CY Bonus Flashcards

1
Q

2 fastest growing HNW clnt segments

A

Entrepreneurs (bti) and retirees (baby boom)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

White paper 9 competencies of successful wealth advisors

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Discretionary vs non-discretionary

A

Discretionary - can trade for clnt without asking or confirming

Non-Discretionary - broker has to contact clnt before placing trade

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

At all times, advisors and dealers must comply with federal legislation such as the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).

A

• This requires the advisor and dealer to confirm the client’s identity using valid photo identification.

• In addition, any large cash and/or suspicious transactions must be reported.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

IROC Know Your Client (KYC) Rule
The KYC rule is one of the cornerstones of the investment industry. It has three due diligence components and four associated requirements:

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

To ensure that a trade is suitable, an advisor should consider (as a minimum) the investor’s:

A

• Financial circumstances: Income, net worth
• Personal circumstances: Age, marital status, number of dependents, occupation
• Investment knowledge and experience
• Investment objectives and needs
• Risk profile
• Investment time horizon.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

IROC’s Client Relationship Model (CRM) rules require that the same information noted above be reviewed every time there is a “triggering event”. The following are the five primary triggering events:

A
  1. A trade is accepted
  2. A recommendation is made to a client.
  3. Securities are transferred or deposited into an account.
  4. There is a change in registered representative.
  5. A material change to the KYC information occurs.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Account Application (formerly New Account Application Form (NAAF))
The first step in getting to know your client is the completion of the Account Application form. The application collects the following:

A
  1. Personal information (address, date of birth, spouse’s name, etc.).
  2. Financial information (income, net worth, investment knowledge, etc.)
  3. Investment objectives (for each account) with percentages allocated to income and to capital gains (short-term, medium-term, and long-term).
  4. Risk profile (for each account) with percentages allocated to low risk, medium risk, and high risk.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

IROC requires firms to gather additional information based on the type of account:

A

If the account is joint, personal information must be obtained for everyone named on the account.
If the account is corporate, personal information must be obtained for any individual who is the beneficial owner (i.e. ultimate owner) of 25% or more of the voting rights of any outstanding company shares.
If the account is a trust account, personal information must be collected for all known settlors (the donor/contributor to the trust) if more than one and for all known beneficiaries of the trust.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

the following six variables need to be considered in retirement planning:

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Unique circumstances

A

“Unique circumstances” are specific to each client. An example of a unique circumstance would be a client who wants to include responsible investments (i.e. environmental, social, or governance investments, commonly known as “ESG” ) in his or her portfolio.
Examples include:

• A client who does not want to invest in certain companies, such as tobacco or alcohol manufacturers, which are often referred to as “sin stocks”. This is sometimes referred to as “ethical investing” or “socially responsible investing”

• A client who does not want to invest in companies that treat their employees inhumanely or employ child labour.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The Structured Conversation
There are three distinct phases to the wealth management approach to client discovery:

A
  1. Setting the stage and building rapport.
    This involves helping clients to understand that managing investments is only one aspect of wealth management. Topics include family, work, interests, etc.
  2. Conducting emotional discovery.
    This involves replacing financial terminology with a conversation about life issues.
    For example, what do your clients want their future to look like? What would they like to have in place for their children?
  3. Bridging to financial discovery.
    There are four general financial issues that are discovered (“financial discovery”) once the emotional discovery process is completed:
    •Accumulating financial wealth.
    • Protecting financial wealth.
    • Converting financial wealth to income.
    • Transferring financial wealth to heirs.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Note: You may want to review the “Questions for Wealth Planning” table in the actual textbook because there may be a question directly from this information on your exam.

A

Good questions should focus on a client’s “total needs” rather than products and may include the following:
• When did you last update your will?
• What is your view on charitable giving?
• Do you have a power of attorney for incapacity?
• Are you comfortable that your assets will be distributed how you want them to be when you die?
• What plans do you have in place to protect your assets from taxes when your estate is settled?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The layout of the net worth statement can vary, but the following features are typical:

A

Assets can be divided into short term or long term.

Assets can be further categorized as personal assets (e.g. furniture), liquid assets (e.g. cash and equivalents), and investments (e.g. stocks).

Liabilities are often categorized as short term (less than a year) or long term.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Matching Process

A

• The funds used for mortgages are generally matched to the term and rate of a GIC.
• The bank typically charges a penalty if a mortgage is repaid early because it is still required to continue paying interest on the matched GIC.
• The matching process is also known as the “cost of funds” for the mortgage on the date the mortgage is booked (committed to) with the lender.
• The date a mortgage is booked is not the same as the disbursement date.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Lenders in the Primary Mortgage Market
(Trust Companies)

A

• Trust companies are also restricted from lending more than an 80% LTV ratio unless the mortgage is insured.

• Regulated by the Loan and Trust Corporations Act of each province. It is the role of the Office of the Superintendent of Financial Institutions (OSFI) to ensure compliance.

• As with chartered banks, the liabilities of trust companies, such as GICs, require that trust companies maintain a certain level of liquidity.

Note: A GIC is considered a liability to a bank or trust company because the lending institution is required to pay the principal back to the investor at maturity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Lenders in the Primary Mortgage Market
(Life Insurance Companies)

A

• Life insurance companies are regulated under the federal Insurance Companies Act, and compliance is monitored by OSFI.

• As with banks and trust companies, insurance companies are limited to lending 80% of a property’s appraised value unless the loan is insured.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Lenders in the Primary Mortgage Market
(Pension Funds)

A

• Although pension funds have a small percentage of the residential mortgage market share, they are a major player in the commercial mortgage real estate market.

• Pension funds are also restricted from lending more than an 80% LTV unless the mortgage is insured.

• Pension funds have large pools of capital for investment, but they need to ensure the safety of that capital along with a strong investment return.
This makes bonds and mortgages (secured by a charge against real property) ideal investments.

• Due to their huge pools of capital, pension funds are major players in the commercial mortgage real estate market and own large real estate and development companies. For example, the Ontario Teachers’ Pension Plan owns Cadillac Fairview, one of the largest owners of commercial real estate in North America.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are MICs and why invest in them?
(Mortgage investment corporations)

A

MICs are investment companies that provide mortgages to borrowers, offering investors a chance to earn income from mortgage lending, typically with higher returns than GICs, and they can be CDIC insured if federally incorporated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

key difference between GDS and TDS ratios

A

is the inclusion of consumer credit (i.e. loan) payments in the TDSR (total debt service ratio).

• Generally, the GDR maximum is 32%, and the TDSR maximum is 40%.

• The ratios can be calculated using monthly or annual amounts (you just need to be consistent with the other figures in the formula).

• If a client’s ratios are below the required thresholds and his or her credit history is good, then the client would likely be able to obtain further credit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Semi-Annual Compounding

A

Mortgage payments are generally blended (a portion of each payment goes towards the interest, and the remainder goes towards the principal).

This has the result of reducing the principal amount remaining after each payment. The law requires that when mortgage payments are blended, they cannot compound more than twice per year.

Exam tip: Semi-annual compounding increases the total interest cost for the borrower as compared to annual compounding.

For example, if the nominal annual interest rate is 10%, the effective rate would be 10.25% with the effect of semi-annual compounding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Not in Advance

A

Interest must be calculated on the declining principal. Principal is deducted when a payment is made, and then the interest is calculated afterwards. In other words, interest is not calculated in advance of the next payment being applied to the principal amount.

The “not in advance” provision reduces total interest costs to the borrower. This is why it is beneficial to pre-pay a mortgage because the principal outstanding is reduced each time a mortgage payment is made.

Exam tip: Not in advance reduces the total interest cost for the borrower.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Land Transfer Tax

A

When a property is purchased, the province generally applies a tax known as the “land transfer tax”. This tax is applied even when land isn’t technically being purchased, as in the case of condominiums.

The tax percentage is based on the purchase price.

It is a tiered system in which the more expensive the property, the greater the tax percentage.

First-time home buyers may receive a land transfer tax credit.

In some cases, the city (such as the City of Toronto) may charge an additional (municipal) land transfer tax, thus increasing this cost.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

“estoppel certificate”

A

An “estoppel certificate” is a document issued by a condominium corporation that gives potential purchasers information about the specific condo unit and the condominium corporation.

Exam tip: Transaction-related fees usually amount to 2%-5% of the purchase price.
Closing costs must come from the client’s own resources, especially for high-ratio mortgages. In other words, the closing costs cannot be borrowed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Accelerated Payments

A

This results in an additional amount being repaid each year equal to one full monthly payment and is known as an “accelerated bi-weekly payment”.

The result is that the borrower pays 13 months’ worth of mortgage payments each year and “accelerates” paying down the mortgage.

Exam tip: Know the difference between a “weekly payment” and an “accelerated weekly payment”. Notice it is the accelerated version that results in an extra amount equal to the monthly payment being repaid each year. For example, assume the monthly mortgage payment would be $1,000 (which is $12,000 per year).
Under an accelerated payment plan, $13,000 would be repaid each year.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

“accelerated payments” vs “acceleration clause”

A

Take note that there is a difference between “accelerated payments” and an “acceleration clause”. Because they sound very similar, they might provide for a trick question on the exam. While an acceleration clause does not belong in this section, it is discussed in this tip to show you the difference. An “acceleration clause” is a clause, common in a mortgage contract, that states that the full principal amount plus accrued interest immediately becomes due the moment the mortgage is in arrears (default).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

A pre-payment penalty is usually the greater of:

  1. Three months’ interest.
  2. An interest rate differential (IRD).
A

Example: Gina owes $250,000 on her mortgage. She has two years remaining on the mortgage term and is paying an interest rate of 4.5%. Current interest rates for a similar term are 3.0%. She would like to pay the mortgage off in full. Gina’s penalty would be the greater of the following:

Therefore, Gina’s penalty would be $7,500, and she would need to compare this penalty to the anticipated savings achieved by refinancing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Domestic contracts

A

are most often made at the beginning of a relationship or when contemplating marriage. Without a domestic contract in place, spouses who are separating must negotiate an agreement through what can be a very emotional time.

Spouses must provide full financial disclosure to each other, and it is in each spouse’s own best interest to get independent legal advice (ILA).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

5 emotional cycle stages of divorce

A

guilt,
denial,
anger,
sadness, and,
finally, acceptance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

The British North America Act, 1867, gave the _________ government(s) legislative responsibility for marriage and divorce, and this is still the case today.

A

Federal

• However, each province is responsible for the “solemnization” of marriage. This basically means the province can establish its own rules for the marriage ceremony, such as the minimum age requirement.
All provinces and territories have enacted their own marriage rules, and they vary.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

The federal Civil Marriage Act has three requirements for those who wish to marry:

A
  1. Minimum age: Both individuals must be at least 16 years of age.
  2. Consent: Both individuals must have “free and enlightened consent”, meaning that they both understand what they are doing and the responsibilities that come along with it.
  3. Previous marriage: Before getting married, any previous marriages must have been legally dissolved, which can occur through a legal divorce, the death of a spouse, or a declaration that the previous marriage is no longer valid (nullity).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Generally, family law legislation consists of various parts. Under one part of the Family Law Act, a “spouse” can include:

A

• Married couples.

• Unmarried couples who have lived together for at least three years continuously.

• Unmarried couples who have lived together, had a child together, and are “in a relationship of some permanence”. In this case, the three-year requirement does not apply.

For this reason, one part of family law provides that an unmarried spouse has a right to spousal support just like a married spouse. However, different parts of the Family Law Act will provide for different rights according to legislation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

In Ontario, unmarried spouses ________ entitled to receive an equalization of the net family property

A

Are NOT

because another section of family law defines “spouse” to include only those who were married.

As a result, although unmarried spouses can receive spousal support upon separation, they cannot receive an equalization of the net family property. The family law in other provinces may differ in this aspect.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Under the Divorce Act, a lawyer must:

A

• Discuss the potential of reconciling with one’s spouse, if appropriate, and

• Provide information about marriage counseling services.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Corollary Issues

A

Family law may involve several corollary issues.

• A “corollary issue” is any secondary issue that needs to be resolved as part of or prior to resolving the main issue. For example, prior to a divorce (main issue) being granted, a court must be satisfied that the parties have made reasonable arrangements for the support of children (corollary issue).

If a couple has been separated for 12 months, and if corollary issues such as support, custody, access, and division of property have not been agreed to, it is possible to separate the actual divorce from these unresolved issues. These issues can then be determined by negotiation between the parties or in court at a later date.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

For unmarried parents, the relevant provincial legislation will govern. In Ontario, this is the _________

A

Children’s Law Reform Act.

Note: Family law generally permits that custody and access is a child’s right and not the exclusive right of the parents). As a result, grandparents or other parties may be permitted custody or access under legislation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Domestic Contracts

A

“Domestic contracts” (aka “pre-nuptial agreements”) allow the parties to predetermine their rights and obligations and to regulate their own financial arrangements.

The agreement allows each party to:

• Define each party’s rights and obligations during the relationship and in the event of relationship breakdown.

• Opt out of most parts of the traditional marriage legislation.

Note: For a domestic contract to be enforceable, it must be fair!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Formalities of a Domestic Contract

A

To be enforceable, a domestic contract should be:

• In writing,

• Signed by both parties, and

• Witnessed (by an independent third party).

Further, both parties to the contract must provide each other with full financial disclosure, allowing the other party to know what the other spouse owns (assets) and what he or she owes (debts) so there are no surprises.

39
Q

Independent Legal Advice (ILA)

A

Most domestic contracts require that the parties receive (ILA) prior to signing the contract.

Although not mandatory,
this is because the parties may be opting out of marriage legislation that was put into place to protect them.

By receiving ILA, the court can be sure that the parties understand what they are agreeing to and are not being coerced in any way. Thus, the ILA will help to uphold a domestic contract.

40
Q

A court may set aside a domestic contract for one or more of the following reasons:

A

• A failure of one or both parties to provide full financial disclosure.
• A failure of one or both parties to receive proper legal advice.
• The existence of undue influence, coercion, fraud, or duress when the contract was being made or signed.

41
Q

Types of Domestic Contracts

A

In Ontario, the most common domestic contracts are cohabitation agreements, marriage contracts, and separation agreements.

Cohabitation Agreements
• An agreement entered into between two individuals who are living together or are planning to live together.

• The agreement deals primarily with issues expected to arise if the relationship breaks down. Cohabitation is considered to involve sexual (conjugal) relations, and you can’t just be roommates.

Marriage Contracts
• An agreement entered into between two individuals who are married or are about to be married. Often these contracts are drawn up because one spouse has had a previous marriage and may need to protect his or her existing assets.

Separation Agreements
A “separation agreement” is a contract made between a married couple who have decided to separate and will continue to live separate and apart. Agreements usually deal with the following:

• Ownership/division of property.
• Custody and/or access to children along with child support payments.
• Future spousal support payments (also known as “alimony”).

42
Q

Challenging a Domestic Contract

A

Domestic contracts are considered legal contracts. In order for a valid and enforceable contract to exist under common law, the following five fundamental prerequisites must be present, just as with any contract:

  1. Valid offer and acceptance.
  2. Legally competent parties.
  3. Mutual consideration (or contract under seal).
  4. Genuine intention to create legal relations.
  5. Lawful object of the contract.
43
Q

To overturn the domestic contract, it must be established that:

A

i. One party was unable to protect him- or herself, or

ii. The unfairness of the bargain from the point of view of the party attacking the
contract is such that it would shock the conscience of the court.

Contracts that are overturned on the basis of duress or unconscionable transactions often involve situations wherein each spouse did not obtain proper independent legal advice
(ILA). Therefore, obtaining ILA is prudent when entering into domestic contracts.

44
Q

Net Family Property

A

net family property is not the same as net worth.

Each province will have its own legislation as to what is or is not included in net family property, and legislation varies among provinces.

The Ontario Family Law Act (ON-FLA) generally defines “net family property” as “the value of all property a spouse owns on the valuation date less certain deductions and exclusions”.

In most cases, the valuation date will be the mutually agreed-upon date of separation. As of the valuation date, the value of all the property of each spouse (i.e. assets and liabilities) is determined.

45
Q

The Matrimonial Home

A

• It does not matter if the matrimonial home is jointly owned or owned solely by one particular spouse; it is subject to equalization i.e. division) without any deduction for its value prior to marriage if it is still a matrimonial home as of the valuation date.

46
Q

Impact of Divorce on a Client’s Financial Plan

A

Investment or financial advisors are not legal experts and cannot provide legal advice to clients. The only advice an advisor can provide to a client is that he or she seek the legal advice of a professional who is competent and certified in that particular area of law.

However, clients may need to discuss changes in financial plans due to the impact of family law issues, such as the following:

• Retirement planning
• Tax planning
• Revisions) to risk management
• Property division
• Spousal support (payments or receipt)
• Child support (payments or receipt)
• Estate planning (wills, POAs, and beneficiary changes)
• Divorce fees and costs

47
Q

SD is also used to create the _________ which plots the portfolio with the best potential return for a given level of risk.

A

efficient frontier

48
Q

Time Diversification

A

the risk that investments having returns that are “serially correlated” are more likely to achieve lower returns over the long term and will underperform investments that have more variable or erratic returns.

The longer the investment time horizon (i.e. the greater the amount of time before a specific goal must be met), the more desirable it is to have variable or erratic returns because time diversification is minimized. Remember, the greater the variability, the greater the likelihood of higher long-term returns.

Note: This concept is a little bit confusing because everything you have ever learned about investing likely suggests that diversification is a good thing and reduces risk. That is true if the goal is to minimize the variability of returns. However, in this context, time diversification itself is a risk because it relates to investment returns becoming very flat over the long run.

49
Q

A Comprehensive Approach to Risk Management

Strategic wealth management and preservation goes much further than investing and purchasing insurance. An advisor must take a comprehensive approach, which involves the following:

A
  1. Identifying who the family unit is.
  2. Identifying all of the assets and liabilities, including human capital (the ability to earn an income).
  3. Determining the risks and how serious they are.
  4. Implementing plans to manage significant risks.
50
Q

government taxes interest income to a _______ degree than it does capital gains income.

A

higher

51
Q

Good planning by an advisor will emphasize ____________ rather than _________

A

after-tax income maximization

simple tax minimization

52
Q

Effective investment planning requires knowledge of the Income Tax Act.
Investments should be compared only on a(n) ___________

A

after-tax basis.

53
Q

The tax return form used in Canada is called the _______________ and is also known as the “_________”. It is the catch-all tax return for all Canadians because all types of income and tax-deductible expenses can be reported on it. It is an eight-page document and may have various schedules and worksheets added to it.

A

Individual Income Tax Return

T-1 General

54
Q

The main information slips are as follows:

A
55
Q

How Taxes are Calculated

A
56
Q

Marginal tax rate (MTR)

A

also known as “tax bracket”

The tax rate that an investor would pay on the next dollar of earned income.

Caleb’s marginal tax rate is 26% based on the above tables. If his income were $160,000, his marginal tax rate (MTR) would be 29%.

When investors want to compare different investments, they use marginal tax rates.

57
Q

Effective tax rate

A

(also known as the “weighted average tax rate”):

The average tax rate that a person pays.

Caleb’s effective tax rate is 19.45%, calculated as follows:
= Total tax paid / Total income
= $21,400 / $110,000
= 19.45%

58
Q

Tax Deductions and Tax Credits

A

• A tax “deduction” reduces your taxable income and, in turn, your tax liability.
Allowable tax deductions include RRSP contributions, childcare expenses, and business losses.

• A tax “credit” directly reduces the taxes owed

59
Q

Refundable vs. Non-Refundable Tax Credits

A
60
Q

The basic personal amount (BPA)

A

CRA allows a federal tax credit on the first $13,808 (as of 2021) of income, which effectively cancels out the tax.

This credit applies to everyone.

The amount changes annually.

(Note: High-income earners may have their BPA reduced.)

61
Q

Age amount:

A

Available only to people who are age 65 or older as of December 31st of the tax year. The age amount allows a qualified taxpayer who is usually retired to claim up to a certain amount with the effect of reducing their taxes owing.

62
Q

Employment Insurance (El) and Canada Pension Plan (CPP) contributions:

A

These contributions are mandatory for employed people up to certain maximum contribution limits.

63
Q

When you buy a ____, you are not truly investing in that company; you are just a ________ who has loaned the company money.

Recall that a _____ is nothing more than a loan.

To entice you to invest in companies by buying shares, the government taxes capital gains or dividends more favourably than interest income.

A

Bond

Creditor

Bond

64
Q

Below is a summary of the four types of investment income and how they are treated for tax purposes.

A
65
Q

What happens when you receive dividends from Canadian companies and why are they taxed twice?

A

Dividends from Canadian companies are taxed twice - once at the corporate level when the company earns income, and again at the personal level when the shareholder receives the dividend. To alleviate this, the CRA provides a dividend tax credit to offset the double taxation.

66
Q

To calculate tax on a Canadian dividend, you must go through a four-step process

A
67
Q

Whether a dividend is paid out in cash or as a stock dividend (whereby the
client receives additional shares in lieu of cash), the tax implications are the same. Since the actual dividend is grossed up, this will have the effect of increasing a client’s net income, which can lead to the following:

A
68
Q

Return of Capital

A

When an investment (usually a mutual fund or ETF) distributes a portion of the investor’s own invested capital, it is called a “return of capital” (ROC) and is non-taxable. That is, investors are essentially getting some of their own money back.

69
Q

Non-taxable distributions will generally ________ an investor’s ACB.

A

lower

70
Q

Private Health Insurance Premiums

Private health insurance includes things that you usually consider part of your benefits package at work, such as dental coverage and eye care.

A
71
Q

Group Life Insurance Premiums

A
72
Q

Car Allowance for an Employee-Provided Car

A
73
Q

Business Meal and Entertainment Expenses

A
74
Q

Employer-Paid Courses for Employees

The tax implications for employer-paid courses depend on whether the course is for the employee’s development (e.g. a university course taken optionally by an employee) or mandated by the employer (e.g. a mandatory seminar on tolerance in the workplace).

A

Self-Improvement Courses
• Payments are a taxable benefit to the employee.

• The employee may be able to claim the tuition fee on his or her tax return.

Courses for the Employer’s Benefit or Courses Related to the Specific Job
• Not a taxable benefit to the employee.

• This is often the case if the course takes place during regular business hours when the employee is being paid.

75
Q

Flashcard: Home Purchase and Relocation Loans

What is the tax implication for an employee receiving a home purchase or relocation loan?
A

If an employee receives a low- or no-interest loan for home purchase or relocation, it’s taxable if below the CRA’s prescribed rate. Exception: no tax for the first five years on relocation loans if used for work-related relocation.

76
Q

Flashcard: Interest-Free Loans to Employees

How are interest-free loans to employees taxed?
A

If the interest rate is below the CRA’s prescribed quarterly rate, the difference is a taxable benefit. The benefit is not taxed if the loan’s interest rate is at or above the prescribed rate.

77
Q

Flashcard: Prescribed Rate

What is the ‘prescribed rate’ in the context of employee loans?
A

The prescribed rate is the minimum interest rate set by the CRA for tax purposes. If an employee receives a loan below this rate, the difference is a taxable benefit. If the loan’s rate matches or exceeds it, there’s no taxable benefit.

78
Q

When are an employee’s moving costs not considered a taxable benefit, and when can they be deducted?

A

Moving costs reimbursed by an employer are not taxable, assuming the move is for work.

If not reimbursed, the employee can deduct costs if:
1) moving for a job (not necessarily new employer),
2) moving within Canada,
3) new home is 40km closer to work, and 4) moving costs are deducted from income at the new location. Deductible costs include travel, household transport and storage, legal fees, and lease cancellation.

79
Q

What are the tax implications for personal use of a company car?

A

Personal use of a company car is a taxable benefit, including a “standby charge” for the availability of the car for personal use, and “operating costs” for personal driving.

To reduce the standby charge, use the car primarily (more than 50%) for business.

Operating costs paid by the employer for personal use are taxable, including gasoline, maintenance, and insurance not covered by the policy.

80
Q

When is a club membership fee a taxable benefit for an employee?

A

A club membership fee is not a taxable benefit if it’s for purely business purposes like networking for sales leads. If it’s for personal use, like a fitness or golf club, it’s typically a taxable benefit unless the employee can prove it’s solely for business purposes.

81
Q

What is an Employee Stock Option Plan and its tax implications?

A

It allows employees to buy shares at a set price within a certain period. No immediate financial outlay or taxable benefit occurs until the options are exercised. Options may have a vesting period and can be deferred until retirement for potential tax benefits.

82
Q

How is the taxable benefit of an exercised employee stock option calculated?

A

The taxable benefit is the difference between the fair market value of the shares when exercised and the exercise price, multiplied by the number of shares.

For example, if the market value is $25 and the exercise price is $10 for 10,000 shares, the benefit is

($25 - $10) x 10,000 = $150,000.

If sold immediately, this is taxed as employment income, potentially at a 50% inclusion rate if certain conditions are met.

If sold later for more than the purchase price, the difference is a capital gain.

83
Q

What are the tax implications for disability benefits under a salary continuance plan when the premium is paid by the employee versus the employer?

A

If the employee pays the entire premium, any disability benefits received are tax-free. If the employer pays the premium, the disability benefits are taxable to the employee.

84
Q

What is deferred compensation and what are the requirements for tax deferral?

A

Deferred compensation is an arrangement where an employee defers income to a later date, potentially to minimize taxes. This strategy is legitimate in certain scenarios, like a sabbatical, but deferred amounts must be paid within three years to comply with tax regulations.

85
Q

How can taxation of a retiring allowance be deferred and what are the limits?

A

Taxation can be deferred by transferring the retiring allowance to the employee’s RRSP in the year it is received or within 60 days of the year-end.

The limits are $2,000 for each year of service before 1996 and $1,500 for each year of service before 1989 where no pension or deferred profit-sharing plan contributions were made by the employer, not exceeding $3,500 in total for those years.

No deferral is available for service years from 1996 onward.

86
Q

Retiring Allowance for Employees

A

A “retiring allowance” can be:

• A retirement bonus given as a way to thank an employee for a long tenure with a company, or

• A benefit paid upon loss of employment (including a payment for damages or payments mandated by a court order or tribunal judgment).

87
Q

it is important to understand what a “transfer” between related parties is.

A “transfer” can consist of:

A

• a direct transfer of funds (a gift of money)
• a loan.
• a transfer of property (a sale of assets).

88
Q

_______ typically consist of a taxpayer on one side and a spouse or minor child(ren) on the other side of the transfer but could also be a trust or corporation. If the other party is not related to the taxpayer in any way, then this is known as a(n) __________

A

“Related parties”

“arm’s-length” transfer.

89
Q

Attribution—Transfers between Unrelated Parties

What is the principle of attribution between unrelated parties?

A

Transfers between unrelated parties are assumed to be at fair market value. No attribution rules apply, meaning any capital gains or losses are realized and taxed to the party that sells or transfers the property.

90
Q

Attribution—Transfers between Related Parties

How does attribution work for transfers between related parties?

A

For related parties, transfers are scrutinized for fairness. If transferred below fair market value, like giving a better deal to a spouse or minor child, the income or loss from the transferred asset may be attributed back to the transferor for tax purposes.

91
Q

Transfers that may result in attribution include the following:

A

Transfer or loan of funds (money) or property by a taxpayer to their spouse or minor children that is then used to earn investment income. This could be interest income, dividend income, or capital gains.

Transfer or loan of funds (money) or property by a taxpayer to a trust for which the spouse or minor children are beneficiaries or have a beneficial interest.

• Transfer or loan of funds (money) or property by a taxpayer to a corporation in which the spouse or minor children have a direct or indirect interest.

In all cases, the spouse or minor children will benefit in some form. So how can you reduce the risk of attribution occurring? One way is to use the “prescribed rate loan strategy”

92
Q

Prescribed Rate Loan Strategy

When a loan between parties is established:

A

• If the interest rate that is charged on the loan is the same or higher than the
“prescribed rate” (an interest rate determined by CRA)

AND

the interest is paid within 30 days after the end of each year the loan is in place,

THEN

there is no attribution.

Otherwise, attribution will occur.

93
Q

Type of transfer (rules and attribution)

A