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Special Needs Planning Presented and created by: David Yurich, B.Comm., CFP®, RFP, CLU Director Private Client Group, Senior Investment Advisor Special Needs Planning Provide for our communities', sons & daughters with a disability → ”Quality of Life” they are entitled to it now and when we are gone Protect their entitlement to Ontario Disability Support Program & other Government Programs Must be certain that the planning that is done, does not infringe on government regulation (s) Ensure children cannot outlive the benefits they derive from our planning Special Needs Planning As parents, want guarantees in place to ensure intentions are met after we are gone Fairness to Siblings: Common theme not to burden non disabled children with responsibility of caring for disabled sibling Parents realize these children either lead or will lead their own lives Ensure plans are simple & effortless Proper balance between needs of All children Special Needs Planning Goals What the disability and caregiver tax credit means to you and your family Why creating a Henson Trust, via a Testamentary Trust Will is so important to you and your family How we can use the tax savings to offset the creation of these trusts How we can use the tax savings to offset the long term funding costs these trusts Explore the reality and importance of long term financial and estate planning Review the current benefits offered through the Ontario Disability Support Program Benefits Explore the newly created Registered Disability Savings Plans with a focus on the available Canada Disability Savings Grant and the Canada Disability Savings Bonds Disability (DTC) & Care Giver Tax Credit (CGTC) Copy of DTC in package – Package contains: Federal DTC Certificate and a list of current Qualified Medical Expenses Tax Credit items Must be completed by parent and qualified practitioner What constitutes the qualification for DTC , CGTC DTC & CGTC… “Why Bother?” Max DTC transferred from child (2012 tax year) $7546 Additional Supplement $4402 (Child under age 18-offset with child care expenses) Total possible Tax Credit $11,958 Tax savings range $1,131 - $1,792 (real $$) Retroactive to date of diagnosis - can go back 10yrs or more ($11319 - $17,937) Source: 2012 Federal Schedule 1 (T1 General) Care Giver Tax Credit Children with disabilities possibly grow up to be adults with disabilities Tax credit $4402 – Income dependent In addition to DTC “Medical Expense” • Don’t qualify for DTC or CGTC, then claim all associated medical expenses • Claim medical expenses for yourself, spouse or common law spouse partner & children born 1994 or later • List of “Eligible Expenses” in kit Source: 2012 T1 General Income Tax Guide Will Kits…Not the answer for families of people with disabilities Kits advertised on Radio @ very low cost Advertisements suggest replacing a competent lawyer to complete Wills by filing out blanks on a questionnaire Concern → Don’t ask the right questions regarding special needs We encourage retaining professional legal advice with individuals who specialize in this field Testamentary Trust Wills & The Henson Trust What is it ???? Trust that arises on death through a Will Creates legal relationship between the Settlor, the Trustee & the Beneficiary What makes Testamentary Trusts different from other Trusts is the favorable tax treatment they receive under Income Tax Act (ITA) (at this time) Pay tax at graduated levels Testamentary Trust Wills & The Henson Trust Terms of Trust can provide for payment of income/capital or both to Beneficiaries Interest of Beneficiaries can be fixed in the Will or Discretion to allocate the income and/or capital among the Beneficiary(ies) can be left to the Trustee Testamentary Trust Wills & The Henson Trust Beneficiaries of Trust have interest in Trust Property Trustee is legal owner of property Trustee has authority to control the management of the assets Trustee has absolute power over the assets with discretion to exercise power based on Settlors wishes/intentions Taxation of Testamentary Trust Trust treated as separate tax payer under ITA Trust files Income Tax Returns to report income, gains & distributions to Beneficiaries each year Can have a non-calendar year Trust receives deduction from income & gains in a year for amounts paid to Beneficiaries in that year Taxation of Testamentary Trust Living Trusts “Intervivos” pay tax @ highest Marginal Tax Rate (MTR) Testamentary Trusts pay tax at a graduated level Ontario combined Federal/Provincial 2013 First Over Over Over Over Over Over Over Over $39723 $39723 $43561 $69963 $79448 $82422 $87123 $135054 $509000 Source: http://www.taxtips.ca/taxrates/on.htm $43561 $69963 $79448 $82422 $87123 $135054 $509000 20.05% 24.15% 31.15% 32.98% 35.39% 39.41% 43.41% 46.41% 49.53% Taxation of Testamentary Trust Tax payable in province of residence of Trust or where majority of Trustees reside Incomes maintains its character (interest, dividends, capital gains) when paid out to Beneficiaries Taxation of Testamentary Trust Access to graduated rates, more beneficial to retain income & gains and have Trust pay tax versus Beneficiary (at this time) Trustee can elect to have income & gains taxed in Trust even if paid or payable to Beneficiary Portfolio of Investments of $750,000 @ 8% per year or $60,000 in income saves $8,500 in taxes each year Why consider a Testamentary Trust? When a spouse has enough assets in his/her name to permit other spouse assets to be held in trust to save tax Children/grandchildren have enough assets who want to save tax Protect assets widow/widower’s new suitor or children spouse’s on marital breakdown Protect spendthrift or disabled child/children Ontario Disability Support Program (ODSP) Operated by Ontario Ministry of Community & Social Services Designed to meet unique needs of people with disabilities who are in financial need or who want & are able to work and need support ODSP provides income support to help pay for living expenses (like food & housing) Benefits available: Drug/dental coverage, vision care, hearing aids, diabetic supplies Help with transportation costs to medical appointments Help with work related expenses, child care costs & items needed for work If qualify → May also receive special diet allowance to offset costs of casein, gluten, soy or sugar free diet Ontario Disability Support Program (ODSP) To Qualify: ● 18 yrs of age or older-payable to 65 (if needed) then CPP, OAS & GIS takes over ● Ontario resident ● In financial need ● Have substantial physical or mental disability that: ● ● ● is expected to last a year or more makes it hard for you to care for yourself, take part in community life or work ODSP will look at: ● ● Financial situation ( assets, income, housing costs, size of family) Disability status Ontario Disability Support Program (ODSP) Rate Chart-November 2012 Basic Needs Table Number of Dependants Dependants Dependants Recipient Recipient Recipient dependants over 18 13 -17 years 0-12 years (See Note 1 and Spouse and Spouse other than a years below) (See Note 2 (See Note 3 spouse below) below) 0 0 0 0 $596 $882 $1,189 0 0 1 739 882 1,189 1 0 1 0 757 900 1,207 1 0 0 951 1,063 1,370 0 0 2 739 882 1,189 0 1 1 757 900 1,207 0 2 0 775 918 1,225 2 1 0 1 951 1,063 1,370 1 1 0 969 1,081 1,388 2 0 0 1,133 1,264 1,571 For each additional dependant, add $202 if the dependant is 18 years of age or older, or $18 if the dependant is 13-17 years of age, or $0 if the dependant is 0-12 years of age. Source: http://www.mcss.gov.on.ca/en/mcss/programs/social/directives/directives/ODSPDirectives/income_support/6_1_ODSP_I SDirectives.aspx ODSP & Inheritances Family members if left an inheritance who are receiving ODSP benefits will not be eligible for ODSP benefits ODSP considers inheritance as a gift Exemptions: - up to $6,000 of total value of all gifts is exempt from income (in any 12 month period without affecting ODSP Income Support) - $6,000 limit does not always count as income-when used to pay for disability related items or services - ODSP must approve item or service in advance to be exempt Source: http://www.mcss.gov.on.ca/en/mcss/programs/social/odsp/income_support/odsp_inherit.aspx ODSP & Inheritances… Example Inherit $ in August ODSP will consider it when calculating income support for August If $ left over in next month- (Sept.) ODSP will treat it as an asset in that month & asset rules will apply that can affect eligibility for income support ODSP & Inheritances… Inheritances up to $100,000 will not count as an asset if it is placed in a Trust Trust must be setup according to ODSP rules or ODSP benefits could be affected If inheritance more than $100,000 can still continue benefits if placed within Discretionary Henson Trust Setup through Will & gives Trustee power to decide when to pay & how much money to pay Beneficiary of the Trust ODSP & Henson Trust History of Henson Trusts Real solution to inequity is Henson Trust Available in Ontario since 1989 Henson trust places estate assets in the care & control of a trustee to be administered for the benefit of a Beneficiary(s) Inheritances placed in a properly prepared absolute discretionary trust (Henson Trust) are not the asset of the child & will not affect provincial benefits “Discretionary Trust”, “Henson Trust” & “Absolute Discretionary trust” often used interchangeably Motivation for Parents & Guardians to set up a Henson Trust Special beneficiaries often benefit from guidance in handling large sums of money or significant assets Either temporarily or on L.T. basis Some beneficiaries are unable or unwilling to seek guidance May at some point be left without care unless special provisions put in place Henson Trusts Must be created during a parent’s or guardian’s lifetime (Intervivos) and To the terms of a parent’s or guardian’s will (testamentary) These Trusts are invaluable in planning for child’s care when Parent/Guardian no longer there Benefits of Henson Trust No lifetime limit to the exempt amount of assets that can be held in a Henson Trust In contrast- there is $100,000 lifetime limit to a non Henson Trust, (any Trust where the Trustee does not have absolute discretion) The Bottom Line Henson trusts, ODSP, Benefits & Tax Credits are special arrangements necessary to properly ensure that Loved Ones are given the extra care they deserve & that inheritances will not be wasted Options for Funding of Henson Trust Savings: The establishment of a regular savings program may be able to provide adequate funds to Henson Trust Parent’s Estate: Provided that the parent’s estate is sufficiently large, it could provide for their own needs in their elder years, as well as having enough left over to fund the trust Family members: siblings, aunts and uncle’s, grandparents could be willing and able to provide money to fund the trust Life insurance: For the average family, life insurance may be the only way that they can leave a large sum to the trust by making small monthly payments. It is also possibly the only way of funding a trust that is guaranteed. The other resources mentioned above may not always be available but a paid-up life insurance policy can guarantee future funds Registered Disability Savings Plan (RDSP) Savings plan intended to help parents & others save for long term financial security of person who is eligible for DTC Contributions non tax deductible Made until end of the year that Beneficiary turns 59 years RDSP… Withdrawals of contributions are not included as income for the Beneficiary However, Canada Disability Savings Grant, Canada Disability Savings Bond & investment income earned in the plan are included in Beneficiary’s income for tax purposes when paid out of RDSP RDSP… Who can become a Beneficiary? One must be: Eligible for Disability amount Valid SIN Resident of Canada @ time plan is entered into Under age 60 RDSP… Who can set up an RDSP? Legal parent of Beneficiary Guardian, tutor or curator of the Beneficiary Individual who is legally authorized to act on behalf of Beneficiary Public department, agency, institution that is legally authorized to act on behalf of Beneficiary RDSP… When plan is opened by a Beneficiary’s legal parent’s, the legal parents may continue as holder(s) of the plan after Beneficiary reaches age of majority When Beneficiary becomes an adult, he/she may be added as joint holder RDSP… In all other cases, the Beneficiary is the only one who can be a plan holder once they have reached age of majority & are contractually competent If a plan is opened by somebody other than the Beneficiary, or Beneficiary’s legal parents, that person or body must be removed as a holder of the plan when Beneficiary reaches age of majority RDSP… An individual who is eligible to be Beneficiary of an RDSP, may have reached age of majority but may not be competent to enter into a contract If so: qualified person may open RDSP for individual and become holder Qualified Person are: -guardian, tutor, curator of Beneficiary, or person legally authorized to act for Beneficiary -public department, agency, institution that is legally authorized to act for beneficiary Tutor or Curator: legally appointed individual either by will or by POA RDSP… Holder who is not Beneficiary of plan does not have to be resident of Canada but must have valid SIN or BIN (business identification number) in order to establish plan How Do You Establish an RDSP? Person who is qualified to be a holder of the plan must contact a participating financial institution that offers RDSP’s (can invest in GIC’s, mutual funds, savings deposits etc.) Note: Beneficiary can have only one RDSP at any given time, although this plan may have several plan holders throughout it’s existence Plan holder is the person who establishes the RDSP & makes contributions on behalf of the Beneficiary RDSP Limits No annual limit Lifetime limit of $200,000 Canada Disability Savings Grants Government will pay matching grants of 300%, 200% or 100%, depending on family income & amount contributed RDSP can receive maximum of $3,500 in matching grants, in a year Maximum grant of $70,000 in Beneficiary’s lifetime Source: http://www.clwindsor.org/resources/financial-matters/rdsp Canada Disability Savings Grants… Grant can be paid to an RDSP on contributions made to Beneficiary’s RDSP by Dec 31st of yr Beneficiary turns 49 yrs old When annual net family income is less than $85414 the grant will contribute: - $3 for every $1 contributed on first $500 - $2 for every $1 contributed on next $1,000 (a $1,500 deposit will attract maximum grant of $3,500) When annual net family income is over $85414 the grant will contribute $1 for every $1 contributed up to $1,000 Source: http://www.clwindsor.org/resources/financial-matters/rdsp Canada Disability Savings Bond Government will pay income tested bonds of up to $1,000 a year to low income Canadians with disabilities regardless of amount contributed Lifetime bond limit is $20,000 Bond can be paid to RDSP until year in which Beneficiary turns 49 When annual net family income is $24863 or less the government will provide $1,000 per year without any contributions, between $24863 and $42707, bond is prorated, over $42707, no bond is paid Bond & grant must stay in plan for 10 years otherwise must be repaid Source: http://www.clwindsor.org/resources/financial-matters/rdsp Payments Made From RDSP Payments to Beneficiary Only certain payments can be made from an RDSP referred to as Lifetime Disability Assistance Payments (LDAP), or Disability Assistance Payments (DAP) Payments to Beneficiary’s estate follow death of Beneficiary Repayment of grants & bonds to the government Lifetime Disability Assistance Payments (LDAP) Once started must be paid at least annually until either the plan is terminated or Beneficiary has died Begin by end of year in which Beneficiary turns 60 Subject to annual maximum withdrawals limit based on Beneficiaries' life expectancy & fair market value of plan Disability Assistance Payments (DAP) Beneficiary can request withdrawal from RDSP between ages 27-59 years DAP is considered “financial hardship” payment Maximum withdrawal based on formula Then Beneficiary of plan will be entitled to request & receive DAP from the plan RDSP Payments & Income Tax CDS grant, bond & investment income are included in Beneficiary Income for tax purposes when paid out of the RDSP RDSP issuers report the taxable portion of the payments from the plan in box 78 of T4A slip RDSP-What happens when impairment no longer exists? RDSP must close no later than the end of calendar year following the first full calendar year that the Beneficiary is no longer considered mentally or physically impaired Grant, Bond and Investment earnings are taxable, contributions are tax free Similar tax treatment occurs at death RDSP & Provincial Disability Benefits BC, Alberta, Saskatchewan, Manitoba, Ontario, Newfoundland, Labrador & Yukon have all exempted the RDSP as an asset & income when determining a person’s eligibility for Provincial Disability Benefits New for 2011, Past Grants Eligible to claim past unclaimed grants for preceding 10 years (2008 inception date) To be eligible, must still qualify for DTC and be appropriate age in each preceding year Past grants paid to annual max $10500 Unused past grants carry forward future years New 2011 Past Bonds Eligible to claim past unclaimed bonds for preceding 10 years (2008 inception date) To be eligible, must still qualify for DTC and be appropriate age in each preceding year Depends on contribution amount, beneficiary/family net income Past bonds paid to annual max $11000 Unused past bonds carry forward future years Thank You! For more information / free consultation 705 522 1422/1 800 837 1670 Email: [email protected] This presentation was prepared by David Yurich, who is a registered Financial Advisor with Dundee Private Investors Inc., a DundeeWealth Inc. Company. This is not an official publication of Dundee Private Investors Inc. The views (including any recommendations) expressed in this presentation are those of the author alone, and they have not been approved by, and are not necessarily those of, Dundee Private Investors Inc.