All About Estates

Tag: Derek de Gannes

Total 9 Posts

TOSI and the estate planning – pension splitting

The pension splitting exception will allow a spouse who is 65 years of age to split income with his or her spouse or common law partner if the split income would be an excluded amount of the spouse who is 65 years old. These deeming provisions provide an opportunity to…

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Trust Claiming a Capital Gain Reserve

The Canada Revenue Agency (CRA) answered several questions regarding a scenario in which a trust claims a capital gains reserve. When a trust claims a capital gains reserve, and the amount of the reserve is included in income in the subsequent year and flows through the trust to a beneficiary, does…

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Clawback of Old Age Security

The Canada Revenue Agency (CRA) was reminded by a taxpayer recipient of the Old Age Security pension (OAS) about a perceived lack of fairness when required to include the dividends received at a grossed-up amount when calculating net income rather than only including the actual amount of dividends received. The…

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Gift of securities by executors of a will

The Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual. The taxpayer died in 2016.  His Will named his three sons as equal beneficiaries and co-executors, with no designation of amounts to be given to…

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To vary or not to vary

The Canada Revenue Agency recently responded to a ruling request as to whether or not a proposed amendment to a trust agreement could be so significant to cause a resettlement of the trust, or a disposition of a beneficiary’s interest in the trust Before the enactment of variation of trusts…

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Estate income entitlement

With the filing deadline for trust tax returns fast approaching, it is a good idea to take a look at some recent tax news which may be of some interest to executors. The Canada Revenue Agency (CRA) was recently asked their view on whether a beneficiary of an estate has…

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Joint accounts – the good and the bad

Earlier this year, my father-in- law left us suddenly.  While my in-laws were careful about planning for this day there was still some Estate Administration Tax (EAT) to be paid on the transfer of assets between spouses.  Armed with that experience, my mother-in-law is determined pay the least amount of…

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Principal residence and Co-Ownership

The Canada Revenue Agency (CRA) was asked to comment on several scenarios involving the sale and deemed sale of a property co-owned by a couple.

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Estate losses – turning bad into good.

Capital losses sustained by an estate when assets go down in value after death are of little use. This can be frustrating particularly when the deceased has paid tax on capital gains made on the deemed disposition of the same assets on the terminal return. Read on to find out how to turn a bad loss into good tax recovery when action is taken within the first year anniversary of death.

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