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Year End Tax Tips. Jamie Golombek, Managing Director, Tax and Estate Planning CIBC Private Wealth Management December 2009. 1. #1 - Tax loss selling - transfers. Transfer to RRSP? Loss denied Crystallize first, wait 30 days to buy back Transfer to TFSA? Loss denied Transfer to RESP?
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Year End Tax Tips Jamie Golombek, Managing Director, Tax and Estate PlanningCIBC Private Wealth Management December 2009 1
#1 - Tax loss selling - transfers • Transfer to RRSP? • Loss denied • Crystallize first, wait 30 days to buy back • Transfer to TFSA? • Loss denied • Transfer to RESP? • OK, but if held for 30 days, “superficial loss”
#1 - Tax loss selling – “superficial loss” • Superficial loss • Buy “identical property” within 30 calendar days • Who? • You • Spouse/partner • Corporation controlled by you/spouse/partner • Trust, if you or spouse is majority-interest beneficiary • Transfer to parent / child – OK • Switch funds (3rd party funds) • Corporate to trust version (vice versa) • Not identical properties • Two index funds? – CRA says “identical”
#1 - Tax loss selling – spousal transfer of losses • Spousal loss transfer • Victor + Maureen • Maureen – ABC Shares - $10,000 accrued capital gain • Victor – XYZ Shares • ACB - $50,000 • FMV - $40,000
#1 - Tax loss selling – spousal transfer of losses • Step one – Victor sells XYZ shares for $40,000 • Capital loss of $10,000 • Step two – Maureen buys XYZ shares, pays $40,000 • Victor’s $10,000 capital loss is now “superficial” • Added to ACBof Maureen’s shares ($10,000 + $40,000 = $50,000) • Step three – Maureen waits 30 days, sells for $40,000 • ACB - $50,000 • FMV - $40,000 • Capital loss of $10,000 can be used against ABC accrued gain
#2 - Home ownership and prospective home ownership • Home Renovation Tax Credit • First-Time Home Buyers’ Tax Credit • Home Buyers’ Plan
#2 – Home Renovation Tax Credit (HRTC) • Expenditures over $1,000 • Maximum of $10,000 • Credit worth 15% of $9,000 = $1,350 • Per family (spouse/partner, minor kids) • From Jan 28, 2009 until Jan 31, 2010 • Eligible expenses? • Labour, professional services • Building materials • Equipment rentals • Permits • Ineligible? • Routine maintenance • Furniture, drapery, appliances • Interest expense
#2 – Home Renovation Tax Credit (HRTC) • Air conditioners • Condo renos – specific/general • Docks • Driveways • Landscaping • Sauna • Solar panels • Swimming pools / hot tubs • Materials purchased before Feb 2010 qualify even if they are installed after January 2010 • Labour only qualifies if work is done before February 2010, even if prepaid
#2 - First-Time Home Buyers’ Tax Credit • New $5,000 amount eligible for 15% credit • Value = $750 • “First-time home buyer” • Neither individual nor spouse/partner owned home in current or previous four calendar years • One claim per family • Unused credit can be transferred to spouse/partner
#2 - Home Buyers’ Plan • $25,000 can now be withdrawn from an RRSP, tax-free • Must be paid back over 15 years to avoid annual income inclusion • “First-time home buyer” • Neither individual nor spouse/partner owned home in current or previous four calendar years • DEFER participation to January 2010 to delay repayment until 2012 (vs. 2011)
#3 – RRSP annuitants who turn 71 in 2009 • Convert to RRIF (or annuity) by December 31 • Final RRSP contribution must be made by December 31 • No sixty day rule • Unless spousal RRSP with younger spouse/partner
#3 – RRSP annuitants who turn 71 in 2009 • Consider one-time “over-contribution” • Client (71) has $100,000 of earned income in 2009 • Will create $18,000 of RRSP contribution room for 2010 • Contribute $18,000 to RRSP in December 2009 • Pay penalty of 1% or $180 for month of December • Deduct contribution in 2010 (or future year) against ANY source of income
#4 – Contribute to an RESP • $50,000 per child • No annual maximum • Maximize Canada Education Savings Grants (CESGs) • 20% on first $2,500/annually = $500 • Catch-up CESGs back to 1998 • Max of $1,000 of CESGs per year • $7,200 per child maximum • Child turned 15 in 2009 with no RESP? • Contribute at least $2,000 to RESP in 2009 to get CESG for 2009 and make child eligible for 2010 and 2011 CESGs
#5 – Charitable donations • Must be made by December 31st • No capital gains tax on “in-kind” donations of publicly traded securities to charity • Consider “donor advised funds” through public foundation
#6 – Contribute to a Registered Disability Savings Plan • $200,000 lifetime limit • Age 59 and under to open • Age 49 and under to get government funds: • Canada Disability Savings Grants • Family income < $77,664 (2009) • 300% of first $500 • 200% of next $1,000 • Family income > $77,664 • 100% of first $1,000 • Lifetime max: $70,000
#6 - RDSPs (cont’d) • Canada Disability Savings Bonds • Family income < $21,816 (2009) • $1,000 annually (no contributions required) • Family income > $21,816 • Reduced pro-rate until eliminated at income > $38,832 (2009) • Lifetime max: $20,000
#7 – Purchase business assets • Claim a half-year’s depreciation even if asset bought on December 31st • Accelerated tax depreciation for computer purchases • Can write off 100% of cost of computers in year acquired • No “half-year” rule • For purchases from January 28, 2009 through January 31, 2011
#8 – Spousal/Partner Loan at 1% • Spouse or partner gifts/transfers funds • FULL attribution of income / gains to transferor • Exceptions: • Pay FMV or prescribed rate loan • Rate for Q4 2009 – 1% • Lowest ever!
#8 – Spousal Loan at 1% (Example) • Jack loans Diane $200,000 • Investment earns 5% annually • Income splitting opportunity: $8,000 Tax Savings (ONT): $8,000 X (46.41% - 21%) = $2,033 annually Interest Expense – 1% Jack Diane $200,000 Income $2,000 Income $10,000Interest expense (2,000)Net income $ 8,000
#8 – Spousal Loan – Rate Reset? • What if you have an existing loan at 3% or 4%? • Can you adjust rate on loan? • Can you refinance with new loan?
#9 – Pay investment expenses by Dec. 31 • Investment counseling fees (non-registered only) • Professional accounting services • Safety deposit box rental • Interest expense
#9 – Make Debt Tax-Deductible • “Singleton Shuffle” $300,000 $300,000 $300,000 $300,000 BANK
#9 – Make Debt Tax-Deductible (cont’d) • Lipson decision – Supreme Court (January 2009) • General Anti-Avoidance Rule (GAAR) • Use of attribution rules Source: http://www.scc-csc.gc.ca/Details/d4-eng.aspCredit: Philippe Landreville, Photographer Supreme Court of Canada Collection
#10 – Plan NOT to Get a Refund! in·tax·i·fi·ca·tion (in-täk-sə-fə-kā-shən) noun • the euphoria of getting a tax refund that lasts only until you realize it was your own money to begin with…
2009 Tip #10 – Plan NOT to Get a Refund! (cont’d) • “Undue hardship” provision • Too much tax withheld at source • Due to: • RRSP contributions • Support payments • Childcare expenses • Charitable donations • Form T1213
#10 – Avoiding Clawback of 2010 OAS • Apply for 2010 reduction of clawback at source – OAS • Form T1213 OAS
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