Tax Fundamentals for the Estate Practitioner 2011


Course Date: February 4, 2011

Welcome and Introduction

Elaine E. Reynolds — Legacy Tax + Trust Lawyers, Vancouver

Lifetime Dispositions and at Death—General Principles

  • gifts of cash and appreciated property
  • transfers to trusts
  • deemed dispositions at death

Sadie Wetzel — Davis LLP, Vancouver 

Tax Exemptions

  • principal residence
  • qualified small business
  • family farms

Christopher G. Speakman — Bull, Housser & Tupper LLP, Vancouver

Networking Break

Attribution Principles

  • general attribution principles
  • direct and trust transfers for the benefit of a spouse or minor child
  • trust transfers with retained ownership
  • loans to adult children
  • principal residence exemption attribution
  • phantom income on estate freezes

Blair P. Dwyer — Dwyer Tax Lawyers, Victoria 

Lunch (on your own)

Taxation of Personal Trusts Generally

  • testamentary vs. inter vivos vs. spouse trusts
  • allocation of income to beneficiaries
  • distribution of trust property to a resident or non-resident beneficiary
  • the taint of s. 75(2)
  • what makes a trust non-resident?
  • the 21-year deemed disposition rule

Nicholas P. Smith — Legacy Tax + Trust Lawyers, Vancouver

Tax Planning Strategies

  • estate freezes
  • post-mortem strategies to minimize taxation at and after death
  • life insurance-funded distributions from private corporations
  • post-mortem “wind up bumps”
  • alter ego and joint partner trusts

David R. Baxter — Thorsteinssons LLP, Vancouver

Networking Break

Taxation of Estates

  • residency of an estate
  • tax returns from date of death onward
  • carry back of losses
  • liability of executor
  • distributions to resident and non-resident beneficiaries
  • spouse trusts

Christine McCaffrey — KPMG Enterprise, Taxation, Vancouver

Charitable Giving

  • the charitable credit during life and at death
  • gifting appreciated property
  • tainting charitable gifts by will or trust
  • charitable remainder gifts

Nicole C. Todosichuk — Legacy Tax + Trust Lawyers, Vancouver