All About Estates

Category: Interest

Total 15 Posts

The Prescribed Rate is About to Change – for Real this Time?

The prescribed rate is the minimum interest rate prescribed by the Canada Revenue Agency (“CRA”) that should be charged on various non-arm’s loans such as those made by you to your spouse or child (through a family trust). Such loans are a common device to split income with others in…

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JOINT TENANCY AND PROBATE AVOIDANCE – A QUICK REVISIT

When developing estate plans for clients with property of a capital nature (real estate, marketable securities being a couple of examples), one of the questions I get asked more often than not is: How can I avoid probate? Can I just put someone else’s name on a document so it…

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Medical Emergency Cards – A Logical Follow-up to POAPCs

As regular readers know, we occasionally invite guest bloggers to contribute to All About Estates  Today’s blog was written by Norman Bowley, a partner and chair of the Estates and Succession Group at Low Murchison Radnoff LLP . In my wallet you will find a plastic card the size of a credit…

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TFSA’s – a refresher on the Rules

Borrowing heavily from some recent literature on this subject, I though it may be useful at this time of the year to quickly revisit some of the rules surrounding tax free savings accounts (“TFSA”) Contribution room for an individual’s TFSA is the total of the TFSA dollar amount for the…

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TRUST INSTALLMENT REQUIREMENTS, INTEREST AND PENALTIES

One of the many tasks associated with the administration of trusts is making sure all tax payments are made on a timely basis to protect the trust and its beneficiaries from avoid interest and penalties. In this regard, most trusts are required to make installment payments. Prior to 2016 only…

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INCOME FROM A U.S. TRUST: CAN IT EVER BE TREATED AS DIVIDEND INCOME?

Sometime ago, a relative of a Canadian taxpayer died in the US and she left her money in a charitable trust, with some of the income bequeathed to the Canadian taxpayer annually. The trust income is derived mostly from US dividends. With a series of proposed adjustments to her personal…

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ESTATE FREEZES AND CORPORATE ATTRIBUTION RULES: A QUICK REFRESHER

When an individual taxpayer transfers or loans directly or indirectly property to a corporation, certain provisions of the Income tax Act (“the Act’) may deem the transferor to have received annual interest income on the property at the prescribed rate as set out in the Regulations of the Act. The…

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Memorial Jewellery – From Ashes to Diamonds?

After cremation, most people think of ashes being “sprinkled”, held in an urn or interred. Many companies are advertising different options in the form of “Memorial Jewellery”, and one has developed a method of creating diamonds that are purportedly “molecularly identical to naturally occurring diamonds” from cremated remains.

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Wine – How Liquid is it Really?

In last months’ Canadian Lawyer Magazine, Warren Porter, owner of Iron Gate Private Wine Management, wrote about wine as a liquid asset. When a wine collector dies, teh collection can be very valuable, and if the collection is not specifically dealt with in the Will, the issue becomes: how does an estate trustee realize this value for the beneficiaries?

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