Category Archives: Tax Planning

The only thing certain in life is death and taxes. Sound guidance, sage advice and helpful tips about taxes from Jamie List of Bearing Capital Partners will help you keep more of what you work hard to earn and accumulate.

Fall Harvest – Turn Losses into Gold?

The bad news is in, and the equity markets are up, but still down from two years ago this fall.  Investors are reeling from constant negative news, and are deeply concerned about the general state of the economy.  Some of these fears are well founded, as the world economy is going through a period where it de-leverages its market positions, and the effects will likely be a sustained global recession.  But, the prudent investor will remember that the markets will go up again, but it is still difficult to endure a portfolio loss.  It will take time to recover, but they will.

However, there is some immediate opportunity to be found, and it is not dependent on the markets.  The best way to make money right now is to take it from the taxman.  Since portfolios are generally down, you might want to take advantage of a concept known as “tax-loss harvesting.”

What is it?

Tax loss harvesting is the process of triggering capital losses to realize an immediate tax gain.  In the case where you trigger a loss in your portfolio, you have two options.

First, you can use capital losses to carry back against capital gains tax payable in 3 previous years.  So, if you have capital gains that you have paid recently, you can trigger capital losses and reclaim the taxes you have paid in the past.  At the highest marginal rate, this can mean that your current losing investments are worth as much as 23 cents for every dollar they have gone down.

Second, you can trigger capital losses and carry them forward indefinitely.  This means that you can “bank” a specific amount of capital losses and carry them forward to use against capital gains that you may have in the future.  This will allow you the flexibility to re-allocate portfolios in the future while limiting the taxes triggered upon disposition, or it could allow you the ability to take tax-free income from a portfolio through dispositions rather than through income or dividends.

How does it work?

Tax-loss harvesting can only be done in a non-registered, or taxable, account.  Transactions as described below will not work with assets held within a registered plan because you are not subject to tax on growth, and conversely, you are not able to take a benefit from capital losses.

Essentially, the point is to arrange a transaction to sell-out a position that is sitting with a significant drop in value, and then repurchase a similar holding in the same asset class.  This creates a loss, but maintains the desired asset class exposure so you don’t miss any potential upside.

In Canada, according to tax law, in order to take the capital loss, you must not reinvest in the same security for a period of 30 days.  So, assuming that you wish to stay invested, you do not want to be out of the market for a period of 30 days, specifically with markets as volatile as they are today.  This is why you sell one holding and purchase another similar one.

Mutual Fund Holders

So, let’s take for example that your portfolio holding, the XYZ Canadian Equity Fund, is down 25%.  The original cost of the funds was $100,000 – this is referred to as the “cost base.”  If you were to sell that fund right now, you would incur a $25,000 loss.  At the highest tax rate, this loss is be worth approximately $5,800 of taxes, either to be reclaimed from past taxes paid, or taxes payable in the future.

If you were to simply sell the fund and take the loss, you would have crystallized your loss, and if the market turned around, you would miss your gain on the upside.  Instead, you can sell the XYZ Canadian Equity Fund (“harvesting” your loss), and repurchase the LMNOP Canadian Equity Fund instead.  This will maintain your exposure to Canadian equity, but the two assets are different for tax purposes, so you will have gained a tax loss.

The good news for fund owners:  like it or not, most large cap equity mutual funds are essentially closet indexers (the secret is out).  So, it really makes no significant difference if you sell one company fund and buy another.  What does make a difference is the type of fund.  Do not sell a growth fund and repurchase a value fund – the return characteristics likely will not be the same.  So – do your research as far as the sector, but rest assured that broad market mutual fund managers are going to fall very close to the benchmark, making this a fairly reliable strategy for mutual fund investors.

Individual Stock Holders

For those who have specific stocks in your portfolio, the process is a little bit less ideal, but still viable.  You essentially have two options:

  • Replicate the strategy above, but instead of using funds that are similar, use stocks that are similar.  For instance, imagine that you own shares in Coca-Cola.  You could sell your shares in Coke and buy Pepsi instead.  These two companies are going to have very similar returns over the next 30 days: much of the risk in both stock prices is based largely on a global lack of liquidity, not whether people prefer one type of cola beverage over another. So, you can get out of Coke, crystallize your loss, move over to Pepsi for 30 days, and then repurchase Coke after the period has elapsed.
  • Or, you can replicate the strategy above, but instead of using funds that are similar, use an ETF or index fund to simulate the return of the asset class you have harvested losses from.  For example, you may have a holding in Bank of Montreal.  You could sell this holding, trigger your losses, and then purchase the iShares Financial Services ETF (XFN) to maintain exposure to the financial services sector.  While this is not a perfect replication of the BMO holding, you would still participate in the upside that the sector may experience while you are out of BMO for the required period.

In both the examples above, there may be fees involved for trading that should be factored in to the cost/benefit analysis.  Some brokerage houses have programs that will make a mass purchase of the losing assets in your account, and then resell them to you in 30 days – referred to as REPO programs.  These arrangements can help reduce the costs of this transaction if there are many holdings affected.

In all the proposed methods, you will note that I am not recommending one stock over another – in an ideal world, this is an impartial transaction.  We are simply trying to maintain the appropriate asset class exposure for the period following the transaction.

Best of all, this portfolio manoeuvre can create immediate value to your portfolio.  In the examples above, a $100,000 holding with a $25,000 loss will yield a $5,800 tax benefit.  On a holding that is now worth $75,000, that is an effective return of 7.73%, and can begin your portfolio as it works its way back to par.  The strategy is not perfect – it does mean more capital gains to accumulate in the future, but it may provide you with the ability to reclaim some lost taxes, and re-invest that money into the market to help ready your portfolio for market upside that will come in the future.

The Child Care Expense Derby

find out who should really claim child care expenses on their tax returns

Can't decide who should claim the child care expenses at tax time?

My wife and I earn similar (but variable) incomes, and so each year we engage in what we call the “Child Care Expense Derby.”  We have the government to thank for that.  Every year I am a bit suprised by who it goes to (“and the winner is…”), but I am glad for the opportunity to get some tax back for the money we put into child care.  I always like to go to some handy tax calculators to figure out where I stand before tax time to see if I can predict the winner.  Here are two: my website (not very complicated), and TaxTips.Ca (more complicated).

The reason for the derby is this – we are never exactly sure which income will be the lowest until we get our employers’ T4’s, and then the spouse with the lowest income is the one who receives the benefit of the child care tax deduction.  Also, thew winner of the Child Care Expense Derby will be the spouse who contributes less to their RRSP.  The child care expenses can cause a big swing: tax rules allow expenses to be deducted in the following amounts:

  • a maximum of $7,000 per year for each other eligible child who is under 7 years of age at the end of the year; and
  • a maximum of $4,000 per year for each other eligible child (between the ages of 7 and 16).

This means that a family of three children under the age of 7 has deductions of up to $21,000 – nice work.  You could notice significant savings on your taxes, approximately a $7,000 tax savings for the average Canadian, who earns income at approximately a 30% tax rate.  The eligible child care is defined by CRA as on their website follows:

  • an eligible child care provider;
  • a day nursery school or day-care centre;
  • a day camp or day sports school;
  • a boarding school or camp (including a sports school where lodging is involved); and
  • an educational institution for the purpose of providing child care services.

Note that this is not an exhaustive list expenses, and other expenses, such as advertising for a care worker, or agency fees to find a care worker are also included.

The downside here is for a family that only has one income, or when the incomes are far apart (i.e. one high income and one low income), the deduction may not be as great that two mid- or high-income earners.  But it is still powerful.  Imagine a family with one income of $75,000 and one income of $45,000.  (Let’s say there are two children under 7, so $14,000 of eligible expenses).  The lower income spouse at $45,000 would reduce their taxable income by $14,000, using the childcare expenses as a deduction against income.  This would be a tax savings of approximately $3,300 for the year.

You should also note that this deduction gives you the exact same tax relief  as an RRSP deduction, so if you have to make the choice between who does what, don’t let the lower income spouse do any RRSP deduction until the higher income spouse has maximized their RRSP contribution.  This will ensure that the higher income spouse gets more deductions against their income, and that the lower income spouse does not put RRSP contributions in at an exceedingly low rate.  Some planning should help you avoid this.

This should help when it comes to deciding what to do about care for your kids, to help and reconcile the finances at the end of the year, and to generate some other tax benefits while you are at it.

Protecting your Estate: Where there’s a Will…

HeadsupDad.com
To love what is lovely, but will not last

There are a variety of things that we don’t like to do. Taking out the garbage comes to mind, as a task that is unpleasant, but absolutely necessary to the proper functioning of a household.

So it is with a legal Will. Many families, particularly young families, put off the inevitable conversation about their Will. It is an unpleasant conversation, and there are a good deal of difficult decisions to be made and discussions to be had, to solve some problems that will (hopefully) never arise.

Its not about you…

At the end of the day, there is nothing more important than protecting your family and their future in the event of an untimely meeting with your maker. Everything you have done, every nickel you have saved, every asset you have accumulated does not want to be tied up in court while they try to figure out what to do with it. You don’t want your creditors, government, family, any of your beneficiaries to be arguing, fighting, negotiating over your assets at a time when they should be taking the time to deal with their own losses and come to terms with their new realities.

Bottom line: Drafting a legal Will and a Power of Attorney is a necessary and fundamental part of the financial planning process.

The downside to dying without a Will is that there is a time lag between that event and when your estate is cleaned up. When someone dies, the courts need to probate your estate, and then approve the passing of assets on, even if that person is a spouse. With a proper Will, the courts can quickly move things along. Without a proper Will, this can draw out and lengthen the process—which is already full of emotional burden.

There are two significant roles and responsibilities you need to appoint before you begin:

  1. Executor – this is the person that is in charge of carrying out the terms of the will.  Many spouses appoint each other, but often there is an alternate appointed in the event of a common disaster (i.e. both parents pass away).
  2. Guardian – this is the person that you appoint to take care of your children should you not be able to.
  3. Powers of Attorney – this is a person who will be able to make decisions on your behalf if you are incapacitated.

Once you have these roles determined, and before you see a lawyer, you should also take account of the following:

  • make a list of all assets (investments, RRSP’s, pensions plans, real estate, family heirlooms, i.e. anything you own of significance financially or emotionally)
  • make a list of all debt (mortgage, student loans, etc.)
  • identify all insurance policies (personally owned, group/employer policies)
  • identify any other legal arrangements that may impact your planning (pre-nuptial agreements, shareholders agreements, etc.)

Finally, when you go to see the lawyer to draft your will (I would encourage spending the money on a lawyer, and not using a will planning kit), you should also prepare your powers of attorney.  A power of attorney outlines who has the legal right to make decisions if you are incapable of making those decisions for yourself.  Usually people draft two powers of attorney: one is for their wealth (for decisions about their money), and the other is about health, (decisions about healthcare).

Identifying the key roles in your will and POA planning, as well as a thorough list of assets, liabilities and insurance in advance will go a long way to speeding up the process of drafting the will.  As with Life Insurance, a small investment of time and money well spent and a few prudent but simple and easy steps today, will make things that much easier for those that are left behind. The good news is that this will help you save some money on legal fees, even if you won’t be around to spend it.

In the end, you will have a document that will protect your family and will streamline a stressful process during what will certainly be a very difficult, tragic and traumatic time (unless by chance you are not only dead, but a Deadbeat Dad—but of course you are not one of those. You would not be here right now, sitting with that concerned look on your face, reading this post while looking up your lawyer’s telephone number on your Blackberry or your iPhone—there it is, that was not so hard now was it? Go ahead, hit the dial button).

Questions? Concerns?

Please feel free to post your comments and questions here. We’ll be happy to help.

Your RRSP and Long Term Wealth

Maximizing Your RRSP

RRSP’s are the central planning tool for many Canadians’ retirement objectives.  Say what you like, but the tax advantages of the deductible contribution are a powerful incentive to add to this tax-deferred investment vehicle.

It is important to note that the RRSP is just that – a tax deferral.  Most Canadians understand that their wealth accumulates tax free in an RRSP (more specifically, free from accrual taxation), however what most investors do not properly recognize is the effect of unwinding their RRSP.  If you are not careful, the tax that you are saving currently will be recouped by the government again later on.

So the bad news is that the RRSP is not a perfect vehicle.  The good news is that it does the trick up front, affording you tax incentive for savings, and defers tax on growth.  However, there are a variety of strategies that can help you maximize the after-tax value of your RRSP, both to you while you are living, and to your estate if/when you pass the assets to beneficiaries.

The Facts about RRSP’s

There are two main attributes of the RRSP/RRIF that we are looking to deal with in this article.  The first is the tax liability generated when the RRSP is converted into a RRIF and income is taken on an annual basis, and the second is the tax liability that exists when the RRSP/RRIF is passed along through the estate.

  • First – income that you receive from your RRSP is taxed just as though it were interest or employment income, meaning at your top marginal rate for the given tax year.  Most individuals recognize this in their planning.  The rules for RRIF payments is that there is a minimum amount that must be taken out each year, based on your age, or the age of your spouse (whichever is more beneficial).  This means that you can be forced to take out more than you need.
  • Second – in the year of death of the second spouse, the entire balance of your RRSP is included in order to calculate income tax payable on the RRSP/RRIF.  This income would come in excess of any other investment, dividend, and/or capital gain income declared on the final return.  This means that, if your RRSP was the only income you took in your final year (in Ontario), a $1,000,000 RRSP would have a tax liability of roughly $448,000, leaving your estate with only $552,000.

The tax treatment of the RRSP/RRIF at death is what we are most concerned about in this article – effectively, how do we reduce a tax liability that will erode almost one half of the savings you have worked so hard to accumulate?

Three simple approaches

Broadly defined, there are three different categories you can take to managing the ongoing and terminal tax liability in your RRSP.

  • Effectively manage your tax brackets while you take income from your RRSP.  Tax bracket management for estate planning takes a little bit of discipline.  Essentially what you are trying to do is remove income from your RRSP/RRIF at a tax bracket lower than what it would be at death.
  • Reconsider your asset allocation to reduce double taxation of Capital Gains in the RRSP structure.  Look at the tax treatment of the assets you have, and allocate the least tax efficient assets into your RRSP/RRIF.  Income producing assets are going to be taxed at the highest rate, so leave them in the RRSP/RRIF.  However, dividends and capital gains are tax-advantaged vehicles; leave them in your non-registered portfolio.
  • Use complimentary assets and strategies in combination with your RRSP to maximize the value that the RRSP delivers to you while you are living, and to your estate.  The first and simplest would be to incorporate a permanent insurance strategy into your planning, starting early if possible.  Simply put, life insurance will be able to fund the tax liability that exists within your RRSP/RRIF.  Furthermore, most permanent life insurance contracts allow you to accumulate assets within the contract on a tax deferred basis (returned tax-free if the proceeds pass on at death).

When considering a plan to minimize taxes, please remember that any tax driven strategy should be considered carefully by an independent tax professional.  The information presented above depends on certain assumptions which may or may not be relevant to all of our readers.

The long and the short of it is that the RRSP/RRIF is a great planning tool with powerful front end benefits that the average consumer enjoys – a tax deduction for savings.  But be careful: without proper planning, those savings will be eliminated by the government in retirement, or, at the latest, at death.  If your intent is to maximize your after-tax income during retirement, or to maximize the value of your estate to your heirs, careful attention should be paid to your RRSP/RRIF and how it is interacting with your tax rates and other assets and cash flows you have at your disposal.