Did someone say…tax free?

Author: Joey San, Financial Advisor

How business owners can get money out of their company tax free

Attention shareholders and owners of a Canadian-controlled Private Corporation (CCPC)! This could be your “Diamond in the Rough”. What is that Diamond? Capital Dividends -the holy grail of dividends. Why? Funds that are allowed to go into the Capital Dividend Account can be paid out of the corporation to you personally…TAX FREE. I got ahead of myself a bit here. Let me back up a bit.

To understand what the Capital Dividend Account (CDA) is and how it works, there is one thing we need to clarify first: a CCPC can pay three types of dividends to its shareholders.

Two of these dividends are often referred to as a “Regular Dividend” which is paid from the company’s earnings or profits and is taxable to the shareholder. Within the regular dividend there is a distinction; Eligible and Ineligible dividends. We’ll leave the definition of these to another blog but simply, ineligible dividends are from active small business income and eligible generally covers the rest.

The other dividend is through what is called a “Capital Dividend” which is paid from the company’s assets or capital base and is TAX FREE to the shareholder. So how do you get Capital Dividends?

The Income Tax Act (ITA) defines the CDA as a special Corporate Tax Account which is not included in the company’s financial statement, that gives its shareholders designated capital dividends, tax free. This notional account tracks capital gains and losses from the sale or disposal of a company asset. This asset can be in the form of Real Estate, Stocks/Bonds and proceeds of Life Insurance. Let’s look at a couple of examples:

The sale of a building or stock. The CCPC bought the asset for $100k and sold it for $1 million. The capital gain on this asset is $900k ($1 million – $100,000) and 50% ($450,000) is taxable. The corporation pays its tax and distributes the rest to its shareholders as a taxable “regular” dividend. The other 50% of the gain ($450,000) which was tax free to the corporation is still held in the corporation. How do we get that to the shareholders? Since this gain creates a $450k credit to the CDA ledger, according to the ITA, it can now be distributed to its shareholders tax free as a “capital” dividend.
Life insurance proceeds. If a CCPC is the owner, payor and beneficiary of a Life Insurance policy to fund a shareholder’s agreement, keyman protection or debt elimination, the proceeds of that policy will also create a credit to the CDA ledger. If an insurance company paid $1 million as a death benefit to the Corporation, then the CDA gets a credit of $1million less the ACB (adjusted cost base varies depending on the type of Policy) according to the ITA. This means that the shareholders can get roughly $1 million as a tax free “capital” dividend.

Without getting too technical, this is one valuable way for businesses to get tax free income out of their CCPC. The most important thing about working with the CDA ledger is timing. Since this account tracks both Gains and Losses, planning is critical! CDA is not available to public corporations and does not work well for foreign/non-Canadian shareholders. Working with your financial professional can help facilitate the opportunities the CDA offers in the most effective and efficient way for the business and its shareholders.

Connect Wealth is an independent financial planning firm that offers holistic advice to clients based on their current goals and future aspirations. We use well-established workflows and cutting edge technology to maximize planning efficiencies while simplifying the process for clients. Learn how you can maximize your financial opportunities at www.connectwealth.ca

Saving For Retirement

What Are Your Options?
What is the best investment plan to use to save for retirement? It used to be fairly simple; the answer was maximizing your RRSP. Do you know what is the best strategy for your situation? Do you know what your options are?

Here is a basic overview:
1. Save – The first rule of thumb to be concerned about is that you are saving money for your future. Too many Canadians are spending all of what they earn and not putting away any money for their future. A good place to start is to aim at putting away 10% of what you make.

2. Tax Efficient – Ever since the launch of the TFSA, there has been a debate by financial professionals over which investment plan is more tax efficient to use, the RRSP or TFSA? My opinion is that it depends on your situation both now and in the future and should be looked at on a case-by-case basis to see what fits best. I would be cautious if a financial advisor is always only promoting one plan type over the other, both have their benefits. (For more info on TFSAs, see my article from Sept 2013 – http://jaybrecknell.ca/demystifying-tfsa/)

3. Business Owner – If you are a business owner the question can get even more complex as you have more options. Should you use your RRSP, TFSA or instead save your retirement funds in a holding company? Since corporate tax rates are at an all time low in Canada more business owners are saving corporately versus in a RRSP or TFSA. There can be many benefits to saving corporately as it can provide flexibility to the business owner. As this can be complex it needs to be put together by a professional that understands your corporate structure and the tax and legal rules that are involved.

As with any financial strategy we would recommend ensuring that you have your personal situation reviewed by a professional to make sure that is done in the best way possible. If you have any questions or would like your plan reviewed feel free to contact us.

Questions?

December 1, 2014/by Vince Olfert

Business Planning

Business Owners Fail To Plan

Prepare Your Business For Sale
Only 9% of business owners have a documented transition plan in place and yet 70% of small business owners plan to transition in the next 10 years*! As a financial planner I continue to meet business owners who are planning to sell or transition their company but they do not have a plan. Typically they are either unsure of the process, so they procrastinate or the business is their baby and they do not want to let it go. It is understandable that a major decision like this is hard to make, especially without someone to assist you.

When a business owner is considering selling here are some things to consider:

1. Don’t Leave the Party Last – You see this with professional athletes when they face the question of when to retire? In my opinion you are either growing your business or it is shrinking it, there is no standing still. A lot of business owners later in their career can get into maintenance mode, which usually means the business is starting to decrease in revenues. At first the revenues may hold but after a couple of years you typically see them start to decline. If you want to maximize your selling price and be attractive to potential buyers be careful to wait too long.

2. It Takes Time – Selling a business can take you longer than you think. You need to find the right candidate to take over your business. You are looking for an individual that is an entrepreneur; remember there are more employees in the world than business owners. Also, in most transitions the current owner is asked to stay with the company to assist with the passing of the reigns. You should plan for 1-2 years to sell. This means you should be creating a plan 5-7 years prior to your planned exit.

3. Change – Every industry is faced with changes due to technology, regulatory, competition, etc. If you owned a video or record store in the 80 or 90’s, when was the best time to get out? What if the technology that Google is working on to make it so that cars drive themselves eliminate car accidents in the future. Could that affect you if you own an auto body business? What changes face your business?

4. Financials – Often times the financial statements for a business are ignored until it is too late. Yet they will play a very important role in the sale of the business. You want to make sure that your financials present the best view of your company so that a potential buyer is enticed to make an offer.

There are many things to consider when selling a business. The first is to get a professional that can assist you with putting a plan together to ensure that you maximize the value, save tax, and control when and how you sell your business. As with any financial strategy we would recommend ensuring that you have your personal situation reviewed by a professional to make sure that is done in the best way possible. If you have any questions or would like your plan reviewed feel free to contact us.

Questions?

*Source – http://www.advocis.ca/Update2014/index.html

December 1, 2014/by Vince Olfert

Insurance, Personal Planning

Protecting Your Biggest Asset

The Most Overlooked Risk
What is your biggest asset? Most people might answer your house, boat, car, or investments. When in fact it is your income and your ability to earn a living.

When I review a person’s financial situation, one of the most common areas that is overlooked is to protect their ability to earn a living. Disability insurance is a critical part of a person’s risk management plan. When you think about all of the things that people have insurance for, cars, houses, electronics, death, etc. Unfortunately if you do not have an income all of these other areas fall apart.

When it comes to managing risk, a financial planner looks at two main factors:
1. Risk – what is the chance of this happening?
2. Impact – If it does happen, what is the potential damage?

As an example, the risk of a house fire is low but the damage it can cause financially is extreme. Hence why people buy home insurance.

The Risk Is High:
Did you know that 1 in 3 people, on average, will be disabled for 90 days or more at least once before they reach age 65?*

The Impact Can Be Severe:
How long could you survive for without your income? Most families could last maybe 4 to 6 months before they would have to start selling other assets such as investments or their home. How would you survive till age 65 and then into retirement?

The main way to manage this risk is to have long term disability insurance to protect yourself in case of an illness or injury.

Possible Options:
1. Canada Pension Plan – This will only pay for the most severe disabilities and the amount is small.
2. Worker Compensation – This only covers you if it is a work related injury.
3. Group Plan – This is how most Canadians are covered. IMPORTANT! You should have your coverage reviewed to make sure you are properly protected.
4. Individual Plan – You can purchase this through the major insurance carriers.

Key Facts:
• If you are an executive or earn over $80,000 per year and you have group coverage you should have it reviewed, as you may not be fully protected.
• If you have group coverage your plan definition typically will change after 2 years of being disabled. This can allow the insurance company to decline your coverage if your disability is not severe enough. This is done to keep your rates lower for your group plan. You can get individual insurance to protect against this.
• The definition of a disability policy is critical.
• Most disability insurance is designed to cover you till age 65; some may have only a 5-year benefit period.

Questions?

*Source – “A guide to disability insurance”. Canadian Life & Health Insurance Association

December 1, 2014/by Vince Olfert