Small Business

Total 54 Posts

Is AI Impacting the Value of Your Business?

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binoculars on a wooden table to express the idea of Elder Care Planning Framework

Artificial intelligence (“AI”) is transforming the business landscape at a remarkable pace. While much has been written about the opportunities AI can create, less attention has been given to the ways it can reduce the value of a small or family-owned business when it is poorly implemented (or simply ignored), weakly governed, or not aligned with changing market expectations. Refinancing and Business Value When AI contributes to a decline in….

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Estate Planning, Small Business, valuation

LCGE for Sole Proprietors – When the Exception Makes the Rule

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This article is written by Nicole Ewing, Director, Tax & Estate Planning, TD Wealth As professional advisors, we often speak in generalities and paraphrase rules to make our complex worlds more accessible to our clients. But there’s a risk in this oversimplification – sometimes important exceptions become unknown and worse, underutilized. For example, when we consider succession planning options for business owners, the Lifetime Capital Gains Exemption (LCGE) invariably takes centre….

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Estate Planning, Small Business, Tax Issues

The Buy-Sell Agreement At Death

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Estate and corporate advisors often suggest to shareholders to enter into a shareholders’ agreement. The shareholders’ agreement is essentially a contract where the shareholders plan in advance for certain contingencies or future events for which they are in agreement as to the outcome. Essentially, the shareholders’ agreement governs the shareholders’ relationship and the rules and procedures in case of a dispute or an event, notably, the transfer of shares on….

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Estate Administration, Estate Planning, Small Business, Tax Issues, Wills

Valuation of Interests in Discretionary trusts and Family Law

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These days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues related to these trusts in family law, including the determination of what is considered “included” and “excluded” family property before….

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Business Succession Planning, Contracts, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Investments, Property, Real Estate, Resulting Trust, Separation, Small Business, Spouse, Trusts, valuation

INSURANCE TRACKING SHARES

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If a taxpayer owns shares of a corporation and passes away, he or she is deemed to have disposed of their shareholding at fair market value (“FMV”) unless a tax-free rollover is applied (e.g., rollover to a surviving spouse). The disposition of shares may cause a tax liability. In the circumstance where this shareholding was in the form of a significant shareholding in a privately held corporation, there may be….

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Business Succession Planning, Canada Revenue Agency, Estate Planning, Insurance, Investments, Property, Small Business, Succession Planning, Tax Issues, Trusts, Uncategorized

CRA issues favourable ruling on post-mortem pipelines

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The Canada Revenue Agency (CRA) has been asked on numerous occasions to weigh in on whether specific post-mortem planning implemented by taxpayers to avoid double taxation would result in a deemed dividend. In a recent ruling, the CRA concluded that it would not apply either specific tax rules or the General Anti Avoidance Rule (GAAR) to the proposed transactions. When an individual dies holding shares of a private corporation with….

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Canada Revenue Agency, Estate Planning, Small Business, Succession Planning, Tax Issues, Wills
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