By
Gigi Suhanic
You Ask, We Answer
Financial Post
June 8, 2002
Question: The
Canada Customs and Revenue Agency has asked me
to send them $3,200 per quarter for income taxes.
By my calculations, I won't owe that much this
year. What would be the consequences of me not
sending any instalments, but sending the whole
amount before the Dec. 15 requirement?
Answer: "The strategy for determining
instalment payment requirements is part art and part science," says a certified
management accountant and a certified financial planner in Vancouver. The downside
risk of not paying enough may result in instalment interest being charged for
"late and/or insufficient instalments."
The upside risk from paying too much is the government has the use of your
money interest-free for a large part of a year.
If you send what CCRA asks for, but all in December, then "late"
instalment interest will be charged.
Adrian Mastracci, fee-only investment counsel at
KCM Wealth Management, says, The rules
concerning the sale of a principal residence are complex, and are outlined in
an interpretation
bulletin issued by the CCRA.
Question: What is the industry standard
or, alternatively, a reasonable standard for the length of time it should take
a financial services company to transfer locked-in RRSPs from an individual to
a former spouse as per the terms of a separation agreement?
Answer: There is no industry standard for
the length of time it should take to transfer a locked-in RRSP in this particular
scenario, says a vice-president of taxation and estate planning in Toronto. There
are a number of items that need to be provided to the transferor fund company
before it allows such a transfer, which might cause a delay.
For example, we would require a Canada Customs and Revenue Agency Form T2220
signed by both spouses. We would also require a copy of the original separation
agreement, divorce decree, or court order in which there is a clause indicating
how the RRSP is to be split. Finally, before transferring the funds to another
institution's locked-in account, we would also require the receiving institution
to sign our locking-in agreement.
If all the documents are received in good order and no additional information
is required, the transfer would be executed immediately. From our experience,
if the funds are going to another institution and are to remain locked-in, there
may be some delay before the receiving institution signs and sends back the locking-in
agreement.
Editor's note: For a straightforward transfer of an RRSP account by the same
person from one dealer to another, the Investment Dealers Association stipulates
a timeframe of 10 days. However, the 10 days are calculated from the date by which
the firm delivering the account completes the necessary data input into an electronic
transfer network. Delays can be caused by, among other things, the transfer of
assets from one owner to another.
Question: I have a question concerning
capital gains tax on a primary residence. My mother developed Alzheimer's disease
and is now in a care unit. I hold power of attorney on her behalf and am contemplating
selling her house. As she is no longer living there would the sale attract capital
gains?
Answer: The rules concerning the sale of
a principal residence are complex, says Adrian Mastracci of Vancouver-based KCM
Wealth Management, and are outlined in an interpretation bulletin issued by the
CCRA.
Generally, a property qualifies as a principal residence if it is a housing
unit the taxpayer owns and lives in. If the house is not occupied, it can qualify
as a principal residence for up to four years under a special election.
Unlike our cousins to the South, selling a principal residence in Canada does
not attract tax on the capital gains. Assuming that your mother vacated her home
in the recent past, the sale proceeds should not attract taxation.
Question: If I am taking an on-line course
from the University of New Brunswick, which requires a computer and high-speed
Internet, can I claim my computer and my Internet payments?
Answer: The computer and Internet would
not be eligible under CCRA's tuition and education rules since only actual course
fees qualify, says a regional vice-president in Toronto.
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