Tax Planning for Small Business Owners

Tax Planning Tips www.JMAGroup.caThe chief end for all small business owners is to make as much money as they can and build a business that they can one day get out from under and retire happy, healthy and at a minimum financial stable. RRSP’s and Canada’s new Tax-Free Savings Account (TFSA) are two of the tools that are used to build wealth now to plan for the future.

In the past, small business owners have pulled money above their personal draw out of their company to invest within their RRSP or TFSA. David Milstead of the Globe & Mail outlines the benefits of keeping money invested within the company for use during the retirement years. Invest, draw, pay tax makes more sense for the small business owner than draw, pay tax, invest.

HERE is an article by Jamie Golombek that may help clarify some of the advantages.

Finding Your Tax Rate

The taxation system in Canada is definitely not known for being simplistic.  Marginal vs. Average rate…Federal and Provincial…Capital Gains vs. Dividend Income…Canadian Tax for Dummies doesn’t exactly turn its readers into accountants overnight.  Jamie Golombek, CIBC’s Managing Director of Tax & Estate Planning wrote a great article in the National Post with a case study of how the tax rates breakdown.

Understanding where you fit into the Canadian tax system is critical.  Income tax is your single greatest expense, and unfortunately, most Canadians pay it with little to know knowledge of what is going on.  In addition to not wanting to know, tools like this one or products like TurboTax aim at telling the consumer “it’s easy…do it yourself!“  One of the lessons that I’ve learned is to do what I know, learn what I can and ask for help when it counts.  I don’t fix my own car, drill my own teeth or install my own appliances.  There are lots of people that can…but there are too many people that try and make a mess of it along the way.  Having tools and an understanding like Golombek outlines it important as it forces us all to be informed citizens…but let’s not believe that a basic app or product can replace relationships and system knowledge…unless there’s an app for “CRA is auditing me and I need you to speak with them”

We’re still waiting for that one to be developed.  Until then…we’re here…23 years and counting.

What the 2012 Budget Means for You

Now that we’ve had a few days to sit on the budget and you’ve been able to cope with the heartache around losing the penny…let’s take a look at what the budget had to say.

Here’s a summary of the CBC coverage of the budget:

- Savings of $5.2 billion a year by 2015
– 19,200 federal public sector jobs cut over three years.
– Return to surplus by 2015
– Penny to be discontinued this fall (it still holds value for spending).
– Age of eligibility for Old Age Security rises gradually to 67 from 65 starting in 2023
– Retirement age for federal public servants rises to 65 from 60 for people hired in 2013.
– CBC funding cut by 10% over three years

There’s obviously lots more, but these were some of the highlights.  It’s always an interesting day when the budget gets released.  In recent memory, a minority government has meant 2 things:
1) a much more tame budget as the risk of being thrown out of government through a vote of non-confidence sat at the forefront of everyone’s mind
2) more discussion one the vote to pass the budget than the budget itself

The most challenging piece of the budget for many is the move of OAS from 65 to 67.  Despite this change being transitioned in, this can potentially dramatically influence how you plan and save for retirement.  As a part of your financial plan, you should take this change into consideration as you plan for retirement.  As always, how this will affect each person individually is different.  If you have questions about what the budget means for you, your present reality and financial future, don’t hesitate to let us know.

What To Do With Your Severance?

You’ve decided to retire or you have been let go from your job and have been offered a generous severance package. If you take the full payment, the entire amount will be taxable when you receive it. However, with some careful planning, you can reduce the immediate tax consequences.

Make Sure Its A “Retiring Allowance”

It is important to make sure that what you are receiving is a “retiring allowance” so that you are able to transfer the payment to your RRSP on a tax-deferred (rollover) basis.

A retiring allowance is an amount that you receive from your employer in recognition of long service or compensation for loss of employment. Other types of payment may also be considered part of the retiring allowance: Unused sick leave credits for example will be included as part of the retiring allowance provided they are paid on or after your termination.

On the other hand, pay in lieu of notice or unused vacation pay are not considered a retiring allowance.

Planning Options

  • RRSP Rollover – If you were employed with the same employer prior to 1996, a portion of the retiring allowance can be transferred directly to your RRSP and will not affect your RRSP limit.
  • RRSP Contribution – If you are unable to use the RRSP rollover provision but have RRSP contribution room, you can make an RRSP contribution.
  • Severance Installments – If your employer is going to pay you over a period of years (normally two), you can reduce the tax bill by splitting the severance payment over different tax years.

Estate Planning Considerations

If a person dies before receiving the retiring allowance the amount is taxable. However, if the amount is significant, your executor may file a separate “right or thing” tax return and reduce income tax.

To Contribute or Not To Contribute That is The Question?

Every year the big debate is whether you should contribute to your RRSP now or wait.  There are a number of variable to consider: Will you be in a higher or lower tax bracket in retirement? What tax brackets will your spouse be in? How much contribution room is available?  More importantly, it’s important to look at your overall picture and determine where RRSP’s fit into your overall financial plan.

The Basic Concept

An RRSP is a tax-deferral account: You deduct contributions from taxable income and withdrawals are added to taxable income. If you expect to be in a lower tax bracket in retirement, then you can defer some tax and realize an overall net savings. If you expect to be in the same tax bracket in retirement, then you have a deferral of tax which allows more of your money to grow (a benefit).

On the other hand, if you income will be higher in retirement, then the RRSP becomes an issue.

Some Simple Tips

  1. Have  plan – Consider what you expect your retirement to look like and work back from there. The planning process should give you an idea of whether you will be in a higher or lower tax bracket.
  2. If you’re in a low tax bracket – You may not save much in tax by contributing now. However, if you will be in a higher bracket in the near future, you can still make the contribution but don’t take the deduction until later.
  3. If you’re in a high bracket but spouse in a low bracket – Make a spousal contribution. You’ll take the deduction in a high bracket and your spouse will withdraw at a low rate (be aware of the spousal attribution rules).
  4. Contribute early– The sooner you make the contribution and make your investments, the longer your money will be working for you.

Finally, if you get a tax refund, do something wise with it: Put it against your mortgage or pay off other debt and invest the difference.

Sophisticated Retirement Planning

During this time of year, everyone is concerned about retirement. Everywhere you look, you see and hear about RRSP’s. Your banker wants to your contribute more and your advisors want you to contribute more. Although, somewhat self-serving, there is merit in saving for retirement.  But RRSP’s are not the only option.  For the business owner or higher income individual, there are other alternative saving strategies that can help you save for retirement and save or defer more income tax.

Individual Pension Plans

The individual pension plan (IPP) is a defined benefit pension plan established by an active business corporation. There is a specific funding strategy where the owner-manager contributes and the corporation contributes to the plan.

  • All expenses, fees and contributions are fully deductible by the corporation, and
  • The plan can offer survivor benefits to your spouse,

The downside of the IPP is that it the contributions are an obligation and thus are suitable for companies with stable cash flow. In addition, the owner-manager must have T4 income. If you have paid yourself dividends all your life, there will be little RRSP room available to make full use of the IPP.

Retirement Compensation Arrangements

The retirement compensation arrangement (RCA) is a trust set-up for the future benefit of an employee of the company. There are no required contributions to the plan but any contributions are fully deductible. In addition, there are no limits as there are with an IPP or an RRSP, which can make them quite attractive for successful firms and individuals.  The CRA has a hand in the plan however. One-half of contributions must be remitted to the CRA. These contributions are refunded when payments are made during retirement.

Insured Retirement Plans (IRP)

This strategy involves the acquisition of a universal life insurance policy an building up a cash reserve on a tax sheltered basis and enjoy a tax preferred income stream from the plan. The premiums and deposits are not deductible but the investment growth is tax-free.  When you require retirement income, you assign the policy to a bank or lending institution and take advances against the value of the policy for retirement. These advances are not taxable and can be used to fund your retirement lifestyle.  Upon death, the insurance is used to pay off the loan and any excess is distributed to your beneficiaries tax-free.

Other Strategies?

The IPP, RC, and IRP outlined above are the standard alternative strategies available. Other strategies may be a combination or variation designed to meet your specific circumstances.  The suitability of any alternative retirement planning strategies requires a process of inquiry, discover and analysis of the relevant facts to determine the best alternative.

What is Financial Planning?

Financial planning is a broad term that has different meanings for different people. To some, financial planning is associated with the sale of investments or insurance, while for others, it may mean retirement or estate planning.

A Financial Road Map

Financial planning is like taking a family road trip: It helps you decide where you want to go, provides you a road map to guide you to your destination, and identifies roadblocks and possible detours along the way.

Financial planning answers these questions:

1. Where am I today?
2. Where do I see myself in the future?
3. Can I reach my financial goals?
4. What am I going to do to get there?
5. How am I doing?

The process starts with a snapshot of your situation today and an understanding of where you see yourself in the future. The financial plan is used to fill in the blanks and help you move forward.

What Financial Planning Is Not

It’s also important to understand what a financial plan is not. A financial plan is NOT just:

- A budget
- Investing
- Insurance
- Tax minimization
- Retirement or estate planning
- A net worth statement

The financial plan may include all of these items but none in simple isolation. Your financial success can be easily sidetracked if we focus on one element in isolation.

Simple Financial Planning Tips

In its crudest form, a financial plan tells us to spend less than we make, save for the future and protect our loved ones. These are summarized as follows:

1. Spend less than you make
2. Pay yourself first
3. Have a will to ensure your loved ones are taken care of

These three simple tips are the first step to financial success.

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The JMA Group team is committed to providing our clients with value-driven solutions.  Part of that commitment is how we choose to communicate with our clients.  It is our desire to use this blog as a space to provide meaningful content, insight and opinion regarding issues and problems that matter to our clients.  We look forward to the continued opportunity to serve you and are confident that you will find the content on this blog helpful as we work together.

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