Tag Archives: capital gains tax

Two-way Traffic podcast: Cocaine dealers, Airbnb operators, and the CRA

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Trevor Parry (L) and Kim Moody (R)

The following is an edited transcript of the podcast Two Way Traffic hosted by financial advisor Darren Coleman with his two guests: tax lawyer Trevor Parry and Kim Moody of Moodys Private Client which provides law, and cross-border tax and accounting services. Trevor Parry once told Stephen Harper that Canada has more auditors than infantry. Not to be outdone, Kim Moody says in the eyes of the Canada Revenue Agency a cocaine dealer can deduct expenses in this country, but not an Air bnb operator.

Click below for full link (interview conducted early January):

https://twowaytraffic.transistor.fm/episodes/cocaine-dealers-airbnb-operators-the-cra

Darren Coleman

I’m joined today by Kim Moody of Moodys Private Client in Calgary, Alberta, and tax lawyer Trevor Perry, who is based in Ancaster. They are two of Canada’s most prolific tax fighters. We’re going to discuss where are we right now in terms of tax policy and what should Canadian investors be thinking about. Also, we have a new government in the United States.

Why don’t we begin with a little bit of kind of where are we right now? We just had the fall economic statement that was not delivered by your Finance Minister. But they came in at more than 50% higher than the fiscal guardrail that they set for themselves. So this is an astonishing amount of capital that they’ve spent, and not even remotely close to where they said they were going to be. Even $40 billion was a big number. So now that it’s 60 and there’s really no one to stand there and take accountability for it, and we had the Finance Minister resign just hours before she delivered that statement. So I’d want to focus on where does that leave taxpayers right now because there are a number of items. I’ll focus on the capital gains inclusion rate change as probably the most significant one. Where are we now? Is that going to go through? Not going to go through? What should investors be doing? What should taxpayers be doing with the state of change that we have in Ottawa?

Kim Moody

To your question on capital gains, where are we today? This is certainly one of the most unusual times in my career where we had proposed tax legislation that looks like it’s not going to get through. Trevor and I have been around a long time, and seen lots of tax legislation not get through. If I was a betting man, I’d say probably about 98% certainty that it’s not going to go through. And I’ve written about that in my Financial Post articles. So Trevor, do you know of any other, you know, broad based piece of legislation?

Trevor Perry

There was a lot of tumult when income trusts were attacked and all that kind of stuff. But the panic that was engineered this year to create some kind of revenue event because of forced selling, and it’s going to die because they prorogued Parliament. No, I’ve never seen anything like this before, and it’s just part and parcel of the worst in the history of this country, the worst tax policy from day one going on.

Darren Coleman

It’s really a quandary for investors and taxpayers, because the general rule has been, if I’m correct, that even though the legislation may not be enacted, one has to act as if it was going to pass, right? But as you guys have said, it’s very likely this will not pass. Should people, as they go into the tax year, be assuming that the new capital gains inclusion rate applies and act accordingly? Or should they act as if no, a betting man says it’s not going to happen, so I should just keep the old rates. What should you do?

Kim Moody

The CRA has a long-standing policy of encouraging taxpayers to act on proposed legislation.  I think there’s a good reason for that, and I support them on that because 98% if not higher of tax legislation and proposed tax legislation gets passed even with retroactive applicability, which is very common in tax law. There were some recent statements attributed to the CRA saying they’re going to continue to administer the capital gains stuff on the basis that it’s law, even if an election is called. This stuff is not going to get passed if an election is called, and therefore you’re going to continue to administer it. Well, I can tell you, in my client base, I’m giving the exact opposite advice because I think there is a 98% chance this thing is not going through. So if you want to amend your tax returns for the two-thirds inclusion rate, go right ahead, but you’re going to do it without my blessing because I think it’s wrong, and you’re going to fight to get that money back. It’ll take a long time. So that that’s my approach.

Darren Coleman

How easy is it to fight to get your money back? Is that pretty standard? Like, no, don’t worry, they’ll refund it within five business days, or is it a big argument?

Kim Moody

No, it’s not usually a fight, per se, although there’s always exceptions to that, but it’s a matter of timing. You know when you amend your tax return? Number one, Have you filed your tax return? If so, then do you have the ability to amend it? Which, in most cases, you do, and then how long is it going to take for them to process it? Those are usually the pillars, and it’s that last one that takes a long time,

Trevor Perry

It’s part and parcel of a tax administration system that needs a complete overhaul. Given that they know everything you’re doing already we need some basic respect for the taxpayer, which is something we don’t have. I remember telling our last Prime Minister that there were more auditors in Canada than Canada has infantry. That’s the nature of the beast right now.

Kim Moody

And that’s increased by a lot. I think 29,000 CRA employees. So I think it’s almost 60,000 if I’m not mistaken.

Trevor Perry

And we have about 12,000 infantry, of which we cannot deploy them all at the same time.

Darren Coleman

Let’s go back over that greatest hits of outstanding tax policy that we’ve seen over the last year. Kim, you actually wrote about that in the Financial Post recently (late January). We’ve had the flipping tax. We’ve had the changes to AMT. We’ve had the unused, underused housing tax. We just had the move the date of which you can make a charitable contribution, because we had the postal strike.

Kim Moody

Kim Moody

Trevor knows I’m certainly no fan of the capital gains one, which I had ranked number one in the article as the worst policy. But number two is the prohibition of deductions on certain short-term rental owners. So if you happen to be an evil owner and operator of an Airbnb that operates in a jurisdiction that prohibits that, you’re denied all your expense deductions. A complete prohibition of deductions. So let’s pretend Trevor is a cocaine dealer. He’s out selling snow, but I’m just a lowly Airbnb operator. So Trevor makes 10 grand selling snow. But he’s got a bunch of people running around for him. He’s got burner cell phones. He’s got cost of his inventory, etc. So he makes net 2000 bucks, and he comes to me and says, Hey, Kim, I know I’m doing something illegal here. I’m selling drugs, but I don’t want to be a criminal twice. I want to make sure I file my tax returns because I don’t want to be a tax evader. So can you file my tax returns for me? So we go ahead and I file the tax returns. Do you think I’m claiming his deductions? His $8,000 of deductions? Sure, yeah. And there’s nothing in the Income Tax Act that prohibits that. But now I file the tax returns from my evil Airbnb operation that I’m operating illegally in a jurisdiction because I need to pay some bills, and I have the same $8,000 of expenses. Nope, I can’t deduct those, so I’m paying tax on $10,000. Now from a public-policy perspective, what does that say to the average Canadian? It tells me that the drug dealer in this fictional world, Trevor, is better off and should be treated better from a tax perspective, than me, the lowly Airbnb. That’s ridiculous policy. It’s dangerous policy, and it’s something that needs to go immediately.

Trevor Perry

For me as a lawyer and as a political junkie, I think our 1982 constitutional exercise needs to be reopened. Until we enshrine property rights in the Constitution, I believe, as a fundamental conservative that we do have property rights. Tax policy is horrible. But in terms of tax practice, having done lots of work for professional athletes, CRA running at baseball players and …

Darren Coleman

… The John Tavares situation.

Trevor Perry

If Tavares loses that you’re going to start seeing Canadian teams fold up and move again. It’s just absolutely stupid. And again, it goes to the whole issue of, why are we taxing people into oblivion at $245,000?

Darren Coleman

Darren Coleman

We did a podcast episode with Kevin Nightingale and Shlomi Levy talking about that. They don’t represent Mr. Tavares, so it was safe for them to comment. Listeners can go back and hear that podcast. We’ve also had some Toronto Blue Jays baseball players who had similar predicaments. They look like they’ve been resolved positively for the players. But those are not exactly the same situation as Mr. Tavares, so we’ll have to see what unfolds here. And as a big sports fan yourself, I know that one’s pretty close to your heart.

Darren Coleman

So now that we got into hockey, let me lure back our American listeners for a minute.  Let’s pivot into what’s happening with our American cousins. They are going to go into a very interesting 2025. They have a new president. So the difference, I think, is going to be very significant between how the U.S. is going to adopt tax policy, and it’s a little concerning, I think, for many people that Canada doesn’t, apparently seem to have a functioning government at the moment. So what do you guys think Mr. Trump might do in his first year in terms of tax policy? What should investors be getting ready for?

Trevor Perry

I think you’re going to see them make the tax changes he brought in in his first term permanent. I think you’re going to get that lower corporate tax rate, which is going to cause great tumult in this country and in other countries, but particularly Canada. I think there’s going to be pressure here to have some kind of sensible corporate tax rate, the estate tax change. There won’t be any changes to estate taxation in the US for the foreseeable future. So there will be again, more reasons for, as Ross Perot called it, that great sucking sound of Canadian capital, both real and human, to leave the country.

Darren Coleman

But are they actually doing it? So gentlemen, have you actually seen evidence in your own practices of Canadians saying, I’m done, I’m out of here, and they’re actually making the steps they’re making, the move to leave, to lower tax jurisdiction. How many people are really doing it?

Kim Moody

Yeah, 1,000% and I’ve written about this a lot. I’ve spoken about it publicly. I’ve spoken at conferences about this. At one particular conference I spoke about this and there was an academic who was pro capital gains changes. So I showed the statistics but his rebuttal was, I don’t believe you. Here’s the statistics coming out of my office in Calgary. And we’re not a big office, but we’re about 85 people. We act for high net worth, ultra high net worth, private companies and individuals. In the first 23 years of my career — I’ve been practicing for roughly 31 years now — in the first roughly 23 years of my career, I did maybe a dozen departure tax files. It was really easy to leave Canada without incurring departure tax. That all changed. I want to say late 90s, am I right? Trevor, something like that, and and they made it a lot more difficult. And so in the last nine years, this increased with a new high personal tax rate. And then fast forward to the attack on small businesses in 2017 that caused a whole bunch of angst. COVID caused a whole bunch of out-of-control spending. And then the capital gains stuff was just kind of over the top. So all to say, in the last, especially five years, the number of files that I’ve worked on in the, you know, departure tax. You want to take a guess, Darren? Continue Reading…

Podcast & Transcript: Tax lawyer Anna Malazhavaya on CRA’s expanded powers and moving to the U.S.

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Anna Malazhavaya/AdvotaxLaw.ca

The following is an edited transcript of an interview conducted by financial advisor Darren Coleman of the Two Way Traffic podcast with tax lawyer Anna Malazhavaya of Advotax Law.

It appeared on September 6th under the title ‘What you need to know about recent tax changes in Canada.’ Advotax is a team of lawyers and tax professionals that serves individuals, businesses and real property owners with tax planning and tax-dispute resolutions involving the Canada Revenue Agency. The discussion explored everything from the capital gains inclusion rate to expanded powers of the CRA to clients asking about moving to the US.

“It’s emotional but for some the increase in the capital gains inclusion rate was the last straw as they choose to leave Canada,” said Anna who added that over four million Canadians hold more than one property which means the government’s claim that this affects only 0.13% of the population isn’t true. “People are calling me every week. The wealthiest, the most talented entrepreneurs, are leaving Canada. It’s very sad to see.”

Anna and Darren talked about this phenomenon and how the June 25th deadline made it more expensive to leave the country with what can be a hefty departure tax. They also got into RRSPs, RIFs, and bare trusts which involve putting your property in someone else’s name. Anna said while the bare trust may have been designed to catch those who are less than scrupulous, it also captures honest people and gave examples.

Here’s a link to the podcast.

https://twowaytraffic.transistor.fm/episodes/what-you-need-to-know-about-recent-canadian-tax-changes

Darren Coleman

I want your perspective and what your clients are thinking about the capital gains change we saw recently, and the deadline for people making changes. Now we’re in the new environment where the inclusion rate, or the amount of money you have to pay tax on, has gone up. And the government told us this was only going to affect 0.13% of taxpayers. Do you think their math was right?

Anna Malazhavaya

I have doubts. I’m not an economist and don’t have access to all the government stats, but I can share some stats. Capital gain may apply on the sale of your property that is not your principal residence. This includes your cottage, and your investment in rental properties.

4 million Canadians hold more than one property

Darren Coleman

More than four million Canadians hold more than one property. So four million Canadians, potentially, may be subject to that new increase capital gain rate. So that’s not 0.13%. That’s more.

Anna Malazhavaya

It’s way more. Of course, if I argued for the other side, I would say, Well, you don’t know how much money these people made on the property, and the first $250,000 of capital gain is still subject to the old rate, and that’s true. But at the same time, something tells me if these people held the property for more than 10 years that gain will be substantial. Look at how the real estate market performed in the last 20 years.

Darren Coleman

A lot of these people will be subject to the new rules. And not only that, think about people who only have one property, and let’s say, live on a farm property, and they have their house. When they sell their property, not the entire sale price will be sheltered by the principal residence exemption, but only the portion that’s required for the maintenance of their farm property. Everything in excess will be subject to capital gain and can potentially be subject to these new higher rates. Do you know how the government arrived at their number? A reasonable solution would have been to look at past taxpayer data and say, if we look at the last five or 10 years, how many taxpayers had a capital gain over $250,000? Let’s average it out over a bunch of years. But that’s not what they did. They looked at one year, 2022, and said only 0.13% of taxpayers had a capital gain of over $250,000. But that was also a negative year for stock markets globally, and a bit of a negative year for real estate equity markets everywhere. Tell me a little more about how your clients are experiencing this change.

Anna Malazhavaya

Until 2022 I probably had five people consulting me about leaving Canada. Normally, it was the other way around. We had all those talented people who wanted to bring their money, settle their life in Canada, educate their children here, build their future, build businesses, hire people. Pay taxes at 54% mind you. But this year alone, I have over a dozen new clients who plan to leave Canada and for my practice it’s a big change. People calling me practically every week, saying, I’m done. You know what? This capital gain game change. It did not affect me today. It probably won’t affect me tomorrow, but it’s the straw that broke the camel’s back.

More Canadians want to leave the country

Darren Coleman

The people who used to hire people, who used to come up with brilliant solutions, making everyone’s life better, they’re leaving Canada. Very sad to see and you’re not alone in experiencing that. I had a conversation this morning with a cross-border tax accountant and he said he’s had a surge of people looking to leave Canada, and he blames it on the tax policies which are making it less attractive for them to be here. Is it easy to just pack up and go to places like Florida?

Anna Malazhavaya

Leaving Canada became a lot more expensive. If you want to leave Canada, you are treated by Canadian law as if you sold all of your assets, even though you’re not selling anything. You keep all your assets. But the government says, Okay, fine, you want to leave Canada, but we want all the tax on the gain that you accrued to date.  Some call it a departure tax, although this isn’t an official name, but it can hit you hard if you decide to leave Canada. So you have to declare all the gain you had from all your assets. Continue Reading…

2023 Federal Budget: Deficit swells; AMT rises for wealthy but no jump in Capital Gains tax for middle class

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The 2023 federal budget dropped on or about 4 pm Tuesday (March 28.) You can click here and here for budget documents and the latest from the Department of Finance. Below are links to some of the early media coverage, much of which is in Wednesday’s papers.

The theme of the budget is Making Life More Affordable, a somewhat comic choice given that government’s inflationary policies and high-spending, high-taxing behaviour is a big part of what makes life so expensive, especially for one-income couples. [See Steve Nease cartoon below on his take on the impact on the middle class.]

Here’s the Department of Finance’s backgrounder on it.

Pre-budget one of the biggest concerns expressed by investors was whether the capital gains tax or the inclusion rate might be hiked. That did not appear to transpire in the budget, at least for the middle class. See however Christopher Nardi’s article in the National Post highlighted below: he suggests those affected by the Alternative Minimum Tax (AMT) may indeed pay more in capital gains tax.

And here’s CIBC Wealth’s tax guru Jamie Golombek, writing on both topics in the Financial Post: Alternative minimum tax changes will make it harder for high-income earners to avoid paying taxes.

Also hoped for was measures to delay or reduce annual forced taxable withdrawals from Registered Retirement Income Funds (RRIFs). I saw no mention of this in early coverage listed below.

CBC’s summary

On TV, the CBC highlighted that the deficit will grow by $69 billion between 2022 and 2028, no longer projecting a balanced budget in this fiscal framework. On the CBC website it provided the following highlights:

  • $43B in net new spending over six years.
  • 3 main priorities: health care/dental, affordability and clean economy.
  • Doubling of GST rebate extended for lower income Canadians, up to $467 for a family.
  • $13B over five years to implement dental care plan for families earning less than $90K.
  • $20B over six years for tax credits to promote investment in green technologies.
  • $4B over five years for an Indigenous housing strategy.
  • $359 million over five years for programs addressing the opioid crisis.
  • $158 million over three years for a suicide prevention hotline, launching Nov. 30.
  • Creation of new agency to combat foreign interference.
  • Deficit for 2022-23 expected to be $43B, higher than projected in the fall.
  • Higher than expected deficits projected for next 5 years.
  • Federal debt hits $1.18 trillion. Debt-to-GDP ratio will rise slightly over next 2 years.
Cartoon by Steve Nease

CTV’s summary

Here are the highlights in CTV’s view:

Budget 2023 prioritizes pocketbook help and clean economy, deficit projected at $40.1B.

  •  $2.5 billion for a GST tax credit billed as a ‘grocery rebate’
  •  $46.2 billion for federal-provincial-territorial health deals
  •  $13 billion for expanding the federal dental plan
  •  2 per cent cap on incoming excise duty increase on alcohol
  •  Advancing passenger protections but upping a traveller charge
  •  $4.5 billion for 30 per cent tax credit on clean tech manufacturing
  •  $15.4 billion in savings from public service spending cutbacks

Much of the budget was previously announced or telegraphed

The National Post weighed in with this: Chrystia Freeland abandons budget balance plan, adding $50 billion in debt. It noted “much of what is in the budget has been previously announced — or at the very least telegraphed. Ottawa will spend an extra $22 billion on health care over the next five years, as per provincial deals announced last month. It’s also adding about $7 billion for expanded dental care. Low-income Canadians will receive an extra GST credit, at a cost of $2.5 billion.

A Joe Biden Budget

Also at the Post, William Watson said Freeland delivers a Joe Biden budget.  

“From blue-collar bluster to giant green subsidies, Made-in-Canada packaging and make-the-rich-pay rhetoric, Canada’s federal budget borrows from the U.S.”

Green tax credits, more dental care as expected pre-budget

Also expected, according to this FP story published before the budget was released, was “significant” tax credits for the green economy, more measures on dental care and other ways to make life more “affordable,” including amendments to the Criminal Code to reduce predatory lending. It was expected the criminal interest rate be lowered to 35%, as it is in Quebec. The predatory lending measure is indeed included, as you can see in the link to the backgrounder above.

Also leaked earlier in the day was a report in the Globe & Mail that there will be a clean-tech manufacturing tax credit to encourage domestic mining of critical minerals.

Alternative Minimum Tax (AMT) rises

Here is an early overview from the Globe & Mail after 4 pm: Federal budget 2023: Trudeau government bets on green economy, expands dental care.  The G&M reported Ottawa plans to raise “nearly $3-billion through changes to the Alternative Minimum Tax, which is a second way of calculating tax obligations to ensure a high wealth individual can’t make excessive use of tax deductions … 99 per cent of the AMT would be paid by those who earn more than $300,000 a year and about 80 per cent would be paid by those who earn more than $1-million.”

Christopher Nardi in the National Post wrote the following summary, with the subheading “Bye bye federal budget surplus, hello light recession.”

Note this sentence from Nardi:

‘With this first overhaul since 1986, the AMT will now apply largely to Canadians in the top income tax bracket (over $173,000) and will see their capital gains inclusion rate jump to 100 per cent and a host of eligible tax deductions, like moving or employment expenses, dropped to 50 per cent.”

Continue Reading…

Tax Strategies to Boost your Financial Savings

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Lowrie Financial/Unsplash

By Steve Lowrie, CFA

Special to the Financial Independence Hub

Today’s Simple Investing Take-Away: Your tax planning strategy should take a holistic, tax-efficient investing stance in both tax-sheltered and taxable investment vehicles to optimize saving for the future.

Does it bug you to pay more taxes than you need to? I don’t think I’ve ever met anyone eager to shell out extra money, just in case the government could use more. But practically speaking, that’s exactly what you end up doing if you don’t build tax-efficient investing and other tailored tax strategies into your ongoing financial planning.

Are you:

  • A young professional, aggressively saving for a distant future?
  • A seasoned business owner, managing substantial financial savings
  • Starting to spend down your assets in retirement?
  • Planning for how to pass your wealth on to your heirs?

Regardless, there are many best practices for maximizing your after-tax returns—i.e., the ones you get to keep. Today, let’s cover what some of those sensible tax strategies look like.

Fill up your Tax-Sheltered Accounts

The government offers a number of “registered” investment accounts to provide various types of tax-efficient investing incentives. They want you to save for retirement and other life goals, so why not take them up on the offer? Two of the big ones are the Registered Retirement Savings Plan (RRSP) and Tax-Free Savings Account (TFSA).

Saving for Retirement with Your RRSP

As the name suggests, your RRSP is meant to provide tax-efficient investing for retirement. In the years you contribute to your RRSP, you receive a deduction on your tax return in equal measure. Then the proceeds grow tax-free. Once you withdraw RRSP assets in retirement, you pay income tax on them.

In theory, your tax rate is often lower once you retire, so you should ultimately pay fewer taxes on taxable income. Even if there are some retirement years when your tax rates are higher, you’ve still benefited from years of tax-free capital growth in an RRSP. And you still have more flexibility to plan your RRSP withdrawals to synchronize with the rest of your tax planning.

Bonus tips: If you’re a couple, you may also consider using a spousal RRSP to minimize your household’s overall tax burden. This works especially well if one of you generates a lot more income than the other. There also are specialized guidelines to be aware of if you’re a business owner considering how to most tax-efficiently draw a salary and participate in the Canada Pension Plan (CPP).

Saving for the Future with Your TFSA

TFSAs are meant to be used for tax-efficient investing toward any mid- to long-term financial goals. So, at any age, most taxpayers are well-advised to fill up their TFSA space to the extent permitted. You fund your TFSA with after-tax dollars, which means there’s no immediate “reward” or deduction on your tax return in the year you make a contribution. But after that, the assets grow tax-free while they’re in your TFSA, and you pay no additional taxes when you withdraw them, which you can do at any time.

Bonus tip: Too often, people leave their TFSA accounts sitting in cash, using it like an ATM machine. Unfortunately, this defeats the purpose, since you lose out on the tax-free gains you could expect to earn by investing that cash in the market. How much is tax-efficient investing worth? In “Cash is not king: A better investment strategy for your TFSA,” I offer some specific illustrations.

Manage your personal Tax Planning like a Boss

Once you’ve filled your tax-sheltered accounts, you can invest any additional assets in your taxable accounts.

Like hard-working “employees,” these assets can thrive or dive depending on their management. Think of it this way: As a business owner, you wouldn’t hire a promising team of talented individuals, only to assign them random roles and responsibilities. Likewise, your various investments and investment accounts have unique qualities worth tending to within your overall tax-efficient investing. Let’s cover a few of them here.

Capital Gains Reign

In your taxable accounts, your best source of tax-efficient investing income comes in the form of capital gains or even better, deferred/unrealized capital gains. This is super important, but often forgotten in the pursuit of sexier trading tactics, like chasing hot stocks or big dividends. (It’s popular to think of dividends as a great source of dependable income in retirement, but in “Building your financial stop list: Stop chasing dividends,” I explained why that’s mostly a myth.)

Don’t believe me? Consider these 2021 combined tax rates for Ontario on various sources of investment income:

Taxable Income Source

2021 Combined Tax Rate

Interest and other income

53.53%

Eligible dividends (mostly Cdn. companies)

39.34%

Capital gains

26.76%

Source: CI Global Asset Management
This illustration assumes a top marginal tax rate in Ontario, or taxable income greater than $220,000. But the point remains the same at other rates: You can usually lower your taxes by favouring capital gains over other sources of taxable income.

Also remember, you don’t pay taxes on a capital gain until you actually “realize” it, by selling an investment for more than you paid for it. Combine this point with the rates just presented, and your ideal investment strategy seems obvious: Tax-efficient investing translates to a low-cost, low turn-over, buy-and-hold approach.

Since minimizing the impact of taxes is a huge way to improve on your overall rate of returns, this happens to be exactly what I advise for any of your investments, whether you’re holding them in a taxable or tax-sheltered account.

Bonus tip: Once you’ve embraced low-cost, low-trade investing, be sure to also use funds from fund managers who are doing the same. It defeats the purpose if you are being disciplined about your tax-efficient investing, but the underlying funds in which you’re invested are not.

Asset Location Is where it’s at

As your wealth accumulates, you’re likely to end up with a mixture of registered and taxable accounts. You can reduce your overall tax burden by managing these accounts as a single, tax-efficient portfolio, instead of treating each as an investment “island.” Asset location means locating each kind of investment, or asset, in the right type of account, given its tax efficiency:

  1. Hold your relatively tax-inefficient assets in tax-favoured accounts, where the inefficiencies don’t matter as much. Examples include bonds, which generate interest and other non-capital-gain income; and investments that have higher than average yields such as REITs.
  2. Hold your relatively tax-efficient assets in taxable accounts; examples include broad domestic or global stock funds that generate most of their returns as capital gains.

An Easy Rebalancing Strategy

As I covered in “Rebalancing in Down Markets, Scary But Important,” it’s essential to periodically rebalance your investment portfolio. It’s like tending to your garden by thinning out (selling) some of the overgrowth, and planting (buying) where you need more. This keeps your productive portfolio growing as hoped for, with a buy low, sell high strategy.

But as usual, there’s a catch: When you “sell high” in a taxable account, you’ll realize taxable gains. So, whenever possible, try using cash you’d be investing anyway to do your rebalancing for you. Instead of just plopping any new investable cash into haphazard holdings, invest it wherever your portfolio is underweight relative to your goals. In so doing, you can improve on your tax-efficient investing. (PS: Here’s another post I’ve published, with additional ideas on “What to Do with Excess Cash.”)

Tax-Loss Harvesting

Again, one of the best ways for your assets to grow tax-efficiently is within your registered, tax-sheltered accounts. That said, tax-loss harvesting is one tax-efficient investing strategy you can only do in a taxable account. Without diving too deep, when one or more of your holdings is worth less than you paid for it — but over the long run you expect the position to grow — you can use tax-loss harvesting to:

  1. Sell the depreciated position to generate a capital loss, which you can then use to offset current or future taxable gains.
  2. Promptly buy a similar (but not identical!) position so you remain invested in the market as planned.
  3. Eventually (optionally), reinvest in the original position to restore your portfolio to its original mix.

Again, all this only works within a taxable account. Also, the CRA has strict rules on what qualifies as a true capital loss, and may disallow it if you violate those rules. This makes it one smart strategy best completed in alliance with your personal financial advisor.

Advanced Tax Strategies for Families and Business Owners

We’ve barely scratched the surface on the myriad tax-planning strategies you can deploy in your quest to pay no more than their fair share of income taxes. Depending on your particular circumstances, you can take advantage of some of these tax strategies: Continue Reading…

Tax rates likely to rise: what to do about it

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By Eva Khabas

Special to the Financial Independence Hub 

The Covid pandemic has led to unprecedented government spending with a deficit that has reached record heights.

Sooner or later someone has to pay for this and that usually means the taxpayer. Don’t look now but when you start your tax planning it’s probably best to assume that tax rates are going up in Canada.

However, even before Covid the federal government was talking about increasing the capital gains tax.

Capital gains inclusion rate could go back up to 75%

Currently, only 50% of capital gains are, in fact, taxable but this was not always the case. In fact, from 1990 to 1999 75% of capital gains were subject to tax! It’s logical to assume that tax revenues will be increased through a higher capital gains portion that is taxable, since capital gains are perceived as ‘passive’ income from investments. In theory, this means taxes should be generated by wealthier taxpayers.

Loss of Principal Residence exemption?

Also, the big fear of every Canadian is that government will remove the principal-residency exemption. Currently, taxpayers can sell their primary residence at a gain and not pay any taxes.  Many taxpayers rely on the appreciation in value of their homes as their main source of retirement income. The impact of making gains on principal residency taxable would be devastating to many, if not most, Canadians.

Before discussing what to do about all this, let’s make sure we understand what capital gains are, how they are different from your other income, and when these gains become taxable.

So, what exactly is capital gain? In a nutshell it’s the growth in the value of an asset being held for investment purposes, so that asset is not for resale. A long-term holding period would indicate that the gain is capital. Currently, only half of the capital gain is taxable, while most other income is fully taxed.

In most cases the capital gain is subject to tax when the asset is sold, but there are also times when you may have to report capital gains without an actual sale occurring. For example, at the time of death there is the deemed or assumed sale of all assets, with any capital gains included in the tax return of the deceased. This would, of course, affect beneficiaries.

It’s important to note that increases in personal tax rates will also result in you paying more tax on capital gains. This is because the tax rate on capital gains is applied at the same tax rates in Canada as on employment and other income. In addition, reporting a higher overall total income would also result in more tax because a higher income puts you in the top tax bracket.

Defence # 1: Timing

So, now we see that many tax-reducing strategies primarily revolve around two things – 1) timing, and 2) reducing your taxable income. First, let’s look at timing.

If you have higher overall income from various sources in 2021, and expect lower taxable income for 2022, consider disposing of the asset(s) in 2022 wherever possible so the gain attracts a lower marginal tax rate for you.

You can also use time to advantage by deferring the cash outflow – the tax you pay to the government – and disposing the assets early in the year. Your tax bill is due April 30th of the following year, so if you sell the capital asset in January of 2022 you still have 15 months until tax must be paid on that.

Staggering gains over multiple years

Now, let’s assume you have a large capital gain. How can you stagger that gain over several years? One strategy is to defer cash receipts from the sale over multiple years. The Canadian Income Tax Act allows you to spread that gain over five years (and in some cases over ten years), provided you receive proceeds from the sale over a number of years. For example, if you receive 20% of the proceeds in 2021, you only need to include 20% of the gain in your taxable income as it can be spread over five years.

RRSPs and TFSAs

All these strategies are of a short-term nature. If the assets are disposed of in the long term, consider holding them inside your RRSP. You don’t have to declare those assets as income until you make a withdrawal. Likewise, you can use your TFSA so some of the gains are not subject to tax at all. Either way, your tax advisor can help determine if assets can be transferred to your RRSP or TFSA. Continue Reading…