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ARTICLE · 11 MAY 2018

How U.S. Personal Tax Changes Affect Estate Planning

The Tax Act reduces personal tax rates.

CanadaFamily and Matrimonial

For ease of reading, this article uses non-U.S. and U.S. to refer to non-U.S. persons and U.S. persons when referring to spouses.

The U.S. tax reform passed late last year will impact many Canadians with U.S. connections and requires a review of individual and family estate planning.

Here's an overview of certain major changes. Then, we'll get into specific scenarios.

Personal tax rates

The Tax Act reduces personal tax rates. The top bracket for people with income over US$500,000 (previously US$453,351) is now 37%, reduced from 39.6%.

By comparison, the top marginal tax rate for an Ontario taxpayer in 2018 is 53.53%, which applies to individuals with income above $220,000. There is now a huge gap between U.S and Canadian tax rates, and they seem to be on opposite trajectories.

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