ArticleFamily Business Succession Planning II: The RefreezeLast month I discussed how estate freezes were a good planning tool for family-owned businesses.CanadaCorporate/Commercial LawMinden Gross LLP
ArticleNew Trust Reporting Obligations – What Trustees And Advisors Need To KnowFor tax years ending on or after December 31, 2021, new reporting rules established by the Canada Revenue Agency (the "CRA") will require heightened disclosure and transparency for trusts.CanadaCorporate/Commercial LawFogler, Rubinoff LLP
ArticleTrustees Take Note – Context Is Key When Interpreting A Settlor’s Intention; Broad Discretion Is Not A ShieldThe court removed and replaced a lay trustee for failing to meet the "prudent investor" standard set out in s. 15.2 of B.C.’s Trustee Act, and at common law.CanadaCorporate/Commercial LawAlexander Holburn Beaudin + Lang LLP
ArticleCRA Relief And Proposed Amendments Mitigate Bare Trust Reporting Burden On Energy CompaniesOn October 29, 2024, the Canada Revenue Agency (CRA) issued a release stating that it will not require bare trusts to file trust returns for the 2024 tax year...CanadaEnergy and Natural ResourcesBennett Jones LLP
ArticleEstate Essentials: Will Planning And The Family Cottage: Preliminary ConsiderationsWill planning, in general, requires balancing a number of factors.[1] One often looks for a tax efficient manner to transfer their assets to one or more intended beneficiaries following their death. CanadaFamily and MatrimonialWeirFoulds LLP
ArticlePlan Well. Live Well. Be An Effective Executor, Trustee Or Attorney/Guardian For Property And Care.Executors, trustees and attorneys/guardians are all part of the legal category known as "fiduciaries". What this term means is that a person (or an entity such as a trust company) has been appointed...CanadaFamily and MatrimonialBlaney McMurtry LLP
ArticlePour-Over Clauses In Ontario Estate Planning: Key Risks And ConsiderationsThe courts in both Ontario and British Columbia have determined that Wills containing a pour-over clause directing assets into a revocable or amendable trust are invalid.CanadaFamily and MatrimonialPallett Valo LLP
ArticleOSC Identifies Concerns With REIT DisclosureOn January 26, 2015, the Ontario Securities Commission issued the results of a staff review of disclosure relating to distributions by Ontario-based real estate investment trusts.CanadaFinance and BankingBorden Ladner Gervais LLP
ArticleBudget 2021: Proposed Limitations On "Excessive" Interest DeductionsBudget 2021 proposes significant new limitations on business interest deductibility, commencing January 1, 2023. CanadaTaxMcMillan LLP
ArticleCanada Proposes New Tax Reporting Requirements For Bare TrustsBare trusts across Canada could soon be required to file annual returns with the Canada Revenue Agency, or face large penalties for failing to report.CanadaTaxBennett Jones LLP
ArticleIs This The End Of Tax-Motivated Family Trusts?Proposed tax changes affecting private corporations will significantly reduce the tax advantages of owning shares of corporations in family trusts.CanadaTaxMcLennan Ross LLP
ArticleI’ve Got The Power! But Do I Have To Consult Others? The Duty Of An Attorney To Consult Under The Substitute Decisions ActIn today’s world, we are always trying to be prepared – we check flights the day before our trip, and we start putting money aside into an RESP before our kids are potty trained. CanadaTaxCassels
ArticleNew Land Transfer Tax Rules Proposed For Certain Trusts And PartnershipsIf implemented, the proposed rules impose broader disclosure requirements when registering or transferring real property and alter the land transfer tax treatment of certain trusts and partnerships...CanadaTaxBorden Ladner Gervais LLP
ArticleThe Taxletter: Family Business Succession Planning II: The RefreezeLast month I discussed how estate freezes were a good planning tool for family-owned businesses. One point I did not mention was that estate freezes are also a good strategy if your business had gone down...CanadaTaxMinden Gross LLP
ArticleChanges To The Use Of Life Interest TrustsOn December 17, 2014, Bill C-43 received Royal Assent, ushering in a new era of estate planning with proposed changes to the Income Tax Act (the "Tax Act").CanadaWealth ManagementBorden Ladner Gervais LLP
ArticleTrust Basics - June 2019The terms of an inter vivos trust are usually set out in a document signed by the settlor. CanadaWealth ManagementNorton Rose Fulbright Canada LLP
ArticleBusiness Succession Planning – Understanding Key DriversIt is a fact of life that every business owner must exit their business eventually, whether in retirement or on death.CanadaCorporate/Commercial LawPallett Valo LLP
ArticleHenson Trusts: Supreme Court Clarifies And ApprovesA Henson trust is a type of trust that is settled for the purpose of benefitting a person with disabilities. CanadaTaxRotfleisch & Samulovitch P.C.
ArticleBreach Of Trust Claims: When Does The Clock Start Ticking?Certain court decisions are worth revisiting to ensure that they aren't overlooked when facing complicated construction litigation matters.CanadaCorporate/Commercial LawMiller Thomson