Baker Tilly Canada

Designating a successor for the TFSA

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Designating the surviving spouse or common-law partner as the successor holder of the Tax Free Savings Account “TFSA” simplifies the administration of transferring the account upon the death of the decedent.  A successor holder may only be a spouse or common-law partner. All provinces and territories in Canada, except Quebec, recognize the designation of a successor holder of a TFSA in the contract itself although the designation can also be….

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Succession Planning

OAS Planning

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The Old Age Security (“OAS”) pension is a monthly payment you can get if you are 65 years of age or older. In many cases, Service Canada will automatically enroll you in the year prior to your 65th birthday. To the occasional surprise of some folks, the receipt of OAS is subject to a claw back if “adjusted” income exceeds a certain threshold ( approximately $78,800 for 2021 income year)….

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Canada Revenue Agency, Estate Planning, Investments, Loans, Tax Issues, Trusts, Uncategorized

Beneficial ownership reporting – don’t rush to wind-up the trust

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Proposed trust reporting rules I have read a number of articles published throughout 2021 stating that the new proposed trust reporting rules are coming.  Under the proposed new trust reporting rules, express trusts are required to report the beneficial ownership information to Canada Revenue Agency (CRA) and unless the Department of Finance changes the effective date for trusts that have a taxation year ending after December 30th, 2021, then the….

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Canada Revenue Agency, Estate Administration, Tax Issues, Trusts, Uncategorized

The executor’s year – taxation “not made” simple

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Determining the bearer of the tax burden on income earned in an individual’s estate is not as simple as one might think. There are some basic taxation rules that apply to an estate which result in either the estate or the beneficiaries becoming ultimately liable for the tax. The tax burden An estate is responsible to pay tax on the income earned from assets held by the estate where the….

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Canada Revenue Agency, Estate Administration, Executors

The Chronicles of an Estate Plan: The Settlor, the Kids and the Cottage

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Alter-ego and joint-spousal[1] trusts are inter-vivos trusts commonly used in estate plans to hold legal title of assets for the benefit of the individual and/or their spouse, prior to death, accomplishing some of the following benefits: avoiding probate, providing privacy, expediency of inheritance distribution, and minimization of legal challenge on estate assets. Tax deferred transfer The transfer of assets to these trusts are accomplished on a tax-deferred basis by relying….

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Canada Revenue Agency, Cottage, Estate Planning, Tax Issues, Trusts

Pipeline planning and the dangers of subsection 84(2)

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In 1789, Benjamin Franklin, one of the founding fathers of the United States Constitution, provided the world with this great quote, “nothing is certain except death and taxes”. In 2021, John Oakey, the founding father of three Oakey children, is providing the world (or at least anyone reading this blog) with this great quote “nothing is certain with death and taxes”. Minimizing tax exposure The certainty of taxes upon death….

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Business Succession Planning, Estate Planning, Succession Planning, Tax Issues
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