Canada

Death of a Taxpayer, 10th Edition

Edited by Suzanne I.R. Hanson · Sandra A. Bussey
CCH Canada January 2012

Specifications

ISBN-13
9781554965663
Publisher
CCH Canada
Publication
January 2012
Format
Paperback
Jurisdiction
Canada ? Countri(es) for reference only

Details

Key tool for lawyers, accountants, financial planners, executors, trustees and other professional advisors

Death of a Taxpayer offers a comprehensive review of the relevant income tax implications that occur at death. Fully updated to reflect the latest budgetary pronouncements, legislative changes, new case law, CRA administrative positions, this exclusive edition provides guidance to help minimize the tax burden on the estate of the deceased taxpayer.

Designed as an all-in-one resource for tax professionals, it contains detailed information on the intricacies of estate planning and income tax compliance, with expert commentary you can trust to address even the most complex tax issues that can arise at death. It is a key tool for lawyers, accountants, financial planners, executors, trustees and other professional advisors.

Topics include:

  • The tax treatment on death of income from rights and things, periodic payments, refund of premiums from RRSPs, etc.
  • The tax treatment of capital property at death
  • Rollovers to spouses, common law partners and qualifying trusts
  • Special issues regarding partnerships and farm property
  • Taxation of estates and testamentary trusts
  • Obtaining a clearance certificate
  • Distributions to beneficiaries
  • U.S. estate tax and tax issues affecting non-residents

Essential updates in this edtion:

  • Rollover of RRSP (or RRIF) proceeds into lifetime trusts and Registered Disability Savings Plans
  • Tax-free savings accounts
  • Registered Education Savings Plans
  • Jointly held property
  • Pension income splitting election
  • U.S. estate tax update
  • Child tax credit
  • Definition of “testamentary trust” in s. 108
  • Executor's year
  • Determination of the residence of a trust
  • Bequests of certain capital property
  • Qualified fishing property
  • Update of Ontario family law issues

Table of Contents

Preface

Chapter 1: Introduction

  • Tax Planning at Death
  • Intestacy
  • Will Planning
  • Will Planning and the Ontario Family Law Act
  • Property Passing Outside the Will
  • Estate Administration

Chapter 2: Computation of Income and Taxes Payable

  • Filing of Returns
  • Liability of Personal Representative
  • Clearance Certificates
  • Elections to File Separate Returns
  • Periodic Payments
  • Rights or Things
  • Income from a Business
  • Income from a Trust
  • Reserves in the Year of Death
  • Pension Income Splitting Election
  • Registered Retirement Savings Plans
  • Registered Retirement Income Funds
  • Registered Disability Savings Plan
  • Home Buyers' Plan
  • Lifelong Learning Plan
  • Employee Profit Sharing Plans
  • Deferred Profit Sharing Plans
  • Registered Pension Plans
  • The Capital Gains Exemption
  • Other Deductions
  • Personal Tax Credits
  • Tax Credits: Separate Returns
  • Medical Expense Tax Credit
  • Charitable Donations Tax Credit
  • Alternative Minimum Tax
  • Payment of Tax

Chapter 3: Taxation of Property Held at Death

  • Capital Property
  • Depreciable Capital Property
  • Shareholdings and Death
  • Eligible Capital Property
  • Canadian and Foreign Resource Properties
  • Land Inventory
  • Principal Residence
  • Tax-Free Savings Account
  • Eligible Funeral Arrangements
  • Alter Ego Trusts
  • Registered Education Savings Plan

Chapter 4: Executors, Administrators and Trusts

  • General
  • Testamentary Trust
  • Residence of an Estate or Trusts
  • Filing Tax Returns for a Trust
  • Fiscal Period of the Estate and the Executor's Year
  • Income Recognition by Beneficiaries
  • Computation of Income of an Estate
  • The 21-Year Deemed Realization Rule
  • Interest on Inheritance Taxes
  • Dispositions of Property by a Legal Representative
  • Taxation of Distributions and Allocations to a Beneficiary
  • The Estate or Trust as a Conduit

Chapter 5: Spouses, Common-Law Partners and Qualifying Trust

  • Capital Properties
  • Reserves
  • Land Inventory
  • Resource Properties
  • Principal Residence
  • Death Benefits

Chapter 6: Some Income Tax Aspects of the Ontario Family Law Act

  • Framework of the Ontario Family Law Act
  • Estate Considerations
  • Filing Income Tax Returns
  • Qualifying Spouse Trust
  • Equalization Using a Trust
  • Tax as FLA Debt or Liability
  • Post-Mortem Tax Planning
  • Clearance Certificates
  • Registered Retirement Savings Plans

Chapter 7: The Taxation of Partnerships

  • Introduction
  • Disposition of Partnership Interest on Death
  • Other Issues

Chapter 8: Farmers and Farm Property

  • Introduction
  • Farm Property Rollovers
  • Cash Method of Computing Income
  • Basic Herds Livestock Inventory
  • Net Income Stabilization Account (NISA)
  • Hobby Farmers
  • Miscellaneous Items

Appendix 1

  • Canadian Taxation and the Non-Resident

Appendix 2

  • United States Estate Tax

Appendix 3

  • Checklist of Filing Requirements

Appendix 4

  • Checklist of Useful Information

Appendix 5

  • Relevant Interpretation Bulletins
  • Information Circulars Covering Death, Deferred Plans and Estates
  • Tax Rulings
  • Advance Tax Rulings (Second Series)
  • Technical News
  • Guides

About the Author

Suzanne I.R. Hanson, BA, LLB, has been practicing in the area of tax and estate planning for more than 35 years, and is tax counsel with the law firm of Fogler, Rubinoff LLP. She has written numerous articles on taxation matters for the Canadian Tax Journal, the Canadian Tax Foundation Conference Proceedings and Tax Management International Journal. She has also lectured extensively at professional conferences and courses, including those sponsored by the Canadian Tax Foundation and by CCH Canadian Limited. Ms. Hanson is a past Governor and member of the Executive Committee of the Canadian Tax Foundation.

Sandra A. Bussey, CA, is a partner with KPMG LLP in Waterloo. She has been a tax practitioner for over 25 years and specializes in estate planning and tax planning for individuals and privately held corporations. She is a member of the CICA, the Canadian Tax Foundation, the Society of Trust and Estate Practitioners and a past president of the Waterloo Wellington Estate Planning Council.

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