October 2018

Tax Appeals in Estates and Legal Standing

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In the land of income taxes and income tax law, it is generally understood that a taxpayer cannot appeal another taxpayer’s assessment without legal standing to do so. This is particularly relevant when the taxpayer being assessed or re-assessed is deceased. In the Estate of Straessle v. the Queen 2018 DTC 1106, the issue of legal standing was put to the test with interesting results. Sometime ago, The Canada Revenue….

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Canada Revenue Agency, Estate Administration, Executors, Tax Issues, Trusts, Uncategorized

It’s Friday afternoon at 4:00 pm and your mom is being discharged home.

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This was the frantic call I received from a daughter this past Friday. The hospital was discharging her 90 year old mother but had omitted to confirm that services and follow up medical appointments were in place. Now in many cases, this might not be a problem- depending on the health of the patient. But in this particular case, her mom had high care needs and in addition to 24….

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Caregiving, Elder Care

Posthumously-Conceived Children Revisited

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Please note: This blog has been updated from the original version which appeared on October 19, 2019. In a previous blog I wrote about Ontario’s new parentage rules, which came into force on January 1, 2017. Those are the rules that govern who is recognized at law to be a parent of a child. The relationship of parent and child that is recognized at law is then followed in determining….

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Uncategorized

Charitable Matching Funds

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As a fundraiser at a university in the early 1990s I discovered that a primary extra incentive for major charitable gifts is matching funds.  Typically from government sources, matching funds are compelling to donors and important fundraising tools for a lucky few charities.  Unfortunately they create an uneven playing field in the charitable sector. Matching programs are varied and often short-lived, but in every case they represent a government priority. Examples….

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Charitable Giving, Philanthropy/Charitable Giving, Uncategorized

Thin Management Plan; no Guardianship

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There are many reasons why a person may wish to have someone else assist with the management of their finances or personal care decisions.  One reason could be because he/she will be away from home for a period of time and needs someone to look after their financial affairs while they are gone.  Or, it could be because of diminishing capacity to handle one’s financial and personal care decisions. In….

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Uncategorized

Trust Return Due Date on Wind-up

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The Canada Revenue Agency (CRA) recently provided its view on the due date of a trust information and income tax return (T3) in the year a trust is wound up. Where a trust is wound up by distributing all of its property to its beneficiaries, does the T3  have to be filed within 90 days of the date of wind up date or within 90 days of the calendar year-end? Depending….

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Canada Revenue Agency, Executors, Tax Issues
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