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Tax Strategies for 2007 and beyond Advocis Wealth Weekend - Banff August 2007 Jamie Golombek CA, CPA, CFP, CLU, TEP Vice-President, Tax & Estate Planning FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Agenda TAX STRATEGIES FOR 2007 AND BEYOND… 1. Tax rates 2. Federal Budget 2007 highlights 3. Pension splitting 4. SWPs and T-Flex 5. Hot cases FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Federal tax rates 2007 TAX STRATEGIES FOR 2007 AND BEYOND… New federal tax brackets 0 – $ 37,178 15.5% $ 37,178 – $ 74,357 22% $ 74,357 – $ 120,887 26% $ 120,887 + 29% $ FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Investment income – 2007 top marginal rates TAX STRATEGIES FOR 2007 AND BEYOND… Interest Capital gains Eligible Dividends 43.7% 39.0% 44.0% 46.4% 46.4% 48.2% 46.8% 48.3% 47.4% 48.6% 21.9% 19.5% 22.0% 23.2% 23.2% 24.1% 23.4% 24.1% 23.7% 24.3% 18.5% 17.5% 20.4% 23.8% 24.6% 29.7% 23.0% 28.4% 24.4% 32.5% B.C. Alberta Saskatchewan Manitoba Ontario Quebec New Brunswick Nova Scotia P.E.I. Newfoundland FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Increasing RRSP maturity age limit TAX STRATEGIES FOR 2007 AND BEYOND… Mandatory conversion at age 71 (up from 69) Reconvert RRIF back to RRSP or Open new RRSP (if contribution room available): – Contribute up to $19,000 for 2007 – Contribute up to $20,000 for 2008 No minimum RRIF withdrawals – 70 in 2007? – No minimum for 2007 and 2008 – 71 in 2007? – No minimum for 2007 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. RESP changes TAX STRATEGIES FOR 2007 AND BEYOND… Elimination of $4,000 annual contribution limit – Ability to lump-sum fund RESPs Lifetime limit increased to $50,000 (from $42,000) Increase in maximum annual CESG entitlement – $500 per year (i.e., $2,500 X 20%) – $1,000 per year for catch-up CESGs (i.e., $5,000 X 20%) Maximum CESG limit of $7,200 unchanged FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Child Tax Credit – NEW TAX STRATEGIES FOR 2007 AND BEYOND… $2,000 amount per child < age 18 – 2,000 X 15.5% = $310 per child Unused portion transferable to spouse/partner Not income-tested FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Registered Disability Savings Plan (RDSP) TAX STRATEGIES FOR 2007 AND BEYOND… Beneficiary must be eligible for disability tax credit Contribution limit: $200,000 lifetime – No annual limit – Not deductible – earnings/growth tax-deferred Anyone can contribute – Contributions can’t be refunded to contributor Contributions until end of year beneficiary turns 59 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Canada Disability Savings Grant (CDSG) TAX STRATEGIES FOR 2007 AND BEYOND… Family income < $74,357 – 300% on first $500 / 200% on next $1,000 – Contribute $1,500 + $3,500 of CDSG = $5,000 Family income > $74,357 – 100% on first $1,000 Lifetime limit $70,000 CDSGs until end of year beneficiary turns 49 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Canada Disability Savings Bonds (CDSBs) TAX STRATEGIES FOR 2007 AND BEYOND… Maximum of $1,000 annually – Family net income < $20,883 – Phased out at net family income of $37,178 No contributions required Lifetime limit of $20,000 of CDSBs CDSBs until end of year beneficiary turns 49 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. RDSP withdrawals TAX STRATEGIES FOR 2007 AND BEYOND… Must begin at age 60 Subject to maximum annual limits based on life expectancy Taxed in hands of beneficiary Withdrawals excluded from federal incometested benefits calculations – OAS & EI benefits FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Other changes TAX STRATEGIES FOR 2007 AND BEYOND… Lifetime capital gains exemption increased to $750,000 – Small business owners, farmers and fishers Elementary and secondary school scholarships Spousal amount – Elimination of “marriage penalty” – Increased to $8,929 (but no income threshold) FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Other changes (cont’d)… TAX STRATEGIES FOR 2007 AND BEYOND… Increase of quarterly instalment threshold – $3,000 ($1,800 for Quebec residents) – Effective 2008 and future years Donations of eligible securities to private foundations FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Donation of appreciated securities TAX STRATEGIES FOR 2007 AND BEYOND… Elimination of capital gains tax on donations of appreciated securities to charity – Publicly listed stocks – Mutual funds, segregated funds FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Elimination of capital gains tax… TAX STRATEGIES FOR 2007 AND BEYOND… Mark wants to donate $100,000 worth of funds to his favourite charity Market value ACB Capital gain Taxable gain (50% vs. 0%) Tax on capital gain (at 45%) (A) Tax benefit of gift (at 45%) (B) Net tax benefit (A+B) Net savings from new proposal FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Donate cash Donate funds $100,000 (20,000) $100,000 (20,000) 80,000 40,000 (18,000) 45,000 27,000 80,000 NIL NIL 45,000 45,000 $18,000 Win – Win – Win TAX STRATEGIES FOR 2007 AND BEYOND… Client wins – Saves $18,000 of tax – Increases ACB of investment Charity wins – Receives significantly larger gift Advisor wins – Adds values through tax idea – Generates new business/sale FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. What’s missing from Budget 2007? TAX STRATEGIES FOR 2007 AND BEYOND… Capital gains tax relief (six-month reinvestment) – Promised in January 2006… Broad-based income splitting – Limited to pension income splitting (Oct. 31, 2006) FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Pension income splitting TAX STRATEGIES FOR 2007 AND BEYOND… Canadian resident Income that qualifies for “pension credit” – Age 65+ Annuity payments out of an RPP, RRSP or DPSP RRIF withdrawals – Under 65 RPP lifetime annuity payments Allocate up to 50% of income to spouse/partner Effective for 2007 and subsequent years FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Systematic withdrawal plans (SWPs) TAX STRATEGIES FOR 2007 AND BEYOND… Enables payments from account on a regular basis Each “payment” is a withdrawal – Withdrawal = redemption Tax efficient FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. SWP example TAX STRATEGIES FOR 2007 AND BEYOND… Investment: 30,000 shares @ $10 $300,000 Market appreciation: 6%* 18,000 Investment after one year $318,000 Redemption (12 x $1,500): Balance remaining * Based on the assumption that the fund will return 6% per annum FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. 18,000 $300,000 SWP example (cont’d) TAX STRATEGIES FOR 2007 AND BEYOND… $ 10.00 Price @ Jan. 1 Market appreciation* + 6% # of shares sold Original price 1,698 x $ 10.00 Price at year end $ 10.60 Total cost $ 16,980 Cash required $ 18,000 Proceeds of disposition $ 18,000 Price ÷ $ 10.60 # of shares sold 1,698 * Based on the assumption that the fund will return 6% per annum FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Adjusted cost base Capital gain - $ 16,980 $ 1,020 SWP example (cont’d) TAX STRATEGIES FOR 2007 AND BEYOND… Capital gain $1,020 Taxable capital gain 50% $ 510 Taxes payable 45% $ 230 Effective tax rate on $18,000 * Based on the assumption that the fund will return 6% per annum FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. 1.3% Effective tax rate on SWP withdrawal TAX STRATEGIES FOR 2007 AND BEYOND… Effective tax rate 25% 20% 15% ? 10% 5% 0% 1 2 3 4 5 25 Year Assumption: Top marginal rate of 45% * Based on the assumption that the fund will return 6% per annum FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. 105 Introducing T-Flex TAX STRATEGIES FOR 2007 AND BEYOND… What is T-Flex? Benefits How T-FLEX works Additional investor material FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. What is T-FLEX? TAX STRATEGIES FOR 2007 AND BEYOND… T-FLEX: Tax-efficient flexible distribution series that allows investors to choose from three target annual distribution levels to generate a tax-efficient cash flow stream FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Benefits TAX STRATEGIES FOR 2007 AND BEYOND… Steady monthly cash flow Sustainable distributions Flexibility Tax efficiency FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Return of capital TAX STRATEGIES FOR 2007 AND BEYOND… Occurs when a fund returns portion of original capital or distributes unrealized gains Not considered income, dividends or capital gain Reduces the adjusted cost base of units/shares Results in potentially higher capital gain when units/shares are redeemed FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. The new tax efficiency spectrum – General TAX STRATEGIES FOR 2007 AND BEYOND… Most efficient 1. Return of capital 2. Eligible Canadian dividends 3. Capital gains 4. Interest & foreign income (e.g., global dividends) FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Least efficient What is ROC? TAX STRATEGIES FOR 2007 AND BEYOND… FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Return of capital TAX STRATEGIES FOR 2007 AND BEYOND… What is “return of capital”? Return “on” capital GOOD FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Return of your own capital BAD ROC – Non-cash deductions – The good – Part I TAX STRATEGIES FOR 2007 AND BEYOND… Distributable cash in REIT: $100 Eligible tax deductions: Financing expense (over 5 years) Capital cost allowance (20) (40) Taxable distribution $40 Return of capital $60 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. ROC – The good – Part II TAX STRATEGIES FOR 2007 AND BEYOND… FMV at beginning of year $1,000 Fund: Income + realized gains Unrealized gain Less: distribution FMV at end of year FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. 60 30 (80) $1,010 ROC – Example TAX STRATEGIES FOR 2007 AND BEYOND… January 1, 2004 – $1,000 investment, 100 units Annual “yield” – 10% Annual profits – 5% FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. ROC – The bad TAX STRATEGIES FOR 2007 AND BEYOND… January 1, 2004 Profit of income trust: Less: distribution December 31, 2004 Price at year-end January 1, 2005 Profit of income trust: Less: distribution December 31, 2005 Price at year-end $1,000.00 50.00 (100.00) $950.00 $ $ 9.50 $950.00 50.00 (100.00) $900.00 9.00 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. January 1, 2006 Profit of income trust: Less: distribution December 31, 2006 Price at year-end $ $900.00 50.00 (100.00) $850.00 8.50 Return of capital – The ugly… TAX STRATEGIES FOR 2007 AND BEYOND… “Half the more than 250 income trusts could be categorized either as pyramid schemes or outright ponzi schemes . ” – Dr. Al Rosen National Post, April 27, 2007 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. ROC interest deductibility TAX STRATEGIES FOR 2007 AND BEYOND… Borrow to invest in an income trust Distributions consist partially of ROC Is all the interest still deductible? CRA Technical Interpretation 2003-0000825, dated May 13, 2003 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. How T-FLEX works TAX STRATEGIES FOR 2007 AND BEYOND… Monthly distribution is based on preferred target annual level (i.e., 4%, 6% or 8%) Reset annually to maintain original target level FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. How T-FLEX works: Calculation of monthly payments at share level TAX STRATEGIES FOR 2007 AND BEYOND… Year 1 1. 2. 3. Determine NAVPS on December 31 of previous year Calculate target annual distribution amount (6% of NAVPS) Divide by 12 for monthly payout Monthly distribution per share for Year 1 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. $10.00 $10.00 x 6% = $0.60 $0.60 / 12 = $0.05 5 cents How T-FLEX works: Calculation of monthly payments at share level TAX STRATEGIES FOR 2007 AND BEYOND… Year 2 Scenario A: Assumes NAVPS increases NAVPS on December 31 of Year 1 6% of NAVPS Monthly distribution per share for Year 2 $10.20 $0.612 5.1 cents Scenario B: Assumes NAVPS decreases NAVPS on December 31 of Year 1 6% of NAVPS Monthly distribution per share for Year 2 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. $9.80 $0.588 4.9 cents How T-FLEX works: Calculation of monthly payments at fund level TAX STRATEGIES FOR 2007 AND BEYOND… Year 2 Scenario A: Based on NAVPS of $10.20 Shares x distribution per share = monthly cash flow 10,000 $0.051 $510 Scenario B: Based on NAVPS of $9.80 Shares x distribution per share = monthly cash flow FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. 10,000 $0.049 $490 What is the adjusted cost base (ACB)? TAX STRATEGIES FOR 2007 AND BEYOND… Cost of a mutual fund investment for tax purposes ACB = Cost of mutual fund units + reinvested distributions - ROC distributions FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. How T-FLEX works: The big picture TAX STRATEGIES FOR 2007 AND BEYOND… Scenario 1: 6% target distribution, 7% return Cumulative monthly distributions paid over 20 years: approximately $130,000. Year FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. How T-FLEX works: The big picture TAX STRATEGIES FOR 2007 AND BEYOND… Scenario 2: 6% target distribution, 5% return Cumulative monthly distributions paid over 20 years: approximately $108,000. Year FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Corporate class structure: impact of switching TAX STRATEGIES FOR 2007 AND BEYOND… FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Gains & losses – Trust structure TAX STRATEGIES FOR 2007 AND BEYOND… Fund A has $1,000 in capital gains Fund B has $1,000 in capital losses Distributions: – Fund A – $1,000 of capital gains – Fund B – no distribution $1,000 capital loss carryforwards FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Gains & losses – Corporate structure TAX STRATEGIES FOR 2007 AND BEYOND… Class A has $1,000 in capital gains Class B has $1,000 in capital losses • No distribution for Class A or Class B FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Advantages of Capital Loss Carry Forwards TAX STRATEGIES FOR 2007 AND BEYOND… $1.22 Billion Capital Loss Carry Forward AIM 2000 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Trimark Commissions paid to corporations – Wallsten TAX STRATEGIES FOR 2007 AND BEYOND… Wallsten et al v. The Queen [2001 FTR 35913] Insurance salesperson redirected commissions received personally to corporation – Valid assignment under tax law notwithstanding violation of contract FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Commissions paid to corporations – CRA’s comments TAX STRATEGIES FOR 2007 AND BEYOND… ITTN No. 22 – January 11, 2002 – Not accepting decision – Underestimated impact – If illegal, commissions must be reported personally Cannot be transferred to corporation, regardless of documentation FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Update on advisor incorporation TAX STRATEGIES FOR 2007 AND BEYOND… MFDA Rule 2.4.1 suspended until December 31, 2008 – B.C., Saskatchewan, Ontario, Nova Scotia Recent CRA comments – Technical interpretation 2006-017653117, dated April 18, 2006 Canadian Securities Administrators working group – Registration Reform Project Recent IDA comments – Proposed amendments to By-Law 39 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Advisor incorporation TAX STRATEGIES FOR 2007 AND BEYOND… Boutilier v. the Queen, 2007 TCC 96 (Feb. 2007) Advisor assigned mutual fund trailers to corporation CRA reassessed him personally – No formal employment contract – No remuneration from corporation – No business expenses paid by corporation FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Singleton TAX STRATEGIES FOR 2007 AND BEYOND… Singleton $300,000 Purchase home Home $300,000 Law firm FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Singleton TAX STRATEGIES FOR 2007 AND BEYOND… Singleton $300,000 Purchase home Home $300,000 $300,000 $300,000 Law firm Bank FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. GAAR – Lipson TAX STRATEGIES FOR 2007 AND BEYOND… Lipson v. the Queen, 2006 TCC 148 Singleton-type planning Can you use attribution rules to your advantage? FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Lipson – Summary TAX STRATEGIES FOR 2007 AND BEYOND… Purchase shares $562,500 Earl Lipson Jordanna Lipson Loan: $562,500 Home Lipson Family Investments Ltd. Mortgage: $562,500 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Bank Lipson – GAAR? TAX STRATEGIES FOR 2007 AND BEYOND… Provisions of the Act were “misused” and “abused”: – Interest deduction provision & attribution rules were “used to achieve a purpose for which they were never intended.” “contrived transaction” Lipson appealed – LOST – March 19, 2007 – Leave is being sought to SCC… FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Beware of joint accounts TAX STRATEGIES FOR 2007 AND BEYOND… Spouse vs. adult children Control issues – Signing authority – Account available to creditors of son/daughter – Account subject to division of matrimonial property Tax & trust planning issues FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Joint accounts at the SCC TAX STRATEGIES FOR 2007 AND BEYOND… Pecore v. Pecore, 2005 CanLII 31576 (ON C.A.) Saylor v. Brooks, 2005 CanLII 39857 (ON C.A.) SCC confirms both decisions – May 3, 2007 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Creditor protection for RRSP/RRIF TAX STRATEGIES FOR 2007 AND BEYOND… 2002 Personal Insolvency Task Force Report Saskatchewan Registered Plan (Retirement Income) Exemption Act 2003 Standing Senate Committee on Banking, Trade and Commerce: “Debtors and Creditors Sharing the Burden” 2004 2005 Bill C-55 – An Act to… amend the Bankruptcy and Insolvency Act… first reading June 2005 2007 Bill C-62 – An Act to… amend the Bankruptcy and Insolvency Act… Senate – 1st reading – June 2007 FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed. Tax Strategies for 2007 and beyond Advocis Wealth Weekend - Banff August 2007 Jamie Golombek CA, CPA, CFP, CLU, TEP Vice-President, Tax & Estate Planning FOR ADVISOR USE ONLY – No portion of this communication may be reproduced or redistributed.