Sometimes A Little Planning Can Make
Your Dreams For The Future Come True...
Here's The Problem:
When you die,
your assets can be transferred tax-free to your spouse. However, when your
spouse dies after you, and the assets are passed on to your children or other
heirs, this transfer may result in a significant tax bill. And this tax must be
paid before your heirs get anything.
An asset such as
your principal residence is exempt from this type of taxation. Generally, your
cottage won't be exempt and it will be considered a capital asset.
Consequently, it may trigger a capital gains tax liability at death.
With the recent
real estate boom in Canada, cottages and other vacation properties have
increased significantly in value. These properties are now worth substantially
more than their purchase price. At death, 50% of this increased value is
subject to taxation.
Are you aware of
the impact this capital gains tax liability could have on your estate? A lack
of proper planning could mean that your family cottage won't stay in your
family. Your estate might need to sell it to pay the tax.
It's
a tax time bomb that most people are unaware of and don't plan for.
What Are Your Options?
There are a
number of strategies you can implement to limit your tax liability or to
provide the cash to pay the tax liability after your death. It's important to make
the best choice for your situation.
Your options include the following:
- You and/or
your family can start saving today
- Your heirs can
borrow the required funds from a bank
- Your estate
can sell the asset
- You can
purchase life insurance to cover the growing tax liability
- You can sell
the cottage to your children today and
transfer the future tax liability to the next generation
Selling Today?
Let's explore that last option in more
detail.
If you sell the
cottage to your children today instead of transferring it at death, your tax
liability is capped and any future growth in the value of the cottage will be
taxable when the asset passes to the generation that follows your children - in
other words, to your grandchildren. The cottage will belong to the people you
select (i.e., your children). Furthermore, because the transfer of the cottage
occurs outside your estate, the property is protected from any potential claims
against your estate by creditors or other
interested
parties. You also eliminate probate fees, which may be charged on the value of
the cottage upon your death, enhancing the size of your legacy.
Selling your
cottage today may trigger a taxable capital gain for you in the current tax
year. However, if you sell the cottage and take a mortgage back from your
children, you can spread that capital gain over five years. If you decide to
sell the cottage to your
children, you
can make the mortgage interest-free and forgive the mortgage balance in your
will so they receive the cottage with no debt or taxes payable.
While you may be
tempted to sell the cottage for a nominal price to reduce your capital gain, be
warned that the Canada Revenue Agency (CRA) will charge the capital gains tax
based on the property's fair market value, regardless of the price you and your
children
agree upon. In
addition, when your children eventually sell or pass on the cottage, the
government will calculate the capital gain based on the low (or non-existent)
price your children paid to you, resulting in double taxation.
Selling your
cottage today can also provide you with a much-needed source of income.
Maintaining a cottage can be an expensive drain on your retirement assets, and
you may not be in a position to afford to set aside money or purchase life
insurance to cover
the expected tax
liability at death. When you sell your cottage, not only do the related
expenses disappear but the sale proceeds can be used to fund your retirement,
allowing you to take that dream vacation, pursue your interests and hobbies, or
retire earlier.
If you invest
the annual payments you receive from your children, you can accumulate
significant assets that you may use to enhance your retirement and/or pass on
to your heirs. Insurance investments provide the benefits of death and maturity
guarantees and the ability to name a beneficiary and avoid probate. Such a
strategy could also increase the size of your legacy.
So, paying a little tax now could save a lot of taxes in the future
- and might very well be the deciding factor that enables your cottage to stay
in the family.
Here's an example that shows the
challenge many cottage owners face:
Original
Cost |
FMV
Today |
Capital
Gain Today |
Tax
Payable Today |
Future
Value in 20 Years (on Death) |
Capital
Gain in 20 Years (on Death) |
Tax
Payable in 20 Years (on Death) |
$100,000 |
$500,000 |
$400,000 |
$90,000 |
$1,603,568 |
$1,503,568 |
$338,303 |
*This table
assumes that 50% of the capital gain is taxable at a personal rate of 45%, and
that the value of the cottage increases at a rate of 6% per year.
As the table
illustrates, by selling the cottage today you trigger tax payable of $90,000.
This amount can be reduced to $18,000 per year if spread out over five years,
and can be
funded by the
mortgage payments you receive from your children. This compares favourably to
transferring the cottage upon your death, 20 years from now, and triggering
a tax bill of
$338,303. The latter approach could result in the cottage having to be sold if
there were insufficient assets in your estate to cover such a large amount.
Pay The Tax Later!
Let's explore
the option of using Life insurance to cover the tax liability.
Life insurance
is often the most cost-effective planning tool used to cover the tax liability
on a cottage at death. Life insurance provides cash to pay the tax exactly when
it's needed - when you pass away. It helps to ensure that your heirs receive
what you want and puts your mind at ease because you know you have taken care
of this important issue. A little planning can make your dream of handing over
the family cottage to your heirs come true.
In addition to
giving your estate the liquidity to pay for the tax, life insurance is a
flexible option that allows you to design a solution that meets your specific
needs. You can choose a death benefit that increases over time to match the
growing tax liability. You can even customize the amount and number of deposits
made to suit your situation. In the example of the couple who wish to leave the
cottage after the second death.a plan can be designed whereby the coverage is
on both life's jointly and payable on the second or last to die. This
substantially reduces the cost of the coverage and makes the funds available exactly
when they are needed to pay the tax.
Here's an example that shows the how
Life insurance may be used to pay the tax:
Original
Face Amount |
Level
Premium (Life pay option) |
Cash
Value of Life pay option in 20 years |
Level
Premium
(20
pay option) |
Cash
Value of 20 pay option in 20 years |
Cash
Value of 20 pay option in 30 years |
Cash
Value of 20 pay option in 40 years |
$340,000 |
$2,175 yr |
$0
never has cash value |
$3,330 yr |
$76,840 |
$126,820 |
$195,500 |
*This table
assumes that insured couple are 60 years old and non smokers when they start
the life insurance policy.
From the table
above you may conclude as we have that the payment of $3300 per year for 20
years for a total of $66,600 provides an economical alternative to paying the
tax now. You get to take advantage of the time between now and the future when
this tax liability will be due to use Life insurance to cover the eventual tax
cost.
You will also
enjoy the flexibility of being able to use the Life insurance for other estate
planning reasons should you decide to sell the cottage outside of the family
along the way.
Other insurance
solutions may be desirable, including a plan that's indexed with the expected
appreciation of the cottage. Contact Barrons today, they will work with you to
develop a solution that helps you "Protect What Matters Most".
This example is for illustration purposes only, while every attempt has been made to ensure the accuracy of this information Barrons or its affiliated companies cannot be held liable for errors or omissions. Actual numbers at time of illustration may vary.
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