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INSIGHTS

New Capital Gains Inclusion Rate

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Capital Gain Inclusion Rate Budget 2024
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DISCLAIMER

Please note that the information in this power point was based on the original Federal Budget Information and is to be updated.


  • This material is for educational purposes. Every effort has been made to ensure accuracy, but real-life situations are often very fact specific. Canada Revenue Agency (CRA) may not necessarily agree with all content.

  • Changes could be made to the Federal Budget proposals.

  • Budget proposals does not become law until receiving Royal Assent several months later. Once passed, Budget proposals become effective retroactively to the date of announcement or the date specified.

  • Professional advice should be obtained in any given situation

  • Impact CPA LLP and the presenters do not assume any liability for reliance on this material.


CAPITAL GAIN INCLUSION RATE

History of rate inclusion

Date Rate

To 1972 Nil

1972 – 1987 50%

1988 – 1989 66.7%

1990-1999 75%

2000-2024 50%

2024 66.67% proposed


Persons Affected

  • Investors with stock portfolios

  • Owners of rental properties

  • Owners of cottages and/or second homes

  • Business owners with gains not eligible for or over the Capital Gain Exemption

  • People who die

  • People who leave Canada

  • Owners of farms


Effective Date - on or after June 25, 2024

  • Corporations and Trusts – Increased inclusion from 50% to 66.667%

  • Individuals – first $250,000 annually remains at 50% inclusion excess of $250,000 increased to 66.667%

  • No special rules on death

  • Capital gain exempt under Capital Gain Exemption claim is excluded from $250,000 allowance

  • Capital losses and net capital loss carryovers applied first at 2/3 rate (if gain is at 2/3 rate).


Corporations

  • 2/3 inclusion rate , so only1/3 to CDA

  • Applies to disposition on or after June 25, 2024

  • No $250,000 allowance at 50% inclusion rate

  • No transition rule for gains on hand


Trusts

  • Capital gain retained in a Trust

  • Tax at 2/3 inclusion rate for dispositions on or after June 25, 2024

  • No $250,000 allowance at 50% ( even for graduated rate estate)


Reasons NOT to Trigger

  1. Prepayment of tax. Less left to invest

  2. Belief that 2/3 inclusion could be reversed (possibly even in 2025)

  3. For individual, can adopt gradual realization strategy within the $250,000 allowance

  4. Don’t want to be pushed to pay more tax

  5. Liquidity – don’t have the money

  6. Other Reasons, case by case


Reasons to Trigger

  1. Planned to sell assets shortly anyway.

  2. Elderly people, especially with no spouse, possibly facing deemed disposition in short time window

  3. People leaving Canada, accelerate to realize now

  4. Imminent application of 21 year rule for Trust, without other planning options

  5. Carry out capital gain strip (before no longer makes sense to do)

  6. Other reasons, case by case.


What is Time Value of Money Analysis

  • Trigger now at 1/2 vs future at 2/3 rate

  • Over what period of time does time value of money make this sensible?


Examples

Assumptions

  • 2/3 inclusion rate will be permanent (will not change in foreseeable future)

  • Discounted rate at 5%

  • After income tax effect tax

  • Ignore $250,000 allowance

  • Taxed at top personal bracket (Ontario – 53.5%)

Assume capital gain of $100 using Ontario top personal tax rate

  • Sell now, tax is $26.75 Left with $73.25

  • Sell later, tax is $35.66 Left with $64.33

  • Difference - $8.92


How long do you need to invest $100 to receive $9 after tax?

Assume discount rate is Rate Year

2% 5

3% 3

4% 2.33

5% 2

6% 1.5

7% 1.25%



Alternative Minimum Tax (AMT)

  • Triggering capital gains in 2024 may cause AMT

  • Depending on the personal profile, amount of gains, etc

  • If AMT paid, can be recovered over 7 years

  • Need to evaluate before recommending large gains be triggered before June 25, 2024

General Anti-Avoidance Rule (GAAR)

  • Amended GAAR rule apply from 2024 onward

  • CRA has 3 extra years to reassess under GAAR

  • Once passed into law, 25% penalty applies on re-assessment

  • New GAAR give CRA more arguments to succeed

  • Disclosure to CRA may avoid 25% penalty and extra reassessment period


Individuals – Pre June 25, 2024

Assumptions

  • Capital Gain - $1,000,000

  • Taxable Gain - (50%) - $500,000

  • Top tax bracket in Ontario – 53.5%

Tax is $267,500 (effective rate – 26.75%)


Individuals – Post June 24, 2024

Assumptions:

  • Capital Gain - $1,000,000

  • Taxable Gain- ($250,000@50%, bal @ 66.7%) -$625,000

  • Top tax bracket in Ontario – 53.5%

Tax is $334,375 (effective rate – 33.44%)


Corporations – Pre- June 25, 2024

Assumptions:

  • Capital Gain - $1,000,000

  • Taxable Gain - (50%) - $500,000

  • Corporate tax rate is 50.17%

  • NERDTOH rate 1s 30.67%

  • Top personal tax bracket in Ontario – 53.5%


Corporate Tax is $250,850 (with a dividend of $402,483 triggering a NERDOH of $153,333, Tax is dropped to $97,517).

Personal tax on the dividend is $192,154

Net to individual is $710,329 (effective tax rate is 28.97%)


Corporations – Post- June 24, 2024

Assumptions

  • Capital Gain - $1,000,000

  • Taxable Gain - (66.67%) - $666,666

  • Corporate tax rate is 50.17%

  • NERDTOH rate 1s 30.67%

  • Top personal tax bracket in Ontario – 53.5%


Corporate Tax is $333,334 (with a dividend of $536,644 triggering a NERDOH of $204,444. Tax is dropped to $130,022).

Personal tax on the dividend is $256,206

Net to individual is $613,772 (effective tax rate is 38.62%)

Extra 9.65%


Planning Strategies

  1. Capital Gain Strip

  2. Rollovers

  3. Spread Gains for individuals – Partial sale

  4. Reserve


Cannot use if NR in year or following year

Cannot use on sale to own corporation or partnership (controlled)

Can use for sale to Arm’s length person, spouse or family members, trusts, or corporations not controlled by seller


Originally Presented on May 18, 2024 by:

Ben Seto, FCPA, FCA, LPA

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