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NEW QUESTION # 57
Shelley has been engaged in the financial planning process with her client Kim. Shelley has just obtained permission from Kim to refer her to a lawyer for estate planning considerations. What stage of the financial planning process are Shelley and Kim in?
Answer: D
Explanation:
Shelley and Kim are at the implementation stage. The important fact is that the need for estate-planning assistance has already been identified and Shelley has obtained Kim's permission to refer her to a lawyer. This is no longer simply information gathering or analysis; an action arising from the planning recommendations is being put into effect.
FP Canada's current Practice Standards expressly recognize referrals to other professionals as part of implementation. PS.9 requires the planner to establish implementation actions, responsibilities, sequencing, and timing, including situations involving another professional. PS.10 then requires completion of implementation actions for which the planner has accepted responsibility, with appropriate follow-up on professional referrals where the client has consented.
Collecting data occurs earlier when the planner obtains quantitative and qualitative client information.
Analysis evaluates the client's existing circumstances and possible strategies. Establishing the client/advisor relationship occurs at the beginning when scope, responsibilities, and engagement terms are defined.
Because Shelley is now arranging access to the legal expertise needed to carry out the estate-planning recommendation, the correct stage is implementation.
FPII reference/topic: Financial Planning Practice - financial planning process; implementation; coordination and referral to other professionals.
NEW QUESTION # 58
If an employee earns more than the yearly maximum pensionable earnings, but an employer continues to deduct Canada Pension Plan contributions, what will happen to the excess contributions?
Answer: B
Explanation:
Where an employee has contributed more CPP than required for the year, the excess employee contribution is ultimately refunded or credited through the individual's income tax return.
CRA specifically provides for CPP overpayments to be calculated on the applicable Schedule 8 or interprovincial CPP/QPP form. The excess is reported on the individual's tax return, and CRA will either refund it or apply it against another balance owing.
An employer that discovers an over-deduction during the same year should generally correct its payroll records and reimburse the employee directly. However, where the overpayment remains on the T4 and has not been reimbursed, CRA credits the excess when the employee files the personal return.
The excess is not transferred to an RRSP, nor is it automatically carried forward against the employee's CPP obligation for the next calendar year. CPP contribution calculations operate on an annual basis.
Option A is also incorrect because repayment of the employee's own excessive CPP deduction is not a taxable employment benefit.
Accordingly, within the circumstances presented in the question, option D is the correct treatment.
FPII reference/topic: Retirement Planning - Canada Pension Plan; maximum pensionable earnings; employee contributions; CPP overpayments and refunds.
NEW QUESTION # 59
Jo and Jordan have recently married. This is their second marriage, and they are planning to buy a cottage together. Their primary concern is leaving each of their interest to their respective children from their previous marriages. Which tenancy structure is their real estate lawyer likely to recommend?
Answer: A
Explanation:
Jo and Jordan should generally hold the cottage as tenants in common because each wants his or her ownership interest ultimately to pass to the respective children from a previous marriage.
Under a tenancy in common, each co-owner holds a distinct undivided interest in the property. That interest forms part of the owner's estate at death and can therefore be transferred under a will to designated beneficiaries. The ownership percentages can also be equal or unequal depending on how the acquisition is structured.
A joint tenancy produces a fundamentally different estate-planning consequence because it normally carries a right of survivorship. When one joint tenant dies, the deceased owner's interest ordinarily passes automatically to the surviving joint tenant rather than through the deceased's estate. That structure could frustrate Jo and Jordan's objective because the surviving spouse could ultimately obtain the entire cottage, leaving the deceased spouse's children without the intended property interest.
"Freehold" and "fee simple" describe forms or quality of ownership rather than the appropriate co-ownership arrangement between the spouses.
Therefore, tenancy in common provides the control and testamentary flexibility required in this blended- family situation.
FPII reference/topic: Estate Planning - property ownership; joint tenancy versus tenancy in common; right of survivorship; blended-family estate planning.
NEW QUESTION # 60
Kimberly, age 24, has few assets, and is single with no children. Kimberly has a 10-year-old niece Tanya who she would like her entire estate to be distributed to at death. She consults with her lawyer Jackie to write a will. What is the most important clause Jackie should add in Kimberly's will?
Answer: B
Explanation:
A discretionary encroachment clause is particularly important because Tanya is only 10 years old and may inherit Kimberly's estate while still a minor. Rather than requiring the estate property simply to remain untouched until Tanya reaches the stipulated distribution age, an encroachment provision permits the trustee to use trust capital for Tanya's benefit when appropriate.
The clause can authorize payments for matters such as education, health care, maintenance, accommodation, and general welfare. Estate-planning guidance concerning trusts for minors commonly provides trustees with authority to encroach upon income and capital for the minor's benefit before final distribution.
Option B is not the appropriate solution because Kimberly is Tanya's aunt. A will-maker's nomination of a guardian generally concerns the will-maker's own minor children and does not allow an aunt simply to replace the legal decision-making authority of Tanya's parents.
Trustee investment and administrative powers in option A are useful provisions, but they do not specifically address the beneficiary's need to access inheritance funds during minority. Funeral and debt-payment provisions likewise do not solve that central issue.
The discretionary encroachment clause therefore gives the estate trustee the flexibility necessary to provide appropriately for Tanya before she reaches the age for outright distribution.
FPII reference/topic: Estate Planning - wills; minor beneficiaries; testamentary trusts; trustee discretion; encroachment on capital.
NEW QUESTION # 61
What tax consideration should employers take into account when setting up a supplemental executive retirement plan (SERP)?
Answer: C
Explanation:
A Supplemental Executive Retirement Plan is generally an unregistered deferred compensation arrangement designed to provide highly compensated employees with retirement benefits beyond limits available through registered retirement arrangements.
Where the SERP is structured as an unfunded or notional arrangement, the employer normally records the promised benefit as an obligation rather than receiving an immediate deduction for a funded registered-plan contribution. The employer's deduction generally arises when the benefit is ultimately paid and becomes taxable compensation to the executive. Canadian SERP structures commonly use this deferred-deduction treatment.
This is an important distinction from a registered pension plan. A SERP is not simply registered with CRA so that unrestricted deductible contributions may be made. Its principal purpose is precisely to supplement benefits limited by the tax rules governing registered retirement arrangements.
A funded SERP can also involve a Retirement Compensation Arrangement, which brings a separate tax regime, including refundable tax on contributions to the RCA custodian. Therefore, the precise tax consequences depend on funding structure.
For the examination scenario, option C describes the core tax consideration associated with a conventional unfunded SERP: the employer's tax deduction is deferred until the retirement benefit is paid.
FPII reference/topic: Retirement Planning - SERPs; executive compensation; deferred compensation; registered versus non-registered retirement arrangements.
NEW QUESTION # 62
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