December 2004

 

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REMINDER: YEAR-END TAX PLANNING
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  1. If the following expenditures are made by individuals by December 31, 2004 they will be eligible for 2004 tax deductions: moving expenses, child care expenses, safety deposit box fees, charitable donations, political contributions and medical expenses.

  2. 2004 eligible Registered Retirement Savings Plan (RRSP) contribution amounts are noted on the 2003 personal income tax return assessment notices. You have until March 1, 2005 to make tax deductible RRSP contributions for the 2004 year.

    Consider contributing to a spousal RRSP to achieve income splitting in the future.

  3. Persons turning age 69 in 2004 must mature their RRSP into cash, an annuity or a Registered Retirement Income Fund by December 31, 2004.

  4. If you own a business, consider paying a reasonable salary to family members for their services rendered to the business.

  5. An individual whose 2004 net income exceeds $59,790 will lose all, or part, of their old age security.

    Senior citizens will begin to lose their income tax age credit if net income exceeds $29,124.

  6. Consider purchasing assets eligible for capital cost allowance before the year end. For example, employees may claim capital cost allowance on automobiles used in their employment. - Must have a T2200.

  7. If you had taxable capital gains in the year, or any of the preceding three years, consider selling capital properties with an underlying capital loss prior to the year end. This capital loss may be offset against the capital gains.

  8. If income in an inter vivos trust is to be taxed on a beneficiary's return, the income must be paid or payable to the beneficiary by December 31, 2004.

  9. Registered Education Savings Plan (RESP)

    A Canada Education Savings Grant (CESG) for RESP contributions will be permitted equal to 20% of annual contributions for children (maximum $400 per child per year).

    The 20% is proposed to be increased to 40% or 30% for lower income families commencing January 1, 2005.

  10. Health and dental premiums for the self-employed

    Individuals will be allowed to deduct amounts payable in respect of the year for Private Health Service Plan coverage in computing business income provided they meet certain criteria.

  11. Taxpayer-Requested Adjustments

    Currently an individual may request an adjustment to a tax return back to 1985.

    It is proposed that after 2004, adjustments will be limited to ten years back. Therefore, adjustments for 1985 to 1995 should be requested by December 31, 2004.

MEDICAL EXPENSES (top of the page)

In a June 29, 2004 Technical Interpretation, Canada Revenue Agency notes that an amount paid to a medical doctor normally qualifies as a medical expense even if it is for cosmetic or elective surgery.

This includes cosmetic eyelid surgery, botox and artecoll injections.

TUITION FEES REIMBURSED
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In a June 7, 2004 Technical Interpretation, Canada Revenue Agency notes the employer-paid tuition (and related costs) may not be a taxable benefit to the employee. This includes courses in a field related to the employee's responsibilities as well as courses not directly related to the employer's business such as stress management, employment equity, first aid and language skills.

MOTOR VEHICLE EXPENSE DEDUCTION (top of the page)

In a July 15, 2004 Technical Interpretation, Canada Revenue Agency notes that where an employee receives a reasonable per kilometre reimbursement for the use of his/her personal motor vehicle in connection with employment duties, the reimbursement is generally excluded from employment income.

BUSINESS / PROPERTY INCOME (top of the page)

LOSSES ON SHARE SALE

In a June 25, 2004 French Tax Court of Canada case, the taxpayer was permitted a business loss, not a capital loss, on the sale of shares which were speculative in nature.

SALARIES PAID TO CHILDREN -
DISALLOWED

In a June 23, 2004 Tax Court of Canada case, the Court disallowed a deduction for salaries to his sixteen and twelve year old children against his self-employed business income for reasons including:

(i)

(ii)
(iii)

The amounts were either not paid to them or, upon being paid, were immediately redeposited in bank accounts of either the business or the parents.
There was not sufficient documentation and,
The children did not declare any amounts on their tax returns.

PRIVATE HEALTH SERVICES PLAN

Where an employer enters into a Private Health Services Plan for an employee, the expenses are generally deductible to the employer and not taxable to the employee. This deductible/non-taxable status may not apply if the Private Health Services Plan is only available to shareholders.

RRSP - HOME BUYERS' PLAN (HBP) (top of the page)


The HBP permits an individual to borrow up to $20,000 from his/her RRSP to purchase a home in Canada. To qualify, the borrower, or his/her spouse, cannot have an owner-occupied home in the four preceding years. Each spouse may withdraw up to $20,000 from their RRSPs to jointly purchase a home.

ELDERLY TAXPAYERS (top of the page)


Some considerations for elderly taxpayers follow.

  1. Sign a Power of Attorney for management of property and personal care matters.
  2. Avoid probate fees by naming beneficiaries to life insurance policies and pension plans, joint ownership and by multiple wills.

    Also, assets could be rolled over to an Alter Ego Trust or a Joint-Spousal or Common-Law Partner Trust.
  3. A Will may be used to defer gains by transferring assets to a spouse or a Spousal Trust, to deem a charitable donation to have been made in the year of death, to establish a Testamentary Trust eligible for a separate year end and graduated tax rates, to provide for a windup of a holding company, and to gift publicly traded securities to a charity to take advantage of the 25% taxable capital gain.

CRITICAL ILLNESS (top of the page)

Critical Illness insurance is being called one of the hottest things in the Canadian Insurance market. Invented by South African heart Specialist Marius Barnard, the product pays out a tax-free lump sum 30 days after the diagnosis of a dreaded disease as long as you survive the period. Basic policies cover the big three cancer, heart attack and stroke. Further coverage is available for other conditions, among them coronary bypass surgery, Alzheimer disease and coma. Chances of having a critical illness before age 65 is one in three. Canadian insurers still offer long term premium guarantees and a return of premium option where 100% of the premiums are returned if there has been no claim at the end of a policy's period.
(Article courtesy of Mr. Raymond Pitch)

WEB TIPS (top of the page)

BUSINESS VALUATION CALCULATOR

This website has a seven step calculator that allows you to make a quick business valuation.

http://www.cdnbx.com/valuations/quickValuation1.asp

This website also contains a market comparison section, rules of thumb for valuing Canadian businesses, and a search tool to find brokers, advisors and other related professionals throughout Canada.

CREDITOR PROOFING (top of the page)

Some creditor proofing strategies for owner-managed business:

1. Transferring assets out of a company
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By placing capital assets in a separate holding company, subsequent legal claims arising in the operating company may not affect these assets.

Paying tax-free dividends to a holding company may protect assets from future claims.

2. Securitizing the position of the business owner
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Shareholder loans may be secured by a general security arrangement to give the shareholder priority over all unsecured creditors.

Consider an estate freeze such that the future growth will go to other family members.

Transfer assets into a Discretionary Family Trust.

UPDATES (top of the page)

  1. Small business deduction increased to $300,000 effective 2005 instead of 2006.
  2. Non-capital loss carry-forwards was increased from 7 years to 10 years for taxation years ending after March 22nd, 2004. Existing losses continue to have 7 year carry-forwards.
  3. The capital cost allowance (depreciation) rate for computers increased from 30% to 45% declining balance effective March 22nd, 2004.
  4. All statutory fines and penalties now non- deductible after March 22nd, 2004.
  5. Ontario Health premiums was introduced in 2004 and applies to individuals resident in Ontario on December 31st each year. Trusts and non-residents are exempt from the premium.

SUCCESSION - a true story to consider (top of the page)

John, a World War II survivor, arrived in Toronto in the early 50's. He hardly knew how to read or write but managed to establish a successful trucking business. He purchased a yard and building for the business, had a few “shekels” in the bank and was generally well off. John was a respected member of his Synagogue and made yearly major donations to various charities. John sent his children to University to have a higher education so that their “lot in life” would be better. One son, Sam was studying for his MBA.

John never wore a tie or jacket to work and was in at 6:00 am daily. The fleet of 20 or so trucks was now old, the trucks were beaten-up, the original colours faded. Daily, at least 2 to 3 trucks were being repaired.

When John's son, Sam, finished his MBA, he joined his father's business. Sam who always was immaculately dressed, used modern management theories, delegated work and acted as an executive, starting at 9:00 am and finishing at 5:00 pm.

About 2 months later, based on a financial formula from one of Sam's textbooks, the business purchased a fleet of 20 brand new red trucks. According to the formula, it did not pay to repair the trucks. The smart thing was to buy new trucks, which will be more efficient, requiring less repair, etc., etc.

It took only months of this new management style to leave the once thriving business with no trucks, no building, no yard and no money.

John passed away without seeing the demise of his little empire.

Sam took a job with another trucking company…

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Fall 1999
Summer 2000
January 2001
Fall 2001
December 2003
February 2004
December 2004
December 2005
June 2006

December 2006

August 2007
December 2007

   
 
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