Kustom Design to Host Free Information Session This Month on 2011 Financial Boot Camp

News Release | January 11, 2011 | For Immediate Release

Kustom Design to Host Free Information Session This Month on 2011 Financial Boot Camp
Group recognizes how to save individuals on taxes and manage finances better

January 11, 2011 (Calgary, Alberta) - In our efforts to heighten awareness on the importance of taking control of finances, Kustom Design Educational is hosting a free information session to introduce members to our 2011 Level One Financial Boot Camp, which is designed to help individuals generate cash flow and excellent returns no matter what state the economy is in.

“We are very excited to host our free information session, and show people that it is possible for them to design the life they want to achieve,” said Kustom Design CEO Michael Lepitre. “People are accountable for the results they see financially, and Kustom Design’s information session focuses exclusively on the value of financial education and will show people how we can help them overcome any financial roadblock.”

Event: Kustom Design Free Info Session
Date: January 12th, 2011
Time: 7:00pm – 8:00pm
Location: Kustom Design Office on 221 18th St. SE in Calgary, Alberta

To sign up for Kustom Design’s free information session, and for more information on the 2011 Financial Boot Camp Level One visit http://www.kustomdesign.ca/.

About Kustom Design Educational
Kustom Design Educational, a member of the Kustom Design Group of Companies, is an organization designed to provide educational courses and resources on finance and taxes.

PDF News Release Download

###

Media Contact:
New Wave Media | Ashley Feist | (403) 457-0919 ext. 228 | info@new-wavemedia.com

Donating Stocks to avoid capital gains while getting a donation credit

Giving should always be part of your financial and tax plan.  When you give you receive, and although that should never be the motivation of giving, it is an important fact.  Many people have realized that donating to charities can save significant tax savings.  Donating can save taxpayers hundreds of thousands of dollars in taxes by giving strategically. 

Giving stocks is not new, however over the last few years the rules are different in that their used to be a capital gain triggered when you donated a stock.  Now when you donate qualified stocks to a registered Canadian charity there is no capital gain triggered, yet you still receive the full donation credit for the value of the stock.

This can be particularly beneficial in the case of Flow Through and Super Flow Through Shares that have been acquired, considering there was already tax benefits for acquiring the Flow Throughs in the first place!  Although it is typically better to donate personally, many would ask what to do if they have stocks owned by a corporation.  In that case you could still donate the stock and receive a tax deduction for your corporation (instead of a tax credit) and the corporation would not trigger a capital gain.  This would also free up room in your capital dividend account to issue yourself or other shareholders tax free dividends.

Tips on Audit Proofing your Business Part 5

I cannot stress how important notes are when it comes to your source documents and bookkeeping, this is why I’ve mentioned it a few times in this blog series.  Because audits always happen years after the fact of the transactions, you must be able to go back in history and know exactly what happened.  So if you are not on top of your paperwork regularly (daily-weekly-monthly) you should not expect things to go well if you are audited.  At the end of each day, look at your receipts and make notes on them.  Make notes in your bookkeeping, or for your accountant to do the bookkeeping.  The more notes the better.  For example if you are claiming meals and entertainment expenses then ensure you note who you took out for the meals and entertainment or your claim will most likely be denied in an audit.

For claiming home office expense, ensure to have proof of your office/business usage and the square footage that proves the percentage of expenses.  This is something that CRA looks at frequently in audits.  For example if you have a house that is 2000 square feet and you are using 200 square feet for business purpose, then you can deduct 10% of your home overhead costs.  These costs include rent or mortgage interest, insurance, property tax, utilities and other over head costs.  Ensure you can prove this in the case of an audit.

One more tip for you at this time, it is best not to pay for business expenses with cash as cash is not very traceable.  If you lose the receipt you don’t have any statement or anything else to back the claim. 

Typically in most audit situations the CRA auditor will reassess whatever they can and the onus is on you to substantiate your claim.  Many claims by CRA may not be correct, however it is up to you to appeal if you don’t agree.  If you are reassessed you have 90 days from the date of that reassessment to file a Notice of Objection (appeal).  If the appeal doesn’t go in your favor and they still disregard your claim, you can appeal further to the tax court within 90 days of their denial of your Notice of Objection.

As we now wrap up this blog series you can see that there is a lot to think about in the case of an audit.  Be detailed and be able to prove everything.  If you have questions or concerns in regards to any of my blogs, please don’t hesitate to contact me.

Tips on Audit Proofing your Business Part 4

We are now getting close to wrapping up this series and you can see the theme is “be able to prove every expenditure and deposit”  The fact of the matter is that if you can’t prove expenses or deposits, CRA can just deem what they want whether it is true or not!  So you must always keep good back up documentation for every transaction, not just statements but receipts as well!  Keep a good record of all deposits, using a deposit book as well!

In my last blog we began to talk about Employee vs. subcontractors.  Employees must go on payroll and T4’s must be issued for employees.  Subcontractors do not go on the payroll, however a T4A should be filed at the end of the year (due the following February) stating how much was paid to the subcontractor.  

Let’s look a little closer at payroll.  Getting in trouble with payroll can close your business down.  The penalties and interest on late payroll remitting can cripple a business as the rates are so high!  To ensure you stay out of payroll trouble you can simply not have any employees, just subcontractors, or if you do have employees then ensure you always have accurate payroll remittance numbers and make your remittance on time!  You can use the Software produced by CRA, go on their website, or use approved accounting software to calculate your payroll remittances.  Payroll remittances are made on the 15^th of the following month.  So for example September’s payroll remittance is made on the 15^th of October, unless you have other arrangements in writing with CRA.

Subcontractors will remit their own taxes as they have their own business just like you do.  As mentioned they should have a Corporation with a GST number and they should invoice you in exchange for payment.  The invoice is your source document for proof in case you get audited.  In my last blog we listed the main factors CRA looks at to ensure that you have hired a real subcontractor and they are not an employee under the guise of a subcontractor.  If you want to hire and you don’t want employees due to the extra headaches and costs, then speak to us.  Even if it doesn’t look like the subcontractor can meet the criteria, we can help you set things up to ensure they are legitimate contractors.  Go to www.jobworksinc.ca for more info.

Tips on Audit Proofing your Business Part 3

We’ve been discussing some great tips on helping audit proof your business.  In reality the majority of businesses in Canada get audited at some point, unless they are short term in nature. Even the short term businesses do sometimes get audited.  So the key is to not hope for an audit, but be prepared in the case you do get audited!

Being prepared for an audit means that you can prove all your transactions with back up documentation and that all flow of funds have good paper trail.  One of the things that CRA almost always looks at in an audit is to confirm deposits going into the Company are either reported as income or elsewhere.  If the deposits into the corporation do not match the income reported, you will have to prove where the other deposits came from.  If you cannot prove where these deposits came from CRA may just deem it as income to the company.  An example of this is shareholder loans.  If you loan funds to your company, keep a good paper trail for proof of the transaction(s).

Another major area that CRA audits is the Shareholder Loan Accounts of corporations.  This is the account that has both incoming and outgoing funds.  Every time you, as a shareholder or director, put funds into the Corporation this shows up in the shareholder loan account.  Every time you pull funds out of the corporation this typically shows up in the shareholder account, until the Corporation’s year end where it may be cleared to dividends, wages etc.  If you cannot document that the payments to you are payments of shareholder loan then CRA could deem it as personal income to you the shareholder.  This is especially the case if they find the shareholder balance to be negative, meaning that you owe the corporation.  You are typically not allowed to owe the corporation any funds for more than 6 months.  In the past many people have set up loans from their corps with interest which used to stand up, but today CRA will just deem it as income to the shareholder or director! 

Tips on Audit Proofing your Business Part 2

The next tip for business owners is to ensure the business pays for its own expenses and the owners pay for there own expenses. As soon as you cross that line it is up to CRA scrutiny as to what happened. Instead of paying for expenses for your company, simply write a cheque to the company and let the company pay its own expenses. Same thing on the other side, don’t let the company pay for the owner’s personal expenses.

The next tip is to always make notes on your transactions. This is imperative as audits always happen years after the fiscal year(s) being audited. For example you may get audited in 2012 for the year 2009 and if they find things in 2009 they may go back further and audit years prior to 2009. For many people it is hard to remember what happened a couple months ago, never mind years ago. Notes in your bookkeeping and on source documents always help. Better to make a note and not use it, instead of not having a note when you need it.

Another tip is to ensure that vehicles are owned and expensed by the correct entity. If you are a shareholder of the corporation and you own a vehicle that is used for the business then you should not just have the corporation pay for your vehicle expenses. If you own the vehicle personally then you should track your mileage used for business and have the company reimburse you based on that mileage.(Currently acceptable: 52cents per km for the first 5,000 km and 45 cents thereafter) The reimbursement is an expense for the company, but not income to you. If you do it any other way an audit could cause you reassessment for personal use of vehicle expenses or the denial of company vehicle expenses.

In the case where the corporation owns the vehicle, then it is best to own your own vehicle personally to separate the 2. Simply use the business vehicle for business and the personal vehicle for personal. Many business owners, however, only own 1 vehicle that is used both for the business and them personally. In this case a mileage log should be kept to determine business vs. personal usage. Another thing to remember about vehicle expense deductions is that whoever owns the vehicle, should pay for the expenses. If you own the vehicle, you will either want to get reimbursed for business mileage or you may want to sell the vehicle to the business so it can pay for the expenses. Either way, if you use the vehicle for both personal and business use, you should keep a mileage log to determine personal vs. business usage. Mileage logs do typically stand up in audits.

Tips on Audit Proofing your Business Part 1

I’ve been asked by people before if they could audit proof their business. That question is interesting as no business is audit proof in that there is always a great chance that CRA will audit your business. However, that being said, there are many things you can do to keep your business from being reassessed after an audit. The key here is that if CRA finds things wrong when you are first audited, then you may be audited again in future years. If they don’t find any issues the first time they audit the company, then they may never come back as they can see the company has proper backup documentation and paper trail and accurate reports.

Many business audits start with either a payroll or GST audit. Payroll audits may be simple trust examinations, where they just want to look at who the company is paying, and if all the remittances are being made to CRA. It could also be a full payroll audit that would look at much more, such as did any employees receive taxable benefits, did the owners receive benefits, are the shareholder loan accounts accurate and much more. GST audits on the other hand will look at all your income and expenses that incur GST and determine if you reported your GST accurately. Any of these audits can lead to a full audit if the auditor determines that one may be needed. In a full audit they may go through your entire business in great detail, not something any business would want!

As discussed in my prior blogs, you do not have to speak with CRA, you can request everything in writing and in the case of an audit you can authorize a representative, such as an accountant, to handle your audit. If you are ever going to send any documentation to CRA, do not send originals!!! Always send copies, because if they lose any of your documentation (hey have lost people’s documentation before!) then the onus is on you to still prove the numbers you reported on your tax returns. Now let’s get into some tips…

The first tip for audits is to never give CRA any of your printouts, handwritten papers, or any other personal documentation that may be mixed in with your business paperwork. Many people put notes and other things in their paperwork which can cause CRA to dig deeper to find more things to audit. Keep your notes and other documents to yourself. If you are audited, you should go through your documentation and pull out such documents.

More tips on my next blog! 

Tips when Dealing With CRA Part 6

In my previous blogs, I have discussed 9 tactics used by the CRA and how to deal with them.  There are a few more that you should know about. Read on . .

10. Notional Assessments – If you don’t file for  a period of time CRA may come up with an amount that you owe.  The amount that they come up with is typically much more than you would owe.  You must contest these amounts and get your filing up to date so CRA has accurate numbers and don’t go off of the ones they made up!

11. Corporate Director’s Liability – A shareholder of a corporation does not take the liability, but the director does.  By signing on as a director you are taking the responsibility of all CRA debts even if the corporation closes.  To avoid this, the director of the corporation can be someone who doesn’t own title to any assets that CRA can lien, nor have any income that CRA can garnish.

12. Loss of Documentation – Occasionally CRA loses documentation.  If you have given them originals it is too late at this point.  If you have to prove your case you now can’t because you don’t have original documents.  To solve this issue, never give CRA original documents instead give them copies when they request documentation from you.  Alternatively you could meet them somewhere with your documentation so they can review it on the spot, without taking it.  Even better, let them meet with your accountant!

CRA does have a lot of power and can access all kinds of information on you.  You must know your rights, which are found on the taxpayer bill of rights.  You must know how to deal with them.  You must also know that you can have an authorized representative that can deal with them on your behalf.  And again, do everything in writing with them!

Tips when Dealing With CRA Part 4

In my next 2 blogs I would like to discuss some of the tactics that CRA uses. Some of these tactics are in phone calls and conversations with CRA, some are even done in writing. For example when CRA is going to reassess a tax shelter, they will write in the letter to the taxpayer that they are going to audit the taxpayer’s participation. Of course people will read this as if they are going to get audited, when in reality the CRA has all the details of their tax shelter participation. Tax Shelters are monitored by CRA through the Tax Shelter Identification number. This allows the CRA to monitor every tax shelter and who is participating, how much and when! People who participate in tax shelters sometimes get scared when CRA uses their tactics, but others that don’t continue on saving tax year after year. The CRA can be tricky so you must watch out for the potential tactics they try and use.

Here is a short list of some of the tactics to look for and what do to do about them:

1. Ignorance – If you don’t know the rules, too bad! This seems to be how all of our regulators work in today’s day and age, so before you start a business, acquire an asset or do anything that has a potential larger tax consequence, seek professional advice. (Kustom Design is here to assist you, so please do come consult with us)
2. Fear – They will say things to you and provide written correspondence in ways that will keep you in fear of trying to do anything that saves tax! It seems that much of our system is now keeping people living in fear. Don’t live in fear, know your rights and always stand up for yourself! Surround yourself with others that are living in freedom of fear! We are here to help you stand up for your rights!
3. Intimidation – The CRA will try and intimidate you with their position of authority. Don’t let them! They are just people like you and I. If you know your rights and know that you haven’t done anything wrong, then don’t let them intimidate you.
4. Threats – CRA collection agents may threaten you with what they will do to you if you don’t pay. If you are in this position then you must communicate with them. Typically if you communicate with them in this position you can negotiate a deal with them that will hold back any potential of threats becoming reality.
5. Delay – CRA does their work after the fact. So if you incurred income in 2007, CRA may not contact you about this year until 2009. Then they can drag it out for months and even years as they do not always have the manpower to chew everything they’ve bitten. If they are delaying things, this may or may not be good for you. In precedent setting cases where CRA has really delayed and won in court, the taxpayer typically doesn’t pay more than a 1-3 years of interest because CRA took so long in dealing with the issue. If you determine that the delay is not good for you, like if you are waiting for a refund, then contact them regularly until it gets taken care of. Contacting them regularly puts the pressure on!

Watch for my next blog as we will go through some more of the tactics that CRA uses and how to deal with them.

Tips when Dealing With CRA Part 3

In reading my prior blogs you should now understand that CRA is a collection agency for the government and that if you don’t agree with their decisions they make when “administering tax” then you can appeal their decision to the authorities (courts). The CRA never does have the final decision, unless you let them! You should also now be clear that you can’t believe everything they state on their website because of the disclaimer, and you can’t take what you get from them on the phone as fact. If you need a ruling on something that does not have a precedent set, then get it in writing. Because tax law is so complicated, you should almost always seek professional help. Kustom Design is always up to date on the current tax laws and we are here to work with you on structuring your assets and transactions. The bottom line is that you do not have to be scared of dealing with CRA, you just need to know how to deal with them.

If CRA calls you by telephone you are not obligated to speak with them. You can have them deal with your authorized representative, or just tell them to put their request in writing. As a matter of fact it is typically better that you don’t speak to them as they are under a protocol to assess any tax amount owing and charge penalty and interest…and then of course collect it. Some CRA agents may try and trap you in what they say, so again it is better not to speak with them, unless you have no other option. If you do speak with them it would typically only be in regards to something specific, like a payment plan. If you do have to speak with CRA, ensure you get their full name and badge number. If you are having difficulty dealing with the agent assigned to you, you can ask to speak with their supervisor. The majority of CRA agents are bonded and they can bring trouble upon themselves if they trample on your rights found in the taxpayer bill of rights. Unfortunately, as mentioned prior, many CRA agents do not even know the taxpayer bill of rights and neither do the people, so CRA sometimes gets away with trampling on people’s rights!

Right now Canada is in a major deficit position, which means they are spending more than they are taking in. Because of this issue we have seen the CRA become more aggressive with people while raising some penalties through the roof, creating new penalties, freezing bank accounts, putting liens on assets and more. All we see on the news is how the Government is handling the financial situation quite well compared to the rest of the world, but what we don’t see in the media is how they are doing it. The Bank of Canada is printing more currency and the government is forced to collect more and new taxes! Do we think it’s going to get any better as our government is projecting more deficits for the coming years? We must know our rights and how to deal with CRA so we can protect ourselves, our assets and our future generations. Watch for my next blogs where we will share more on dealing with the CRA!

Tips when Dealing With CRA Part 2

As per my last blog, please ensure you know your rights as a Tax Payer according to the Tax Payer Bill of Rights. Here are 3 other important facts in dealing with the CRA:

1. Don’t ever take what a CRA agent says on the phone as fact. Get it in writing! They can never be held accountable to what they say on the phone, and typically you are getting a junior agent that may have just started working at the CRA!
2. Don’t take what the CRA website says as fact! (see their disclaimer) Here’s a link and below is what is written in the disclaimer:

http://www.cra-arc.gc.ca/ntcs/dsclmr-eng.html

Disclaimer: Some of the information on this Web site has been provided by external sources. The CRA is not responsible for the quality, merchantability and fitness for a particular purpose of products or services available on external sites and listed or described on our menu; nor is it responsible for the accuracy, reliability or currency of the information contained on our Web site and supplied by external sources.

3. If you don’t agree with their assessment, appeal (See further in this blog for details)

APPEALING

Number 4 on the Tax Payer Bill of Rights states that you have the right to a formal review and subsequent appeal. So, if after they review your file you get reassessed, you can appeal their Assessment if you don’t agree with it. This assessment typically comes in 2 forms, a Notice of Assessment (N.O.A.) or a Notice of Reassessment (N.O.R.A.). Either one may be appealed as long as the appeal is within 90 days of the date on the N.O.A. or N.O.R.A. To appeal a decision you should file a Notice of Objection: http://www.cra-arc.gc.ca/E/pbg/tf/t400a/t400a-09e.pdf. Once your Notice of Objection is sent in you should receive a letter stating that they’ve received your Objection and that they will be reviewing your file. If after the review is completed, which sometimes takes a considerable amount of time, they state the Assessment still stands than you can appeal to the Tax Court of Canada. Their correspondence will come with the paperwork and steps to do so, however if you need assistance in your Notice of Objections or appeals, please don’t hesitate to contact us.

Please watch for my next blogs as I will continue to give you tips and information when it comes to dealing with the CRA.

Tips when Dealing With CRA Part 1

As I’ve just finished a full series on the Family Trust I was debating on what would be my next topic to blog on. After some thinking I came to the conclusion that one of the biggest issues many people face is dealing with CRA, the Canada Revenue Agency. Formerly they were called CCRA, Canada Customs and Revenue Agency and before that they were simply called Revenue Canada. The CRA is an agency that administers tax law for Canada, which means in essence they are a big part of implementing the tax legislation put forth by parliament. This is of course not their only function as they also administer other areas of benefits and tax programs to the public and they also currently work with international trade regulation. It’s interesting that this is what they are to do, but the majority of the public sees them as being a collection agency. The appearance of CRA does not seem to say anything different when they are harassing millions of Canadians for money even when they may not owe it!

The first thing you must realize when dealing with CRA is that they do not make the final decisions in regards to how tax legislation applies. Above the CRA is the Tax Court of Canada, The Federal Court of Appeal and the Supreme Court of Canada. So, in essence, the CRA is at the bottom of the totem pole when determining the law. The real issue is that many people do not know they can appeal further than CRA, nor do they know that they have specific rights as a taxpayer. You, as a taxpayer, have many rights that could be disregarded by CRA. Part of the problem is that it is not a requirement for CRA agents to know the tax payer bill of rights, and on top of that, many of CRA’s positions are transient as many employees either leave the CRA or move departments. I’ve asked numerous CRA agents if they know about the Tax Payer Bill of Rights and you would be surprised to find that many don’t know about it, and if they do, they haven’t had a chance to read it! You need to know your rights to ensure they are being upheld, here is the link to the Tax Payer Bill of Rights: http://www.cra-arc.gc.ca/E/pub/tg/rc4417/rc4417-09b.pdf

Now that you know your rights ensure you are never walked over by the CRA. If your rights are broken then you should contact your member of parliament, contact the Tax Payer’s Ombudsman and appeal any decisions you don’t agree with. There are good people that work at the CRA, however as a whole the CRA needs to collect as much from the taxpayers as possible as Canada is in a major deficit. Where do you think they get the loans from? Obviously not the United States as they are Trillions in debt! The fact is that the Bank of Canada is able to print amounts of funds based on a number of factors, including the basis of how much tax us Canadians can pay! …and we wonder why all the reassessments and audits are so rampant. In my next series of blogs, I will go into a number of tips in helping you deal with CRA.

Maximizing your trust – other considerations

As we have been discussing trusts for the last couple of months you should have a good understanding of the basics of a trust. There are many uses for a trust and in this series of blogs we are mostly discussing the use of family trusts. There are numerous other types of trusts and they all operate similarly in the fact that they all have the 3 same factors: 1. Settlor 2. Trustee(s) 3. Beneficiaries. We will now do some recap on a few items and discuss some other considerations of having a trust.

Family Trusts are very effective when used to hold assets and distribute cash flow. We must remember that income that is left inside of the trust is taxed at the highest marginal tax rate, however the trust is allowed specific tax deductions and tax credits such as dividend tax credits, capital gains deductions, donation credits etc. Income can flow through a trust, however losses cannot typically be flowed through the trust. The losses can be used against income in the trust, carried forward, or carried back up to 3 years to apply against income of other years. If you have paid tax in the past and apply for a loss carryback you may receive a tax refund of the taxes you paid in the prior years you are applying the loss to. This is similar for individuals and corporations.

Also remember that a trust has a $750,000 Lifetime Capital Gains Exemption, which is the same as every Canadian individual taxpayer. This is key for the sale of small business shares, farm property or fishing property. Because all of the beneficiaries have the same exemption this could allow for millions of dollars in qualified capital gains which could be exempt from tax.

Another rule of most trusts that CRA has put into place is the 21 year deemed disposition rule. This rule means that 21 years after the asset was acquired you will have to claim the tax on the the current fair market value less the cost of the asset and improvements to the asset. This is done every 21 years. This rule can be avoided by distributing property to the beneficiaries before the 21^st year, or by providing in the trust that the property will indefeasibly vest in the beneficiaries prior to the disposition.

One last thing to discuss is the option of a trust acquiring a beneficiary’s principal residence. The sale should be a real sale with actual funds changing hands. There is typically no tax advantages to selling your principal residence to a trust as you do not pay capital gains tax when you sell your principal residence. The only reason you may want to sell your principal residence to the trust is for the potential of liability protection. Other real estate however should be sold to the trust or a corporation owned by the trust. This property that the trust acquires can be almost anywhere in the world as the trust can also have non resident beneficiaries.

There are so many ways to plan using a trust and we have discussed a lot of the basics. Please do inquire with questions on trusts, structuring and planning. We look forward to hearing from you!

Getting Money and Assets out of a Trust Part 2

In my last blog we discussed some of the ways to get money and assets out a trust. As we can see the 2 main ways that people use are loans and income from investments or businesses. In the case of loans you must remember that loans need to be at the current prescribed interest rate or higher. It is very important that you look up the current rates when you are doing a loan to or from a trust, corporation or spouse to make it a compliant loan. Prescribed rates are typically much lower than prime. Recently we’ve seen the prescribed rates 1% and lower. As discussed prior, loan interest must always be paid one month after the year end of a trust, which is almost always December, except in the case of some testamentary trusts. Thus most loan interest is due January 31^st.

Getting money and assets out through income is the other main method people use. This can be extremely beneficial in income splitting, capital gains splitting, multiplying the capital gains exemption, utilizing dividends and more. Some income may even be able to be given to minors, however planning is key as special tax could apply.

The trust may own assets and these assets can be given to beneficiaries. For example if the trust owned a property the trust may choose to give that property to one or more beneficiaries. If the trust owns other assets or investments the trust may choose to distribute a portion or all of the assets to beneficiaries. It is again up to the trustees discretion if it is a discretionary trust. This can be done on a tax deferred basis if the beneficiary provides collateral or if a Rollout is used, however if a rollout is used, the trust may close and the beneficiary can no longer be a beneficiary.

It is key to plan with advisors when it comes to maximizing the use of your trust. Kustom Design, our associates and our advisors are all here to assist you in your planning. Please don’t hesitate to email us with any questions or contact us to book an appointment. Initial consultation is always free, and if you are on a Kustom Design package then you have lots of hours of included consulting. In my next blog we will be wrapping up our series on maximizing the use of trusts.

Kustom Design Strategies Inc. launches new service

In efforts to provide clients with more options to succeed financially, KDSI now provides CanEquity Mortgage services Calgary Alberta (September 3, 2010) – Kustom Design Strategies Inc. has collaborated with CanEquity Mortgage and is now offering clients comprehensive mortgage consulting services. Recognized for being a national Canadian mortgage brokering company that provides Canadians with mortgages that have the best rates in Canada, CanEquity has access to over 75 major lending institutions across Canada and is able to offer home loans in all provinces and territories, as well as Lines of Credit and commercial lending. Focusing on providing distinct client service and extensive expertise and education, Kustom Design Strategies Inc. has extended its services to provide clients with the service and mortgage options needed at the best rates possible while shopping the mortgage market. The majority of CanEquity’s mortgage services are provided for free by the company’s mortgage brokers, who are all qualified and licensed independent professionals. To find out more about CanEquity please visit www.canequity.com. To book an appointment with one of KDSI’s associates visit us online, send an e-mail to info@kustomesign.ca or call (403) 219-0602. About Kustom Design Group The Kustom Design Strategies Inc. is a self-motivated accounting firm that strives to build lasting relationships of integrity through quality client service and widespread expertise and education. Click here to download this News Release as a PDF

Getting Money and Assets out of a Trust part 1

Ultimately the Trustee is in control of what happens with the assets of a trust. We’ve already discussed assets and money going into a trust. A trust may retain the assets or the income or it may distribute the assets and income to beneficiaries at the trustee’s discretion. Many people use family trusts to flow through income to beneficiaries while holding assets such as shares or real estate.

A trust is very effective in flowing income through to beneficiaries. When income is distributed to beneficiaries it can typically retain the characteristics of the way it came in. For example if the trust receives dividend income, then the trust may flow dividends to the beneficiaries. If the trust receives capital gains income, it could also flow capital gains to the beneficiaries. Since this income is not retained by the trust the trust will not be taxed on the income. The income distribution is reported on a T3 Slip and the tax is calculated on the tax return of the beneficiary. This is of course very beneficial for tax planning!

A trust may also give loans. In many cases a trust would not loan to a trustee or beneficiary of the trust, as always consult with professionals when considering major transactions. Loaning funds to and from a trust can be an effective strategy. A trust that has capital may provide a mortgage to a corporation to buy a property. A trust that has capital may provide a loan to another entity to make an investment. There are many effective examples of trusts providing loans to build more Wealth.

If a trustee wanted money from the trust they may charge a Trustee’s Fee for overseeing the affairs of the trust. This, as with everything else the trustee does, should be in the best interest of the beneficiaries as the trustee has the fiduciary responsibility to the beneficiaries. A trust may also pay for tuition and education for the benefit of a beneficiary who is a minor and it will be considered a payment from the trust to the beneficiary.

In my next blog we will look at more ways to get money and assets out of a trust.

Getting Assets into and Funding your Family Trust - Part 4

Family Trusts should avoid earning active income as it could incur liability through any active income arrangements. If you want to earn income from a trust you should set up a different type of trust, such as a Limited Partnership Trust or Income Trust.

Some examples of passive income that the trust would receive are:

1. Dividends from Corporations owned by the Trust
2. Capital Gains from the sale of a Stock owned by the Trust
3. Interest from investments and promissory notes owned by the Trust
4. Rental Income from Real Estate owned by the Trust

There are many other ways to receive Passive income, however the main types of passive income you will see coming into your trust are dividends, interest, capital gains and rental income. Each form of passive income is taxed differently in the individuals’ hands, however in a trust this is not always the case. Dividends and interest income that are retained by the trust incur the highest marginal tax rate. (currently 39% in Alberta). For Capital Gains, 50% of the Gain that is retained by the Trust is taxed at the highest marginal tax rate. Rental income gets the rental expenses deducted from it, and any net income that is retained by the trust is taxed at the highest marginal tax rate.

So you must be wondering “Why I would retain income in the trust if I am going to pay the highest marginal tax rate?” Before answering this question you must have the knowledge of what marginal tax rate you are at personally. Obviously if you are already at the highest marginal tax rate personally then you may not want to take any further income from the trust. The next thing to look at is why you would need to retain income in the trust. You can simply flow through that income to the beneficiaries, which include yourself, your spouse if you are married, children if you have any, and so on. Trusts are great to flow through income, and most income that the trust receives can flow to the beneficiaries retaining the same characteristics from when it comes in to when it goes out. For example, if the trust is receiving dividends, it can typically pay dividends in the same amount to the beneficiaries. Dividends are taxed lower to individuals as we receive a dividend tax credit on these dividends and we also pay no CPP! Typically you can split the income between multiple beneficiaries which is key in tax planning!

There are many examples of how not to retain income in the trust. Another example would be to own real estate in a Corporation that is owned by the trust. This Corporation can deduct all the rental expenses and then can further pay more expenses, such as a management fee, to offset any profits. Trusts can do this as well, but there may be more benefits and options to do it in this way.

There are many more strategies that can be incurred using a trust, and there may be some specific instances where you would want to retain income in the trust, such as a Capital Gains sale where you can apply the Capital Gains Exemption. Trusts do require thought and planning and Kustom Design is here to help you plan and maximize the use of your structures, minimize your taxes, minimize your liability, create more cash flow and put your assets into the hands of the next generations without the Government taking half of them!

Getting Assets into and funding your Family Trust – Part 3

We have been discussing the 4 main ways that you can get assets or funds into a trust and each of them are dealt with differently for tax purposes:

1. Lend

2. Gift/Transfer

3. Sell/Acquire

4. Income from Business and/or investments

We’ve now gone deeper into #1 and #2, so let’s now discuss the other 2.

Similarly to gifting to a trust, when the trust is purchasing an asset in an arm’s length transaction it should purchase the asset at Fair Market Value. We’ve already discussed Fair Market Value in a prior blog, however “arm’s length” is another term we must become familiar with. Some examples of an arm’s length purchase by the trust would include purchasing assets from the Trustee, the beneficiaries, the settler or a corporation that the trust has ownership of. If the asset is purchased by the trust in a non arm’s length transaction then the Fair Market Value is not important and we can just deal with the asset at the actual purchase price.

When you are selling assets to a trust, similarly to other sales, cash is not the only form of payment that can be used. For example the trust could give a promissory note, another asset such as shares, or a combination of assets and promissory note. The same rules for the promissory note that we discussed in prior blogs would apply when it comes to interest and payments. As always with specific transactions of your trust it is best to seek Professional advice, Kustom Design is here to work with you for all your financial, accounting, tax and structuring needs.

The other main way to get assets into a trust is to simply receive income from business and/or investments. Typically the businesses and investments that the trust is receiving income from are owned by the trust. Trusts would typically receive non active income, such as dividends, interest or capital gains from these businesses and or investments.