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NEW QUESTION # 34
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 # 35
Maxwell is filing a rights or things tax return for his deceased mother. She had the following sources of income:
Debenture interest coupons.
Unpaid dividends declared before her death.
Old age security that was due before her death.
Income from a registered retirement savings plan (RRSP).
Which form of income will Maxwell have to exclude from the rights or things tax return?
Answer: A
Explanation:
Income associated with the deceased person's RRSP must be excluded from the optional Return for Rights or Things.
The rights-or-things return under subsection 70(2) of the Income Tax Act allows certain income amounts that had been earned or became receivable before death, but had not actually been received, to be reported separately from the deceased person's terminal return. CRA examples include matured bond coupons, accrued bond interest, qualifying pension amounts, and dividends declared before death but unpaid at death.
CRA's longstanding treatment specifically states that an annuitant is not considered to have a "right or thing" in respect of an RRSP. Instead, the tax treatment of the RRSP on death is governed by the separate RRSP death provisions, which generally bring the fair market value into income subject to applicable rollover and refund-of-premiums rules.
The unpaid dividend declared before death is a classic example of a right or thing. Accrued debenture or bond amounts can likewise qualify, as can eligible OAS amounts payable in respect of the period before death.
Therefore, the RRSP amount is the required exclusion.
FPII reference/topic: Estate Planning - taxation at death; rights or things return; RRSP taxation on death; optional tax returns.
NEW QUESTION # 36
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: D
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 # 37
Xin Yi is a surgeon looking to get a disability insurance plan. His advisor has presented him with the following options:
Policy
Definition
Elimination period (days)
A
Any
30
B
Any
60
C
Own
30
D
Own
60
Which policy will likely have the highest premiums?
Answer: A
Explanation:
Policy C combines the two features that create the greatest potential liability for the insurer: an own- occupation definition and the shortest elimination period of 30 days.
An own-occupation disability definition is particularly valuable for a highly specialized professional such as a surgeon. Under an own-occupation structure, inability to perform the material duties of the insured's particular occupation can qualify as disability even where the individual may remain capable of performing some other occupation. An "any occupation" definition is more restrictive and therefore normally represents lower insurance risk. Canadian disability-plan documentation similarly distinguishes own-occupation eligibility from broader any-occupation standards.
The elimination period is the period between the commencement of disability and the point at which benefits become payable. A shorter elimination period causes the insurer to begin paying earlier and therefore normally increases the premium. A 60-day waiting period shifts more short-duration disability risk back to the insured.
Policy C provides both the broader own-occupation definition and the shorter 30-day elimination period.
Policy D has comparable occupational protection but delays benefits for 60 days.
FPII reference/topic: Insurance Planning - disability insurance; definitions of disability; elimination periods; determinants of premiums.
NEW QUESTION # 38
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 # 39
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