Sebastien Desmarais

Total 51 Posts

Sébastien Desmarais is a Tax and Estate Planner at TD Wealth, Wealth Advisory Services.

Corporately-Owned Insurance, Redemption Obligations and the U.S. Supreme Court

• • 0 Comments

Canadian estate and tax advisors may want to consider the case Connelly v. Internal Revenue Service, No. 23-146[1] (U.S. 3/27/24).  The U.S. Supreme Court (“SCOTUS”) issued its decision on June 6th and it serves as a good reminder of the implications of corporately-owned life insurance in the context of cross-border tax and estate planning for Canadian estates. The issue focused on the estate tax treatment of corporately-owned life insurance proceeds….

Corporately-Owned Insurance, Redemption Obligations and the U.S. Supreme Court Continue Reading »

Estate Planning, Insurance, IRS, Tax Issues, U.S. Citizen, United States, US Taxes, valuation

Taxation at Death & Capital Losses

• • 0 Comments

Advisors understand that on death, a Canadian resident is deemed to dispose of their assets at fair market value, often resulting in capital gains being triggered.  However, in some instances, capital losses may result. The legal representative of the estate should seek tax advice early if capital losses are triggered on death or if the deceased has capital losses from previous tax years.  There may be a strategic opportunity to….

Taxation at Death & Capital Losses Continue Reading »

Estate Planning, Tax Issues

Beneficiary of a U.S. Estate – Now What?

• • 0 Comments

What are the tax implications if you are a beneficiary of a U.S. estate? Rarely do we consider the implications of a Canadian resident inheriting from a U.S. estate. From a Canadian Tax Perspective The general rule is the Canadian beneficiary shall receive their inheritance tax-free since the U.S. estate is deemed to have acquired the assets at fair market value (i.e. cost-base step-up). Further, if the executor is a….

Beneficiary of a U.S. Estate – Now What? Continue Reading »

Estate Planning, International, Succession Planning, Tax Issues, Trusts, United States

Estate & GST/HST Clearance Certificate

• • 0 Comments

Section 270 of the Excise Tax Act (the “ETA”) requires a legal representative of an estate to apply for a GST/HST clearance certificate. This is to obtain confirmation that all outstanding GST/HST owing has been paid and satisfied prior to the final distribution of the deceased’s assets. Indeed, if the deceased was a GST/HST registrant (as an example, was operating a sole proprietorship at the time of death) and had….

Estate & GST/HST Clearance Certificate Continue Reading »

Estate Administration, Estate Planning, Executors, Tax Issues, Trustee

Trust Lending to a Beneficiary

• • 0 Comments

There may be instances where a beneficiary has an immediate need to access funds held in trust yet, the terms of the trust prevent the trustees from proceeding with an income or capital distribution to such beneficiary. In such a situation, if the deed of trust grants the right to the trustees to make a loan, it may be appropriate for the trustees to consider lending an amount to the….

Trust Lending to a Beneficiary Continue Reading »

Loans, Trustee, Trusts

Power of Attorney for Property & The Tax Association Rules

• • 1 Comment

The small business deduction is a key tax incentive for entrepreneurs of small businesses.  If the corporation qualifies as a Canadian controlled private corporation (commonly referred to as CCPC), the net federal tax rate for active business income is 9% on the first $500,000. The Income Tax Act (the “Act”) also has association rules to prevent business owners from multiplying the small business deduction among their businesses.  When two or….

Power of Attorney for Property & The Tax Association Rules Continue Reading »

Estate Planning, Power of Attorney, Tax Issues
Scroll to Top