to the next doesn’t accomplish anything, but if any family members are in a lower tax bracket due to a lower level of income, splitting income can make sense.

THE ISSUE

Now, the taxman won’t simply allow you to hand income to your spouse or children to report that income on their tax returns. The “attribution rules” in our tax law will stop this. These rules say that when you try to pass income to your spouse, common-law partner, children, in-laws, nieces or nephews by transferring income-producing property to them, you’ll face tax on the income – not them. That is, the income will be attributed back to you. Not to worry: There are legitimate ways to sidestep the attribution rules.

THE METHODS

1. Lend money and charge fair interest.

Consider lending money to a family member and charging interest on the loan. If you charge the prescribed rate of interest under our tax law (currently just 1 per cent), any income earned by your family member on the lent funds can be taxed in your family member’s hands without attribution back to you. The interest must be paid to you by Jan. 30 following any year the loan is outstanding. You’ll face tax on the interest, but your family member can claim a deduction for it. As long as your family member is earning more than the prescribed rate on the invested funds, you’ll save tax as a family. And one last thing: You can lock in the current low rate on the loan indefinitely when you set up the loan.

2. Transfer funds for business purposes.

You’ll avoid the attribution rules if you lend or give money to family members for use in a business. There’s no need to charge interest here. If you’re lending money to, or investing in, a corporation owned by a family member, be sure to speak to a tax pro first. You may be able to set it up so that, if you can’t collect on the loan later, you may be entitled to claim a loss (called an “allowable business investment loss”) against any type of income later.

3. Lend money, then take repayment.

If you’d rather not charge interest on money lent to family members, you could structure the arrangement this way: Lend money to a family member for investment purposes – say, $15,000 – then take back those funds after a few years – say, five years. Those funds will earn, say, $1,000 each year, which in most cases will be taxed in your hands because of the attribution rules. But the $1,000 can be reinvested each year, and any second-generation income – that is, income on the income – will not be attributed back to you.

4. Swap assets with a family member.

Consider “selling” some of your income-producing investments to your spouse or child in exchange for another asset from them. The asset you take back should have a value at least as high as the investments you’ve transferred, and should not produce income of any kind. The swap is considered to be a sale at fair market value, so there could be tax to pay on accrued gains on the assets when you make the swap, but can still make sense if there is little or no tax to pay.

I’ll share more ideas next time.

Article: Globe and Mail

Distributing your estate to your heirs: The methods and the message

Estate

I think that being eccentric would be fun. I don’t mean eccentric in a use-your-tea-bag-then-dry-it-out-and-use-it-again sort of way, but in a do-something-crazy-to-help-other-people sort of way. Take Luis Carlos de Noronha Cabral da Camara, for example. This Portuguese aristocrat had no family and few friends, so he left his estate upon his death a few years ago to 70 complete strangers that he randomly selected from the Lisbon phone directory. Most of them thought it was a scam – until they received their cheques.

I’ve been writing about the five D’s of estate planning: define, design, document, discuss and distribute. Today, I want to finish things off by talking about distributing your estate.

The basics

At the most basic level, you can distribute your estate either during your lifetime, or after your death. People who make distributions on or after death usually do so because they aren’t sure how much they’re going to need, and don’t want to run out of money. This is a perfectly legitimate concern.

I would say, however, that you should do the math to determine approximately how much you’re likely to need to look after yourself for the rest of your life. If you can’t do the math, ask an accountant or financial planner to help.

Many people who have more than they’ll need choose to give some away today – to family, friends and/or charity, because they want to see the gift enjoyed. If you’re transferring money to your heirs today, decide whether the amounts will be considered an advance on their inheritance, or gifts over and above what they’ll receive upon your death. If the amounts are an advance, be sure to document these advances, advise your executor where to find that documentation, and clarify in your will that advances will reduce the amount that each heir will otherwise receive.

The methods

To the extent your estate is going to be distributed after your death, there are six key ways this can happen:

1. Through intestacy laws. If you die without a will, these provincial laws will dictate who gets what. This could create more tax and other costs than necessary. This is a default approach to distributing your estate, but it’s not a plan.

2. By naming beneficiaries. You should name beneficiaries on your life insurance policies, pension plans, RRSPs, RRIFs and TFSAs.

3. By owning assets jointly. If you own an asset jointly with right of survivorship, the asset will become the property of the other joint owner(s) if you predecease them.

4. By way of trusts. You can leave assets to others who are beneficiaries of a trust you might set up during your lifetime (called an “inter-vivos trust”) or upon death (called a “testamentary trust”). Trusts are valuable if a beneficiary is unable to manage an inheritance on his or her own, or if you want to add a measure of asset protection to help your heirs.

5. Through a partnership or shareholder agreement. If you’re party to one of these agreements, your interest in that partnership or corporation could be distributed in accordance with the agreement.

6. By your will. Even if you plan to distribute your estate using one or more of the other methods, you should still have a will to deal with any other assets or belongings you might own at the time of your death.

When preparing a will, many people take the view that “fair isn’t always equal”; there can be valid reasons to leave different amounts to different heirs. I do encourage you, however, to avoid a situation where you completely leave a child out of your will altogether. I realize that there can be exceptional circumstances and there is no one-size-fits-all approach here. However, most people who leave a child out of a will do so because of a strained relationship.

There’s no better time than today to mend broken relationships. And if that isn’t going to happen, it could be a healing gesture to remember that child in your will in a meaningful way. It can send one last message that you really do care, despite the issues between you.

On the flip side, leaving that child out of your will sends exactly the opposite message – a message that you don’t care, or that you can’t forgive. That message, unfortunately, will live with that child forever. You can’t change it after you’re gone.

The emotional scars this can create for not only the child, but other family members, isn’t worth it. Swallow your pride. If you can’t reconcile during your lifetime, at least make a positive and meaningful gesture upon your death.

Article: Globe and Mail

How to discuss your estate plan with heirs (and why it’s critical to do so)

Estate Planning

My wife, Carolyn, and I revised our wills recently. The hardest decision was around the guardian of our kids. “Tim, I just want someone who is loving, caring and a good role model to look after our kids if we’re gone.”

“Carolyn,” I replied, “if we knew someone like that, why wouldn’t we just give the kids away today?” Well, we decided to keep the kids. And then we sat down with them to talk about who will look after them if we’re gone. We’re starting to share our estate plan with them.

What have you shared with your heirs about your estate plan? Over the past two weeks I’ve introduced a framework for thinking about that plan. Specifically, I introduced the five “Ds” of estate planning: Define, design, document, discuss and distribute. Today, let’s talk about discussing your plan with your heirs.

The problem

Some people won’t initiate a conversation with their heirs because they don’t want the heirs knowing how much they stand to inherit for fear of fostering a sense of entitlement, or causing the kids to change their own career plans or become less productive.

Kids and other heirs often won’t initiate the conversation because they don’t want to seem greedy or curious about what they might receive one day. And the kids have a point: If they do start the conversation, many parents will think precisely those thoughts. Here’s a message to everyone involved: Get over it. There are some very important reasons why a conversation about your estate planning is necessary.

The importance

Having a conversation about your plan will demonstrate that you’ve given thought to your own financial well-being. It can also prevent confusion – and even legal battles – after you’re gone. Setting up your heirs to live in harmony with each other and with the decisions you’ve made often depends on having a discussion while you’re still alive. I’ve seen more than one case where hard feelings – and even psychological damage – have resulted because parents took an approach to their planning that some surviving family members couldn’t understand. And let’s not forget that sharing your plan with your heirs can often result in some tweaks to the plan that could make it even better.

I can hear some comments already: “There’s no way my heirs are ready or equipped to hear about my planning.” If this is your thinking, barring some incapacity an heir may have, the real issue should not be whether you speak to them, but when you speak to them, and what you share. Perhaps some education or counselling from a trusted adviser today can prepare them to eventually hear your plans.

The approach

Here are some guidelines for having a conversation with your heirs:

Choose the right time. If it’s tough to schedule a formal time for a discussion, have a conversation more casually when you happen to be together, taking a walk or over dinner, for example. You might unveil your plan in stages. We’ve talked to our kids about guardians, but not about dollars yet, given that they’re still in their early teens.

Decide whether together or separately. You could speak to your heirs at the same time, or in separate discussions. In some cases, separate discussions may be best if there are sensitive issues to discuss (perhaps you’re leaving unequal amounts to each child, for example).

Take a team approach. If you have a spouse, you should conduct the discussion together in most cases. Make sure you’re in agreement as to how things will work when you’re each gone, and be of one mind when speaking to the kids.

Agree on what you’ll share. My view is that, in most cases, your heirs should eventually understand the complete plan, including how much they will inherit. How much you share should depend on the maturity of your heirs, and their stage of life. A word of caution: Many people conclude that their heirs are never ready to hear the complete plan. Only in rare cases is this the case. By the way, simply giving a copy of your will to your heirs is not the same as having a discussion about your planning.

Explain why. Make sure you share with your heirs the principles that guided your decisions when preparing your estate plan. If they understand why you’ve created the plan you have, there’s a lower potential for hurt, harm and misunderstandings after you’re gone.

Ask for feedback. Ask each heir individually how they feel about the plan. You may not change your mind on issues of concern, but it will let them know they’ve been heard, and you’ll have had a chance to explain your thinking.

Article: Globe and Mail

Estate planning: Three types of documents you’ll need

Estate Planning

Click here for a free ESTATE PLANNING RECORD KEEPER.

When my great-uncle Kerry died, there was some confusion when his last will and testament was read. He had managed to divide his estate into 10 parts, leaving two parts to a friend, two parts to another, and five parts to family – making just nine parts. We all had a chuckle, because he was a mathematician by profession.

Uncle Kerry did, however, do a great job at documenting his entire plan, as did my grandfather. My grandfather’s will was just one part of his documented plan. In his will, he did write: “I wish peace and affluence to all of my loved ones, and a piece of effluence to all of my enemies.”

Last week, I introduced the five “Ds” of estate planning: Define, design, document, discuss and distribute. I had focused on the first two of these elements of a good estate plan. Today, I want to talk about documenting your plan.

The reasons

Documenting your estate plan is important for a few reasons. First, it will help to ensure that you’re clear on what should happen when you’re gone. Second, it will vastly improve the likelihood that your wishes are actually carried out. Third, without certain documentation, it’s possible that the government could step in and dictate what should happen upon your death. Finally, documentation is largely about making life much easier for your executor and heirs. If you’re like most people, you likely have personal and financial information in several different places. Who’s going to pull all of that together after you’re gone?

The documentation

So, what type of documentation should you prepare and maintain? I’m going to put these documents into three buckets: (1) your last will and testament, (2) your powers of attorney, and (3) other information.

As for your will, my first piece of advice – as crazy as it might seem – is to have one. I’ve met many very successful individuals who don’t have a will. Without a will, the intestacy laws of your province will determine who gets what. This typically results in much higher costs to administer your estate, and more in taxes on death than necessary. Next, be sure to visit a lawyer specializing in estate law to help in preparing your will. My article from last week should help in drafting your will if you’ve answered the numerous questions I posed. I’ve written in the past in more detail on wills.

Your powers of attorney may look different, and go by different names, depending on your province. Still, these documents should provide another person with the ability to make decisions over your financial affairs and personal care in the event you’re unable to do so. These documents are effective while you’re still alive but can’t look after yourself (once you’ve died, your will becomes the key document governing your affairs). Again, look for an experienced lawyer to assist in preparing these documents.

Now, what about the “other information” I mentioned? I suggest that you document the following information and update it once a year, or as needed:

Personal information: This includes your legal name, current address, place of birth, citizenship, social insurance number, occupation, all e-mail addresses, phone numbers, and similar information.

Family and dependants: List the legal names, addresses, dates of birth, citizenship and contact information for each of your immediate family members, including your spouse, and dependants.

Professional and health care advisers: Document the names, addresses, and occupations of each of your professional advisers, including your doctors and dentist.

Assets and liabilities: List all your assets, including bank, investment, RRSP, RRIF, TFSA, pension plan or similar accounts (include account numbers, financial institution names, and beneficiaries already named on any plan documents). List your real estate (locations, location of deeds, and market values), and all other assets (locations and market values). Don’t forget to include business information if you own a business. As for liabilities, include the name of the lender, account numbers, and the amounts owing (think of credit cards, lines of credit, mortgages, promissory notes, student loans, unpaid taxes, and other debts).

Insurance: List all of your life and property insurance policies (include the insurance company, policy numbers, your advisers’ names, and the amount of any cash values or death benefits).

Gifts made: Track gifts already given if those gifts are to be an advance on an heir’s inheritance (some gifts are made over and above what the inheritance upon death will be; some are advances).

Click here for a free ESTATE PLANNING RECORD KEEPER.

Article: Globe and Mail

 

Define, design: Proper estate planning begins here

Estate Planning

There is no better time than the summer to sit back, relax and reflect. Reflect on what is likely to take place when you’re no longer here. I know if I’m no longer around there will likely be a big celebration, followed by immense disappointment when my kids realize that my scratch’n’sniff stamp collection and fishing-reel toilet paper holder are being left to our neighbour.

When you’re no longer here, who should inherit your assets? How much is enough for them? Will your heirs know where to find your personal and financial information? What about funeral arrangements? The answers to these questions, and more, collectively make up your estate plan. So, take some time this summer to get your estate plan in order.

To help out, I want to share a framework for thinking about that plan. These are the five “Ds” of estate planning: Define, design, document, discuss and distribute. I want to give credit to author Sandra Foster for her thinking around this. I have adapted the five Ds from her Estate Planning Workbook published a number of years ago. Today, let’s talk about the first two Ds.

1. Define

The first step in the estate planning process is to define who in your life will receive something from you, and how much they’ll receive.

There’s also the question of when they should receive it – during your lifetime or on death? Jot down your responses to the following questions as you define who, how much and when: Do you want to enjoy your money while you’re alive? Do you feel an obligation to help your heirs? Do you want your spouse to inherit everything if she survives you? Should your kids benefit equally from your estate? Are there specific assets that specific children should receive? Are you concerned about leaving your heirs too much?

More questions in this first essential step: Do you want to donate organs upon death? If you have children from a previous marriage, do you want to keep an inheritance for them separate in your plans? At what age do you want your heirs to have control over their inheritance? Do you want to make gifts to charities? Do you have debts that will have to be paid off before your heirs get anything? If you own a business, have you considered the appropriate transition of management and ownership?

Many parents have the view that they want to leave their kids enough to create opportunities for them, but not so much that the kids can choose to do nothing. The approach I like, if you’re concerned about leaving the kids too much, is to define: 1) specific assets you might want to leave each child; 2) how much to leave the kids to help them with emergencies, and; 3) how much you’d like to supplement their income and for how long.

2. Design

The second step in the process should be to design what strategies, tactics and tools you’ll use to bring about the transfer of your estate to your heirs. This needs to start with understanding your objectives. I won’t pretend to know your specific objectives, but some common ones include: 1) minimize tax at the time of death; 2) provide for proper management of your assets after you’re gone; 3) watch the kids enjoy some of their inheritance today; 4) ensure children who are minors will be looked after; 5) ensure kids from a first marriage receive an appropriate share of the estate; 6) help your surviving spouse maintain her standard of living; 7) help your favourite charities, and; 8) maintain harmony in the family after you’re gone.

When designing the specific strategies, tactics and tools you’ll use to accomplish your objectives, you might find that some objectives are in conflict, and you may need to prioritize them. For example, wanting to see your kids enjoy some of their inheritance today, and ensuring that your spouse maintains her standard of living after you’re gone, could be in conflict.

Some of the tools that you may find helpful in accomplishing your objectives include: Trusts to hold assets for minors until they reach a certain age; using the principal residence or lifetime capital gains exemptions to shelter gains on a home, cottage, or private company shares; a spousal trust to provide for your spouse after you’re gone but ensure the assets go to your kids after your spouse’s death; life insurance to provide cash to give to charity, fund a tax bill, or top up an inheritance so everyone is treated equally.

There are many more ideas we can, and will, talk about. I’ll continue this discussion of the five Ds next time.

Article: Globe and Mail

A tax checklist for immigrants to Canada

US Taxpayers

It was 85 years ago next month that my grandfather came to Canada from Europe. It was a tough time to arrive here, in 1929, at the start of the Great Depression. I remember him telling me that it became almost impossible to immigrate to North America shortly after he arrived. He said that, if you wanted to get into the United States, you had to have legal documentation or a 95-mile-an-hour fastball.

Today, Canada is a cultural mosaic, with people from all over the world now calling this country home. Just take a look at the multitude of flags flying high during the World Cup taking place over the next few weeks. Today, I want to share a tax checklist of things to consider when immigrating to Canada.

Start making Canadian tax filings. Canada taxes people if they are residents here. You’ll face tax on all of your income, including income from outside Canada. If you earn passive (investment) income inside a foreign corporation that you control, you may have to report that income on your Canadian personal tax return, and you’ll have to file Form T1134 in addition to your Canadian tax return. The penalties can be steep if you fail to report this income, called FAPI (Foreign Accrual Property Income).

You’ll also need to report, using Form T1135, the existence of your foreign assets (except personal use property) if your total cost exceeds $100,000 at any time during a year. Property received from foreign trusts and the ownership of foreign subsidiaries must also be reported each year to the Canada Revenue Agency (CRA).

Obtain a social insurance number. You’ll need to request this key document. It will be your account number for any personal tax filings you’ll have to make. You’ll also need a SIN to receive government benefits, arrange for certain banking services and work for an employer in Canada. If you carry on a business in Canada, you’ll need a business number and may need a GST/HST number as well. Contact the CRA to obtain these numbers.

Track your Canadian cost base. When coming to Canada you’ll be deemed to have acquired any of your capital property – that is, assets – at fair market value immediately before becoming a resident here. The result? Your adjusted cost base for Canadian tax purposes will equal the fair market value of those assets at the time of your arrival. So, you’ll only face tax on gains (and you can only claim losses) accruing and realized after taking up residency in Canada.

Check the status of your non-Canadian trusts. If you’re the settlor of (that is, you transferred property to) a non-Canadian trust, or you’re the beneficiary of one, be sure to visit a tax pro to determine whether the trust will now be considered resident, and therefore taxable, in Canada. You might even be liable for the tax of the trust personally. Sorry about that.

Consider the status of your non-Canadian corporations. If you control one or more foreign corporations, it’s possible that they may now be resident in Canada for tax purposes because the “mind and management” of the companies may now be here. If this is the case, the corporations may be required to file Canadian tax returns and pay tax here. There may be relief available under a tax treaty with Canada to avoid double-taxation in this case.

Be aware of withholding tax requirements. If you move to Canada and continue to make payments of passive income such as rent, royalties or certain interest to non-residents of Canada, there may be a requirement to withhold tax from these payments and remit the tax to the CRA. This requirement can exist even if the payments are made from a foreign bank account.

Understand that immigration trusts have changed. It used to be that, before arriving in Canada, you should have considered creating an offshore “immigration trust” to own certain of your assets for the first five years of Canadian residence. The trust would have avoided Canadian tax on any foreign income earned on those assets for that five-year period. Think of this as a tax holiday, if you will. Well, I hate to be the bearer of bad news, but the 2014 Canadian federal budget did away with this tax holiday.

Apply for other important cards. Finally, you’ll want to obtain a permanent resident card as official proof of your residence status in Canada and a provincial health card to obtain health benefit.

Article: Globe and Mail

Want the kids to inherit the house? Avoid these common tax mistakes

Inheriting the house

Many parents want to leave as much cash and property as they can to their children. However, there are tax, probate and inheritance traps that can cause missteps.

The most common mistakes, which are often accidental and stem from a lack of knowledge, result in inheritance conflicts, the payment of additional income taxes and most importantly, prevent parents from achieving their goal of maximizing their family’s wealth.

Houses and cottages

To save on probate fees or to deal with inheritance issues, parents sometimes decide to transfer 50 per cent ownership of their home to one or more of their children. For income tax purposes, these transfers are equivalent to a partial sale. If the house is the parents’ principal residence (or “PR”), there are no tax consequences to the parents (assuming their cottage is not their PR). However, if the child has a PR of their own, they will likely be taxed on 50 per cent of any future appreciation of the parents’ home.

As a rule of thumb, parents should not transfer their homes to their children, since the net result is almost always the conversion of a tax-free gain on their PR into a taxable gain in the hands of the children, leading to less overall family wealth.

In most cases, a better tax strategy is for parents to keep the house in their name until they die.

If you own a cottage, the same “phantom sale” results if you transfer it to one of your children. In some cases this is a misstep, which results in a pre-payment of tax.

In other cases, the transfer of a cottage is part of effective tax planning. The idea is that you pay taxes now on the “sale,” so that future growth in the cottage value accrues to the child instead of you. Rather than transfer the cottage ownership, some parents obtain life insurance to cover the resulting income tax liability upon their death. However, the cost of the insurance may ultimately reduce the family’s wealth, so it is important to weigh these options carefully.

Bank accounts

As parents age, it is common for one of them to change their bank account (or brokerage account) to a joint account with one of their children (called joint tenancy), to avoid getting hit with probate fees. Despite creating a joint account, these parents often continue to report the income from the bank account on their own tax return. In essence, they just want to avoid probate fees and not actually transfer half the bank account to their child.

This is a common misstep, since Canada Revenue Agency has said that when someone just changes the name on a bank account, yet still has beneficial ownership of the bank account, there is no true joint tenancy and the transfer will fail to reduce probate fees.

So unless you transfer true ownership of the bank account – one indication of this may be your child reports half the income on their return, you have not minimized your probate fees or maximized your family wealth.

Another danger for larger families is that by listing just one child as a joint tenant on the bank account, the child may consider the account theirs and not their siblings, which can lead to estate litigation. Documentation of intention for the account is a must.

When considering changing an account to joint, parents should consider full disclosure to all their children about their intentions and how the account should be reported for tax purposes.

Jewellery, antiques and art

A significant misstep that can come back to haunt children is when parents “pretend” they don’t own expensive personal items such as jewellery, antiques and art. Some parents ignore these items purposely in their wills and rely on an understanding with their family that these items will “walk out the door” without being reported for income tax or probate purposes. As a parent you must understand that if you name any of your children as executors of your estate, you are asking them to evade income taxes and the law.

A simple way to avoid this misstep is to buy antiques, jewellery and art in your child’s name originally, so that any appreciation in value belongs to them.

Get informed

Too many people are ill-informed when it comes to taxes, probate fees and estate law. They end up making serious blunders that inadvertently reduce their family wealth. If you are looking for ways to pass your wealth to your children, do some research and obtain professional advice before changing the ownership of your most valuable assets.

Article: Globe and Mail