Chapter 9.1 Flashcards
Tax Minimization
Most techniques for minimizing taxes incorporate one or more of the three strategic categories:
tax elimination
tax reduction
tax deferral.
This tax minimizing technique typically involves the transfer of assets from a person in a high tax bracket to a spouse or child in a lower tax bracket.
Income-Splitting
These rules often restrict one’s ability to split income or capital gains among family members to reduce taxes payable by the family group.
Attribution Rules
Explain attribution rules for interest and dividends
Interest and dividends cannot be transferred to one’s spouse or minor child for the purpose of income splitting. They will be taxed in the hands of the transferor.
Explain attribution rules for Capital Gains
Capital gains triggered on the sale of an asset, originally transferred from one’s spouse, are also subject to income attribution.
It should be noted that ________ ______received by a minor child on property from a parent are not currently subject to income attribution.
capital gains
Attribution does not occur if…
you lend the funds and charge interest at prevailing prescribed rates or greater. Interest must be paid within 30 days after the end of the year.
With the exception of transfers between spouses, all other transfers between related parties are deemed to take place at……
Therefore, capital gains or losses are realized at…..
fair market value
the time of transfer.
If you gift money/property to a spouse what taxes would the giver have to pay on investment income?
Investment income or losses and capital gains or losses are attributed to giver.
When gifting money to a family member under 18, what taxes are attributed to the giver?
Investment income or losses are attributed to giver; capital gains or losses are not attributed.
When gifting money to your child over 18 years of age, what taxes are attributed to the giver?
No attribution occurs. The child would pay the taxes
When loaning money to your spouse at the prescribed interest rate, what are the attribution rules with investment income?
No attribution occurs because you’re paying the prescribed interest rate.
In the case when you are not paying the prescribed interest rate, all investment income or losses is attributed to the lender
When giving a loan to a spouse, family member under 18 years of age, or a child over 18 years of age, and you charge them interest on the loan at the prescribed rate, what are the attribution rules?
No attribution occurs because you’re paying the prescribed interest rate.
In the case when you are not paying the prescribed interest rate, all investment income or losses is attributed to the lender, except with family members under 18 and a child over 18, capital gains and losses are not attributable.
If you sell a stock to your spouse, how do you avoid attribution?
The sell must be made a fair market value, and you must elect out of spousal rollover; otherwise, investment income or losses, and capital gains or losses are attributed to the seller.
Funds lent to a non-arm’s-length individual for the purpose of earning income from a ________ _____ ________ corporation do not result in attribution to the transferor.
qualified small business
No attribution occurs on any type of income from assets given to a child who is at least ____ at the end of that year.
18 years old
If a client transfers money to an adult child as a loan, rather than a gift, and if the Canada Revenue Agency decides that the primary motive for the transfer is to ______ _______income attribution rules can apply.
Avoid Tax
Regardless of the children’s age, generally there will be no attribution of ______ _____ on the invested money back to the client
Capital Gains
How can you avoid attribution when giving existing investments to your children under 18?
The assets will be deemed to have been disposed at fair market value, and therefore, you will have to pay capital gains or losses depending if the investment has increased or decreased in value from when you bought it.
Regarding Spousal RRSP’s, To avoid the withdrawal being attributed to the contributor, the funds must remain in the plan for at least ____ calendar years after contribution (Jan 1 to Dec 31).
two
Canadians receiving “qualifying pension income” are entitled to allocate up to ____% of the sum of all “qualifying pension income” to their spouse
50%