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What is a Reasonable Error

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Further to my last post, the Canada Revenue Agency (“CRA”) does have the discretion to waive tax penalties on excess (or deemed to be excess) contributions to Tax Free Savings Accounts (“TFSA’s) and Registered Retirement Savings Plans (“RRSP”) if an excess contribution  to a TFSA or RRSP resulted from a reasonable error under the applicable sections of the Income Tax Act (“ITA”). With regard to TFSA’s, it would be for….

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Estate Planning, In the News, Investments, Property, Tax Issues, Uncategorized

Non-Resident Beneficiaries and Canadian Real Property: Canada’s hot housing market can increase the work of estate executors

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Distributions from the estate of a Canadian resident to a non-resident can give rise to additional compliance obligations under section 116 of the Income Tax Act where the estate owns Canadian real estate.  The need for such a clearance certificate is determined based on the value of real estate held by the estate in relation to the total residual value of the estate. Given the current boom in the Canadian….

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Whose Claim Is It Anyway?

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In the recent decision of Goldentuler v. Simmons Da Silva LLP, 2021 ONCA 2019, the Court of Appeal for Ontario considered whether an individual had capacity to commence a lawsuit in which the cause of action belonged to an estate. Facts The late Henry Goldentuler (“Henry”) was a lawyer in private practice. Before his death, Henry commenced an action against a group of former employees who had removed 120 client….

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Bill 245 and Changes to the Succession Law Reform Act

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On February 5, 2021, I wrote a blog on Section 16(b) of the Succession Law Reform Act. Now, almost three months later, Ontario’s Bill 245 has received royal assent. Among many other changes to various pieces of legislation, Bill 245 revokes section 16 of the Succession Law Reform Act (the “SLRA”) in its entirety. Accordingly, a Will will no longer be revoked by a subsequent marriage of the testator. This….

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Selected Tax Measures in the 2021 Federal Budget – Canada

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In a historic moment in Canadian history, Canada’s first female Minister of Finance (and Deputy Prime Minister), the Honourable Chrystia Freeland, presented the Government of Canada’s 2021 Federal Budget (“Budget 2021”) on April 19, 2021.  Budget 2021 contains significant proposals to amend the Income Tax Act (Canada) (the “ITA”), the Excise Tax Act (the “ETA”) and the Excise Act, 2001 (the “EA”) while also providing updates on previously announced tax….

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Foundation Disbursement Quota Increase

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  The 2021 Federal Budget announced the Government’s intentions to launch a consultation with charities about “potentially increasing the disbursement quota…beginning in 2022.”   Any increase of the disbursement quota (DQ) rate above the current 3.5% annual requirement will have significant implications for the charitable sector, foundations and donors.  Below is a longer than usual analysis of what it means and what to expect. Budget Announcement The Budget announcement is curiously….

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Philanthropy/Charitable Giving, Uncategorized
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