Tax Issues

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Joint Ownership & Tax Considerations

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The benefits of joint property ownership as an estate and probate planning strategy are well known; property vests to the surviving owner(s) on death thus, bypassing the estate and avoiding probate fees. In the right circumstances, joint ownership works great and facilitates the succession of the property. However, what may be overlooked are the potential unintended tax consequences associated with joint ownership. Joint Ownership: Legal vs Tax For legal purposes,….

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Estate Planning, Joint Tenancy, Probate Tax, Resulting Trust, Tax Issues

The New 2024 Alternative Minimum Tax and Trusts – The intended target or unintended victim?

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This blog post was written by Melissa Plunkett, Director, Scotiatrust Over my almost twenty-five-year career in the trust industry, I have seen a lot of clients who have settled trusts for protection – protection of assets and protection of the beneficiary.  Over the course of this past year, with all the Alternative minimum tax (AMT) changes, proposed changes, proposed changes that did not go through, and more changes, I’ve waited….

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Tax Issues, Trusts

Can the CRA seize the proceeds of life insurance?

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An existing tax debt at the time of death can wreak havoc on the administration of an estate and can jeopardize the estate and insurance planning. This is because the Canada Revenue Agency (“CRA”) is not your typical creditor and has statutory powers to seize assets of the estate beyond what other creditors may seize. Personal Insurance If the insurance proceeds are payable to the designated beneficiary(ies) under the insurance….

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Estate Planning, Insurance, Tax Issues, US Taxes

Turbulent Times and Estate Planning

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto The world is changing very fast and conversations that I am having with people today include generous helpings of “T” words other than “tax” and “trust.”  I could try to keep count of how many times I hear the word “tariff”, but the score is obviously high.  So much so, in fact, that even my elementary….

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Estate Planning, Tax Issues, Trusts, valuation

To Be or Not to Be a Spouse: A Follow-Up on Enns V The King

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Maddi Thomas, associate, and Donya Ashnaei, articling student, Gowling WLG (Canada) LLP Background I wrote a blog post on Enns v the King, 2023 TCC 28, last year. This case was significant for estate planners, as the ruling extended the Canada Revenue Agency’s (“CRA”) reach under section 160 of the Income Tax Act (the “Act”). A little over a week ago, the Federal Court of Appeal (“FCA”) overturned the TCC’s….

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Appeals, Spouse, Succession Planning, Tax Issues

The Foreign Corporation on Death – Where Do We Start?

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A hand holds a red puzzle piece over grey pieces on a table.

When an entrepreneur dies owning shares or an interest in a foreign corporation, the executor is faced with a challenging situation.  An estate with ownership or an interest in a foreign corporation raises specific and complex tax rules that leave the executor and family members hoping the deceased has a well-organized tax and estate plan in place. Where to start? The executor needs to be proactive. First, it needs to….

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Estate Administration, Estate Planning, Executors, International, Tax Issues
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