Advisor Opportunities Using TrustsSandy CardyMackenzie Financial Corporation
Strategic use of trusts
Initiate tax and estate planning discussionsCustomize basic strategiesRESULT:Increased satisfaction with your valueOpportunities for business building
Topics to cover today:Why trusts?Basics of taxationCase studies:Asset protectionHandicapped beneficiariesBusiness SuccessionIncome-splitting testamentary trustsInsurance Trusts
Trusts Who is a prospect?Minor childrenSpecial-needs dependentsFamily members who are not financially astuteIncome-splitting Retirement planningCharitable givingInheritancesMarriageDivorceConfidentialityProbateFamily law property claims
Trusts - inheritance planning- The Evans family
Sam (22)SonHeather (20)DaughterRobert (85) + Emma EvansJohns ParentsJohn (56) Kate (55)
Case #1-Testamentary trusts
Delay distribution of assetsControl over assetsSave on income tax
Johns inheritance of $1,000,000
Direct Inheritance @ MTR of 45%Mackenzie Sentinel Corporate Bond Fund$1,000,0006% interest income$60,000Taxes payable$27,000Income retained$33,000Net annual savings through a testamentary trust
Testamentary Trust @ graduated rates$1,000,000$60,000$16,000$44,000$11,000
Johns inheritance$60,000 Income $24,000 paid to beneficiaries $36,000Total Taxes = $8,000
The Power of Testamentary TrustsJoans $1,000,000 inheritance from his parents is generating $60,000 interest income annually.
Testamentary trusts - planning opportunitiesIncome splitting for high income beneficiariesIncome sprinkling for beneficiaries with dependant childrenDesignated income
Case #2 Insurance trust
Vivian (68)Widowed but well off4 children3 successfully independent1 dependent on Vivian at age 36
Vivian dies?IssueUnequal sharingLegal wranglingFamily discord
Possible solutionWill planningGiftingAlter Ego trustInsurance trust
Insurance trustsFunded with the proceeds of life insurance policyEstablished outside estate as separate trustBeneficiary designation pays proceeds of policy to individual - receives proceeds as trusteeDocumentation to establish an insurance trust:Last Will and TestamentTrust Declaration or Trust Agreement
Insurance trusts advantagesTaxed as testamentary trustProbate avoidanceCreditor proofConfidentiality
Case # 3 - Handicapped beneficiariesAmanda, age 6Father Life insurance proceeds $250,000Designated beneficiaryOptions availableIn trust for accountAnnuityFormal trust
Henson trustTrustee$250,000Fully discretionary Control of assets Prescribed beneficiary election
Case #4 - Jackson Tool & DieAge 56Wife Joan (55)ChildrenEric (27)Cody (22)Joanne (17)Bill JacksonOwner/ManagerJackson Tool& Die$5 million
Estate freeze - trustOperating CompanyTrustFamilyDebt andpreferredCommonsharesBill
Estate freeze - strategies to considerUse the capital gains exemption nowRecommend multiple wills
Estate Freeze - The real nitty grittyWhen to freeze will owner have enough value to live on in the future?
How do you protect childrens shares from matrimonial claims?
Case #5 Asset protectionLou (70)Divorced married Anna Nicole 2 years ago3 children2 grandchildrenAnna Nicole (32)Divorced1 son
Lou dies first?Issue
Family law issuesEstate depletionLous children disinheritedLegal wranglingFamily discord
Will planningGiftingAlter-ego trustSpousal trust
Alter Ego trust
Protection of assetsControl of capitalConfidentialityJurisdiction shoppingProbate avoidance
AssetsLou and/or Anna NicoleLou and/or Anna NicoleChildren
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In all there are as many as 2 dozen types of trusts in use today. Each meets a purpose or addresses an aspect of tax or common law. Although the terminology differs from province to province, the federal laws governing the taxation and administration of trusts are consistent throughout Canada.
Before we launch into the case studies, Ill take a moment on the federal tax rules.Trusts can be classified as either testamentary or inter vivos:The primary difference between the two is how they are taxed. Intervivos trusts are taxed at the highest MTR. There is no income tax benefit to setting up an intervivos trust in your own province. Intervivos trusts can be u used for other non income tax purposes ex, alter ego trust can be implemented by seniors in several provinces to avoid probate fees on death. They can be implemented by parents to protect inheritances against the divorce of their child. Alberta trusts are set up by some very high net worth individuals where the trustees of the trust reside in alberta and thus used to take advantage of lower Alberta MTR.
And there are some trusts that can be implemented through your estate to greatly cut taxes after death these are testamentary kind that are set up as a result of having been set up in someones will. Testamentary trusts are taxed On a progressive tax rate structure the same as an individual in other words the testamentary trust pays tax itself and files a tax return. I will be spending the next 10 minutes or so discussing testamentary trusts. These are my favourite estate planning tool because of the considerable income tax savings available with one of these. I just dont like what has to be done to get one of these you have to be willing to die to get it.Lets look at the Evans family. Robert and Emma are getting up in years. By planning ahead any inheritance John receives can attract less tax than if John receives his inheritance outright.There still are incentive trusts being set up to reward certain behaviour as long as it does not contravene public policy.
Sophisticated tax planners now often advise clients to create testamentary trusts even in situation where there is no extraneous need for a trust.
Testamentary trusts are one of my favourite estate planning tools. There are only 2 problems:Someone has to dieTestamentary trusts are inconsistent with probate avoidance strategies
Additional Technical Content
Income splitting the income tax savings will be more modest with smaller sums of capital to place in the trust at what threshold does this make sense when $200,000 or more is available for insertion into the trustA sprinkling trust is one which has a collection of income beneficiaries and provides the trustees unfettered discretion to select income beneficiaries to receive income allows the trustee to discard the even hand doctrine that would require the pool of beneficiaries to receive income on an equal basis (and in other situations to invest as to provide income and capital to satisfy capital beneficiaries needs as well)
Designated income under the designated provisions of the ITA it is possible to pay that income out to the beneficiary while having the income taxed on the trust return.
Additional Technical Content:
Successive trusts: CRA has indicated that assets transferred out of one testamentary trust can be flowed into another testamentary trust ie spousal trustMultiple Trusts:creating a series of testamentary trusts out of a single estate is possible in some circumstances ie your client has 4 kids can create on test, trust for each and this expands the tax base for the family.Or each souse can establish 4 trusts in each of their respective wills now tax base is expanded with the addition of 8 new trusts. If the parents have an estate in the millions, the tax savings across the family unit can be in excess of $100,000 each year.
Loss of Status as a testamentary trust (tainting)Contributions from the livingBeneficiaries paying capital expenses of the trust say wrap fees must be paid by trust not a beneficiaryFailure to distribute assets if this is the case the trust will be taxed as an inter vivos trust
Additional advantage of a testamentary trust taxes are paid once annually rather than in quarterly installments that allows for ongoing tax deferral. Over 20 years or more, the cumulative value of that deferral can be significant
Can also use incentive trusts to encourage certain beneficial behaviour. education, career, to encourage beneficiaries to be involved in community and charity work, to encourage spouse to say home with kids all is this is controversial but is possible and good for kids between 20 and 40 once someone is 40 they are as mature as they are every going to be.Thanks Carol. In this case youre dealing with Vivian, who is widowed and has more than enough money to live comfortably. She has four children three of whom are successful and financial independent. Her fourth child, Warren, has difficulty maintaining relationship as well as staying employed. Warren is 36 and still lives with Vivian. Although she loves all of her children, like many parents, she feels responsible for Warren and wants to ensure that if anything happens to her that Warren will be well provided for.Vivian has come to you asking how to provide a little extra for Warren in the event of her death. As in the first case, no planning for unequal sharing can lead to legal battles with the other children, and because of that, hurt feelings that can strain the family relationship.
Your first step is to review with Vivian and her legal advisor just how Vivians will is constructed. Under her will she can leave extra for Warren with an explanation, and that may be all you have to do. She may want to consider giftin