On death you might say that Canada is a tax haven. Unlike our neighbours south of the 49th parallel, we are not subject to an estate or inheritance tax on death. We are, however, subject to an income tax which while still a tax, is generally less than an estate or inheritance tax…..
In the past I have blogged about the challenges of being a US citizen taxpayer. See ‘Keeping Your “Accidentally American” Status’ dated May 3, 2015. I’d like to revisit this topic in today’s blog. Let me provide some background…..
CANADIAN RESP – IS THIS A GOOD ASSET FOR A US TAXPAYER Continue Reading »
RESPOne cannot be engaged in an estate planning practice without being asked “why do I need a Will”. For those living family members of the recently departed entertainer, Prince, the answer will, unfortunately become all too clear. According to numerous news reports, the iconic entertainer died without a Will. As a result, the surviving family, comprised of siblings and half-siblings, can expect the legal issues to carry-on for quite some time before their brother can truly rest-in-peace…..
I’LL GET TO MY WILL ON ANOTHER DAY… Continue Reading »
Estate Planning, WillsLike many countries rules for being a citizen, an individual is a US citizen either because they were born in the United States or because they have become a citizen through the process of naturalization. Either way, once a US citizen you are entitled to the rights, privileges and benefits of being a US citizen. One of those privileges is the right to acquire a US passport. ….
UNCLE SAM’S REACH CONTINUES – THIS TIME POTENTIALLY TO YOUR ABILITY TO TRAVEL Continue Reading »
U.S. Citizen, United StatesFor those of our readers who are a “spouse”, have you ever considered whether you remain a spouse after the death of your spouse. This was the issue the Tax Court of Canada had to consider in the case of Kuchta v. The Queen, 2015 TCC 289. In particular, the Court considered the meaning of the word “spouse” in the context of the provisions under ss.160(1) of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) (the “Act”). ….
MEANING OF SPOUSE Continue Reading »
SpouseA recent Alberta Court of Queen’s Bench decision in Morrison v. Morrison 2015 CarswellAlta 2249 (Alta.Q.B.) reminds advisors and clients alike of (i) the need to consider the income tax consequences of not only their overall estate plan, but components within it, and (ii) the importance of stating intention expressly and directly, particularly when one child may be benefitted more so than other children. The facts in Morrison were not unusual nor is the fact that, despite the relatively modest dollar amounts involved, the matter went to trial – an unfortunate result for all concerned…..
BEWARE OF HIDDEN TAX CONSEQUENCES Continue Reading »
Estate Litigation, Estate Planning, Family Conflict, Wills