Kickstart Your Corporation. Andrew Feindel. Читать онлайн. Newlib. NEWLIB.NET

Автор: Andrew Feindel
Издательство: John Wiley & Sons Limited
Серия:
Жанр произведения: Ценные бумаги, инвестиции
Год издания: 0
isbn: 9781119709121
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      Usually with professionals, tax deductions are worth more than tax credits. The exception would be if you happen to have a very low personal tax rate, with the result that you can take funds out of your corporation at a lower rate than the credit you are receiving from your donation credit. (Keep in mind, however, that we have to eventually make up every dollar we spend personally by pulling more money from the corporation.)

      When the time comes for his donation, I take the best-performing asset from the previous year and roll that over to the church. In the last transaction we did, it was an investment with a book value of $20,000 and a market value of $60,000. The church receives the same $60,000 they were to receive anyway, and they can sell the asset right away or hold on to it. The client, in turn, receives a $60,000 tax deduction, but this also saves him upwards of $10,000 in corporate taxes. Plus, the client can now withdraw $40,000 from his corporation tax-free through the capital dividend account (CDA). Since 0% of the gain is taxable, 100% of the gain is added to the CDA (see sections 83(2) and 38(a.1)(i) of the Income Tax Act).

      Think about all the times you have donated, or will donate in the future, to see how much money is left on the table if you are not employing this specific strategy. You could even use those tax savings to donate to your second-favorite charity!

      The lifetime capital gains exemption (LCGE) is an exemption, valued at $883,384 for 2020 and indexed to inflation every year, that can be used when corporate shares are sold.

      For example, if you sell your corporation for $883,384 as a share sale, not an asset sale, then you would have no taxable capital gain and pay no taxes.

      (On a side note, a common misbelief is that this exemption is in some way related to the capital gains from the growth on your investments. While these are both forms of capital gain, their tax treatment is very different!)

      Keep in mind the CGE only applies to the selling of shares, and not the selling of assets. This can sometimes lead to a mismatch between the seller and a prospective buyer, as sometimes the buyer would prefer to buy the assets, but—given the CGE—the seller would often be better off selling the shares. For example, you can see this mismatch when a seller is purchasing equipment that has already been depreciated on the balance sheet by the previous owner. As a buyer, you may then be in a position in which you are buying equipment for a higher value than you can depreciate, given the seller has already received the tax benefits from the years of depreciation. Depending on your side of this transaction, you may want to leverage this mismatch to influence the selling price.

      Most physicians will not be able to benefit from this exemption, as it requires you to find a buyer for your medical practice. (A practice sale is much more common with dentists.) However, in recent years we have seen a rise in the sale of medical practices, given the value of patient rostering or family health organization (FHO) practices (using the FHO compensation model).

      For corporations that will not pass this test, there is a “purification” method to allow the shares to qualify. In order to purify your shares and thus qualify for the CGE, you will need to set up a holding company to transfer assets to. It's very important to do this correctly. For instance, if you transfer funds as intercorporate debt, as opposed to an intercorporate dividend, your shares may be ineligible for the exemption. It should be also noted that while most assets can be transferred in kind, some assets—such as permanent insurance—may give rise to a taxable benefit if the cash surrender value (CSV) of the policy exceeds its adjusted cost base (ACB), though the ACB is usually negligible or nil in the earlier years of the policy. This is why it's best to plan this sale carefully, to avoid paying unnecessary tax.

      Before we leave this topic, note that the lifetime CGE has evolved since its creation in 1986. It started with a $500,000 lifetime exemption on any type of capital gain, such as a cottage sale. In this early form, many Canadians could reap the rewards of the CGE. Then, in 1994, the CGE was reduced to $100,000 and subsequently restricted to the sale of qualified small business property, including farm and fishing property. As a result, many Canadians “crystallized” (or claimed) $100,000 of exempt capital gains.

      This history is important as it demonstrates that tax policies can and do change. While many incorporated professionals will plan to use their CGE in retirement, in many scenarios it may make sense to use the lifetime CGE now, anticipating a potential rule change in the future. To use the exemption before retirement, you would trigger capital gains, resulting in an increase to the cost base of the shares. Then, when the shares are sold in the future the amount of tax paid would be dramatically reduced, due to the adjusted (increased) cost base.

      In a word, no!

      As an aside, there was a Tax Court of Canada case involving Gillis Truckways Inc. (Gillis v. The Queen—2005 TCC 782) in which a golf membership was paid for by a corporation. In that case, the CRA reassessed a taxable benefit of 100% of the cost of the membership to Mr. Gillis, who brought the case to court; the judge directed the CRA to lower the taxable benefit down to 40% of the membership cost. Maybe with a golf lobby group the current tax rules could change!

      Assuming you do not sell your practice shares, when you retire your professional corporation needs to remove the “professional” title, leaving you with a numbered holding company. This is usually done with the help of a