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Keeping the
Cottage in the Family
Part of the joy of living well is owning a second
home--that cottage by the water or in the mountains. The kids
still love it. So do you. The longer you have owned it, the
greater it's potential value. When you die, Canada Revenue
Agency (CRA) figures that appreciation as your capital gain,
and the tax is levied. The tax trap is if you have too little
cash to pay your tax bill, CRA may require the cottage (and
other assets) be liquidated to raise the cash. The money is
due when your final tax return is filed.
A solution is available if your
intent is to keep the family cottage in the family, and make
sure it's affordable. Consider the following strategies with
your financial advisors.
- Transfer the cottage to your children right now.
Most people start here. They should also consider two
cumulative pitfalls that accompany this strategy. First, you
cannot sell it off to your children for a song. CRA will
claim that you sold if at fair market value, and then tax
appropriately. Second, your children establish their cost
basis on the selling price (the lower value you tried to
use), so their eventual capital gains will be that much
higher!
- Establish a Cottage Trust. Unlike a testamentary
trust, which takes effect when you die, this is an
intervivos or living trust. Trusts are popular because they
provide you with control over the assets, which are
distributed to the beneficiaries at some future time.
Intervivos trusts are usually flexible so you will not have
to make any final decisions now.
- Make the Cottage your Principal Residence. If
your cottage has appreciated more than your home, this might
make good sense for you. This shelters the full amount of
future gains if you transfer ownership to a family member
now, or favourably increase the adjusted cost base of the
cottage, thus reducing the taxable capital gains when you
sell the cottage or die.
- Insure the funding of the final tax on the
cottage. Joint and Last-to-die Life Insurance can serve
a special purpose here. When a couple buys it, the benefit
will be paid on the second death. That is when the taxes
will be due. Each spouse wills the cottage to the other.
When the surviving spouse dies, the insurance benefit is
paid to the beneficiary or the estate, providing the cash
needed to pay the tax bill. The cottage itself is left to
the children in the will.
Cottage season is in full swing.
The Labour Day weekend is within sight. Enjoy your time away
from the city but remember that CRA owns a portion of your
property. Do what you can to ensure enjoyment for generations
to come.
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