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ESTATE PLANNING
GIFT FROM AN ESTATE
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In a June 11, 2004 Technical Interpretation, CRA reviewed a
situation where, prior to the death of Brother A, Brother B took care of his
personal needs and managed his finances. Brothers C, D and E agreed that
the Estate should pay Brother B for the care provided to Brother A.
This is a non-taxable gift to Brother B from the Estate.
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ELDERLY TAXPAYERS
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Some considerations for elderly taxpayers follow.
Contact your professional advisors for details.
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- Sign a Power of Attorney for management of property and personal care matters.
- Avoid probate fees by naming beneficiaries to life insurance policies and pension plans,
joint ownership and by multiple wills.
Also, assets could be rolled over to an Alter Ego Trust or a Joint-Spousal
or Common-Law Partner Trust.
- A Will may be used to defer gains by transferring assets to a
spouse or a Spousal Trust, to deem a charitable donation to have
been made in the year of death, to establish a Testamentary Trust eligible for a separate yearend and graduated tax rates,
to provide for a windup of a holding company, and to gift
publicly traded securities to a charity to take advantage
of the 25% taxable capital gain.
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©2009,
Doug Nicholson* & Co.,CGA *Professional Corporation
100-1780 Wellington Ave, Winnipeg, Manitoba R3H 1B3. |
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