Baker Tilly Canada

A change in trustee could be a tax problem

The acquisition of control (AOC) rules in the Income Tax Act (ITA) are designed to prevent non-related persons or group of persons from trading in corporations that have unutilized losses for income tax purposes by restricting the corporation’s ability to deduct unutilized losses when control of the corporation has been acquired (i.e. change in shareholders). We know that the AOC rules can apply when there is a change in the….

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

Estate planning and TOSI – Part II

In my previous blog, Estate planning and TOSI Part I, I introduced the concept of the tax on split income (TOSI) continuity rules which are extremely important when estate planning.  The objective of the continuity rules is to afford the beneficiary, who would not have an excluded amount of their own, with an excluded amount exception TOSI. The continuity rules accommodate many estate situations, but the rules do not accommodate….

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Business Succession Planning, Estate Planning, Tax Issues

Estate planning and TOSI – Part I

Finance stated that the purpose of the revised tax on split income (TOSI) regime, which became effective January 1, 2018 was “to limit the ability of owners of private corporations to lower their personal income taxes by sprinkling their income to family members who do not really contribute to the business.”[1] The objectives related to estate planning generally have nothing to do with income splitting, but families with private companies need to consider TOSI….

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Business Succession Planning, Estate Planning, Tax Issues
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