Tax Issues

Total 356 Posts

Considerations when Administering a Canadian Estate with US Situs Assets

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. As today’s world continues to grow increasingly interconnected, more estate professionals find themselves dealing with a web of cross-border assets and jurisdictional issues.  This post considers certain issues that you might face when administering a Canadian estate with assets situated in the United States. Legal Authority You must first determine whether you will need legal authority to….

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Canadian and US Tax Treaty, Estate Administration, International, IRS, Probate Tax, Tax Issues, United States, US Taxes, Wills

It’s That “Tax Talk” Time of Year….Again

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As the calendar rolls into March and tax slips arrive in the mail, I thought that I would remind blog readers about a provision in the Income Tax Act (the “ITA”) that I think is one of the more insidious ones, namely the so-called “corporate attribution rule” in subsection 74.4 of the ITA. The corporate attribution rule is unlike most other attribution rules in the ITA in that it does….

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Tax Issues

Flipped property – estates beware

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Executors generally liquidate the assets of an estate in a timely manner following an individual’s death. This may include the disposition of the deceased’s primary residence, cottage or rental property (herein referred to as a “housing unit”). An estate may realize a gain on a housing unit if it is sold at a price higher than its fair market value on the date the individual died.  Prior to 2023, the….

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Estate Administration, Executors, Real Estate, Tax Issues, Trusts

Trust and estates beware of the new Underused Housing Tax

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The recently enacted Underused Housing Tax Act[i] (UHTA) applies a one per cent tax on the ownership of vacant or underused housing in Canada. Per the Canada Revenue Agency’s (CRA) published notification[ii] on Jan 17, 2023, “the vast majority of Canadian owners of residential property are excluded owners and, therefore, do not have any obligations and liabilities under the UHTA. However, the underused housing tax is payable by certain Canadian….

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Canada Revenue Agency, Estate Administration, Estate Planning, Tax Issues, Trustee

Will The Vacant Home Tax Impact Use of the Principal Residence Exemption; Estate Planning Considerations

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  Overview The Ontario government has enabled municipalities to enact a tax on vacant residential units in their regions (Granted under Part IX.1 of the Municipal Act).[1] Each municipality has to pass a By-Law stating the tax rate and conditions of vacancy that, if met, make a property subject to the tax. The Council of the City of Toronto enacted their By-Law, deeming it to have come into force on….

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Estate Planning, Executors, In the News, Property, Real Estate, Tax Issues, Uncategorized, Wills

As You’re ‘Checking Your List’, Don’t Forget Your Year End Tax Planning

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As the holidays approach, so too does December 31st or the end of a calendar year.  This date can mean different things to different people.  For those in the business of estate and tax planning, the spectre of December 31st often leads to calls from clients who are looking to: complete a project they had on their “to do” list for the calendar year, start a project but have it….

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Estate Planning, Tax Issues, Trusts
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