Tax Issues

Total 362 Posts

Clarifying U.S. Estate Tax for Canadians

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It comes as a surprise to many Canadians to learn their estate may be subject to U.S. estate tax. Indeed, the U.S. estate tax regime is broad and complex and misunderstood by many Canadians. This article will provide a summary overview of its application to Canadian and how to minimize its implications. U.S. Estate Tax Regime in General All U.S. persons (U.S. citizen, U.S. resident or green card holder) are….

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Canadian and US Tax Treaty, Estate Planning, International, IRS, Tax Issues, US Taxes

The Limits of Pour-Over Clauses in Ontario (And What to Do Instead)

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    Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly litigation. What Is a Pour-Over Clause—and Why Is It Problematic? A pour-over clause is a provision in a will that….

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Estate Administration, Estate Planning, Succession Planning, Tax Issues, Trusts, United States, Wills

Cross-Border Charitable Donation & U.S. Donor

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Philanthropy can strengthen one’s estate plan. In Canada, an estate plan may integrate charitable donations to leave a legacy to our community while taking advantage of the associated tax benefits. Such strategy can be implemented during the donor’s lifetime or upon the donor’s death. If the donor is a U.S. citizen living in Canada (hereinafter referred as a “U.S. donor”), does the strategy work? U.S. donor & U.S. Tax Filings….

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Charitable Giving, International, Philanthropy/Charitable Giving, Tax Issues, U.S. Citizen, US Taxes

Ontario Estate Information Return Essentials

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  The Institute of Law Clerks of Ontario recently hosted an education session on Ontario’s Estate Administration Tax (“EAT”) and the Estate Information Return (“EIR”), presented by a representative of the Ontario Ministry of Finance (“MOF”). I was particularly interested in this session as I wrote about the new online filing process for EIRs in my last blog post https://allaboutestates.ca/estate-information-return-the-new-online-process/. Today’s blog will share some of the key takeaways from….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Probate Tax, Tax Issues, Wills

We Have a Joint Ownership Problem

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Joint ownership of property with a right of survivorship is perhaps the most common or popular means by which a couple, for example, owns a home in Ontario.  Simply put, “joint with right of survivorship” means that when one of the two joint owners dies, the other becomes the owner of the property.  The succession….

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Estate Planning, Property, Spouse, Succession Planning, Tax Issues

Again and Again About the Capital Gain: Cottage Succession Planning Part 2

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Scotiatrust

This blog post was written by: Derek Hambly, Estate and Trust Consultant, Scotiatrust London In part one of this post, posted on June 5th we discussed that if your cottage is not also a qualified farm or fishing property, avoiding capital gains entirely can only really be done by declaring it as your principal residence. However, in the circumstance where the cottage is not the best option to declare as….

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Cottage, Estate Planning, Tax Issues
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