Darren Lund

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Darren Lund is a member of the Trust, Wills, Estates and Charities at Fasken, Toronto office. Darren has expertise in a broad range of estate planning matters, including multiple wills, inter vivos trusts, disability planning, estate freezing, and planning for beneficiaries and assets outside Canada. Darren advises trustees and beneficiaries on all aspects of estate administration, both contentious and non-contentious, and his experience includes passing of fiduciary accounts, trust variations, post-mortem tax planning, and administering the Canadian estates of non-residents. He also speaks and writes on a variety of related topics such as estate planning for spouses and couples, inheriting overseas property and estate planning for persons with disabilities. He previously practised estates law at a large national law firm. Email: dlund@fasken.com

Budget 2018 Extends “Qualifying Family Member” Option for RDSP’s

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On February 27, 2018 the federal government tabled its 2018 budget, Equality + Growth: A Strong Middle Class (“Budget 2018”). One of the budget items that has not received a lot of attention is the extension of the “qualifying family member” (“QFM”) provision for Registered Disability Savings Plans (“RDSP’s”). The “holder” of an RDSP is the person who opens the RDSP account. The holder is also the person who makes….

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Tax Issues

Death and TOSI Part 2: Spouses

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My past two blogs have looked at the December 13, 2017 draft legislation that amends and expands the tax on split income (“TOSI”) rules. In my last blog I outlined some of the special rules that apply (in the context of TOSI) to income and gains on property that is acquired as a consequence of death. A further special rule relates specifically to spouses. If an amount qualifies as an….

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Canada Revenue Agency, Estate Planning, Family Conflict, Tax Issues

Death and TOSI

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In my previous blog I looked at the revised rules for the tax on split income, or “TOSI”, that were released on December 13, 2017. In that blog I noted there are special rules that apply in respect of income and gains on property that is acquired as a consequence of death. This blog focuses on those provisions. If income or gains from property are “split income”[1] the TOSI applies….

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Uncategorized

The New TOSI Rules from 30,000 Feet

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As I noted in my last blog, the Minister of Finance released revised draft legislation and explanatory notes for proposed changes to the tax on split income (“TOSI”) on December 13, 2017. The new rules are an improvement on the original July 18, 2017 release, in that they have been simplified in some respects. Nevertheless, they remain complex and questions remain about their application. The devil, as they say, is….

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Uncategorized

The Senate Strikes Back?

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The latest chapter in the ongoing saga of the federal government’s reforms to the taxation of private companies was released on December 13, 2017. On that date, the Minister of Finance released the draft legislation and explanatory notes for the revised version of the “income sprinkling” or “TOSI” (tax on split income) rules that were first released on July 18, 2017. The release also includes a guidance document that is….

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Tax Issues

The Principal Residence Exemption and Qualified Disability Trusts

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I previously blogged about changes that could be made to the current qualified disability trust (“QDT”) rules to make them more flexible. In that blog I briefly referred to changes to the principal residence exemption that limit the types of personal trusts that can use the exemption, one of which is a QDT. A QDT, like the other eligible trusts under the new principal residence rules, must have a “specified….

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Disability, Trusts
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