REMINDER:
YEAR-END TAX PLANNING (top
of the page)
- 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.
- 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.
- Persons
turning age 69 in 2004 must mature
their RRSP into cash, an annuity or a Registered Retirement
Income Fund by December 31, 2004.
- If you
own a business, consider paying a reasonable salary
to family members for their services rendered to the business.
- 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.
- 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.
- 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.
- 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.
- 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.
-
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.
- 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 (top
of the page)
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.
- Sign a
Power of Attorney for management of
property and personal care matters.
- 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.
- 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 |
-
- |
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 |
| -
-
- |
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)
- Small business
deduction increased to $300,000 effective 2005 instead of 2006.
- 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.
- The capital
cost allowance (depreciation) rate for computers increased from
30% to 45% declining balance effective March 22nd, 2004.
- All statutory
fines and penalties now non- deductible after March 22nd, 2004.
- 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…
(top
of the page)
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