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NEW QUESTION # 45
How long does an executor have to make a spousal Registered Retirement Savings Plan contribution on behalf of a deceased person?
Answer: D
Explanation:
A deceased person's legal representative cannot make a contribution to the deceased individual's own RRSP after death. However, a special rule permits the legal representative to contribute to a surviving spouse's or common-law partner's RRSP using the deceased person's available RRSP deduction room.
CRA confirms that this contribution may be made during the calendar year of death or within the first 60 days after the end of that year. The qualifying amount may then be deducted on the deceased individual's final income tax return, subject to the deceased person's available RRSP deduction limit.
For example, if an individual dies in July and has unused RRSP room, the executor does not have only 60 days from July. The relevant deadline extends through the year of death and into the first 60 days of the following calendar year.
Option A therefore applies the 60-day period from the wrong starting point. Option B ends the contribution period too early, while option D substitutes an arbitrary six-month period that is not the RRSP rule.
The strategy can be valuable because it creates a final deduction while simultaneously increasing tax-deferred retirement savings for the surviving spouse.
FPII reference/topic: Retirement Planning - RRSPs at death; spousal RRSP contributions; executor planning; final tax return.
NEW QUESTION # 46
Mr. and Mrs. Morrone are retired with two adult children, Joseph and Christine. The Morrones appointed Joseph as their power of attorney several years earlier but they have recently become concerned about him making decisions, particularly on some contentious family property. How can the Morrones address their concern?
Answer: A
Explanation:
Granting authority jointly to Joseph and Christine is the most appropriate response because the Morrones' concern relates to Joseph exercising decision-making authority alone, particularly over contentious property.
Where two attorneys are appointed jointly, important decisions ordinarily require participation or agreement by both attorneys unless the governing document specifically provides otherwise. This introduces oversight and reduces the risk of unilateral action by one child. Ontario's substitute-decision legislation, for example, provides that where two or more attorneys are appointed, they act jointly unless the power of attorney specifies another arrangement. Similar mechanisms exist in other Canadian jurisdictions.
Making the document continuing or enduring, as in option B, addresses whether authority survives subsequent incapacity; it does not solve the concern regarding Joseph's unilateral decisions. Restricting the power to a particular time period may eventually terminate his authority but does not provide ongoing shared oversight.
Option D is particularly unsuitable because the identified concern already involves property decisions; giving Joseph sole property authority would not address that risk.
Joint appointment therefore directly responds to the governance problem while allowing the parents to retain a family-based attorney structure.
FPII reference/topic: Estate Planning - powers of attorney; appointment of multiple attorneys; joint authority; protection of property.
NEW QUESTION # 47
Franco is retiring from his job as a high school principal at the end of the year, at age 66. He has $100,000 in his group Registered Retirement Savings Plan (RRSP). His wife will continue to work for another 10 years, and he does not need money from his group RRSP. What would be the best retirement option for Franco?
Answer: B
Explanation:
Franco should transfer the funds to his own RRSP and maintain the tax-deferred accumulation until the statutory RRSP maturity deadline, then convert the account to a RRIF.
Franco is 66. An RRSP must mature no later than the end of the calendar year in which its annuitant reaches age 71. CRA therefore allows approximately another five years of RRSP tax deferral before Franco must withdraw the funds, purchase an eligible annuity, or transfer them to a Registered Retirement Income Fund.
Because he does not currently require income, immediate RRIF withdrawals would unnecessarily accelerate taxable retirement income. However, option B cannot be maintained until his wife retires in 10 years: Franco would then be approximately 76, well beyond the age at which his RRSP must mature.
A direct transfer to a spousal RRSP is not the appropriate mechanism for moving his existing group RRSP retirement assets. Leaving the funds indefinitely in the group arrangement also fails to recognize the age-71 maturity requirement.
Option C precisely matches the available time horizon: preserve RRSP tax deferral for about five years, then establish a RRIF.
FPII reference/topic: Retirement Planning - group RRSPs; RRSP maturity; age 71 conversion requirements; RRIF planning.
NEW QUESTION # 48
For spousal claims relating to joint family ventures, what does a proprietary award grant?
Answer: D
Explanation:
A proprietary award provides the claimant with an interest in specific property, rather than merely requiring the other party to pay money. The distinction is fundamental in unjust-enrichment and joint-family-venture analysis.
Where one spouse or partner has contributed to the acquisition, preservation, maintenance, or improvement of identifiable property and the legal requirements are satisfied, the court may impose a proprietary remedy, commonly through a constructive trust. Such a remedy recognizes a beneficial ownership interest in the property itself. Canadian jurisprudence distinguishes this from a monetary remedy, where the claimant simply receives compensation measured either by the value of services provided or by an appropriate share of wealth accumulated through the joint family venture.
Option A describes a monetary award, not a proprietary award. A right of first refusal does not constitute the standard equitable remedy arising from unjust enrichment, while an automatic equal division of future income is not the legal consequence of establishing a joint family venture.
Accordingly, the defining feature of a proprietary award is that the claimant receives a beneficial or ownership interest linked to a particular asset.
FPII reference/topic: Family Law - unjust enrichment; joint family venture; constructive trusts; monetary versus proprietary remedies.
NEW QUESTION # 49
The following table outlines details for a life insurance policy issued in 1995:
Details
Amounts
Cash surrender value
$8,000
Premiums paid
$6,000
Dividends declared
$1,500
Net cost of pure insurance
$750
Marginal tax rate
30%
Assuming the policy is completely surrendered, what are the taxes payable?
Answer: D
Explanation:
The taxable policy gain is determined by comparing the policy's surrender proceeds with its adjusted cost basis (ACB).
For this policy, the simplified ACB calculation is:
Premiums paid # policy dividends # net cost of pure insurance
Therefore:
$6,000 # $1,500 # $750 = $3,750 ACB
CRA guidance confirms that the ACB of a life insurance policy is increased principally by premiums and reduced by specified amounts including the net cost of pure insurance; policy dividends to which the policyholder becomes entitled also reduce the ACB.
The policy gain on surrender is therefore:
$8,000 cash surrender value # $3,750 ACB = $4,250 taxable policy gain
Apply the 30% marginal tax rate:
$4,250 ร 30% = $1,275
Therefore, option C is correct.
The $4,250 amount itself is not the tax payable; it is the amount included in taxable income under the simplified calculation. Applying the client's marginal tax rate determines the resulting tax liability.
FPII reference/topic: Insurance Planning - permanent life insurance; cash surrender; adjusted cost basis; net cost of pure insurance; policy gains.
NEW QUESTION # 50
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