Tax Fundamentals for the Estate Practitioner 2022
Course Date: March 31, 2022
Total: 5h 45min
Total Ethics: 26min
Course Date: March 31, 2022
Welcome and Land Acknowledgement (9:00 – 9:10)
Kate S. Marples — KPMG Law LLP, Vancouver
Ingrid M. Tsui — Alexander Holburn Beaudin + Lang LLP, Vancouver
Fundamentals of Tax in Estate Planning (9:10 – 9:50)
- gifts of cash and appreciated property
- deemed dispositions at death
- transfers into and out of joint tenancy between spouses
- spousal rollovers
- principal residence
Martina Zanetti — Norton Rose Fulbright Canada LLP, Vancouver
BREAK (9:50 – 10:05)
Fundamentals of Taxation of Trusts Generally (10:05 – 10:45)
- inter vivos trusts and testamentary trusts
- transfers of property to a trust
- allocation and distribution of income and capital to beneficiaries
- general attribution principles
- transfers to a spouse or minor child, or to trusts for the benefit of a spouse or minor child
- s. 75(2) trusts
- the 21-year deemed disposition rule
Kate S. Marples — KPMG Law LLP, Vancouver
BREAK (10:45 – 11:00)
Transparency Registers and BC Real Property Taxes in an Estate Planning Context (11:00 – 11:45)
- LOTA transparency register
- corporate transparency register
- GST/HST and distributions from estate
- speculation and vacancy tax
- empty homes tax
- property transfer tax/foreign buyers tax
Zheting Su — Thorsteinssons LLP, Vancouver
LUNCH (11:45 – 12:25)
Probate Planning (12:25 – 1:10)
- life interest trusts (such as alter ego and joint partner trusts)
- benefits/drawbacks
- transferring property to such trusts
- taxation on death
- multiple wills
- land title considerations
Alexander Demner — Thorsteinssons LLP, Vancouver
BREAK (1:10 – 1:25)
The Case of the Complex Children (1:25 – 2:10)
- trusts for disabled beneficiaries, both inter vivos and testamentary
- drafting for vulnerable beneficiaries
- US citizen beneficiaries
- non-resident beneficiaries generally
Christine M. Muckle — Legacy Tax + Trust Lawyers, Vancouver
BREAK (2:10 – 2:20)
Planning for Unique Family Circumstances (2:20 – 3:00)
- spousal separation: planning and tax issues
- inheritance and claims by a former spouse: treatment under family law and planning around this
- common planning tools for blended families and exposure to claims under family law
Ingrid M. Tsui — Alexander Holburn Beaudin + Lang LLP, Vancouver
Amanda N. Winters — Farris LLP, Vancouver
BREAK (3:00 – 3:15)
The Executor (3:15 – 3:55)
- residency of an estate
- qualifying as a graduated rate estate
- tax returns from date of death onward
- carry back of losses
- distribution to resident and non-resident beneficiaries
- liability of executor
Rose Shawlee — Harper Grey LLP, Vancouver
Closing Remarks (3:55 – 4:00)
Kate S. Marples — KPMG Law LLP, Vancouver
Ingrid M. Tsui — Alexander Holburn Beaudin + Lang LLP, Vancouver
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