Professional Documents
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Fpi TXT-2021 03 en V01
Fpi TXT-2021 03 en V01
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PREPARED &
PUBLISHED BY CSI
200 Wellington Street West, 15th Floor • Toronto, Ontario M5V 3C7
625 René-Lévesque Blvd West, 4th Floor • Montréal, Québec H3B 1R2
Website www.csi.ca
ISBN: 978-1-77176-384-4
Content Overview
1 Managing the Financial Planning Process
2 Budgeting and Consumer Lending
3 Mortgages
4 Taxation
5 Investments
6 Retirement
7 Wills and Powers of Attorney
8 Risk Management and Life Insurance
Table of Contents
3 Mortgages
3•3 INTRODUCTION
3 • 23 CREDITOR INSURANCE
3 • 23 Introduction
3 • 25 Creditor Life Insurance
3 • 28 Creditor Loss-of-Job Insurance
3 • 28 Creditor Disability Insurance
3 • 29 Creditor Critical Illness Insurance
3 • 29 REGULATORY CONSIDERATIONS WHEN SELLING CREDITOR INSURANCE
4 Taxation
4•3 THE CANADIAN TAX SYSTEM
4•3 Introduction to Taxation
4•3 The Canadian Approach to Taxation
4•4 Financial Planning and Taxation
4•8 WHAT YOU HAVE LEARNED!
4•8 The Canadian Tax System
4•9 Working with your Client
4 • 10 PERSONAL INCOME TAX RETURNS
4 • 10 How Taxes are Calculated
4 • 12 Federal and Provincial Taxes
4 • 13 Tax Deductions and Tax Credits
4 • 15 Average and Marginal Tax Rates
4 • 17 WHAT YOU HAVE LEARNED!
4 • 17 Personal Income Tax Returns
4 • 18 Working with your Client
4 • 18 TYPES OF INCOME
4 • 18 Employment Income
4 • 22 Business Income
4 • 27 Investment Income
4 • 31 Taxable Capital Gains
4 • 34 Other Income
5 Investments
5•3 INVESTMENT THEORY – RISK AND RETURN
5•7 Interest Rate Risk
5•9 WHAT YOU HAVE LEARNED!
5•9 Risk and Return
5•9 Working with your Client
5 • 10 TYPES OF INVESTMENTS
5 • 10 Government Investment Products
5 • 11 Guaranteed Investment Certificates (GICs)
5 • 12 Mutual Funds
5 • 13 Stocks
5 • 15 WHAT YOU HAVE LEARNED!
5 • 15 Non-Registered Investments
5 • 15 Working with your Client
5 • 16 REGISTERED EDUCATION SAVINGS PLANS (RESPs)
5 • 16 Types of RESPs
5 • 17 General Features of Registered Education Savings Plans
5 • 19 Canada Education Savings Grant (CESG)
5 • 21 Canada Learning Bond (CLB)
5 • 21 WHAT YOU HAVE LEARNED!
5 • 21 Registered Educational Savings Plans (RESPs)
5 • 22 Working with your Client
5 • 22 TAX-FREE SAVINGS ACCOUNTS (TFSAs)
5 • 23 Tax-Free Savings Accounts Rules
5 • 25 TFSAs and RRSPs
5 • 28 WHAT YOU HAVE LEARNED!
5 • 28 Tax Free Savings Accounts (TFSAs)
5 • 29 Working with your Client
6 Retirement
6•3 REGISTERED RETIREMENT SAVINGS PLANS (RRSPs)
6•3 The Advantages and Disadvantages of RRSPs
6•4 Tax Benefits
6•4 Contribution Limits
6•6 Carry-Forward Provisions and Over-Contribution Rules
6•7 Spousal Plans
6•9 Self-Directed RRSPs
6 • 10 Qualified Investments for RRSPs
6 • 11 Withdrawals from an RRSP
6 • 13 Deregistration
6 • 13 Home Buyers’ Plan
6 • 15 Lifelong Learning Plan
6 • 16 WHAT YOU HAVE LEARNED!
6 • 16 Registered Retirement Savings Plans (RRSPs)
6 • 16 Working with your Client
6 • 17 REGISTERED RETIREMENT INCOME FUNDS (RRIFs)
6 • 17 Using a RRIF Effectively
6 • 18 Qualified and Unqualified Investments in a RRIF
6 • 19 Withdrawals from a RRIF
6 • 20 WHAT YOU HAVE LEARNED!
6 • 20 Registered Retirement Income Funds (RRIFs)
6 • 20 Working with your Client
6 • 20 REGISTERED PENSION PLANS (RPPs)
6 • 21 The Advantages and Disadvantages of RPPs
6 • 21 Defined Contribution Plans (Money Purchase Pension Plans)
6 • 22 Defined Benefit Plans
6 • 23 Contribution Limits
6 • 24 Defined Contribution Plans vs. Defined Benefit Plans
6 • 25 Pension Adjustment Calculations (PA)
6 • 26 Pension Adjustment Reversals (PAR)
6 • 26 Vesting and Locking-in Provisions
7 • 21 INTESTACY
7 • 21 Failure to Make a Will
7 • 21 Impact on the Estate by Dying Intestate
7 • 22 Distribution of Assets without a Valid Will
7 • 22 Provincial Statutory Requirements with an Intestacy
7 • 23 PROBATE
7 • 24 Letters Probate
7 • 25 The Process of Probating a Will
7 • 28 WHAT YOU HAVE LEARNED!
7 • 28 Wills
7 • 28 Working with your Client
7 • 28 PURPOSE OF POWERS OF ATTORNEY
7 • 29 Objectives of a Power of Attorney
7 • 29 Incapacity
7 • 29 POWERS OF ATTORNEY FOR PROPERTY AND MANDATES
7 • 30 Enduring or Continuing Powers of Attorney
7 • 30 Mandates and Protection Mandates
7 • 30 Scope of the Powers of a Power of Attorney
7 • 33 POWERS OF ATTORNEY FOR PERSONAL CARE AND LIVING WILLS
7 • 34 Living Wills and Advance Care Directives
7 • 34 Difference Between Powers of Attorney for Personal Care and Powers
of Attorney for Property
7 • 34 Decision Making Powers
7 • 35 WHAT YOU HAVE LEARNED!
7 • 35 Powers of Attorney
7 • 35 Working with your Client
3 | Describe the components and process of the The Full Service Offer
full service offer.
4 | Explain the steps in the financial planning The Financial Planning Process
process.
KEY TERMS
The Key Terms list targets some significant concepts covered in the textbook. Key terms appear
in bold text in each chapter to help you focus your study efforts on these important topics.
initial interview
The role of the advisor in the financial services industry has changed in recent years from one that is product driven
to one that is client driven.
In the product driven role, the advisor engages with the client to sell products. Each encounter is focused on a single
transaction. The product driven advisor provides what the client requests or else focuses on selling specific products
that the client may or may not need.
The client driven role, on the other hand, is the basis of relationship building, where the advisor’s focus is not
on selling products but on building relationships with clients, matching products and services to their needs and
referring them to business partners where necessary.
As you learn about advising in the financial services industry, you will see that the role of the advisor is to take the
client-driven, relationship-building approach. By focusing on your clients’ goals, identifying barriers and providing
products and services that meet their needs, you will lay the foundation for a long-term relationship that is built
on trust.
The old model of financial services was a reactive model, where the advisor responded to client needs by doing only
what was asked, or by selling as many products as possible, regardless of need.
The advisor today who takes a proactive approach is better able to assist clients in defining their needs and
assessing which financial products and services would be most appropriate for their personal financial situation.
By lifestyle, we mean the way we live. Lifestyle is reflected in the type of car we drive, the house we buy,
the types of activities we engage in and the way we spend our money.
Your clients may identify some lifestyle goals as priorities; however, it is not always possible to meet all their
goals or to live the lifestyle they want. Your clients must make choices, and you must work with them to prioritize
their goals.
Some clients who live beyond their means through a lifestyle they cannot afford may be in financial difficulty. In
that case, your role is to help your clients to set the elimination of excessive personal debt as their first goal and to
develop strategies to help them reach it.
Most of your clients have dreams of planning for retirement, establishing an educational fund for their
children, buying a new house, building a cottage, or taking a vacation, among others. Your role as an
advisor is to assess, “Which of those dreams are realistic? Which are the most important? And what
steps can you take to realize them?”
Regulations Changes in regulations governing financial institutions have moved the industry
towards an integrated financial services market. This means that you have a more
complete package of products and services to offer a client. One of your roles as an
advisor is to give your clients complete information to help them choose the products
and services they need from the many options available. This means knowing your
clients’ goals and having the knowledge to suggest viable alternatives.
Technology Because of technological innovations such as automatic banking machines and online
banking, many clients will no longer come to you for simple transactions that they can
perform themselves. Rather, they will come to you with complex questions and needs.
Technology has also made it possible for financial institutions to develop and offer a
much broader range of products and services. Where financial institutions once had
only two kinds of accounts, chequing and savings, they now have over 100 products
available. This product proliferation can be confusing for clients and increases the
importance of having a professional who knows the institution’s products and services
and can provide valuable advice.
These changes mean that your role as an advisor is more complex and you have access to a greater range of products
and services. Remember to take an approach that focuses on building a relationship with your clients and providing
the advice they need, rather than selling products to them without consideration of their individual situation.
Your role is not to sell specific products but to provide the financial information that allows your clients
to make informed decisions.
Clients with many needs may choose to go to a banker, an insurance agent and a broker to get something different
from each one. Under decreased regulation, they also have the option to go to one source with the knowledge and
skills to provide all of the services required.
Clients who are overwhelmed with choices will appreciate a knowledgeable and trustworthy advisor who will work
with them to help them define their objectives and to provide the products and services they need to meet those
objectives. On the other hand, clients who are dissatisfied with the service they receive will find it easier than ever to
find another provider.
Remember that your clients must be satisfied with the choices they make. While your knowledge of products and
services is of value in helping your clients to make decisions, your most important role is to help them identify their
needs and goals and develop strategies to meet them.
EXAMPLE
Max and Sonia Breton plan to have a child soon and their goal is to buy a bigger house. What other needs are
they likely to have related to this decision? They will need money for clothes and baby equipment, and they may
need to pay for child care. Based on this information, how would you help them to adjust their financial situation
to reach their goal?
EXAMPLE
If Max and Sonia’s goal was to save 10% of their income and they only managed to save 5%, examine the reasons
why:
• Was their goal unrealistic?
• Did they have unexpected expenses?
• Was their income lower than expected?
• Did they fail to provide enough information to make a proper assessment and recommendations?
Depending on the diagnosis, adjust the strategy and propose a new course of action.
From Max and Sonia’s perspective, the periodic review will help to monitor progress and provide encouragement.
This will help you to develop a strong relationship with them.
“WHAT IS MORE IMPORTANT TO YOU,” ASKS BRYAN, “GOING TO ITALY OR BUYING A HOUSE?”
“IF WE HAVE TO CHOOSE,” SAYS MAX, “I SUPPOSE THE HOUSE IS MORE IMPORTANT.”
“LET’S SUPPOSE YOU TAKE THAT TRIP TO ITALY. TAKING FROM YOUR SAVINGS WOULD REDUCE
THE AMOUNT YOU HAVE FOR A DOWN PAYMENT. YOU’RE ALREADY SHORT OF WHAT YOU WILL
NEED. AND REMEMBER, YOU’LL NEED TO BUY A LOT OF NEW CLOTHING AND FURNITURE FOR
THE BABY AS WELL.”
“WHAT IF WE PUT OFF THE TRIP TO ITALY?” ASKS SONIA. “DOES THAT MAKE THE IDEA OF BUYING
A HOUSE MORE REASONABLE?”
“IT’S PERFECTLY REASONABLE,” SAYS BRYAN. “LET ME EXPLAIN SOME SAVINGS OPTIONS FOR
YOU AND WE’LL CALCULATE HOW LONG IT WILL TAKE.”
Bryan describes some savings vehicles that will protect their savings and offer a small
return. Sonia and Max calculate that if they manage to put 10% of their income in savings
every month, they should have added enough to their savings to purchase a house in their
desired neighbourhood in 18 months.
Bryan suggests that they meet again at the half-way point to make sure they are staying
on track.
Some clients who look for help with financial planning may do so as a conscious decision to take control of their
financial affairs before a problem arises. Others may come to financial planning only after problems have occurred.
In either case, good financial planning will help your clients to set and meet financial goals that will enhance their
financial security.
As an advisor, you will help your clients by assessing their current financial situation to uncover real or potential
problems, and by identifying their objectives. Then, you will use information gained from that process to formulate
and implement financial recommendations.
In some cases, you may need to direct your clients to specialists and professionals who can provide specific products
or services that you may not be qualified to provide.
Typically, the financial planning process can be divided into the following steps:
1. Establish the client/advisor relationship
2. Collect data and information
3. Analyze data and information
4. Recommend strategies to meet goals
5. Implement recommendations
6. Conduct a periodic review or follow-up
Although financial planning involves the same set of steps for each client, an effective plan is a unique and specific
plan that addresses the distinct needs of each client.
Clients expect financial plans to be both efficient and effective. An efficient plan produces the best
results for the least money, while an effective plan delivers desired results.
As you learn the steps in the financial planning process, you will discover how to respond to your clients’ needs by
building a careful plan to address their unique circumstances and goals. Through this process, your clients will be
able to assess their current financial situation, set realistic goals for the future and follow your recommendations to
achieve these goals.
If the initial interview is successful, formalize the relationship with either a letter of engagement or a professional
service contract. The letter or contract should clearly and unambiguously outline the following:
• What information the advisor will require
• What services the advisor will provide
• How and by whom the advisor will be compensated
• How and by whom other professionals will be compensated
• How long the professional relationship is expected to last
DIVE DEEPER
Find the Sample Letter of Engagement Job Aid in your online learning material.
Your clients also expect and deserve a high level of professionalism and ethics from you as their advisor. By
following a code of conduct to meet their expectations, you will develop lasting relationships that are built on trust
and mutual respect.
Your responsibilities to your clients are as follows:
Professionalism Be competent, knowledgeable and up to date regarding all aspects of the financial
services industry.
Confidentiality Respect your clients’ privacy and treat their information with confidentiality.
Objectivity Do not make recommendations that benefit you or your institution when there are
other products and services that might better suit your clients.
Diligence Investigate products or services before you recommend them and closely supervise
others who are involved in the planning process.
Bryan explains the planning process and describes some possible savings strategies.
“IT’S POSSIBLE THAT YOU WILL WANT TO TALK TO A RETIREMENT SPECIALIST AS WELL. IF SO, I CAN
GIVE YOU A REFERRAL,” SAYS BRYAN.
“I GET PAID A SALARY BY THE INSTITUTION I WORK FOR,” SAYS BRYAN. “A RETIREMENT SPECIALIST
WILL CHARGE A FEE FOR SERVICE AND A SMALL PERCENTAGE OF INCOME EARNED FROM YOUR
ASSETS.”
“THAT SOUNDS FAIR. I WOULD LIKE TO WORK WITH YOU,” SAYS ALBERT.
“WHAT IS THE NEXT STEP?”
“WE’LL SET UP AN APPOINTMENT TO DISCUSS A PLAN OF ACTION. IN THE MEANTIME, I’LL DRAW
UP A LETTER OF ENGAGEMENT AND GET IT TO YOU BEFORE OUR MEETING SO YOU CAN REVIEW
IT AHEAD OF TIME. I’LL ALSO MAKE A LIST OF INFORMATION I WOULD LIKE YOU TO BRING TO
OUR MEETING.”
To win the trust and confidence of your clients, you must communicate empathy and professionalism.
Before you ask your clients any questions, be sure to acknowledge the sensitive nature of the
information they will be providing, explain why it is necessary that they provide it and reassure them
that you will treat it with the utmost confidentiality.
The type of data you will gather to do this is both qualitative data and quantitative data.
Qualitative Qualitative data is any information that helps you to assess your clients’ understanding
of economic concepts and to determine their tolerance for risk. Qualitative questions
will also help you to identify areas where goals and attitudes may conflict so you can
help your clients to establish reasonable objectives and priorities.
Look at the table below to see an explanation and example of each characteristic:
Specific and Encouraging clients to set specific, A client who wishes to be “comfortable after
measurable measurable targets instead of vague and retirement” should state the dollar amount it
general goals serves two functions: would take to achieve the desired level of comfort.
• It helps to clearly and explicitly
define financial objectives.
• It helps to measure and monitor the
performance of the financial plan.
Ordered Because resources are typically limited, A client expects to have $10,000 to spare next
in level of your clients should prioritize their year. To decide whether she should use the money
importance goals and focus on achieving the most to pay down her mortgage or boost her RRSP, your
important first. client must decide which she values more: being
debt free or building her retirement fund.
Defined by Setting a time frame in which to achieve A client wishes to establish a fund to pay for his
time frame goals helps to define the objectives three-year-old daughter’s future college education.
more specifically and provides periodic To achieve his goal, he needs to put aside $2,000
milestones that allow progress to be each year for the next 15 years.
monitored.
Clients should be encouraged to start financial planning as soon as possible. By saving and investing
early in life, they will be better prepared to meet financial emergencies that may arise.
Acceptable in Assessing the level of risk that your If a client is averse to risk, her investment portfolio
level of risk clients are willing to accept will help to may be concentrated in money market or fixed
determine which investment strategies income instruments.
can be pursued to achieve a specific
Remember to consider the effect a particular
financial goal.
financial decision might have on other objectives.
For example, investing in bonds instead of equities
might decrease the risk but increase the tax
consequences.
Keep in mind that the goals and objectives that are defined at the outset of the planning process may
change over time. For example, if there is a new addition to the family, the client may need to set up
another education fund. Or if a family member falls ill, adding to an emergency fund may take priority
over funding education.
DIVE DEEPER
Find the Financial Planning Questionnaire Job Aid in your online learning material.
Implicit data While some data is explicit and can be readily perceived by examining the financial
documents, the advisor must determine some implicit information.
For example, one of the critical qualitative pieces of information that the advisor needs
to gather is a client’s attitude towards risk. Risk tolerance has a direct bearing on asset
allocation within the investment portfolio which, in turn, affects the portfolio return. A
client’s risk tolerance is evaluated by means of interviews and a detailed questionnaire.
Two-way process Information exchange is a two-way process. While the advisor collects qualitative and
quantitative data from the client, some important information is passed along to the
client as well.
For example, the advisor’s fee structure must be specified and the client must be made
aware of the costs associated with implementing the plan.
Confidentiality In creating the client’s financial profile, the advisor will be privy to sensitive personal
and financial information. This information must be kept in strict confidence and used
solely for the purpose of structuring and implementing the financial plan.
COLLECTING DATA:
• When collecting data, ask your client to provide as much information as possible to create a complete and
accurate financial profile
• Reassure your client of your respect for confidentiality
• Interview your client to collect qualitative data such as goals, financial priorities, their level of financial
knowledge and risk tolerance
• Collect quantitative data by asking your client to provide records of income, expenses, assets, liabilities, legal
agreements, insurance policies and other documents related to their financial situation
• Obtain additional data at a second meeting
• Use the information you have collected to
A. Define and prioritize your clients’ goals, making sure the goals are:
Specific and measurable
Ordered in level of importance
Defined by time frame
Acceptable in level of risk
B. Create a financial profile by gathering data related to income and expenses, assets and liabilities, special
needs and all other aspects of your client’s finances and living situation.
• Remember that data collection is a confidential, two-way process and that while some data is explicit and
available by examining documents, other information is implicit and must be inferred by asking the right
questions and listening to your clients.
“THANK YOU,” SAYS BRYAN. “I REALIZE I’M ASKING FOR SOME VERY SENSITIVE AND PRIVATE
INFORMATION, BUT IT’S NECESSARY TO CREATE AN ACCURATE FINANCIAL PROFILE. I ASSURE
YOU I’LL TREAT THIS INFORMATION WITH COMPLETE CONFIDENTIALITY.”
“I HAVE A QUESTIONNAIRE I’D LIKE YOU TO COMPLETE,” SAYS BRYAN, “BUT FIRST I’D LIKE TO ASK
YOU A FEW QUESTIONS. FIRST, WHAT ARE YOUR FINANCIAL OBJECTIVES?”
“YOU’LL BE 56 IN 15 YEARS,” SAYS BRYAN. “YOU SHOULD PLAN TO BE AROUND FOR AT LEAST
ANOTHER 30 YEARS FROM THAT POINT. HOW MUCH MONEY DO YOU THINK YOU WILL NEED TO
LIVE ON?” ASKS BRYAN.
Bryan determines from his interview with Albert that Albert is not very familiar with financial
concepts and that, while he states that one of his goals is to invest in an equity mutual fund, his
risk tolerance is actually quite low.
“WHEN WE MEET NEXT TIME,” BRYAN SAYS, “WE CAN TALK ABOUT SOME POSSIBLE SAVINGS
STRATEGIES FOR YOU. IN THE MEANTIME, I WOULD LIKE TO HAVE A LOOK AT YOUR TAX RETURN
FROM LAST YEAR. WOULD YOU MIND BRINGING IT NEXT TIME WE MEET?”
By asking questions and gathering documents, Bryan has collected the data he needs to create
a financial profile for Albert.
Remember that your clients’ financial profiles should always be examined relative to their stated
objectives.
A second meeting may be required to obtain additional data or to discuss modifying goals which may be
unachievable.
This will require not only skill in preparing and presenting the data, but also skill in counseling the client to make
decisions and accept more realistic goals.
Some types of unrealistic goals which might arise and possible solutions are shown below:
• Identify potential problems that would adversely affect your clients’ financial plan in the future. Some examples
may be:
A lack of retirement planning
The absence of an emergency fund
• If necessary, modify the stated objectives or the priority of these objectives.
• Evaluate current and forecasted economic conditions and incorporate them into the analysis.
• Carry out the analysis in strict accordance with legal and ethical requirements.
Remember to identify problem areas and opportunities before recommending a financial plan and
provide your clients with realistic expectations.
Also, be sure to alert your clients to the fact that inflation and changes in the economic environment will
affect their financial plan.
ANALYZING INFORMATION:
• Compare your clients’ current position with projections for the future
• Assess the feasibility of each financial goal
• Highlight areas where further information is needed and identify where there are inconsistencies or gaps in
information
• Identify gaps, opportunities and potential problems
• Modify goals which may be unachievable
• Incorporate current and forecasted economic conditions
• Act in strict accordance with legal and ethical requirements
“ALBERT,” SAYS BRYAN, “YOUR GOAL IS TO RETIRE IN 15 YEARS. THE FACT THAT YOU’RE CARRYING
NO DEBT PUTS YOU IN A STRONG POSITION. YOU HAVE $75,000 IN AN RRSP RIGHT NOW AS
WELL AS A PENSION PLAN, BUT IT WILL STILL BE A CHALLENGE TO SAVE ENOUGH TO RETIRE THAT
SOON. WOULD YOU SAY THAT RETIRING AT 56 IS A REASONABLE GOAL?”
“I MAKE A GOOD INCOME,” SAYS ALBERT, “AND WITH A GOOD RETURN ON MY SAVINGS, I THINK
I CAN DO IT.”
“ALSO, AS THINGS STAND, YOU HAVE ONLY MINOR INSURANCE COVERAGE AND VERY LITTLE
SAVINGS OTHER THAN YOUR RRSP SAVINGS IF YOU SHOULD FIND YOURSELF UNEMPLOYED. IT’S
GOOD TO HAVE A CUSHION IN CASE OF AN EMERGENCY.”
“AND YOU DO HAVE A GOOD INCOME, BUT YOUR EXPENSES ARE HIGH.”
Bryan calculates what Albert would need to save to retire in 15 years with his desired
income. He points out that inflation will take a bite out of Albert’s savings, and he stresses
that Albert should also be directing some savings into an emergency fund that is easily
accessible.
Albert is somewhat dismayed to see how much money he will need to save to achieve his
goal. Bryan modifies the calculation to increase Albert’s age of retirement by five years
and to reduce the amount of his post-retirement income.
“I CAN DO THAT,” SAYS ALBERT, “BUT I WISH I’D GOT AN EARLIER START AT IT.”
EXAMPLE
If one of your clients’ goals is to improve cash flow, you must determine with them which alternative will work
best—increasing income or cutting expenses.
To make projections and recommendations, you will need to make certain assumptions, including rates of return
expectations, inflation rate, life expectancy, changes in income and future tax rates.
It is critical to note that while you as the advisor recommend strategies and suggest alternatives to meet
your clients’ goals, the final decisions regarding your recommendations must be made by your clients. The
recommendation process is a process of two-way communication with your clients.
Remember to tailor your recommendations to meet your clients’ financial objectives without compelling
them to buy any particular investment product.
“ALBERT,” SAYS BRYAN, “BASED ON OUR CONVERSATION AND ON YOUR FINANCIAL PROFILE, I
SUGGEST THAT YOU CONCENTRATE ON CREATING A POOL OF FUNDS TO FALL BACK ON IN AN
EMERGENCY BEFORE YOU DO ANYTHING ELSE. IDEALLY, YOU SHOULD HAVE AT LEAST THREE TO
SIX MONTHS’ LIVING EXPENSES SET ASIDE TO TIDE YOU OVER IN CASE OF EMERGENCY. AFTER
THAT, I SUGGEST THAT WE SET UP AN RRSP TO WHICH YOU CAN MAKE REGULAR MONTHLY
CONTRIBUTIONS OF $500. I THINK YOU CAN MANAGE THOSE CONTRIBUTIONS WITHOUT TOO
MUCH STRESS.”
“ANOTHER OPTION IS TO REDUCE YOUR EXPENSES BY, SAY, EATING OUT LESS FREQUENTLY AND
MOVING TO A LESS EXPENSIVE APARTMENT. THAT WAY, YOU CAN SAVE MORE EVERY MONTH AND
RETIRE WITH MORE INCOME, OR RETIRE EARLIER. WHAT ARE YOUR THOUGHTS ON THE MATTER?”
“I SEE WHAT YOU’RE SAYING ABOUT THE EMERGENCY FUND,” SAYS ALBERT. “I’M NOT WORRIED
ABOUT THAT, THOUGH. MY JOB IS VERY STABLE AND I DO HAVE SOME WORKPLACE INSURANCE
IN CASE I GET SICK. I WOULD LIKE TO START SAVING AS MUCH AS POSSIBLE RIGHT NOW FOR MY
RETIREMENT. AND I’LL TRY TO REDUCE MY EXPENSES SO I CAN SAVE MORE.”
“I’LL DIRECT YOU TO A RETIREMENT SPECIALIST WHO CAN HELP YOU DECIDE HOW TO INVEST
YOUR RRSP SAVINGS TO GET THE AN APPROPRIATE RETURN GIVEN YOUR TOLERANCE FOR RISK
AND STATED INVESTMENT OBJECTIVES,” SAYS BRYAN.
Bryan recommends alternative savings strategies with specific targets. He allows Albert to
make the final decision.
The time frames you outlined in Step 2 will serve as a guideline in implementation.
If necessary, you may refer clients to a business partner such as a lawyer, tax advisor, investment advisor, real estate
broker, retirement specialist or insurance representative.
IMPLEMENTING RECOMMENDATIONS:
• Help your client to implement the recommended strategies using the time frames determined in Step 2 as
guidelines
• Some strategies may be immediate while others are long term
• Refer your client to a business partner where necessary
“ALBERT,” SAYS BRYAN, “I CAN SET UP AN RRSP WITH OUR INSTITUTION FOR YOU TODAY AND
YOU CAN GET STARTED IMMEDIATELY ON YOUR PLAN. IF YOU LIKE, WE CAN ALSO SET UP AN
AUTOMATIC DEDUCTION FROM YOUR BANK ACCOUNT THAT WILL GO DIRECTLY INTO YOUR
SAVINGS ACCOUNT.
“HOWEVER, I THINK YOU COULD BENEFIT FROM THE ADVICE OF A RETIREMENT SPECIALIST.
GLORIA VELASQUEZ IS A COLLEAGUE WHO CAN HELP YOU MANAGE YOUR RRSP PORTFOLIO.
WOULD YOU LIKE ME TO ARRANGE A MEETING WITH HER?”
“GLORIA HAS ACCESS TO A GREATER RANGE OF PRODUCTS THAN I DO,” SAYS BRYAN, “AND SHE
KNOWS THIS PART OF THE BUSINESS MUCH BETTER.”
“I’LL CALL HER RIGHT NOW TO SEE IF SHE’S AVAILABLE,” SAYS BRYAN.
Bryan sets up an appointment between Albert and Gloria. The next week, he calls both
Albert and Gloria to see how the meeting went. Albert benefits from the expertise of
a specialist.
EXAMPLE
If interest rates have fallen, you may want to recommend refinancing a mortgage.
Some new products or opportunities may not be offered by your institution. Nevertheless, you must
remember to act in your clients’ best interests by making objective recommendations.
“I WAS ON TRACK UNTIL RECENTLY,” SAYS ALBERT, “BUT I’VE SLIPPED IN THE PAST TWO MONTHS
BECAUSE OF OTHER EXPENSES.”
“ARE YOU HAPPY WITH THE PLAN AS IT IS?” ASKS BRYAN. “DO YOU STILL CONSIDER THAT
CONTRIBUTING TO A RETIREMENT FUND IS A PRIORITY?”
“ACTUALLY,” SAYS ALBERT, “I MIGHT HAVE TO PUT IT ON HOLD FOR NOW. A NUMBER OF PEOPLE
HAVE BEEN LAID OFF AT WORK AND THERE MAY BE ANOTHER WAVE OF LAY-OFFS IN A FEW
MONTHS. I DON’T KNOW IF I CAN AFFORD TO TIE UP FUNDS THAT I MIGHT NEED TO MAKE ENDS
MEET.”
“PERHAPS WE SHOULD REDIRECT YOUR RRSP CONTRIBUTIONS TO YOUR EMERGENCY FUND FOR
NOW,” SAYS BRYAN. “WE CAN CONSIDER SOME SHORT-TERM SAVINGS STRATEGIES THAT MIGHT
BE MORE APPROPRIATE FOR YOU AT THIS TIME.” “I WILL LET GLORIA KNOW THAT FOR THE TIME
BEING THE PLANNING PROCESS IS ON HOLD.”
By adapting the financial plan to changes in Albert’s financial situation, Bryan is able to
help his client meet his new goals while keeping the Retirement specialist in the loop.
KEY TERMS
The Key Terms list targets some significant concepts covered in the textbook. Key terms appear
in bold text in each chapter to help you focus your study efforts on these important topics.
credit score
INTRODUCTION
Helping your clients prepare a budget is an important step in the financial planning process. With a budget in place,
your clients will have a better understanding of how much of their income they can use to service loan payments
and save for their future.
Consumer credit needs in Canada are served by a broad variety of domestic and foreign financial institutions
using increasingly sophisticated technology. New regulations promote the efficiency and growth of the sector,
foster domestic competition, empower and protect consumers and improve the regulatory environment. To meet
the increasingly complex needs of clients, advisors in today’s financial services industry must remain abreast of
rapid changes.
A cash flow statement is the foundation of a budget. It is used to assess the financial health and habits of clients
and to measure and track the flow of income.
A cash flow statement answers three questions essential to creating a budget:
• How much money is there?
• Where does it come from?
• Where does it go? Reduced to its elements, a cash flow statement looks like this:
Net income – Expenses = Cash flow surplus/shortfall
As an advisor, you can use a client’s cash flow statement to evaluate the client’s ability to save, invest, or carry debt.
By knowing how to collect relevant information from the client to develop a cash flow statement, you will be able
to create a budget for your clients based on their objectives.
A personal cash flow statement is a record of a client’s cash flow over a specific period, usually one year.
The cash flow statement consists of two main parts:
• Net income received (gross income less employee deductions and income taxes)
• Expenses paid
The difference between net income received and expenses paid represents the client’s cash flow surplus or shortfall,
depending on whether it is a positive or a negative amount.
A major goal of financial planning is to generate a cash flow surplus. If this cash flow surplus is invested in assets or
used to reduce liabilities, or both, the client’s net worth will increase over time.
Information Extrapolation
The cash flow statement may be for a single client, or it may be a joint statement that includes information for a
spouse, partner or another household member.
Each financial institution will have its own forms and methods to collect the complex and detailed client data
needed to create a statement, but data collection is always separated into two areas:
• Income
• Expenditures
DIVE DEEPER
You will find a sample Summary of Annual Income Sources and a Summary of Annual Living Expenses by
clicking on the Job Aids link.
INCOME DATA
Income data represents positive cash flow, which shows where funds came from.
The income sources form is used to assess the clients’ sources of funds for the year, including income for both
partners, whether individually or jointly received. Not all income flows from employment, and some types of
income are more or less constant and predictable than others. The table below identifies possible sources of income
and their levels of volatility:
Income Volatility
Salary or wages Income from a good job at a stable organization is more reliable than income from a
short-term contract position.
Investments Investment income is less reliable than earned income because of fluctuations in the
market. Do not consider investment income from registered accounts.
Income Volatility
Government payouts A government payout such as a child tax benefit may be a reliable source of income,
while a rebate on a home renovation is a one-time payout that cannot be relied
upon year to year.
Business income Personal business income is generally less reliable than a wage or salary.
EXAMPLE
Peter and Suzanne Pirelli are married with no children. They both work full time and Suzanne makes quilts in
her spare time. Last year, she sold a number of quilts at a craft fair. This was the first time she sold any of her
quilts, and she is not certain if she will take part in the fair again in the coming year because she feels it was more
trouble than it was worth. The income from the sale of the quilts represents other income, the most volatile
category of income.
Begin the process of data collection by asking the client in advance to bring along basic information when meeting
with you to complete the personal financial statements.
Remember that financial information is private information, and your clients may be sensitive about
revealing it. Make sure you acknowledge the sensitive nature of your questions and explain clearly why
it’s necessary to ask them.
EXAMPLE
The following example shows Peter and Suzanne’s combined income distribution and other sources of funds:
EXPENDITURE DATA
Expenditure data represents negative cash flow, which shows where funds went.
As with income, there are many types of expenditures, each with a different impact on your clients’ financial
situation.
As with income data, begin the process of expenditure data collection by asking your clients in advance to bring
along basic information when meeting with you to complete their personal financial statements.
Remember to be sympathetic to your clients’ concerns about revealing this sensitive information.
EXPENDITURE CLUSTERS
The expenses form divides expenditure data into the following 12 categories, or clusters, to assess client use of
funds for a year:
Each expenditure cluster is further broken down so that data can be analyzed in detail.
The table below illustrates how the expenditure cluster for transportation is broken into smaller categories within
that cluster:
Licensing
Insurance
Maintenance/repair
Fuel
C. Other Taxis
Public transit
Parking
As you can see, each cluster is summarized by total cost and by percentage of total expenditures for comparison
against standard parameters. This comparison can help your clients to identify areas where spending patterns can
be adjusted to reach other goals. It is important to remember, though, that each client is different and standards
cannot be applied rigidly.
If your clients do not know how much they spend in each of the 12 clusters, you may have to help them estimate
these figures.
Expenditures will vary according to your clients’ lifestyle, family size and financial responsibilities. Keep in mind your
clients’ goals, preferences and constraints as you work to reach a customized solution.
Remember — your role is not to judge how your clients have spent their money, but rather to help them
achieve their financial goals.
Note that each expense must be accounted for only once. This fact is more important than where an expense is
accounted for.
EXAMPLE
If you include dining out in the leisure cluster; make sure you don’t include it in the grocery cluster as well.
Likewise, you may account for the cost of a child’s university residence in either the education or the housing
cluster, but not both.
HOUSING
The housing cluster represents the largest percentage of spending for most households and is usually the spending
area with the least flexibility. It includes mortgage or rent payments, property taxes, condo fees, insurance,
maintenance costs, utilities and all household expenses, including furniture and cleaning costs.
The expenses form allows for the fact that some clients may own or rent a secondary property such as a cottage or a
separate apartment for a dependent.
GROCERIES
The second cluster, groceries, includes only expenditures for groceries and household items.
CLOTHING
The clothing cluster includes all clothing, including work, casual and special occasion clothing, as well as cleaning
and repair costs. These expenditures may vary considerably, depending on lifestyle and family size.
TRANSPORTATION
The transportation cluster includes personal or leased vehicle expenses as well as taxis, public transit and parking. If
a client uses a bicycle for commuting, it may be considered a transportation expense rather than a leisure expense.
HEALTH CARE
This cluster includes all costs of health insurance (both private and provincial), disability insurance, dental and
optical care and all pharmaceutical expenses.
When the cost of health insurance is deducted from employment earnings and appears on the income sources form
as a payroll deduction, do not include it here as well.
When costs are refunded by health insurance coverage, include only the net amount paid.
PERSONAL GROOMING
Personal grooming expenses include hair care products, cosmetics and other personal care items. Make sure not
to include personal grooming items such as shampoo and toothpaste in the groceries cluster if they appear here
as well.
EDUCATION
The education cluster includes tuition, books, supplies and living expenses (unless you have included those expenses
in the housing cluster).
You should pay particular attention to households with children who are approaching university or college age, as
they will likely want to plan for education expenses in the next few years.
Education expenses are likely to be tax deductible or eligible for tax credits, so you should note this deduction on
the income sources form.
LEISURE
The leisure category includes expenditures for all activities and purchases in the categories of entertainment,
hobbies, sports and fitness, travel and vacations, magazine subscriptions and newspapers.
This category, perhaps more than any other, will vary considerably, based on the lifestyle of your clients, and
because this spending is highly discretionary, it generally offers the most flexibility.
EXAMPLE
Sometimes a leisure activity may bring income to a household.
For example, Suzanne spent $800 on quilting supplies in the past year. Because quilting is a hobby for her, this
expense would normally belong in the leisure cluster. However, because she sold some quilts last year, as we saw
on her income sources form, you may choose to deduct the cost of supplies from her gross income instead of
recording it on her leisure expense form.
EXAMPLE
Because Peter’s contribution to his employer-sponsored pension plan ($3,000) is deducted from his employment
income, it appears as a deduction on the income sources form rather than as an expense on the expenditure
form. This distorts the actual figure for the savings and investments category.
Peter and Suzanne contributed $5,500 (or 7.7%) of their living expenses to other savings and are concerned that
they should be saving more. But if Peter’s contribution to his pension plan is added to the above $5,500, it brings
their total savings to $8,500 (or 11.8%) of their total expenditures.
DEBT REDUCTION
The debt reduction cluster includes any decrease over the year on any debt, such as payments made on a credit card
or a personal loan. Interest payments are also included, whether or not there has been a change in the outstanding
balance of the debt.
This category also includes any payment towards a life insurance loan or for unpaid income tax.
MISCELLANEOUS
This cluster is for miscellaneous expenses such as allowances for children, pocket money, gifts, donations or
other unusual expenditures. This cluster may be the most difficult for clients to determine if expenses are not
tracked closely.
Remember that donations to registered charities are tax deductible, so if you record a donation as a
miscellaneous expense, be sure to record it as a deduction as well.
Basic, or non-discretionary, expenses consist of necessary expenses that you cannot cut without significantly
lowering your standard of living. They include most housing expenses (other than cable TV and furniture), groceries,
clothing, transportation, health care, daycare, parental care, personal grooming expenses and loan payments.
Discretionary expenses are flexible expenses that include leisure, private education, non-essential home
renovation, savings and investments, some debt reduction and some miscellaneous items.
Clients looking for ways to decrease expenses should focus on discretionary expenses, which are easier to reduce.
Remember that it can be difficult to categorize some expenses as basic or discretionary. For example, clothing and
personal grooming products represent basic expenses, but the amount a client spends in these categories can be
highly discretionary. One client may average $20 a month on haircuts, while another will spend $200 in the same
period at the hair salon.
You must also take into account the fact that a client who spends 90% of his or her income in the basic category
does not have as much ability to reduce expenses as a client whose basic expenditure represents only 50% of
total income.
EXAMPLE
Your client may deem some expenses that typically fall in the discretionary category essential.
For example, Suzanne belongs to a health club, which is typically considered a leisure expense. Suzanne,
however, feels it is a necessity to keep stress under control so she can remain productive at work. She claims that
eliminating this expense would lower her standard of living considerably.
As an advisor, it’s important to use your judgment and tact when working with your clients to determine
which expenses are necessary and which are discretionary.
CREATING A BUDGET
A budget is a projected cash flow statement or a savings plan that is built from a current cash flow statement.
The current cash flow statement shows how much money there is, where the money comes from and where it goes.
When more money comes in than goes out, there is a cash surplus. When more money goes out than comes in,
there is a cash shortfall.
The process of creating a budget is one of analyzing the cash flow statement to see how you can create or increase a
cash surplus and direct it to areas that will increase your net worth.
USING A BUDGET
Clients often struggle when using a budget for the first time.
“WE’VE TRIED TO REDUCE OUR SPENDING,” SAID PETER. “IT GOES WELL FOR A WEEK
OR TWO, AND THEN WE FALL INTO OLD HABITS. IT’S HARD TO LIVE ON A BUDGET.”
“WE’RE CONCERNED THAT WE’RE NOT SAVING ENOUGH MONEY,” SAID SUZANNE, “BUT WE
DON’T WANT TO CHANGE OUR HABITS DRASTICALLY EITHER. WE ENJOY OUR LIVES AND WE
WANT TO CONTINUE TO DO SO.”
“LIVING ON A BUDGET ISN’T ALL ABOUT PENNY PINCHING,” SAID BRYAN. “IT’S ABOUT LAYING
THE FOUNDATION FOR A SECURE FINANCIAL FUTURE. EVEN MODERATE CHANGES CAN MAKE A
HUGE DIFFERENCE.”
“KEEPING TRACK OF YOUR INCOME AND EXPENSES IS THE FIRST AND MOST IMPORTANT PART OF
A BUDGET,” SAID BRYAN.
“IF YOU KEEP A DAILY OR WEEKLY RECORD OF EXPENSES AND REVIEW YOUR SPENDING
MONTHLY, YOU SHOULD KNOW EXACTLY HOW MUCH YOU’RE SPENDING AND WHAT YOU’RE
SPENDING IT ON.”
“HERE’S HOW TO DO IT:”
“BEFORE YOU CREATE A MONTHLY BUDGET, GATHER ALL YOUR FINANCIAL STATEMENTS RELATED
TO INCOME AND EXPENSES. THIS INCLUDES PAY STUBS, INVOICES, BANK STATEMENTS, DEBIT
STATEMENTS, CREDIT CARD STATEMENTS AND RECEIPTS.”
“YOU WILL USE THIS INFORMATION TO CREATE A PICTURE OF YOUR AVERAGE MONTHLY INCOME
AND SPENDING, SO THE MORE INFORMATION YOU CAN PROVIDE, THE MORE ACCURATE YOUR
FINANCIAL PICTURE WILL BE.”
“NEXT, FOLLOW THE STEPS BELOW TO CREATE A BUDGET.”
1. Record income Record your total monthly net income (after deductions) from all
sources, including employment and investment income as well as
government payouts and any other sources of income.
2. Record expenses Record the total of all expenses for the month, including mortgage or rent
payments, utilities, car payments, insurance, groceries, entertainment
and so on. If you are not in the habit of keeping receipts for small cash
purchases, record the amounts on your debit slips as cash expenditures
and estimate as well as you can where it was spent. Track debit and credit
purchases from your financial and credit card statements.
3. Determine cash flow Subtract your expense total from your income total to determine your
cash flow. A positive number means a cash surplus. A negative number
means a cash shortfall.
4. Set savings goals Based on your cash flow, set realistic savings goals, and then set a target
amount to cut from your expenditure and add to your savings.
Short term goals may include paying down debt, taking a vacation or
purchasing a television. Long term goals may include buying a house
or saving for retirement. If you are living month to month with a cash
shortfall, your immediate goal may simply be to balance your budget.
1. I dentify basic and discretionary Look at your record of expenses and divide it into two columns: basic,
expenses required expenses that are more or less the same every month, and
discretionary expenses that are flexible in amount and necessity.
2. Identify expenses to cut Focus on your list of discretionary expenses and identify items that can be
reduced in cost or cut altogether. For example, if you are spending money
on two take-out coffees a day, reduce your spending in that area to one a
day; or better yet, cut the habit altogether.
3. Adjust expenses Make a projected budget for the following month with new target
amounts in each expense category.
Ideally, by reducing expenses in some areas, you will have a cash surplus.
Use your budget to direct the surplus to other areas that will increase
your net worth, whether it is debt payment or savings.
If you have accurately accounted for all your expenses, your income and
your expenditure should now be equal.
At the end of the month, compare your actual expenses with your projected expenses. You may find that you did
well in some areas, while in others you need to improve.
There may be some areas where you were unrealistic in your projected spending. You may need to adjust your
budget accordingly. Otherwise, continue to do your best to reduce your spending to meet your goals.
“WELL, IT IS QUITE SIMPLE IN THEORY,” SAID BRYAN, “ALTHOUGH YOU MAY FIND IT’S
MORE DIFFICULT TO PUT INTO PRACTICE THAN IT SOUNDS. HOWEVER, THERE ARE LOTS
OF TIPS AND TRICKS TO MAKE IT EASIER TO STAY ON TRACK.”
“WHAT KINDS OF TIPS AND TRICKS?” ASKED PETER. “CAN YOU TELL US WHAT THEY ARE?”
1. Set goals Set short- and long-term savings goals for specific needs and
specific amounts.
2. Overestimate expenses, Get in the habit of assuming you have less money than you do and
underestimate income that things will cost more than they will. Over-spenders tend to do
the reverse.
3. Know your money Avoid overdraft and bounced cheque fees by knowing exactly how much
money is in your account at all times.
4. Make debt payment a priority Follow the three rules of debt management:
• Pay off the debt with the highest interest rate first
• Convert non-tax-deductible debt to tax-deductible debt
where possible
• Increase the frequency or amounts of debt payments
5. Pay yourself first Deposit savings into an account as soon as you get paid.
• Set up an automatic transfer from your chequing account to your
savings account
• Set up an automatic savings deduction from your paycheque
• Take advantage of employee RRSP programs with automatic
payroll deductions
6. Trim your expenses Ask yourself what you can do to trim costs. Consider the following;
• Move to a less expensive house or apartment
• Live without a car, cable TV, a land line or a cell phone
• Consolidate debts
• Cut down on the use of gas or electricity
• Eat out less frequently
7. Share what you can Ask yourself what you can share to reduce costs. Consider the following:
• Join an auto-share group
• Share appliances and gardening equipment with neighbors
• Share your living space (roommate)
8. Keep separate accounts Keep a spending account that is separate from an interest-bearing saving
account. Be aware of bank fees associated with multiple accounts,
however.
9. Implement savings and For example, set up pre-authorized automatic monthly payments
investments plans for short to a mutual fund that has investment objectives and a risk profile
and long term goals that are consistent with your tolerance for risk and in line with your
investment objectives.
10. Reduce insurance coverage If you are over-insured, consider reducing your insurance coverage, to
reduce premiums. Also, ask your insurance provider about multi-line
discounts.
11. Pay with cash Pay for purchases up front to keep track of exactly how much money you
have and to avoid credit card debt.
12. Match funds For every dollar you spend on a leisure activity, put the same amount
in savings.
13. Save unexpected cash Add all or most of windfall cash in savings on top of regular savings.
14. Do not skimp on health care Basic care of yourself and your family will prevent costly care and grief
down the road.
• Because Suzanne is not planning to sell quilts next year, she and Peter should look for ways to replace that
income. They may want to consider raising her brother’s rent or asking for a contribution to the grocery bill.
• Peter and Suzanne should pay special attention to budgeting tips that relate to debt payment (paying the
balance of their credit cards to avoid interest payments) and cost reduction (eating out less, economizing on
meals, foregoing a vacation, making wardrobe items last longer, and reducing club membership status).
EXAMPLE
When Bryan Lee’s clients Kareem and Aziza Ali needed to renew their mortgage, Aziza said to Kareem, “Bryan’s
institution is offering us a great rate. I think we should give him a call.” “Sure,” Kareem answered. “But there are lots
of other places we could go. Before we call Bryan, I think we should shop around to make sure we’re getting the best
value for our money.”
Bryan knows that to keep their loyalty, he has to gain Kareem and Aziza’s trust by providing
knowledgeable service.
CONSUMER CREDIT:
The consumer credit industry has gone through changes for two reasons:
• Changes in technology: Changes in technology have made it easier to collect and share information while at the
same time increasing consumer concerns about privacy and security.
• Changes to regulations: Changes to regulations have relaxed the boundaries between different types of financial
institutions, enabling overlapping services and increasing competition among the sectors.
These changes mean advisors can now provide a broader range of services using increasingly sophisticated
technology. However, they are working in a field of greater competition and ever-increasing threats to consumer
security. More than ever, clients are looking for services from an advisor who is knowledgeable and trustworthy.
CREDIT FUNDAMENTALS
5 | Explain how the 5 Cs of Credit are used to evaluate a client’s ability to borrow.
Consumer credit plays a key role in the economy and in the day-to-day lives of almost all consumers. It is almost
impossible to live in today’s society without needing to borrow on credit to pay for products and services that are
basic necessities in our lives.
Approving clients for credit is a fundamental aspect of the advisor’s role, and determining your clients’
creditworthiness and calculating their credit limits are skills you will need to put into practice on a regular basis.
By learning the considerations for granting credit, you will be able to collect relevant information from the client to
make accurate credit decisions.
THE 5 Cs OF CREDIT
Before a financial institution advances credit to clients, the clients’ creditworthiness is assessed based on
information they provide and on their credit history. The tests used to determine if it is in the lender’s best interest
to advance credit may also help clients to plan their finances. For example, if the tests indicate a high risk, clients
should view this as a warning sign and reassess their credit habits.
THE 5 CS OF CREDIT?
The lender’s criteria in assessing a client’s credit risk are described as the 5 Cs of Credit, as follows below:
Character Character refers to the client’s honesty, reliability and intention to repay credit.
Character assessment relies on full disclosure by the client and is determined by the
client’s existing level of debt, assets, employment record, residence stability and
purpose of the loan.
Credit Credit refers to the client’s past credit history, which the lender considers an indicator
of how debt may be handled in the future.
Credit assessment is determined by the client’s current use and availability of existing
credit, payment history, delinquencies and any records of outstanding judgments.
Capital Capital, also known as equity or financial capital, refers to the client’s net worth and is
based on total assets and general financial situation.
Capital is viewed as an extension of the client’s character, an indicator of financial
management skills and a source of collateral. A high score in this category can
indicate that the client has a secondary source of repayment funds in the event that
regular income is disrupted.
EXAMPLE
When Vikram Patel approaches Bryan Lee’s financial institution to apply for a line of credit to use as an
emergency fund, Bryan assesses Vikram’s creditworthiness using the 5 Cs approach. Because Vikram works as
a cameraman in the film industry and sometimes faces employment gaps between jobs, his capacity to repay
funds is not perfect. However, his line of employment pays well, he carries no debt and he has a spotless credit
report. Also, he has equity in his house that can be used as collateral in the event of default. Based on his 5 Cs
assessment, Bryan decides that Vikram presents a low risk and he approves the line of credit.
Did you notice that Bryan uses his judgement and is not rigidly bound by the 5 Cs of Credit? A good
advisor considers all factors and weighs one against the other to arrive at a decision.
A credit report may also contain a consumer statement, which is personal comment submitted by the consumer
to clarify information in the report.
Did you know that if a company provides inaccurate information to a credit bureau, both the credit
bureau and the company that provided the information have a legal responsibility to correct it?
EXAMPLE
When Angela Gerhart applied for a loan, she was surprised to learn that Bryan Lee turned down her application
because of a poor credit report. When she asked the credit bureau for a copy of her report, she discovered that
according to the report, she was delinquent in paying for purchases made on a credit card that she does not
own. Angela suspected that she was a victim of identity fraud. She contacted the credit card company to cancel
the card and is currently working with a representative of the company to have the charges removed and her
name cleared.
When you calculate the TDSR with annual debt payments, remember to include
• automobile lease payments;
• line of credit (LOC) payments based on 3% of the LOC limit;
• credit card payments based on 3% of the limits.
Financial institutions may allow monthly alimony payments as income to the receiving spouse or debt obligation
to the spouse paying the alimony. Confirmation of income or payment is done through the review of the separation
agreement or tax return.
We do not use spousal support or child support in our TDS ratio calculations; this information will not be referenced
and is beyond the scope of the content.
Financial ratios do not reflect a client’s entire financial situation. Non-financial factors, such as a client’s marketable
skills and abilities, personal situation and stage in the life cycle, should also be considered.
NOTE
If there is no specific information in the exercise or exam question related to the payment option for the credit
card and LOC, please use rules above.
Pitfall Example
The GDSR and TDSRs highlight a client’s current A doctor and a commission-based salesperson may have
financial situation and do not consider the the same expected annual gross income, but the doctor’s
variability of future income and asset values. income is typically more stable and can likely support a
higher level of debt.
The GDSRs and TDSRs do not provide A high-income earner may have high discretionary
information on a client’s short-term liquidity or expenses and be unable to meet debt service payments in
long-term solvency. the short term or principal repayments over the long term.
The GDSRs and TDSRs are based on annual gross A family with two income-earners, each earning $30,000
income, but because debt payments are made in annually before tax, will have significantly higher income
after-tax dollars, it is more appropriate to assess on an after-tax basis than a family with one income-earner
annual debt payments relative to annual who has a higher marginal tax rate (MTR) earning $60,000
after-tax income. annually before tax.
The GDSRs and TDSRs are only applicable for A four-member family with an annual income of $35,000
average family incomes. is likely unable to afford to spend 40% of annual income
on debt servicing.
A four-member family with an annual income of $150,000
can likely afford to spend more than 40 % of their annual
income on debt servicing.
Remember that debt service ratios cannot be assessed without taking into account a client’s entire
financial situation.
EXAMPLE
Ramona has a mortgage costing $2,200 per month with property taxes that are $300 per month, for a total of
$30,000 per year. She has no other debt payments and a gross income of $100,000 per year. Because she has
no debt payments, her GDSR and TDSR are the same at 30%. Her GDSR is below the recommended limit, and
Ramona has the capacity to assume credit.
Now suppose that Ramona has applied for a personal line of credit with a limit of $25,000. Calculate her
TDSR assuming a monthly payment of 3% of the authorized limit.
Remember, even though the line of credit is for future needs, the financial institution has to qualify the
client using a prescribed payment for debt servicing calculations. We assume payments as though it
was entirely drawn down, since Ramona has the ability to assume that debt at any time. In this case,
payments are approximately $9,000 (3% x $25,000 x 12 months) a year. Her TDSR would equal 39% of
her annual gross income—just under the recommended 40% limit.
CREDIT FUNDAMENTALS:
Before a financial institution advances credit to clients, the lender assesses the clients’ credit worthiness based on
the following information:
• The Five Cs of credit:
Character
Capacity
Credit (credit history based on the credit bureau report)
Collateral
Capital
Vikram passes the 5 Cs assessment, so Bryan moves on to assess his debt service ratio. Since Vikram is currently
paying off a car loan, Bryan uses the TDSR that factors in Vikram’s annual debt payment.
Based on his assessment, Bryan decides that Vikram is creditworthy and goes ahead to process a line-of-credit
application on his behalf.
Different borrowing options suit different purposes, depending on the client’s credit rating, repayment plan and
what the credit will be used for.
When you demonstrate knowledge of the range of borrowing options available and the features of each, your clients
will feel comfortable that you understand their needs and are making suitable recommendations that work in their
best interests.
CREDIT CARDS
A credit card offers credit up to a specified limit where the cardholder must pay a minimum monthly payment,
specified in the card holder agreement. It could be anywhere from 1 to 3% of the outstanding balance depending on
the issuer and the credit rating of the borrower.
Credit card interest is high relative to other borrowing options.
A financial institution has no legal claim on the item purchased. Its only security is the cardholder’s guarantee to
repay the debt.
Feature Description
Annual Card Fee The annual card fee is a fixed flat fee payable each year. All else being equal, clients
should select the card that charges the lowest annual fee.
Grace Period The grace period is considered an interest-free loan period, typically 20 to 30 days.
Clients must pay off the total amount owed by the statement due date to avoid paying
interest on the total amount for that billing period.
Interest Rate The interest rate is only relevant if clients carry an outstanding balance past the
Charged on statement due date.
Overdue Balance
Clients who carry a balance past the statement due date should select a card based on a
lower interest rate rather than a lower annual fee.
Clients who miss two consecutive payments in a 12 month period can expect an interest
rate increase. The financial institution may also decide to reduce the credit limit.
Additional There is a wide variety of additional credit card features, including free life insurance up
Features to a specified limit, travel and retail rewards, cash machine linkage and greater credit
availability.
Did you know that owning a credit card can be like having a free line of credit? Let your clients know that
they can make the most effective use of their credit cards by taking full advantage of the grace period
while paying off the outstanding balance by the statement due date. It’s the same as having a
short-term interest-free loan every month!
EXAMPLE
Here is an example of how an advisor can help a client choose a credit card with the right features for them.
Bryan Lee’s client, Judith Munro, is applying for a credit card. She would like to take advantage of its convenience
to make most of her daily purchases, paying the entire balance at the end of each billing period. Bryan suggests
that she apply for the ABC Financial Travel Rewards card. Because she plans to charge a high amount to her card
each month, the travel points she earns will outweigh the annual fee, and because she plans to pay the balance
by the due date, she will pay no interest.
CHARGE ACCOUNTS
A charge account is an account that allows a customer to purchase goods and services on credit up to a specified
limit, with payment made at a later date. Payments are made according to specified terms, with the entire amount
due on a specified date or according to a fixed payment schedule. Charge accounts are typically characterized by
high fees and interest rates.
Charge Card • Borrowers charge purchases up to a specified limit. In many cases, there is no limit
on these cards
• Cards require payment in full each month
• Late payments are subject to a penalty at a high interest rate
• Charge cards will be cancelled if the balances remain unpaid
• Annual fees are typically high
• Usually rewards associated with these types of cards, including travel points and
access to airport lounges
Open Account Credit • A financial institution, retail outlet or utility company allows the consumer to buy
up to a specified amount on credit
• Clients make payments according to specified terms
• No interest is charged if clients pay full amount before the statement due date
Conditional Sales • Clients pay for high priced items such as appliances in installments
Contract • The creditor retains title to the item until it is paid for, with the option of
repossession if the client defaults
• The retailer may sell the contract, along with the client’s promissory note to pay,
to a third party financial institution
• The buyer purchases the item with a down payment paid to the retailer and makes
monthly payments to the financial institution
• Conditional sales contracts are an expensive type of financing, with interest rates
as high as 25% to 30%
EXAMPLE
Lorenzo Dalbello is a freelance writer who travels extensively, writing restaurant and hotel reviews for magazines
and newspapers. He is cautious about acquiring debt and always pays his credit cards in full on the due date.
Bryan Lee recommends that Lorenzo apply for a Diners Club charge card because Lorenzo will be able to take
advantage of its generous travel rewards without being penalized by its high interest rates.
Overdraft Up to 21% + overdraft • This type of unsecured line of credit allows the borrower to
Protection fee overdraw a chequing account up to a predetermined limit
• Funds advanced carry a high interest rate
• Intended to protect against temporary account overdraft
• Should be used for emergency only and repaid as quickly
as possible
Although overdraft protection is essentially a line of credit, it should only be used to protect against
temporary account overdraft. Remind clients who may be inclined to use overdraft funds for short or
long-term financing that there are much less costly alternatives available.
EXAMPLE
When Anthony Novak applies for a personal line of credit to do some renovations on his home, Bryan Lee suggests
that he take out a home equity line of credit. Anthony’s house is valued at $220,000 and he owes $115,000 on his
mortgage loan. Anthony qualifies for $61,000, or 80% of the house’s value less the outstanding debt.
PERSONAL LOANS
A personal loan is an installment loan (also called a term loan) that is typically used to finance major purchases,
such as an automobile or a home renovation.
The amount borrowed under an installment loan must be repaid over a specified term according to a fixed schedule
of monthly payments.
An installment loan has an open prepayment clause that allows the borrower to pay off all or part of the loan,
without penalty, at any time prior to maturity.
Fixed Rate Loan • The conditions and interest rate of a fixed rate loan are set for the term of the loan
and payments.
• Monthly payments are usually blended; that is, each payment consists of principal
and interest.
• The borrower bears no cost if interest rates increase but realizes no savings if interest
rates decrease.
Variable Rate Loan • The interest rate for a variable rate loan floats with the prime rate.
• Monthly payments are blended and are typically a fixed amount (with a cushion for
rising rates) determined by the lender.
• The last loan payment is adjusted or the loan is extended for a period to reflect changes
in interest rates over the term.
• The borrower bears the cost if interest rates increase but realizes the savings if interest
rates decrease.
Vehicle Loan The financial institution provides 100% of • Generally secured by the vehicle itself
the cost of a new or used vehicle such as a • Flexible payment schedule
car, boat or recreational vehicle.
Investment Loan The borrower uses the loan to invest, if she • Secured or unsecured
believes that the after-tax return on the • Flexible payment schedule
investment will outweigh the cost of the loan.
Paycheque Also called a payday loan, this is a small, • Secured by the borrower’s paycheque
Advance short-term loan that is advanced on a • Short term
paycheque to cover expenses and that is
owed in full on payday. • Very high interest rate
• Other fees apply
EXAMPLE
Here is an example of how an RRSP loan might work. Daniela Vanderveer has $8,000 worth of unused
contribution room in her RRSP account. Bryan suggests that she borrow $8,000 to top up her RRSP, which
results in a $2,880 tax refund. Daniela applies this to her loan and pays off the remaining amount with monthly
payments over the course of a year. The interest she earns on her RRSP savings over the years will outbalance the
interest she pays on the loan. Bryan specifies that interest on RRSP loans is not tax deductible.
Different borrowing options have different interest rates and repayment plans. Some options are suitable for small
purchases and short-term financing, while others are more suitable for large purchases and long-term financing. The
advisor should consider the features of each option to determine the best credit plan for the client’s purpose.
2 | Explain the types of mortgages and their features. Types and Features of Mortgages
KEY TERMS
The Key Terms list targets some significant concepts covered in the textbook. Key terms appear
in bold text in each chapter to help you focus your study efforts on these important topics.
INTRODUCTION
Housing expenditures represent the largest portion of monthly expenses for most people, and the purchase of a
house is almost always a major financial decision. Because few can afford to purchase a home outright, most people
finance the purchase with a mortgage loan.
MORTGAGE OPTIONS
A mortgage loan is a loan used primarily to pay for the purchase of property. The property itself becomes the
security for the loan and the mortgage loan is a registered charge against the property. The charge is released when
the debt is paid in full.
A second mortgage may be granted if there is an existing first mortgage registered against a property and there is
enough equity in the property to borrow more against. If the property is sold or the mortgage is in default, the first
mortgage is paid first and the second mortgage is paid from any remaining proceeds. The interest rate on a second
mortgage is usually higher than the first, to compensate the lender for the higher risk.
By learning about mortgage options and the attributes of the different mortgage types, you will be able to advise
your clients about the choices available to them. Your clients will be able to take advantage of your expertise to
make decisions that will help them achieve their goals.
CHARTERED BANKS
A chartered bank is a bank that is authorized to operate by the Government of Canada and is regulated under the
Bank Act. Compliance is monitored by the Office of the Superintendent of Financial Institutions (OSFI). The Canada
Deposit Insurance Corporation (CDIC) offers protection to consumers for their deposits in member institutions.
The Bank Act restricts mortgage loans issued by chartered banks to an 80% loan-to-value ratio, unless the loan
is insured.
Many of the chartered banks have created subsidiaries known as mortgage corporations. Funds are raised by these
corporations through the issuance of Guaranteed Investment Certificates (GICs) which are guaranteed by the parent
bank and used for mortgage lending, with terms and rates matched to those of the GIC.
Chartered bank mortgage investments have concentrated on single family loans where, by means of their vast pool
of lendable funds and extensive branch system, they have taken a large portion of market share from both the life
insurance and trust companies.
TRUST COMPANIES
Trust companies, unlike banks, have the power to conduct fiduciary business as executors, trustees and
administrators of wills and estates. As professional trustees, trust companies also administer portfolios for other
entities, notably pension funds.
Trust company mortgage investment, like that of the chartered banks, is restricted to a maximum loan-to-value
ratio of 80%, unless the loan is insured.
Trust companies are regulated under the Loan and Trust Corporations Act of each province, and OSFI and CDIC are
the compliance watchdogs. As with chartered banks, because the liabilities of trust companies are relatively short
term, considerable attention must be paid to liquidity.
CREDIT UNIONS
Credit unions, caisses populaires and other co-operatives share the second place spot to the chartered banks in the
mortgage market. As the consumer becomes more educated about financial services, credit unions offer a viable
alternative to banks and other mortgage providers.
Mortgages offer not only the security essential to a pension fund, but also comparatively high returns relative
to risk. Pension funds are also major players in the commercial real estate market. With their large pools of
capital, pension funds such as the Ontario Teachers’ Pension fund have turned to ownership of large real estate
developments to secure their money for the long term.
CMHC operates with a mandate to improve housing for Canadians. Qualifying loans extend from
single to semi-detached homes, townhouse, row or condominium housing and also include mobile and
modular homes.
As of February 2016, the federal government implemented new rules related to minimum mortgage down payment
requirements on new home purchases. The changes primarily impact those borrowers who are seeking insured
mortgages (less than a 20% down payment) of between $500,000 and $999,999.
Minimum Down
5% 10% 20%
Payment Requirements
EXAMPLE
The property’s purchase price is $650,000. The minimum down payment is $40,000, which is calculated
as follows:
1. The minimum required down payment on the first $500,000 is 5% = $25,000 ($500,000 x 0.05)
2. The minimum required down payment on $150,000, the remaining amount over $500,000,
is 10% = $15,000 ($150,000 x 0.10)
With a high-ratio residential mortgage, the borrower must pay between 2.8% and 4.0% of the amount borrowed as
a one-time insurance premium that is added to the mortgage loan. Premiums in Ontario, Manitoba and Quebec are
subject to provincial sales tax. The provincial sales tax cannot be added to the loan amount.
Mortgage insurance is available through the Canada Mortgage and Housing Corporation (CMHC), a government
insurer, or through Genworth Financial, a private mortgage insurer. Other mortgage insurers are currently entering
the market as well.
Effective January 01, 2018 all conventional mortgages must be stress tested using the Bank of Canada five year rate
or the contract rate of the financial institution plus 2%, the higher of the two rates must be used.
The mortgage stress test is not applicable to renewals unless the borrower is changing financial institutions. The
stress test may subject existing borrowers to unfavorable rates with their current lender if they are unable to qualify
with the new rules.
So which is better, a fixed rate or a variable rate? Under normal circumstances—that is, unless the prime
rate is unusually low—a client who is more risk tolerant may prefer a variable rate, while the risk-averse
client will probably be happier with a fixed rate.
MORTGAGE OPTIONS
The table below summarizes common mortgage options and features offered by financial institutions.
Prepayment
Interest Rate
Convertible Fixed Rate The borrower can convert from a short-term (up to one year) fixed-rate mortgage to
a long-term (over one year) fixed-rate mortgage
Capped Variable Rate • Interest rate will fluctuate with a benchmark rate but will not increase beyond a
prescribed interest limit
• Provides the borrower with a level of protection against interest rate spikes
Convertible Borrowers can convert from a variable-rate to a fixed-rate mortgage at any time
Variable Rate (usually only after the first year)
Other Features
Split-Term Mortgage • Lender allows the mortgage terms to be split into three to five parts to minimize
the borrower’s interest rate risk at renewal
• Combination of all possible terms is available
EXAMPLE
Henk and Sonja Wiese have $50,000 saved toward a down payment and are looking for a house to purchase.
They compare a three-bedroom house and a four-bedroom house in the same neighborhood. The three-bedroom
house is $250,000 while the four-bedroom house, which has a nicer yard as well as the extra bedroom, is
$275,000. Bryan Lee points out to them that if they buy the three-bedroom house, they won’t have to purchase
mortgage insurance because their down payment is 20% of the house’s price. Bryan also advises them that
locking in at a fixed interest rate is a good idea, because the prime rate is currently the lowest it’s been in a long
time and is likely to rise over the next few years.
Did you know that the rate posted by a financial institution is often higher than the achievable rate? The
wise borrower will always shop around for a low rate.
Lower-than-market interest rates are often available for mortgages directly from builders on new home purchases.
Builders act as middlemen between borrowers and banks by booking blocks of funds with their bank for financing
a block of homes. Frequently, there are limitations on time frames or purchase prices to meet the prearranged
financing. These builder loans can be an attractive incentive to purchase a new home when rates are rising.
PAYMENT PLANS
While blended payments of principal and interest are the standard repayment arrangement, there are other
potential methods of payments on a mortgage loan, as described below:
• An interest-only loan has no amortization period. Also known as a straight-line mortgage (the principal
portion is unchanged), it is primarily used in bridge financing, not permanent mortgages.
• A mortgage with a constant principal portion and a declining interest component is a declining payment plan,
and not a popular option.
• The payment due at the end of the term of a mortgage is called the balloon payment. It is then that the
outstanding principal balance can be renewed or paid off. A loan for longer terms, such as 10 years, can have a
contractual requirement for a principal repayment at an earlier date during the term.
PREPAYING A MORTGAGE
Prepayment is defined as early payment of a mortgage loan.
• An open mortgage is one that has no restriction on prepayment of principal—that is, money borrowed today
can be paid back at any time during the term of the loan without penalty.
• A closed mortgage is one where prepayment of the entire principal is not allowed during the term of the loan
without penalty.
Some prepayment rights are guaranteed by law and cannot be waived by the client. These rights are contained in
the Canada Interest Act and govern in all jurisdictions of the country. The Canada Interest Act permits prepayment
of a conventional mortgage (where the borrower is an individual) after the fifth anniversary of the mortgage, with
a statutory maximum prepayment penalty equivalent to three months’ interest. The fifth-anniversary rule does
not apply to mortgages with corporate borrowers where the terms of prepayment are wholly determined by the
contract between the two parties.
Along with a favourable interest rate, the ability to prepay under certain conditions and without penalty
is one of the most desirable features that clients look for in a mortgage loan.
PREPAYMENT OPTIONS
Most institutions today offer a wide range of prepayment options to suit customer needs. Some are
described below:
• Lump-sum prepayments permitted annually on the anniversary of the mortgage (limits range between
different banks)
• Annual double-up payments where two mortgage payments are made at once
• Regular increased monthly, bi-monthly, bi-weekly or weekly payments (up to double)
EXAMPLE
Bryan Lee advises Imre and Katrina Docek to take advantage of the not-in-advance calculation of interest by
making an annual lump-sum payment on the loan. When they make two mortgage payments at once on an
annual basis, the extra payment is applied directly toward the principal. This shifts the interest-to-principal ratio
and eliminates the debt sooner.
PAYMENT SCHEDULES
SELECTING AN APPROPRIATE PAYMENT SCHEDULE
Mortgagors can save money on a mortgage loan in two ways:
• By shortening the amortization period
• By increasing the frequency of payment
In Canada, mortgage rates are quoted as an annual rate with semi-annual compounding. The loan is usually repaid
in monthly payments, with the effective annual rate (EAR) always disclosed in the mortgage document.
While many clients will often initially assume a 25-year amortization period on a mortgage loan, it is generally
advisable to select the shortest amortization period possible. A mortgage loan with a 20 or 15 year amortization
period is paid off faster than a mortgage loan with a 25 year amortization period. A shorter amortization period will
save substantial interest costs and improve a client’s net worth.
Institutions usually offer a choice of weekly (52 payments), bi-weekly (26 payments), semi-monthly (24 payments)
or monthly (12 payments). By selecting a more frequent mortgage payment, the amortization period is effectively
shortened and interest costs are reduced.
Lenders also offer accelerated on the same periods, mostly on bi-weekly or accelerated weekly payments:
Accelerated Bi-Weekly Instead of multiplying the regular monthly payment by 12 and divide it by 26, this
Payment payment is normally calculated by dividing the monthly payment amount by two
and making 26 payments of that amount during the year. The accelerated bi-weekly
payment has the same number of payment periods as a biweekly payment, but the
payment amount is higher.
Accelerated Weekly Instead of multiplying the regular monthly payment by 12 and divide it by 52, this
Payment payment is normally calculated by dividing the monthly payment amount by four and
making 52 payments during the year. The accelerated weekly payment has the same
number of payment periods as a weekly payment, but the payment amount is higher.
An accelerated payment schedule can have the same effect as making one extra monthly payment
each year!
EXAMPLE
Here’s an example of how a shorter amortization period can save money. Janet Benjamin plans to purchase a
house for $140,000. She intends to use $40,000 of her savings as a down payment and finance the remaining
$100,000 with a 5-year term mortgage at a 7% annual percentage rate.
If Janet amortizes the mortgage loan over 15 years instead of 25 years, she will make monthly payments of $893
compared to $700. She will reduce her total interest costs from $110,123 to $60,785, saving $49,338 over the
15 year amortization period.
All calculations have been completed using the RBC mortgage calculator and rounded to the nearest dollar.
Remember that the total interest costs do not take into account the opportunity cost of savings
alternatives. For example, Janet could also choose to invest surplus funds or pay down other debt
instead of making larger mortgage payments.
New Total
Calculating Payment Payments Amount of
Payment Amortization Interest
Payment Period per Year Payment
in Years Costs
12 monthly
Monthly 1 month 12 $700 25.0 $110,123
payments
Semi-
Monthly/2 ½ month 24 $350 24.9 $109,322
monthly
Monthly ×
Bi-weekly 2 weeks 26 $323 24.8 $108,086
12/26
Monthly ×
Weekly 1 week 52 $162 24.7 $107,715
12/52
Accelerated
Monthly/2 2 weeks 26 $350 20.5 $86,252
Bi-weekly
Accelerated
Monthly/4 1 week 52 $175 20.4** $85,978
Weekly
* Mortgage Calculations: All calculations have been completed using the Royal Bank’s mortgage calculator (see www.royalbank.com).
** New Amortization in Years: The difference between 20.4 years in the table above and the time value of money calculations 20.54 years is
due to rounding.
Increasing Frequency of Payments versus Accelerating Payments: If Janet increases the frequency of her payments
from 12 monthly payments ($700 monthly) to 52 weekly payments ($162 weekly), the total interest costs will
decrease by $2,408 ($110,123 – $107,715). However, real savings occur if Janet accelerates the weekly payments.
For example, if she pays $175 weekly on an accelerated basis compared to $162 weekly, total interest costs will
decrease by $21,737 ($107,715 – $85,978).
In order to calculate the amount of the accelerated weekly payment, we must first express the semi-annual rate as
an effective period rate (52 weeks).The effective weekly rate is calculated as shown below in steps 1 to 3.
Step 1: 2 (x,y) 7.00 2ndF →EFF 7.1225;
Step 2: 52 (x,y) 7.1225 2ndF →APR 6.8848;
Step 3: 6.8848 ÷ 52 = 0.1324% (weekly rate based on EAR of 7.1225%).
Key In Display
100000 PV 100,000.00
700 ÷ 4 = +/− PMT –175.00
0.1324 i 0.1324
COMP n −1,068 (rounded)
1,068 weeks = 20.54 years**
PAYMENT SCHEDULES
The example below shows a partial payment schedule for a $150,000, 25-year mortgage at a fixed rate of 4%
interest. We suppose monthly blended payments of $789.04 over the 25 years.
It illustrates how the balance between principal and interest payments shifts and eventually reverses over time, so
that early payments consist mostly of interest and later payments consist mostly of principal.
The calculations above were made using the RBC Mortgage Calculator
DIVE DEEPER
Click on the Job Aids Link to see examples of the following calculations:
Calculating the Equivalent Monthly Rate Job Aid.
Calculating Mortgage Payments and Outstanding Mortgage Balance Job Aid.
MORTGAGES:
Clients can take out a mortgage loan through one of the following providers:
• Chartered banks
• Trust companies
• Credit unions/Caisses populaires
• Life insurance companies
Clients have the option of choosing a conventional or a high-ratio (insured) mortgage at a fixed or variable rate.
Clients also have the choice of an open mortgage, with prepayment options, or a closed mortgage, with no
prepayment options.
Making lump-sum prepayments or increasing the frequency of payment will shorten the amortization period of a
loan and save interest costs.
3 | Determine the down payment, mortgage payments and costs of purchasing a home.
Clients who have been approved for a mortgage loan to purchase a home must take the following factors into
consideration to determine what they can afford:
• Down payment
• Mortgage insurance (if mortgage is high ratio)
• Land transfer tax and other fees
• Mortgage payment
• Monthly installment debts
• Gross Income
As well as the month-to-month costs of owning a home, clients need to know how much money they will need up
front, including not only the down payment but all fees and start-up costs. Your job as an advisor is to help your
clients determine a financial target and put a plan in place to achieve it.
After learning to assess home affordability, you will be able to make accurate calculations for your clients so that
they can confidently set realistic home-buying goals and work effectively to achieve them.
Down Payment Future Value (FV) 20% of the home’s value plus start-up costs and fees (for
Required a conventional mortgage)
Current Savings Present Value (PV) The client’s current savings toward down payment
determined by net worth statement
Accumulation Period Term (n) Specified period over which the client must accumulate
for Savings capital to meet savings objective
Regular Savings Payment (PMT) The amount the client can save on a regular basis
determined by the current cash flow statement and included
as a savings objective in the projected cash flow statement
Rate of Return Interest (i) Expected return over the accumulation period from
conservatively invested funds (to preserve capital)
• Non-registered investment calculated as
after-tax return
• Registered investment calculated as before-tax return
EXAMPLE
George and Nathalie Desjardins want to purchase a house in 4 years. They currently have $25,000 in non-
registered investments to use toward their down payment. Over the next 4 years, they expect to save
an additional $6,000 p.a. (at the end of each year) and earn an after-tax return of 3% p.a. on all of their
investments. At the end of 4 years, the Desjardins will have accumulated $53,240 to use toward a down payment
on their house:
Remember that clients who do not have enough capital to qualify for a conventional mortgage will have
to take out a high-ratio mortgage. In that case, they will incur additional costs for mortgage default
insurance. Make sure these clients have explored other options (such as using RRSP funds) to meet the
20% requirement if possible.
An eligible first time home buyer with a down payment of 5% who purchases a newly constructed
home valued at $400,000 can apply for a 10% shared equity with the CMHC. This would reduce the
borrower’s mortgage from $380,000 to $340,000. This can reduce the borrower’s monthly mortgage
costs by as much as $228 per month.
Clients with high discretionary expenses may find their budget will not support a 32% GDSR. On the
other hand, clients who are thrifty may be able to carry a higher GDSR. The decision on how much
clients can afford for a mortgage loan is partly based on their priorities. If owning a home is a major
priority, then other objectives may need to be postponed.
A projected cash flow statement can be constructed to determine the funds available for a mortgage payment after
considering all of the additional home ownership expenses and ongoing costs.
To determine whether a client can afford to purchase a home, the following key factors must be assessed:
• Price of the home
• Client’s down payment
• Size of the mortgage loan
• Monthly installment debts
• Gross Income
Step 3 Determine the maximum monthly mortgage payment using the affordability tests:
• Test 1: GDSR
• Test 2: TDSR
Step 4 • Determine the maximum affordable mortgage loan given the maximum monthly mortgage payment
and the available down payment (Step 1) excluding start-up costs (Step 2).
• Then determine the maximum affordable home purchase price based on the maximum affordable
mortgage loan together with the down payment.
Step 1 Determine the client’s existing capital and projected monthly and annual savings for down payment
and start-up costs.
The MacDonalds have $36,000 in non-registered assets to use toward a down payment. Over the next 4 years,
they expect to invest $5,500 p.a. at the beginning of each year and earn a real, after-tax return of 4% p.a. on all of
their non-registered assets. The MacDonalds will accumulate $66,400 (A) at the end of 4 years to use as a down
payment and to meet start-up costs on their home.
Key In Display
2ndF BGN
36000 +/– PV –36,000.00
4n 4.00
4i 4.00
5500 +/– PMT –5,500.00
COMP FV 66,405 (rounded) (A)
The MacDonalds estimate their home start-up costs will be $8,500 (B). Their ongoing annual expenses for home
ownership, excluding the mortgage, will be $7,500 (C).
Estimated Start-Up Costs for Home Estimated Ongoing Annual Home Expenses
Total of fees and closing costs 3,000 Property taxes (GDS)* 2,800
Moving expenses 1,000 Home insurance 800
Repairs, renovations, hook-ups, etc. 2,000 Life insurance for mortgage 300
Furniture, appliances 2,500 Heat (GDS)* 2,400
Repairs, renovations, decorating 1,200
Total (B) Total (C)
$8,500 $7,500
* Note that these are the numbers used in the Gross Debt Service Calculation (GDS) in Step 3.
Therefore, the MacDonalds will have a down payment of approximately $57,900. This is calculated from the
projected capital of $66,405 from Step 1 minus the estimated start-up costs of $8,500 (B) ($66,405 − $8,500 =
$57,905 [rounded to $57,900]).
Step 3 Determine the maximum monthly mortgage payment using the affordability tests:
• Test 1: GDSR
• Test 2: TDSR
CONVENTIONAL MORTGAGE
THE MACDONALDS
The MacDonalds’ would like to purchase a small home in the suburbs. Their combined gross income is $66,900 p.a.
and they have no existing debt. They have saved $66,400 and expect closing and moving fees to be $8,500, leaving
them with a down payment of $57,900 ($66,400 – $8,500 = $57,900) The expected property taxes are $2,800
p.a. ($233 per month) and heating will cost $2,400 p.a. ($200 per month). There are no condo fees expected as it
is a detached home. The current rate for a 5-year term mortgage is 7% p.a. (it is assumed that this rate will remain
unchanged over the next 4 years). They have a visa card with a $5,000 limit and zero balance (3% of the limit used
in TDS). They would also like to purchase or lease a small car, if they can find one that fits their budget ($296 taxes
included per month).
To determine the maximum monthly mortgage payment, the MacDonalds’ assess their GDS ratio (“Test 1”) and
TDS ratio (“Test 2”). The GDS and TDS are used by the banks to determine the size of the maximum affordable
mortgage loan.
Based on the GDS and TDS ratios, the maximum monthly mortgage payment the MacDonalds’ qualify for is $1,350.
This amount is determined as follows:
Gross annual income Annual property tax Heating 50% of condo fee
32% × − − −
12 12 12 12
From the GDS ratio, the amount of the total monthly housing-related costs (mortgage principal + interest +
property taxes = PIT) the MacDonalds’ can afford is $1,784 per month (32% × annual gross income of $66,900/12).
Since property taxes are $233 per month and heating $200 per month, the maximum mortgage payment lenders
will allow is $1,351 per month ($1,784 – ($233 + $200)). We will use $1,350 for the purposes of this illustration.
Since the MacDonalds’ have no other debt but they have a visa card with a zero balance and a limit of $5,000 and
are planning on leasing or purchasing a small car as the house is in the suburbs. The TDS ratio will not affect the
maximum mortgage payment as the minimum payment on the credit card would be $150 if used to the limit and
the lease monthly payment will not exceed $296 taxes included. The MacDonalds’ can afford to have expenditures
that do not exceed $2,230 per month (40% × annual gross income of $66,900/12). Since the gross debt payment is
$1,784, the maximum monthly debt payment lenders will allow is $446 per month ($2,230 – $1,784). Considering a
credit card payment of $150 and a potential lease of $296, there is no room for any additional installment payments.
Step 4 • Determine the maximum affordable mortgage loan given the maximum monthly mortgage
payment and the available down payment (Step 1) excluding start-up costs (Step 2).
• Then determine the maximum affordable home purchase price based on the maximum
affordable mortgage loan together with the down payment.
Then
Key In Display
1350 +/– PMT –1,350.00
0.5750 I/Y 0.5750
300 n
0 FV
COMP PV 192,744 (rounded)
To determine the maximum affordable home, the MacDonalds’ approximate down payment of $57,900 is added
to the mortgage loan amount of $192,744, for a total of $250,644. This is the approximate house price the
MacDonalds’ can afford to purchase if they have a down payment of $57,900 and they finance the balance with a
mortgage of approximately $192,744.
Please note that based on the down payment of $57,900 a client could consider a house in the price range of
$289,500 [$57,900/0.20], assuming the client has sufficient income to qualify for the mortgage. As explained
above, this price is not a feasible option for the MacDonalds’.
EXAMPLE
When Bryan Lee’s clients Jason and Tamara MacDonald want to buy a house, this is how they will determine
what they can afford:
• They determine a savings goal based on what they currently have in savings and what they believe they can
save over the next four years to include all the associated costs of home ownership.
• They calculate the start-up costs associated with buying a home and subtract that amount from their savings
target to determine the down payment amount.
• They calculate ongoing expenses, not including mortgage payments.
• They determine how much they will be able to pay each month on their mortgage loan based on their GDSR
(as they have no other debt payments, the GDSR becomes the TDSR).
• They determine how much mortgage they can carry based on the monthly payments they can afford.
• They determine the maximum amount they can afford to pay for a house based on their mortgage limit and
their down payment.
The amount the MacDonalds save for a down payment will determine the size of the mortgage loan and
the price of the home.
Fees and taxes can add a significant amount to the cost of buying a home. Many clients are unaware of
the hidden costs involved in the decision to become a home owner.
MORTGAGE INSURANCE
For the benefit of having a mortgage insured by any qualified mortgage insurance company, the borrower must pay
an insurance premium. Qualified mortgage insurance companies include:
• CMHC
• Genworth Financial Canada
• Canada Guaranty Mortgage Insurance Company
The benefit to the borrower of an insured mortgage could be more competitive interest rate pricing, as the lender
effectively has a Government of Canada guarantee that the loan will be repaid as agreed.
The insurance premium, a one-time fee, can either be paid in full when the loan is disbursed or amortized over the
life of the loan and repaid over time with each mortgage payment.
Amortizing the insurance premium over the life of the loan reduces the need for cash up front but
significantly increases the cost. Using a short-term debt such as a line of credit to pay the premium up
front may be prudent.
Loans that qualify as conventional mortgages, which do not require insurance under the law, can also apply for and
receive insurance.
If the loan-to-value ratios have increased when a mortgage is renewed, a new fee is payable on the entire loan
amount, not just the incremental loan amount. This may occur where a mortgagor, at first mortgage renewal,
wishes to refinance a second mortgage to take advantage of lower, first mortgage rates.
APPRAISAL FEE
A financial institution usually requires an appraisal of a property before it will advance a mortgage loan to be sure it
will sell on the market for at least the amount of the loan.
While the market values of investments such as stocks and bonds are readily available in the financial press, a
home’s market value is not observable and must be estimated. A formal estimate of a home’s value is called
an appraisal.
A home’s market value is defined as the highest price a buyer will pay if the house is for sale in the open market,
under normal circumstances (without financial pressure or distress), with reasonable time to find a willing buyer.
Remember that a property may be undervalued if the owner is forced to sell through power of sale, loss
of employment or a marriage break-up.
The two common methods used to value a home are the direct market comparison approach and the cost approach.
Direct Market Properties are valued by comparing the • Locate recently sold properties in the
Comparison prices at which similar properties in the local market that are similar to the
same area have been sold. home being appraised.
Adjustments must be made for differences • Make adjustments to account for
among properties. varying characteristics between homes.
Cost When there are no sales of comparable • Estimate the land value.
homes in the same area in the recent past, • Add the cost of rebuilding the
or if data is unavailable, the cost approach existing home.
can be used.
• Subtract the home’s accrued
The concept behind the cost approach is that depreciation, such as wear and tear
at any time, home values should not rise and obsolescence.
above the cost of rebuilding the home as if it
were new, plus the cost of the land value.
Some of the factors an appraiser may consider when doing a direct market comparison appraisal include:
• Lot and building size
• Type of construction
• Parking
A newly built home is an example of a situation where a cost appraisal is more appropriate.
MORTGAGE BROKERS
Your client may choose to use the services of a mortgage broker. These brokers are licensed provincially to provide
assistance to the public in finding mortgage funds.
As with real estate agents, the best way to select a broker is through a reference from a satisfied customer.
Generally, for residential mortgages, the broker is compensated by the lending institution with a finder’s fee for
bringing in the business.
CLOSING COSTS
Miscellaneous closing fees include:
• Condominium Estoppel Certificate fees (a common law certificate that outlines a condominium corporation’s
financial and legal state)
• Moving costs
• Home inspection fees
• Water quality and quantity certificate fees
• Survey fees (for older homes)
• Real estate fees (covered in the fees for the seller, important to know when calculating the equity available for
the purchase of a new property)
• Legal fees and disbursements
• Development charges, taxes, new home warranty fees
• GST on new homes
EXAMPLE
You may be able to help your client prepare for additional expenses by using other assets or lines of credit. For
example, when Bryan Lee’s client Mai Nguyen realized that her down payment would be significantly reduced by
fees and taxes, to the point that she was unable to afford to purchase a home in the price range she had hoped
for, Bryan pointed out to her that she could have access to extra funds by selling some of her other assets.
• Maximum mortgage amount and maximum house price are determined by the maximum mortgage payment.
• Fees and taxes add a significant amount to the cost of buying a home and must be factored into the client’s
calculations.
CREDITOR INSURANCE
4 | Explain the characteristics and use of the various types of creditor insurance.
INTRODUCTION
Creditor insurance is an arrangement between a money-lending institution and an insurance company to
provide insurance on the institution’s borrowing clients. The insurance may be life, disability, critical illness or job
loss insurance.
Creditor insurance is an optional product that borrowers can purchase when and where they obtain a mortgage
or other type of personal loan. It is available through a number of Canada’s largest financial institutions as well as
some specialized distributers.
For example, vehicle dealerships often sell creditor insurance to cover vehicle loan or lease payments if the
purchaser dies or becomes ill.
By learning about the different types of creditor insurance, the regulations related to them and your obligations to
your clients, you will be able to make knowledgeable recommendations and gain your clients’ trust.
DIVE DEEPER
Click on the Job Aids link to read the Creditor Insurance Premium Calculations Job Aid which shows rate
tables and examples.
Tests that are part of a routine health check that result in no indication of a health problem will have no bearing
on a claim.
Tests that are undertaken because of a known health issue must be disclosed by the borrower in the application.
Failure to do so could lead to coverage being void.
CANCELLATION POLICY
Borrowers may usually cancel a creditor policy at any time.
Also, creditor insurance typically allows a grace period after enrolment, during which the borrower may cancel with
a full refund.
Life and critical illness insurance on a mortgage, for example, typically ensure that a mortgage loan will be paid in
full in the event that the borrower dies or becomes critically ill. If the borrower becomes disabled or suffers a job
loss, disability or job loss insurance will typically cover monthly mortgage payments until the borrower recovers
and/or returns to work.
Each type of insurance will be treated in more detail in the following topic sections.
• Non-Waiver
• Applicable Jurisdiction
• Incontestability
• Suicide Exclusion
• Age of Insured
• Currency and Place of Payment
• Assignment Rights
• Beneficiary
• Limitation of Actions
Coverage Coverage decreases as the mortgage Coverage remains the same as the
balance declines mortgage balance declines
Premiums Premiums remain the same as the Amount of insurance and premiums
mortgage balance and the amount of remain the same as the mortgage
insurance declines balance declines
Control of beneficiary The lender is the beneficiary Borrower designates the beneficiary
Control of payment Funds are directed to pay off the lender Funds can be used as desired
EXAMPLE
For example, Bryan Lee’s clients Louis Bernard and Susan Frankel carried creditor life insurance on their mortgage
loan for 10 years. When Louis died suddenly of a heart attack, the insurance company paid the entire balance of
the loan to the lender. While Susan was not the direct beneficiary of the insurance, she was relieved of monthly
payments and was able to meet her financial obligations on a reduced income.
EXAMPLE
For example, when Bryan Lee’s client Angelique Ong Seng was laid off from her job as a sales representative, loss-
of-job insurance provided monthly benefits to cover the loan payments on her car. When she found a new job
after four months, the payments ceased. Angelique worked steadily in that position for three and a half years, so
when that job ended, she had passed the re-qualification period of 24 months and was again eligible for benefits.
EXAMPLE
For example, when Bryan Lee’s client Allan Fisher broke his leg in a motorcycle accident, creditor disability
insurance on Allan’s mortgage loan provided monthly coverage of his payments until he was able to return
to work.
EXAMPLE
For example, when Bryan Lee’s client Larissa Hyrchuk was diagnosed with life-threatening breast cancer, her
critical illness insurance paid the balance of her mortgage loan. The fact that she recovered and returned to work
after a year and a half had no effect on her claim.
5 | Explain the regulatory considerations an advisor must be aware of when selling creditor insurance.
Distributors of individual insurance products in Canada are regulated not only under the federal Bank Act but also
by a framework of provincial licensing bodies that oversee financial product distribution, licensing requirements,
consumer protection and market conduct.
Creditor group insurance distributors are not subject to the same requirements, and the field of creditor insurance is
largely self-regulated.
The Canadian Life and Health Insurance Association, in conjunction with provincial regulators and its member
insurance companies, has developed guidelines for the administration of creditor group insurance. These guidelines
are intended to protect the interests of borrowers.
In the same vein, the Canadian Bankers Association has prepared the Code of Conduct for Authorized Insurance
Activities, which sets out the minimum standards that apply to bank representatives who promote authorized
insurance products in Canada.
EXAMPLE
For example, because creditor insurance is designed and priced on a group basis, there is very limited
underwriting, so most borrowers will qualify for coverage. Nevertheless, if the policy holder dies or becomes ill
due to a pre-existing medical condition, he or she may be disqualified from benefits.
Because selling creditor insurance is largely a self-regulated industry, it is open to abuse, and sellers of this type
of insurance may not inform the buyer about the pre-existing condition provision.
As an advisor, you are obliged to know and abide by the codes of conduct of the industry in providing creditor
insurance products and services to your clients.
When coverage is approved, the insurer must issue an insurance certificate that includes a full description of the
coverage and terms as well as detailed information necessary to make a claim.
Find the Code of Conduct for Authorized Insurance Activities for the CBA’s guidelines in your online learning material.
EXAMPLE
When Bryan Lee’s client Paul Joss applies for a line of credit, Bryan explains the features and benefits of creditor
insurance to Paul, but he also makes sure to disclose the limitations. Paul is interested in loss-of-job insurance
because as a landscape worker for the city, he is laid off annually at the end of November. Bryan discourages
Paul from paying for loss-of-job insurance because, due to the seasonal nature of his job, he does not qualify
for benefits.
CREDITOR INSURANCE:
Creditor insurance is a form of insurance that pays the lender in the event that the borrower is unable to make loan
payments due to death, critical illness or loss of employment. Creditor insurance may take the form of a lump sum
payment or a series of payments over the life of the loan or lease. Insurance of this type may be taken out on the
following credit products:
• Personal Loan
• Line of credit
• Mortgage
Creditor insurance is a form of group insurance with limited medical underwriting, so most borrowers qualify for
coverage. However, a creditor insurance policy may contain exclusions or limitations. In particular, a pre-existing
condition provision may exclude the borrower from coverage for claims resulting from conditions that existed
before the insurance was taken out.
The borrower may typically cancel creditor insurance at any time, and there is usually a grace period after
enrolment, during which the borrower may cancel with a full refund.
The credit insurance industry is largely self-regulated. The advisor is obliged by industry codes of conduct to inform
clients of the disadvantages as well as the advantages of this type of insurance. It is especially important to disclose
any limitations or exclusions that may prevent a client from collecting benefits.
Bryan calculates the cost of creditor life insurance on its own. Then he calculates the cost of insurance including
loss-of-job, disability and creditor insurance, in various combinations.
Jason and Tamara decide to take out creditor life insurance only. Bryan begins the application process,
starting with the health questionnaire.
“IF YOU HAVE ANY CURRENT HEALTH PROBLEMS,” HE TELLS THEM, “IT’S VERY
IMPORTANT THAT YOU DISCLOSE THEM. ANY INFORMATION YOU OMIT
COULD MEAN THE LOSS OF BENEFITS.”
KEY TERMS
The Key Terms list targets some significant concepts covered in the textbook. Key terms appear
in bold text in each chapter to help you focus your study efforts on these important topics.
Because taxes have an impact on most of the products offered by financial institutions, taxation should be viewed
as an integral part of investment and financial decision-making. As an advisor, you should keep in mind that tax
planning is not a separate function that you can exclude yourself from. Although investment and financial decisions
are not made for tax reasons only, ignoring taxes can lead to poor choices that fail to maximize after-tax wealth.
When you learn how the Canadian tax system works, you will understand how it relates to your clients’ financial
situation so you can take advantage of opportunities and avoid pitfalls. Your clients will benefit as you help them to
understand the impact taxes have on their investment decisions.
INTRODUCTION TO TAXATION
Viewing tax as a factor in making financial decisions is critical to sound financial counselling. Because spending,
saving, insurance, investments and borrowing involve after-tax cash flows, tax constitutes a very important indirect
variable in the accumulation and preservation of wealth.
As an advisor, you are not in the business of providing specialized tax advice, but you are in a position to educate
your clients about the impact of taxes on their financial decisions. Keeping abreast of detailed tax laws and changes
imposed by federal and provincial budgets may be the role of a professional tax advisor, but it is important for you
to acquire enough tax sophistication to understand the tax features pertaining to individual products, as well as the
tax consequences of cross-selling more than one product.
To focus on your clients’ satisfaction, you should know their tax profiles, as well as any other financial products
they hold. Much the same way that a pharmacist needs to know which drugs a patient is currently taking so that
dangerous interactions with a new drug can be avoided, you can help your clients to avoid the consequences of
purchasing incompatible products that will adversely affect their taxes.
Keep in mind that, while tax accountants and lawyers have a strong technical knowledge of tax, they may
not be as familiar as you are with your clients’ needs and the investment products available to them.
The federal and almost all provincial governments rely primarily on income and consumption (sales) tax to finance
their expenditures, while municipalities primarily depend on wealth taxes in the form of property taxes.
EXAMPLE
Taxpayers who contribute to a Registered Retirement Savings Plan (RRSP) benefit from deferred income tax
payments, while the price of cigarettes includes a tax on top of the regular sales tax.
Every Canadian resident must pay federal and provincial income tax annually, based on their income for the year.
PAYMENT OF TAXES
Employees generally have taxes automatically withheld from their pay cheques, while those with business income
pay their taxes by instalments. Any taxes withheld by an employer or paid by instalment are applied against
the liability. If the taxpayer paid too much, the excess is refunded. If too little was paid, the taxpayer has a legal
obligation to file a tax return and submit the balance owing by a deadline.
Tax shelters, Selection of organizational form and Inter-jurisdictional splitting are advanced tax planning
techniques. If your client is inquiring about these, refer them to a tax specialist.
INCOME DEFERRAL
Income deferral takes advantage of timing so that income is claimed when tax rates are low and income is earned
on pre-tax amounts. The stability or instability of tax rates will have the following impact:
• If marginal tax rates are constant over time, taxpayers will prefer to delay recognition of income due to the
time value of money. Examples include:
Unrealized gains on stocks (where the gross or pre-tax amount is generating income)
Deferred compensation arrangements
• If marginal tax rates are declining over time, taxpayers have an incentive to delay income recognition by
sheltering income from taxes until it can be taxed at as low a rate as possible. Examples of plans where income
recognition can be delayed include:
Canada/Québec Pension Plan (CPP/QPP)
Registered Employer Pension Plan (RPP)
Registered Retirement Savings Plan (RRSP)
Registered Retirement Income Funds (RRIFs)
Life Income Funds (LIFs)
Locked-in Retirement Accounts (LIRAs)
Prescribed Retirement Income Funds (PRIFs)
Deferred Profit Sharing Plans (DPSPs)
Registered Education Savings Plans (RESPs)
• If marginal tax rates are increasing over time (due to massive budgetary deficits or changes in governing political
parties), taxpayers have an incentive to accelerate the recognition of income.
Let your clients know that the compounding effect can be magnified if they contribute at the beginning
of the tax year rather than at the end.
INCOME SPLITTING
Because taxpayers in Canada are subject to progressive tax rates, taxpayers subject to high tax brackets may prefer
to have some of their income earned by their low tax-bracket spouses or their children.
People most likely to benefit from income splitting are:
• Couples with one spouse working or with great disparity of income
• Mature households with accumulated assets
The easiest and most common strategy is for the higher-income spouse to pay for all household living expenses,
thus allowing the lower-income spouse to accumulate investment assets and earn investment income at a lower
tax bracket.
In the event of a marriage breakdown, the equalization provisions of the Family Law Act generally require assets
accumulated during the marriage to be equally divided between the spouses.
Spousal RRSP An individual may contribute to an RRSP registered in the name of his or her spouse or
common law partner and claim a tax deduction.
Any withdrawals from a spousal plan, claimed as a tax deduction by a contributing
spouse, made:
• in the year funds are contributed; or
• in the two calendar years following the year of contribution;
will be taxable to the contributing spouse in the year of withdrawal, rather than to the
recipient spouse
In the event of a marriage breakdown, however, the plan remains the property of
annuitant spouse but funds can be divided and transferred tax-free to the contributor
as part of the division of assets between spouses as per the separation agreement.
Transfer of Assets When assets are transferred between spouses, income on the assets, such as capital
gains, interest and dividends, is generally attributed back to the author of the transfer
according to the rules in the Income Tax Act. However, the recipient spouse, without
attribution, can reinvest this income.
Attribution rules do not apply if the inter-spousal transfers are documented as loans
bearing the prescribed interest rate. The interest paid by the borrowing spouse is then
deductible under the normal rules for interest expense and included in the taxable
income of the lender.
EXAMPLE
Adam contributes $10,000 to a spousal RRSP in the name of Roger, his spouse. If his marginal tax rate is 35%,
Adam can claim a tax deduction of $10,000 on his income tax return (which will reduce Adam’s immediate
tax burden by $3,500). The funds in the RRSP will grow tax-sheltered until withdrawal, ideally in retirement.
Upon withdrawal by Roger, the amount will be brought into his income and fully taxed. If Roger is in a lower tax
bracket than Adam, Roger will pay tax on the withdrawn amount at a lower rate.
EXAMPLE
Jerome transferred a mutual fund worth $40,000 to his wife Ruth last year. The mutual fund generated a return
of 7% ($2,800) on which Jerome paid his marginal tax rate of 40% ($1,120). Ruth purchased a mutual fund with
Jerome’s gain of $2,800 which then generated a return of 6% ($168). Because Ruth has no other income, she
pays no tax, whereas if Jerome had re-invested the gain in his own name, the additional $168 would be taxed at
his marginal rate.
In all cases, second-generation income is considered to have been earned by the child.
Some income splitting strategies with children include:
Strategy Method
Canada Child • Canada Child Benefit cheques are deposited in a separate chequing or savings
Benefit (CCB) account for each child.
• Parents are required to be trustees until age 18.
• The interest accumulates in the child’s name and is not taxed in the
parents’ hands.
• For children with income below the basic personal amount, this income will
attract no tax and will not diminish next year’s Canada Child Benefit.
• Since such funds become the property of the child, many parents use this
method to earmark long-term savings for post-secondary education.
RESP • Deposits to an RESP are not tax deductible, but the interest accumulates tax
free until the child enters a post-secondary institution and starts to receive
payments from the fund.
• Then, the interest portion is taxable, but since most post-secondary students
have little or no taxable income, the tax burden will be negligible.
• An RESP also allows another child to become a beneficiary, provided the
proceeds are used for educational purposes.
• Contributions to an RESP will generate a grant from the federal government
under certain conditions.
Stocks • Parents buy stocks with strong growth potential in the name of a child.
• When the child eventually disposes of the shares, capital gains that are
generated are not attributed back to the parent.
• Unlike RESPs, funds can be used for any purpose.
• This strategy entails a higher level of risk and loss of control over the
investment when the child turns 18.
Income splitting is a strategy that focuses on maximizing after-tax household net worth rather than
individual net worth.
• Taxes are levied annually and are assessed on a progressive scale, with higher incomes subject to
higher tax rates.
• The fundamentals of effective tax planning are:
Income deferral
Income splitting
Tax shelters
Selection of organizational form
Inter-jurisdictional splitting
• Deferring income allows taxpayers to claim income when tax rates are low and to earn income on
pre-tax amounts.
• When income is split between high tax-bracket taxpayers and their low tax-bracket spouses or their children,
the household’s tax liability is reduced.
“YOU HAVE $10,000 IN A GIC,” SAYS BRYAN. “WHY NOT DRAW FROM THAT?”
“THE GIC IS EARNING ONLY 5% ANNUALLY, WHILE THE PERSONAL LOAN WILL COST YOU 7%,” SAYS
BRYAN, “AND THAT’S BEFORE YOU CONSIDER THE IMPACT OF TAXES.”
“INTEREST INCOME ON THE GIC IS FULLY TAXED AT YOUR MARGINAL TAX RATE OF 50%, WHICH MEANS
YOU’RE ACTUALLY EARNING ONLY 2.5% AFTER TAXES ON THE GIC. AND THE INTEREST ON A PERSONAL
LOAN ISN’T TAX DEDUCTIBLE, SO IT WILL COST THE FULL 7%.”
“I’D BE BETTER OFF USING MY GIC, THEN, WOULDN’T I?” SAYS GRACE.
“YES,” SAYS BRYAN, “AND IF YOU LIKE, YOU CAN TAKE OUT AN INVESTMENT LOAN TO REPLACE THE
FUNDS YOU USE. THE INTEREST ON THE INVESTMENT LOAN WOULD BE TAX DEDUCTIBLE, ASSUMING YOU
PURCHASE A QUALIFYING INVESTMENT.”
Even if Grace chooses not to take out an investment loan, Bryan’s knowledge of the tax implications of her
request has helped Grace to avoid making a costly error. Although he may not make a sale, he has contributed
to Grace’s financial well-being and has bolstered his long-term relationship with her.
The Canadian personal income tax is levied by federal and provincial governments on each individual income for the
12-month period ending on December 31 of every year.
All residents of Canada must report their earnings for tax purposes from the province or territory where they live on
December 31 of the tax year.
Generally, a personal income tax return for a year has to be filed on or before April 30 of the following year. Self-
employed persons may file up to June 15, but must pay any balance owing by April 30.
A thorough knowledge of the federal and provincial rules regarding income tax returns and an understanding of
how taxes are calculated will help you understand your clients’ financial situation so you can help them make wise
investment decisions.
• Other income
TAXABLE INCOME
Total income less allowable deductions determines net income. Additional deductions are subtracted from net
income to determine taxable income.
Total income
– Allowable deductions
= Net income
– Additional deductions
= Taxable income
Taxable income
= Tax liability
ALLOWABLE DEDUCTIONS
Net income is calculated from total income by subtracting allowable deductions, including the
following examples:
• Contributions to RRSPs and RPPs
• Professional and union dues
• Business losses
• Child care expenses
• Tax shelter deductions
Net income is used to calculate some non-refundable tax credits and can also be used to qualify individuals for
government programs like the Canada Child Benefit.
ADDITIONAL DEDUCTIONS
Taxable income is calculated from net income by subtracting additional deductions, including the
following examples:
• Stock option and share deduction for employees
• Loss carryovers (net capital and non-capital losses of other years)
• Capital gains deduction
DIVE DEEPER
Click on the Job Aids link to find the T1 General Job Aid.
EXAMPLE
Ralph’s employment income during 2020 was $60,000. He has no other sources of income and is a Canadian
resident. He contributed $5,000 to his RRSP during that same year. He has no other allowable deductions. His
taxable income for last year is therefore $55,000 (60,000 – 5,000 = 55,000). His federal tax (before credits are
applied and based on the rates in the sample table) is:
On the first $48,535 (at 15%) = $7,280.25
On the next $6,465 (at 20.5%) = $1,325.33
$55,000 = $8,605.58
Federal taxes are levied annually and are assessed on a progressive scale, with higher incomes subject to
higher tax rates.
EXAMPLE
In Ralph’s case, because he lives in Ontario, he paid the following provincial taxes on his taxable income in 2020:
On the first $44,740 at 5.05% $2,259.37
On the next $10,260 at 9.15% + $938.79
Provincial taxes $3,198.16 (not withstanding credits or surtaxes)
Refundable Tax Credit Refundable tax credits are treated as having been actually paid, similar to source
withholdings and tax instalments. If these tax credits reduce federal taxes to a
negative sum, the negative balance is refunded to the taxpayer. Refundable tax
credits include:
• Refundable medical expense supplement
• Investment tax credit
• Employee and partner GST/HST rebate
• Working income tax benefit for low-income families who have earned income
from employment or business
Non-refundable Non-refundable tax credits, although they reduce federal taxes in the same way as
Tax Credit refundable tax credits, become worthless once federal taxes reach zero.
EXAMPLE
Simon has a combined federal and provincial marginal tax rate of 44%. For him, a tax deduction of $2,000
results in an $880 ($2,000 × 44%) tax savings.
It’s important to remember that total income, net income and taxable income must be greater than or
equal to zero. Most deductions in excess of income will be lost. If possible, deductions and losses that
would otherwise expire can be used up by accelerating income recognition or by realizing some locked-
in capital gains.
The total non-refundable tax credits are subtracted from the federal tax liability to get the net federal tax amount.
Unlike the deductions subtracted in arriving at net income and taxable income, the non-refundable tax credits are
worth the same to all taxpayers who have a tax liability of at least the total of such credits.
As the name suggests, these credits are not refundable, and therefore credits in excess of tax liability cannot be
used. However, except for those with a very low income, most taxpayers do not find themselves with tax credits
exceeding federal tax liability.
EXAMPLE
As calculated earlier, Ralph owes $8,605.58 in federal taxes. Assume that the total amount on which the
total non-refundable tax credits are based is worth $16,000. Using the sample tax rate of 15%, he is therefore
entitled to $2,400 ($16,000 × 15%) of non-refundable tax credits. His net federal tax is reduced to $6,205.58
($8,605.58 – $2,400).
He also receives a provincial tax credit of 5.05% of the non-refundable tax credits worth $808, so his provincial
tax is reduced to $2,390.16 ($3,198.16 – $808).
His combined federal and provincial tax for the year is $8,595.74.
EXAMPLE
For example, Ralph’s federal and provincial tax for the year is $8,595.74 and his taxable income is $55,000.
Therefore, his average tax rate is 15.63% ($8,595.74/$55,000).
EXAMPLE
Ralph’s income increases by $1,000 to $61,000. His marginal tax rate for 2020 is calculated as follows:
$8,810.58
= $3,289.66
$2,481.66
+ $6,410.58
Ralph’s marginal tax rate is much higher than his average tax rate. If Ralph’s increased income brings him
to the highest tax bracket his marginal tax rate will be even higher.
• The net federal tax amount is calculated using the following formula:
Total income
– Allowable deductions
= Net income
– Additional deductions
= Taxable income
• A tax deduction reduces taxable income on which federal tax is calculated, and therefore reduces tax paid at the
individual’s combined federal and provincial marginal tax bracket for a particular year.
• A tax credit is a specific reduction of taxes payable and has a value equal to its stated amount, regardless of the
taxpayer’s tax bracket.
A refundable tax credit is treated as having been paid and a negative tax balance is refunded to the taxpayer.
A non-refundable tax credit becomes worthless once it reduces federal taxes to zero.
• The average tax rate is the average tax rate paid on taxable income. It measures the average rate of tax
applicable on each dollar of taxable income.
• The marginal tax rate represents the tax rate applicable on each additional dollar of income a taxpayer earns.
“I WOULD LIKE TO SAVE IT RATHER THAN SPEND IT,” SAYS ISAAC. “I WAS THINKING
ABOUT PUTTING IT IN A GIC.”
“YOU COULD DO THAT,” SAYS BRYAN, “BUT IT MIGHT BE A BETTER IDEA TO PUT IT IN AN RRSP.”
“IF YOU PUT IT IN A GIC,” SAYS BRYAN, “THE AMOUNT THAT YOU WILL DEPOSIT WIILL BE LESS
THAN $5000.00 DUE TO DEDUCTIONS AT SOURCE. WHEN IT COMES TIME TO PAY YOUR
TAXES, YOU’LL HAVE TO DECLARE IT AS INCOME. IT WILL SUBSTANTIALLY INCREASE YOUR NET
FEDERAL TAX, AND YOUR MARGINAL TAX RATE WILL GO UP TOO.”
“ON THE OTHER HAND, IF YOU DEPOSIT THE GROSS AMOUNT IN AN RRSP, YOU CAN DEDUCT
IT FROM YOUR TOTAL INCOME.”
“WELL, YOUR GROSS INCOME WILL BE OFFSET BY THE RRSP CONTRIBUTION, SO IT MEANS
YOU’LL PAY LESS TAX.”
“WELL, THAT’S A GOOD THING,” SAYS ISAAC. “I THINK I’LL TAKE YOUR ADVICE.”
TYPES OF INCOME
Different types of income are subject to different rules of taxation. Income may fall under any of the
following categories:
• Employment income
• Business income
• Investment income
• Taxable capital gains
• Other income
Each type of income and the rules of taxation that govern it are explained below.
EMPLOYMENT INCOME
Employment income represents the largest single source of Canadian income tax revenue. This type of income
derives from salary, wages, commissions and any form of remuneration for work performed.
If your clients anticipate that their marginal tax rate will decrease in the year following the earning of the
bonus (for example through maternity leave or returning to school), they may want to defer receipt of
the bonus to take advantage of the reduced taxes.
An income report summarizes gross income, including all taxable benefits, Canada/Quebec Pension Plan,
Employment Insurance premiums and tax withholdings.
The report also includes information regarding contributions made by an employee to a registered pension plan and
the employee’s pension adjustment for the year.
Benefit Description
Rent-free or Housing or board and lodging provided to employees free or at a reduced price
low-rent housing (except at a remote location)
Gifts Employee gifts or non-monetary awards exceeding a maximum value of $500, with
specific limitations
Prizes Holiday trips and other prizes and incentive awards, including benefits for trips not
associated with business and the use of vacation properties
Education Tuition fees paid by the employer, unless the particular course was undertaken at the
initiative of the employer for the employer’s benefit
Reimbursement Reimbursement such as for the cost of tools required to perform duties of employment
AUTOMOBILE BENEFIT
If an employee has personal use of an employer-owned vehicle, an automobile benefit must be included in
employment income. This benefit comprises the standby charge and the operating cost.
• The standby charge represents a taxable benefit to employees when an employer’s automobile is available for
their personal use.
A reduced standby charge applies if the employee uses the automobile more than 50% of the time for work,
or if the total kilometers for use are less than a specified amount.
• When an employer provides an automobile to an employee and pays the operating cost related to personal
use, this payment represents a taxable benefit to the employee. Operating costs include gasoline and oil,
maintenance charges and repair expenses and licenses and insurance.
Basic calculation The operating cost benefit is equal to a specific cost per kilometre of personal use.
Optional calculation If the car is used more than 50% of the time for employment purposes, the operating
cost can be calculated as 50% of the standby charge.
The optional calculation is used only if requested, in writing, by the employee. The employee must determine which
of the two methods is the most advantageous before making such a request.
Note that if an employee does not use a company-owned vehicle for personal driving, there is no taxable benefit,
even if the vehicle was available to the employee for the entire year.
STOCK OPTIONS
An employee stock option permits the employee to buy specified number of the employer company’s shares at
a stated price for a stated time period, usually up to ten years. The exercise price of the option is normally priced
at or above the stock’s market value when the option is granted. The employee can exercise the option at any time
(unless restricted by vesting provisions) until the option expires.
• If the stock to which the option applies goes up higher than the exercise price, the employee has the benefit of
buying the stock at the original exercise price and benefiting from the spread of the two values.
• If the market price of the company’s stock decreases, the employee allows the option to expire and is not forced
to buy the stock.
The principal advantage of an employee stock option plan is that the employee incurs no financial outlay or taxable
benefit, unless the option is exercised. Employees are in turn motivated by the potential benefit to perform in a
manner that increases share price.
For example, ABC Corp. offers its executives a stock option plan that allows them to acquire 1,000 shares at $10
each. Because the cost to the executives is fixed at $10 per share, they are motivated to increase the stock price
above $10.
The value of the taxable benefit is the difference between the fair market value (FMV) of the shares at the time of
exercise and the exercise price, plus any fees paid for the option.
When an employee of a corporation exercises or disposes of an employer stock option, a deduction equal to one-
half of the amount of the taxable benefit can be claimed, provided the employee deals at arm’s length with the
company and the option’s exercise price was not less than fair market value when the option was granted.
For employees of a Canadian Controlled Private Corporation (CCPC), the tax treatment arising from shares acquired
under a stock option plan are more favourable. The shares are taxable only when the shares are sold, not at the time
of exercise. It is important to note that the deduction in preceding paragraph may also be applicable to CCPC’s if
the employee has held the shares for two years.
Make sure you review the tax implications of the amount and timing of stock options with your clients.
EMPLOYEE LOANS
Another common benefit that employees may receive from employers is low-cost or non-interest-bearing loans.
Such loans result in a taxable benefit, which is included in the employee’s employment income. The benefit is
calculated as shown below:
Outstanding loan × (prescribed interest rate* – interest rate on loan)
* The prescribed interest rate is determined by the Canada Revenue Agency (CRA) and is adjusted every three months. The benefit is
therefore calculated quarterly if the prescribed rate changes during the year.
If the repayment period exceeds five years, however, it is assumed that a new loan is agreed to every five years with
a new rate corresponding to the prescribed rate in effect at that time. This ensures that the employee is protected
against any increase in the prescribed rate for a period of five years.
To reduce income taxes, your clients may wish to reduce salaries and wages in exchange for non-taxable benefits.
BUSINESS INCOME
For income tax purposes, the business category includes any activity carried out with the intention of generating
profits. It could include profits earned from babysitting, shovelling snow or cutting grass for neighbours, operating
a paper route, selling products from home or being a proprietor/partner of a professional business such as a doctor,
dentist, accountant or lawyer.
EXAMPLE
Jill Cambria makes jewellery as a hobby and often sells what she makes at craft fairs. She conducts her hobby
as a business, which allows her to claim material, travel, studio and other expenses as a business cost. Because
she earns more than she spends on her business, these deductions are legitimate. However, when an individual
cannot show that a hobby business has a reasonable expectation of profit, such expenses may be non-deductible.
If reasonable effort, time and money have been expended and an occasional business loss occurs, the Canada
Revenue Agency will not likely disallow the loss, as there is a reasonable expectation of profit.
It’s a good idea to review a client’s tax return for the current year and a few years preceding to assess
whether business losses have been incurred and to evaluate the reasonable expectation of profit for the
business. Other professional advice may be required.
Gains or losses are only 50% taxable or deductible Gains (income) are fully taxable
Losses can only be used to offset capital gains Losses are fully deductible against any income
EXAMPLE
Clarence O’Brien sold three acres of land and realized a gain of $10,000. If he declares this as a business profit, he
will have to add the entire amount to his business income for tax purposes. As a capital gain, he adds only $5,000
to his income.
It is important that your clients document their course of conduct in acquiring, holding and disposing of
a property. Written evidence illustrating the purposes is crucial to substantiate a taxpayer’s position.
The Canada Revenue Agency and the courts look to the factors below to determine the primary purpose of an activity:
Purpose of acquiring the property Provides the owner with a long term Resold at a profit
or enduring benefit
Period of ownership Held for a long time Held for short time
Nature of transaction Used to earn investment income Used only to profit from the sale
(rent, interest or dividends) of property
Relationship of transaction to the Transaction is unrelated to the Transaction is similar in nature to the
taxpayer’s business taxpayer’s business taxpayer’s business
Number and frequency of Transactions are very infrequent* Buying and selling transactions are
transactions frequent
* Depending on other factors, the courts sometimes deem infrequent (or even solitary) transactions to be an adventure or concern in the
nature of trade and thus business income.
NET PROFIT
An entity’s net profit or loss from a business venture represents business income for tax purposes. Net profit is not
specifically defined in the Income Tax Act, but the courts generally recognize that it represents profit (revenue less
all expenses necessary to generate that revenue).
REVENUE OR SALES
Revenue or sales represents the value of all products or services sold or performed during the fiscal year, normally
from January 1 to December 31.
Revenue must be recorded using the accrual basis, and not the cash basis, as defined below:
Accrual Revenue is reported once the product/service has been delivered, or invoiced.
Make sure your clients are reporting their revenues on the accrual basis, when invoiced, not when cash is
collected. Otherwise, interest charges may be assessed by the CRA.
RECORDING EXPENSES
Similarly, expenses are recorded on the accrual basis, that is, claimed when the invoice is received and not when it is
actually paid.
At year-end, clients should record all expenses relating to the current year, even though they will not be
paid until after year’s end.
RECORDING INVENTORY
Products purchased for resale are called inventory. For tax and accounting purposes, inventory is expensed only
when sold or when it becomes valueless. This expense is called cost of goods sold. The practice of expensing
inventory only when sold is called the matching principle.
In calculating CCA for a particular year, only 50% of the prescribed CCA rate on assets purchased within that year
may be used. This rule is applied when there are net acquisitions (acquisitions minus dispositions in the same
category) over the course of the year.
The 2019 federal budget introduced an enhanced CCA for eligible zero-emission vehicles purchased on or after
March 19, 2019 and available for use before January 1, 2027.
Refer to the Income Tax Act to see the different classes of assets and the rates defined for each class.
EXAMPLE
Automobiles under $30,000 belong to Class 10. The prescribed CCA rate for this asset class is 30% declining
balance. Only 15% (50% of 30%) of the cost of the asset may be depreciated in the year of purchase.
Therefore, a car purchased last year for $20,000 results in a CCA of $3,000 (15% × $20 000 = $3,000) for last
year. This year, the CCA will be $5,100 (30% × $17,000).
DISPOSITION OF ASSETS
When an asset is disposed of, the UCC of that asset class is reduced by the amount of proceeds received (unless the
proceeds exceed the asset’s original costs, in which case the pool is reduced by the original cost only).
The amount of proceeds that exceeds the cost represents a capital gain subject to tax.
EXAMPLE
A car originally purchased for $3,000 several years ago is sold for $5,000. The UCC of the class is reduced by
$3,000 (the lesser of proceeds of $5,000 and cost of $3,000) and a $2,000 capital gain is realized.
RECAPTURE OF CCA
A negative UCC balance is created when the CCA claimed on a particular class exceeds the actual economic
depreciation of the asset.
Recapture represents the amount of CCA over-claimed in the past. Because CCA was deducted as an expense, this
excess CCA must now be included in income.
EXAMPLE
A building with an original cost of $100,000 has a UCC balance of $40,000, meaning that CCA of $60,000 has
been claimed in the past.
If the building is sold for its fair market value of $80,000, the UCC balance at the end of the year will be negative
(–$40,000).
The actual economic depreciation of the building is $20,000 ($100,000 – $80,000) but the taxpayer claimed
CCA of $60,000 ($100,000 – $40,000). The taxpayer therefore over-claimed $40,000 CCA in the past and must
now include that amount in income.
TERMINAL LOSS
A terminal loss occurs when a taxpayer claims less CCA than the actual economic depreciation of a particular asset.
A terminal loss is deductible for tax purposes.
A building with an original cost of $100,000 has a UCC balance of $40,000, meaning that CCA of $60,000 has been
claimed in the past.
If a taxpayer sells the building for its fair market value of $30,000, the UCC balance at the end of the year
will be $10,000.
Since there is no asset left in the class at year-end, the $10,000 is a terminal loss and can be deducted from income
this year. The terminal loss represents unclaimed CCA.
The actual economic depreciation of the building is $70,000 ($100,000 – $30,000), but the taxpayer claimed CCA
of $60,000 ($100,000 – $40,000). The taxpayer therefore under-claimed CCA of $10,000 in the past and can now
deduct that amount from income. A terminal loss is the opposite scenario of a recapture.
INVESTMENT INCOME
Investment income, also known as property income, is generally regarded as a return earned on invested capital. It
includes items such as interest, dividends, rents and royalties.
Although the general principles are the same, different types of investment income are governed by unique tax rules.
INTEREST INCOME
Interest income is defined as the compensation received for the use of borrowed funds.
Interest income is 100% taxable when received or receivable. Unpaid or accrued interest is included in taxable
income every year or deferred for not more than one year.
The after-tax return on each additional dollar of interest income is calculated as:
(1 − tax rate) × interest rate
For example, the after-tax return on a GIC providing a 5% yearly return (before tax) for a client who is subject to a
40% marginal tax rate is 3%, calculated as:
(1 – 0.4) × 5% = 3%
Two accounting methods for reporting interest for tax purposes are offered to taxpayers (not including
corporations). They are as follows:
• The cash method, where interest is reported in the year it is received, is used to report regular interest. This
method has some restrictions.
• The accrual method, where interest is recognized as being earned on a daily basis regardless of the date
actually received or receivable, is used by businesses to report interest earned on investments.
Taxpayers must use the chosen method in subsequent years for interest derived from the same source.
EXAMPLE
Last year, Vincent bought a one-year $10,000 GIC at 1.5%, the interest on which is paid annually and which falls
due on June 7 of this year.
On June 7, he receives $150. With the accrual method, he must declare interest income of $85.07, or $150 ×
207/365, for last year. This year, he must declare the remaining interest income of $64.93.
EXAMPLE
Last year, Jane lent $10,000 at 10% interest to a friend’s business. The loan interest will not be paid for five years,
at which time Jane will receive $15,000 ($10,000 principal plus five years’ interest).
Jane is required to report and pay tax on $1,000 of accrued interest income each year beginning on the first
anniversary of the loan. That is, if the loan is given on January 1 of last year, a full year of interest must be
included as income on January 1 of this year and therefore reported in Jane’s tax return for this year.
Recommend to your clients that it’s preferable to hold these types of investments in an RRSP, where
accrued interest is not taxable until withdrawal.
The preferential impact on income of capital gains should motivate investors in a high tax bracket
towards the purchase of discounted securities.
DIVIDENDS
A dividend is a distribution of profits to the shareholders of a corporation. It is important to note that a firm
distributes dividends only after it has paid off the interest on its outstanding bonds and honoured its tax obligations.
Dividends received by individuals from Canadian corporations are taxed in a unique and complex manner that was
designed by public authorities to encourage Canadians to invest in Canadian equities. It was also designed as part of
a plan to integrate corporate and shareholder income, thus eliminating the double taxation of dividends.
There are two types of dividends: the eligible and the non-eligible dividends.
Eligible dividends are received by individuals from public corporations and Canadian-controlled private corporations
(CCPCs) that have been paid out of business income taxed at the high corporate tax rate. Non-eligible dividends are
received from CCPCs that pay tax at the small business rate. Only the eligible dividends are discussed below.
TAXATION OF DIVIDENDS
Eligible dividends are calculated for taxation in the following way:
1. The dividends actually received are grossed up and included in taxable income as taxable dividends.
(The gross-up amount reflects the corporate taxes presumably already paid on corporate income.)
2. The grossed-up taxable dividend is subject to tax at the individual’s tax rate.
3. A dividend tax credit is then deducted from the tax liability to arrive at the net federal tax.
The percentage of gross-up and tax credit per year for eligible dividend:
2020
Note that the dividend tax credit is lost if it cannot be used in the year the dividend was received.
The dividend tax credit is calculated independently of the tax rate, and is available only for dividends received from
Canadian public or private corporations.
EXAMPLE
Karen owns shares of a large Canadian bank. Last year, she received $1,000 in dividends from those shares. Karen
is taxed at a 40.16% marginal tax rate (that is, 29% federal and 11.16% provincial). Excluding surtaxes and using
a 38% dividend grossed up and a dividend tax credit of 15.02%, the amount of tax payable on this source of
income is:
Note that at the time of sale the property does not have to have been be held for a long time, as long as the
taxpayer intended to achieve benefits from the capital property over a long period of time.
Excess allowable capital losses can be carried back three years and forward indefinitely to offset taxable capital gains
realized in such periods.
A capital gains exemption for shares of a small business corporation and certain farm property is
available for Canadian residents. Be sure to investigate whether this applies to your clients’ situation.
Keep in mind that allowable capital losses can only be deducted from taxable capital gains, whereas
losses from business and property can be deducted from any source of income.
P = Proceeds of disposition The actual or deemed selling price received when a property is sold
ACB = Adjusted cost base The original purchase price plus other costs incurred to acquire the
property, including brokerage fees, installation costs and legal fees
E = Expenses of disposition All costs incurred to complete the sale, such as legal fees, brokerage
fees and commissions to agents, to name a few
The gains or losses are calculated based on a starting point known as a Valuation Day (V-Day). There are
two V-Days:
• December 22, 1971 for publicly traded (common or preferred) shares or securities
• December 31, 1971 for all other capital property
The V-Day value of the property is its fair market value on that date.
The taxation authorities’ adopted method for eliminating the accumulated gain or loss as of V-Day will differ
depending on whether the property is non-depreciable or depreciable:
Depreciable Property If taxpayers declare a capital gain for depreciable property that was acquired before
1972, they may be required to adjust the proceeds of disposition before calculating the
capital gain. This calculation will be used to eliminate any capital gain that might have
been accumulated before the Valuation Day.
Non-Depreciable For any capital gain or loss that is declared on non-depreciable property that was
Property acquired before 1972, a deemed cost of the property must be determined and will be
used in calculating the capital gain or loss. This deemed cost can be established using
either the V-Day value of the property or the median rule method, described below.
Note that if the taxpayer has elected to use the V-Day value for another item
of property in a previous year, they must continue to use this method for all
non-depreciable property that they owned on December 31, 1971.
When two or more of these amounts are the same, that amount will be the median amount.
EXAMPLE
Last year, Victor disposed of 1,000 shares in a public corporation that he had acquired on July 6, 1967 for a per-
share price of $2. The proceeds of disposition were $16 per share. Fair market value as of December 22, 1971 was
$6 per share.
If Victor uses the median rule method, the deemed cost per share will be $6 (the median amount of $2, $6 and
$16). In this case, the same result would have been obtained using the V-Day value.
His capital gain per share will be $10 ($16 – $6), which only represents the portion of the gain that was
accumulated after 1971.
SPECIAL ELECTION
A special election is available to permit individuals to treat Canadian securities as capital property, therefore
making all gains or losses capital gains or losses. This may help taxpayers who are concerned that their high
level of share transactions will cause the Canada Revenue Agency to consider the gains on the sale of shares as
business income.
Consider delaying the sale of all or part of an asset until after year-end to defer the capital gains tax.
Remind your clients to keep records of net capital losses. They can be carried back three years or carried
forward to offset taxable capital gains.
In certain cases, a disposition is deemed to have occurred for tax purposes when a property has been converted from
a personal use property to an income-earning property or vice versa. When this occurs, the taxpayer is deemed to
have disposed of the property at its current fair value, thus realizing a capital gain or loss.
EXAMPLE
Suzanne owns a house that she has rented out for the past three years. Suzanne paid $150,000 for the house and
it is currently worth $200,000. She will now begin to live in the house.
Suzanne must report a capital gain of $50,000 ($200,000 – $150,000) this year, as there has been a change in
the use of the property.
In such a case, you can advise your client that a special election is available to defer the tax on the
capital gain until the property is actually sold.
OTHER INCOME
To complete the calculation of total income for tax purposes, it is necessary to review the treatment of transactions
that do not fall into the above primary income sources. Transactions that are not categorized as primary income
sources are called other sources of income.
Other sources of income that may fall into a catch-all category that includes the following main items:
• Lumps sum or periodic benefits received from an RRSP, RRIF, RPP, DPSP, RCA or IPP
• Benefits received from government sponsored plans:
Old Age Security
Canada and Quebec Pension Plans
Employment Insurance Benefits
NON-TAXABLE INCOME
These types of income can be received with no tax consequences:
• A gift or inheritance
• Life insurance proceeds on the death of an individual
• Profits from betting or gambling or lottery winnings when conducted for pleasure (not as a gambling business)
• Capital dividends
• Amounts received as scholarships, fellowships, bursaries or prizes received by a student registered in a program
giving entitlement to education tax credit
• Proceeds from accident, disability, sickness or income maintenance insurance policies (certain exceptions apply)
• Child assistance payments, such as the Canada Child Benefit for low and moderate income families
• Payments received from a former spouse or partner for the support of a child
DEATH BENEFITS
A death benefit is a payment made by an employer and received by a taxpayer on or after the death of a spouse
or family member in recognition of their service. It does not refer to life insurance proceeds, which are fully exempt
from taxation.
When death benefits are received by a taxpayer from the deceased’s employer, the first $10,000 is not included in
income. If several persons are the beneficiaries of such a payment (the surviving spouse and the deceased’s children,
for example), the $10,000 exemption is granted first to the spouse. If the spouse receives less than $10,000, any
remaining exemption is granted to the other beneficiaries.
Business gains are fully taxable, while business losses are fully deductible against any income.
Capital gains transactions differ in intent from business transactions and capital gains are taxed at a lower rate than
business gains.
Investment income is of three types:
• Interest income
• Dividends
• Rents and royalties
Interest income is defined as the compensation received for the use of borrowed funds.
Dividends are the distribution of after-tax profits to the shareholders of a corporation.
Capital gains (or capital losses) are gains (or losses) realized on the sale of capital property.
Only 50% of capital gains are considered taxable capital gains and only 50% of capital losses are considered
allowable capital losses.
Other sources of income are a catch-all category that includes transactions not categorized as primary income
sources. Some other sources of income are taxable, while others are non-taxable.
“I THINK YOU SHOULD ASK YOUR EMPLOYER TO DEFER PAYMENT OF THE BONUS UNTIL JANUARY,”
SAYS BRYAN. “IF YOU RECEIVE IT IN DECEMBER, YOU WILL NEED TO INCLUDE IT AS INCOME ON THIS
YEAR’S TAX FORM. YOUR INCOME WILL BE SUBSTANTIALLY REDUCED NEXT YEAR, SO IF YOU CLAIM
THE BONUS AS INCOME NEXT YEAR INSTEAD OF THIS YEAR, IT’LL BE TAXED AT A LOWER RATE.”
Bryan’s knowledge of different types of income and how they are taxed has made it
possible for him to help Grace hold onto a bigger share of her bonus.
TAX DEDUCTIONS
A tax deduction reduces taxable income on which federal tax is calculated, and therefore reduces tax paid at the
taxpayer’s combined federal and provincial marginal tax bracket for a particular year.
The more you know about specific deductions, the better you will be able to advise your clients and make
recommendations that fit their tax profile.
The RRSP must be collapsed by the end of the calendar year in which the individual turns 71.
• Minus:
The pension adjustment of the previous year (PA) and the current year’s past service pension
adjustment (PSPA)
• Plus:
Accumulated unused RRSP contribution at the end of the previous tax year
EXAMPLE
Sam’s earned income was $83,000 last year and $55,000 the year before. He did not make an RRSP contribution
in either year. His Notice of Assessment for last year indicated a pension adjustment of $3,500. His contribution
room is not affected by past service pension adjustments (PSPA) in this case.
A. If the maximum prescribed contribution limit is $27,230 (2020),
B. And the maximum percentage of earned income is 18%
(18% × $83,000=$14,940), Then:
• Tax returns for children with earned income should be filed to increase RRSP contribution room.
CHILDCARE EXPENSES
Childcare expenses, such as babysitting, daycare or camp, may be deducted provided that the expenses were
incurred to allow the taxpayer to attend school or earn income from employment, a profession, a business or grant-
funded research.
The expenses can relate to a child of the taxpayer (or spouse), or for any child dependent on the taxpayer (or
spouse), and whose net income was less than a specific amount.
If more than one person in the same household supports the child, the deduction must be claimed by the person
with the least amount of net income for tax purposes subject to some exceptions.
Non-minor children can be hired for the care of eligible siblings. The amounts paid to these children are deductible
from income as childcare expenses and included in the income of the non-minor children, who are usually subject to
little or no tax.
In some cases, a portion of payments to private schools may qualify as childcare expenses and/or
charitable donations. Review this possibility with your clients.
EXAMPLE
Bob purchased shares costing $50,000 in a small business corporation in Canada. If the business becomes
insolvent or bankrupt, Bob will incur a loss equal to the difference between $50,000 and the proceeds received
from the bankrupt corporation, if any.
Assuming that the small business corporation is worth nothing, Bob has realized a loss of $50,000 ($50,000
minus nil). He may claim a deduction of $25,000 (50% × $50,000), which may be used to reduce his
employment, business, investment, taxable capital gains or other income this year.
If Bob does not have sufficient income this year to use the loss, it can be carried back to offset income in any of
the past three years or carried forward to offset income for the next ten years.
Review all capital losses to assess whether they qualify as business investment losses.
MOVING EXPENSES
Deductible moving expenses include expenses incurred by a taxpayer for relocation to start a business or
employment in another part of Canada or to attend a university or other post-secondary school. These expenses are
deductible to the extent of income earned in the new location.
To be deductible, the moving costs must be associated with a move to a new residence that is at least 40 kilometres
closer to the new work location than the previous residence.
If all or a portion of the expenses cannot be deducted in the year of the move because insufficient income was
earned at the new location, the unclaimed portion may be carried forward until your client has enough income to
claim and deduct them in the following years.
EXAMPLE
Cheryl incurred $3,000 in moving costs last year but earned only $1,000 at her new job during that fiscal year.
She can only deduct $1,000 of moving expenses for that year, but she may deduct the excess moving expenses of
$2,000 ($3,000 – $1,000) in the following year if she has sufficient income at the new work location.
Deductible moving expenses include:
• Travel costs (moving, transportation and storage of property)
• Meals and lodging (up to 15 days)
• Costs of cancelling lease for old residence
• Selling cost of old residence (commissions, legal fees, and mortgage prepayment fees)
• Legal fees and land transfer taxes for the purchase of a new residence (if the old residence is sold)
• Costs connected to maintaining an unoccupied residence, such as mortgage interest, property taxes and
insurance premiums as well as heating and electricity costs, insofar as these expenses do not exceed $5,000
and provided that the taxpayer makes every reasonable effort to close the sale
Taxpayers may choose a simplified method of calculating certain travel expenses for moving. Instead of
substantiating actual expenses by receipts, the taxpayer may use various pre-established flat rates.
Identify clients who have moved residence and make sure they have claimed moving expenses
if they are eligible.
Since April 30, 1997, a distinction has been made between child support payments and spousal support payments
for income tax purposes.
• Child support payments paid under arrangements reached after April 30, 1997, are no longer taxed as income to
the recipient nor are they deducted from income by the paying parent.
• Child support paid under agreements made up to April 30, 1997 is taxed as income to the receiving parent and
deducted by the support-paying parent.
It is important to note that the rules only deal with child support payments. Spousal support payments remain
deductible to the payer and taxable to the recipient spouse.
If a client receives or pays child support payments, examine the May 1997 tax rules before modifying a
separation agreement concluded before that date.
INTEREST EXPENSES
Under certain circumstances, interest paid is deductible against interest, dividends, and business and rental income
earned but not capital gains. It’s not necessary to currently earn income from the investment, but it must be
reasonable to expect that it will.
Examples of deductible paid interest include the interest on loans used to acquire:
• Shares (from which there is a reasonable expectation of receiving dividends)
• Bonds
• Real estate rented or used in a business
• Equipment used in a business
In order for the interest to be deductible for tax purposes, it is critical that an individual establish, through
documentation, that a specific loan was used for the purpose of acquiring an income-producing investment and not
for personal purposes.
Because interest may be deductible, the after-tax cost of investment loans is much lower than the cost of funds
used to acquire personal property. Therefore, excess funds should first be used to pay down personal loans.
In certain circumstances, even after a loss investment has been sold, interest on the debt unpaid (due to the loss)
continues to be deductible.
Let your clients know that carrying charges for purchasing investments through payroll deduction are
eligible for the interest expense deduction.
EMPLOYMENT EXPENSES
Some employment expenses (such as automobile expenses and travelling expenses) may be deducted by an
employee, other than a salesperson, if all the conditions below apply:
• They are under contract to pay for their own expenses.
• They are required to travel away from the employer’s place of business on a regular basis.
• No non-taxable travelling allowances are received.
AUTOMOBILE EXPENSES
Although it may be difficult to determine the exact cost associated with using an automobile for employment
purposes, it has been accepted that the full cost of operating an automobile should be prorated between personal
and employment use.
A percentage of the operating costs of an automobile, such as gas, oil, repairs, insurance, financing (interest),
lease and capital cost allowance, is deductible. The percentage is calculated as the number of kilometers driven for
employment purposes divided by the total kilometers driven during the year.
EXAMPLE
Julia is required to use her own automobile for employment purposes. Last year, Julia drove the car a total of
20,000 km of which 14,000 km was for employment purposes.
This year, she acquired the automobile for $20,000 and incurred the following automobile expenses:
Gas $2,200
Repairs $500
Insurance/registration $1,000
Parking (for employment duties) $400
Interest on loan to purchase car $2,800
Total $6,900
TRAVELLING EXPENSES
If the above-mentioned conditions are met, the employee may also deduct other kinds of travel costs that are not
reimbursed by the employer. These may include, for example, hotel and meal costs incurred in the course of travel.
Make sure your clients keep an accurate log of kilometers driven for employment purposes.
SALESPERSON EXPENSES
Employees who act in a selling capacity (or who negotiate contracts) and who receive some form of commission
may deduct other expenses in addition to automobile costs.
Effectively, salespeople may deduct all amounts expended in a year for the purpose of earning employment income.
However, total expenses cannot exceed commission income for the year. (This restriction does not apply to capital
cost allowance and interest charges associated with purchasing an automobile.)
The following conditions must be fulfilled before the salesperson can claim employment deductions:
• Employees are required to pay their own expenses (under contract of employment).
• The employee is ordinarily required to travel away from employer’s place of business.
• Remuneration is particularly dependent on volume of sales.
• Employees do not receive non-taxable traveling expenses allowances.
• Expenses do not exceed commission income.
Because salespeople can’t deduct capital expenditures except for capital cost allowance on automobiles,
capital equipment used for work, such as cellular phones and computers, should be leased. The lease
cost is deductible.
Mortgage interest costs are not deductible to either type of employee. However, an individual earning business income
may claim a portion of the mortgage interest and property taxes in addition to all other home office expenses.
TRADESPERSON’S TOOLS
The total cost of eligible new tools acquired by an employed tradesperson in excess of a specified amount is
deductible up to a specified maximum, on condition that an employer certifies that the employee is required to
acquire those tools as a condition of, and for use in, the employment.
STOCK OPTIONS
Employees who receive stock options are required to include a stock option benefit in their employment income.
The benefit claimed equals the fair market value of the shares at the time they were acquired minus the price
actually paid.
If the option price is greater than or equal to the full market value of the stock on grant date, the employee is
eligible to claim a stock option deduction equal to one-half (1/2) the value of the taxable benefit.
The employee is eligible for the same deduction if the corporation is a Canadian Controlled Private Corporation
(CCPC) and the employee holds the stock for two years or more between exercise and sale.
In the case of a company other than a CCPC, the fact that the employee holds the shares for two or more years does
not give right to the deduction.
LOSS CARRYOVER
Losses that cannot be applied in the year they occur can be carried back three years by amending returns or they
can be applied to future years (or both). Restrictions apply, with specific rules for specific types of loss, including
the following:
• Non-capital loss
Business losses other than from farming activities, investment losses and deductible business investment losses
• Farm loss
• Restricted farm loss
Remember that allowable business investment losses and cumulative net investment losses reduce a
taxpayer’s capital gains deduction. These should be calculated before your client claims a deduction.
TAX DEDUCTIONS:
A tax deduction reduces taxable income on which federal tax is calculated, and therefore reduces tax paid at the
taxpayer’s combined federal and provincial marginal tax bracket rate.
Some facts about deductions:
• RRSP contributions are deductible from income and are not taxed until they are withdrawn. They offer the
advantage of a tax deferral as well as capital appreciation and interest accumulation.
• Taxpayers who operate a business can deduct business losses from all types of income.
• Capital losses can only be deducted from capital gains.
• Expenses incurred to earn investment income are deductible for tax purposes if they meet the required criteria.
• Moving expenses can be deducted if the new location is at least 40 kilometers closer to the new work location.
• Spousal support payments are a deductible expense to the payer and taxable to the recipient.
• Child support payments are no longer deductible to the payer or taxed as income to the recipient if paid under a
court order or written agreement after April 1997.
• Interest paid is deductible against interest, dividends and business and rental income as long as it was paid on a
loan used for the purpose of acquiring an income-producing investment.
• Employees under contract to pay their own expenses may deduct automobile expenses related to employment.
• Salespeople who work on commission are eligible to deduct additional employment expenses.
• Home office expenses may be deducted by taxpayers who are self-employed or who use a home office
principally for employment duties.
• Tradespeople may deduct the cost of tools that are required for use in employment.
Because Bryan is knowledgeable about tax deductions, he is able to help Grace structure her
investments to minimize costs and maximize the return.
TAX CREDITS
After the taxes owing on taxable income are calculated, the total non-refundable tax credits are applied to
determine the net federal tax amount.
There are several tax credits available to taxpayers in Canada, each with unique rules and requirements.
Other than the charitable donations tax credit and dividend tax credit, non-refundable tax credits are based on a
specified base amount of income and are calculated by multiplying the base amount by a specified tax rate.
DIVE DEEPER
Click on the Job Aids Link to review the Non-refundable Federal Tax Credits Job Aid.
Remember that non-refundable tax credits reduce federal income taxes at the specified rate, not at the
individual’s marginal tax rate.
Basic personal Each taxpayer in Canada is eligible for a base annual personal amount of income
which is multiplied by the applicable tax rate to arrive at the personal tax credit.
Spouse/common-law The spouse or common-law partner tax credit can be claimed if the taxpayer
partner or eligible supported a spouse or common-law partner whose net income was less than a
dependant specified amount.
The amount for an eligible dependent can be claimed if the taxpayer had no spouse
or common-law partner and was supporting a child under 18 or was supporting a
related individual 18 or over who was mentally or physically impaired. The taxpayer
cannot claim both a spousal/partner amount and an eligible dependant amount.
TUITION AMOUNT
A tax credit is available for tuition fees paid as follows:
Tuition amount The tuition tax credit is calculated as a specified percentage of the amount paid for
a student in post-secondary education. Certain occupational, trade or professional
examination fees are included.
After the student has used his own credit to reduce his income tax to zero, the
unused portion can be transferred to a spouse, parent or grandparent (up to a limit).
Individuals will be able to accumulate up to a maximum amount of $5,000 over a lifetime. Any unused balance will
expire at the end of the year in which an individual turns 65.
The amount claimed will offset, dollar for dollar, tax otherwise payable or will be refunded to the individual to the
extent that the amount exceeds tax otherwise payable.
This measure will apply to the 2019 and subsequent taxation years. Consequently, the annual accumulation to the
notional account will be effective as of the 2019 taxation year and the credit will be available to be claimed for
expenses as of the 2020 taxation year.
EXAMPLE
Eric is eligible to accumulate $250 per year starting in 2019. In 2023, the value of his notional account will be
$1,000. In 2023, Eric enrolls in training and pays $1,200 in eligible tuition fees. Eric will be able to claim a tax
credit of $600 for the 2023 taxation year. The notional account balance will be $400 and Eric will accumulate an
additional $250 for 2023. The notional account balance in 2024 will be $650. Eric will be able to accumulate an
additional $3,750 in his notional account over his lifetime.
Disability The disability credit is available to a taxpayer who is certified by a doctor as disabled.
Medical expense The medical expense credit is applicable on expenses in excess of the lesser amount
of 3% of net income or a specified limit.
Medical expenses claimable by a taxpayer include those incurred by the taxpayer, the
taxpayer’s spouse and any dependants
Canada caregiver The Canada caregiver tax credit is available to a caregiver of a dependent person who
has a mental or physical infirmity.
In addition to amounts paid to doctors, dentists and full-time home attendants, medical expenses include
amounts paid:
• For full-time nursing home care
• To institutions for the disabled
• For ambulance transportation
• For travel expenses for medical care if services were not available within 40 kilometers of client’s home
• For prescription drugs, eyeglasses, and contact lenses
• For certain medical devices prescribed by a medical practitioner
• By the employee as a premium for private health services plans
Since 2010, expenses incurred for purely cosmetic procedures do not qualify anymore for the medical tax credit but
those necessary for medical or reconstructive purposes would still qualify.
Medical expenses can be claimed for any 12-month period ending in the year and must be documented by receipts.
This allows individuals to select a 12-month period that results in the largest medical expense claim.
At the federal level, all medical expenses incurred by a family can be grouped and claimed by any
spouse or partner.
EXAMPLE
Casey may only claim medical expenses in excess of the lesser of 3% of his income or the annual threshold.
His dental expenses were $1,000 in November of last year and $500 in February of this year. If he selects a period
from November 1 to October 31 for medical expense claims, his total medical expenses are $1,500. He can claim
a tax credit because this amount is higher than 3% of his income.
Without this flexibility, he would not be eligible to claim any medical expenses, because the expenses incurred in
either calendar year do not exceed the lesser of 3% of his net income or the annual threshold.
Some private schools may issue a charitable donation receipt for a portion of the payments paid to the school.
EXAMPLE
Rajesh has taxable income of $230,000 in 2020. If he makes a charitable donation of $35,200 in 2020, his
charitable donations tax credit will be $10,805.28 (calculated as $30.00 + $5,158.56 + $5,616.72). The three
different amounts that add up to Rajesh’s total tax credit are calculated as follows:
$30 = 15% of $200
$5,156.58 = 33% of $15,632 (i.e., the amount of his $230,000 income that is above 214,368)
$5,616.72 = 29% of $19,368
The $5,616.92 figure is the amount of Rajesh’s total donations for the year over $200 that is not eligible for the
33% rate above ($35,000 – $15,632).
Note that the $15,632 figure is the lesser of two amounts:
• The amount by which Rajesh’s total donation exceeds $200 ($35,000)
• The amount by which his taxable income exceeds $214,368 ($15,632)
UNUSED CREDITS
Although some tax credits will be lost if the taxpayer is unable to use them, others can be transferred to another
taxpayer under specific conditions. Some transferrable tax credits include:
Child Spouse
Age Spouse
Pension Spouse
TAX CREDITS:
A tax credit is a specific reduction of taxes payable and has a value equal to its stated amount. Tax credits can be
refundable or non-refundable.
Every Canadian taxpayer is eligible for a non-refundable basic personal tax credit.
Although most non-refundable tax credits have unique rules and requirements, they are for the most part
calculated on a specified base amount of income. The base amount is multiplied by a specified tax rate. Some
non-refundable tax credits are subject to limitations.
Two tax credits with distinct rules and requirements are the charitable donation tax credit and the dividend
tax credit.
Taxpayers who are unable to use tax credits can transfer specific credits to a spouse or family member. Other credits
are lost if they cannot be used.
Bryan calculates that Grace would be better off to elect the higher value, pay the
capital gains tax and receive the higher tax credit. His knowledge of tax credits has
helped Grace to get the maximum advantage out of her charitable donation.
4 | Explain the features of Registered Education Registered Education Savings Plans (RESPs)
Savings Plans (RESPs).
KEY TERMS
The Key Terms list targets some significant concepts covered in the textbook. Key terms appear
in bold text in each chapter to help you focus your study efforts on these important topics.
holder survivor
One of the most important functions you will have as an advisor is to know the different types of investments
available to your clients and to be able to evaluate them in order to recommend appropriate choices.
To evaluate an investment’s performance in terms of the return it earns, you first need to know the types of
investment risks that affect it, to measure the degree of risk it carries and to determine whether your clients will be
adequately compensated for bearing that risk.
Learning investment theory will equip you with a sound knowledge of investment risk and return so you can help
your clients make informed investment decisions.
All financial assets are expected to produce cash flows, and the riskiness of an asset is judged in terms of the
variability of (or risk to) the cash flow.
When we invest in common stock, for example, we are unsure of its future value because the future cash flows from
the stock are uncertain and are not guaranteed by the issuer. Our investment in the stock means we are taking a
risk in the hope of making a return.
EXAMPLE
For example, if the risk-free rate of return on a treasury bill is 1%, and the expected return on an investment in a
mutual fund is 9%, then the risk premium is 8% (9% – 1% = 8%).
Risk Definition
Financial risk The uncertainty introduced by the method the firm uses to finance its investments
Exchange rate risk The uncertainty of returns to an investor who acquires securities in a foreign currency
Country risk The uncertainty of returns caused by unexpected changes in the political or economic
environment of a country
Risk Definition
Inflation risk The risk that the rising value of the cost of living will weaken purchasing power and
decrease the real return on investments
Interest rate risk The risk that unexpected increases in interest rates will decrease the value of return on
investments
Market risk The risk that is derived from the economy as a whole
BUSINESS RISK
Business risk is the uncertainty associated with return on business investments. Cash inflow may be
unpredictable due to the nature of the business activity, and the more uncertain the income of the business, the
more uncertain is the cash flow to the investor. The more uncertain the cash flow, the greater the risk premium an
investor will demand.
EXAMPLE
A retail food company typically experiences very stable sales and growth over time and has low business risk.
In the automobile industry, sales and earnings fluctuate over the business cycle, and so the risk premium for a
company in this industry will be greater than that of the food company.
FINANCIAL RISK
Financial risk, also called default risk, is the uncertainty introduced by the method the firm uses to finance its
investments. The higher the level of debt, the higher the debt servicing costs; and the lower the cash flow available
for dividend payments to shareholders, the higher the financial risk to the shareholders.
EXAMPLE
ABC Company uses only common stock to finance investments, so it incurs only business risk.
XYZ Company is identical to ABC, except that it uses debt financing as well as equity financing. Thus, it borrows
money to finance investments by issuing both bonds and stocks. It must pay interest to its creditors before
providing income to its shareholders, so the risk to the shareholders of XYZ is greater than the risk to the
shareholders of ABC.
LIQUIDITY RISK
Liquidity risk, also known as marketability risk, is the uncertainty of a secondary market for an asset.
Liquidity refers to the investor’s ability to sell an asset quickly at its fair market value. The more difficult it is to
convert an asset into cash, the greater its liquidity risk.
When assessing the liquidity risk of an investment, an investor must consider two questions about liquidity:
• How long will it take to convert the investment into cash?
• How certain is the price to be received?
The less liquid an asset, the greater the risk premium the investor will demand.
Asset Liquidity
Stocks and other bonds Because stocks and other bonds take several days from the time of sale to the receipt
of payment, they are less liquid than cash.
Non-redeemable GICs Non-redeemable GICs are not liquid in that the investor cannot redeem them prior to
maturity without penalty.
Real estate assets Real estate assets are less liquid because the time between the sale date and payment
date can be several weeks.
Foreign securities Liquidity risk can be a significant consideration when investing in foreign securities,
depending on the country and the liquidity of its stock and bond markets.
EXAMPLE
Maxwell puts all his extra income toward his mortgage loan and has no emergency fund. In the event of a
disruption to his income, all his savings are tied up in a fairly illiquid asset and he will have to use his home equity
line of credit to meet his expenses.
EXAMPLE
George purchases a Government of Great Britain bond denominated in pounds sterling. George will receive
interest payments in pounds every six months. If the pound depreciates against the Canadian dollar at the time
of payment, then George will receive fewer Canadian dollars.
COUNTRY RISK?
Country risk, also called political risk, is the uncertainty of returns caused by unexpected changes in the political or
economic environment of a country. Country risk may be associated with emerging economies that unexpectedly
introduce currency and capital controls, new tax regimes or new governments.
EXAMPLE
Arturo invests in a mining stock in a country that appears to be going through a period of stability after years
of political turmoil. However, the elected government is unexpectedly overthrown by a foreign power and the
country’s economy is thrown into chaos. The value of Arturo’s mining stock plunges along with value of the
country’s currency.
INFLATION RISK
Inflation risk, also called purchasing power risk, is the risk that the rising cost of living will weaken purchasing
power and decrease the value of return on investments.
EXAMPLE
To understand the role of inflation risk, consider the following simplified example:
Suppose Jenny earns $100 per week. This value, as expressed in today’s dollar terms, is called the nominal value
of money.
Suppose that Jenny consumes only apples, and assume that apples are currently priced at $1 each.
Thus, the nominal value of $100 can buy 100 apples.
Now suppose that the price of apples increases to $2 each. $100 can now buy only 50 apples. Jenny has suffered
from a loss of purchasing power due to the increase in the price of apples.
The value of the money in terms of purchasing power is called the real value of money.
The real value of money adjusts for inflation and declines as prices rise.
An investment with a fixed nominal rate, such as a GIC, is at risk of losing value due to inflation, as a
higher-than expected inflation rate reduces the real rate of return to the investor.
Inflation risk can be measured using the Fisher Equation or the approximation formula.
While the approximation works for small values, it’s best to use the Fisher equation to obtain a more
accurate result.
EXAMPLE
Gregory has purchased a five-year $1,000 CanCorp bond that pays a coupon rate of 5%, payable semi-annually.
This implies that Gregory has locked in the interest payments at 5% and expects to receive $25 every six months.
Now suppose that interest rates increase to 8%. Gregory loses the opportunity to earn this higher interest rate
because the coupon payments are locked in. Because it offers a lower coupon payment (compared to other
similar bonds), the 5% bond will not be as attractive as the 8% bond, and so the price will fall.
Advise your clients that when interest rates are expected to rise, bond prices are expected to fall, and
when interest rates are expected to fall, bond prices are expected to rise.
MARKET RISK
Market risk, also called systemic risk, is the risk that is derived from the economy as a whole. Uncertainty about
general economic conditions such as future inflation rates or interest rates creates market risk. These economic
factors affect a large number of assets in the market.
EXAMPLE
During the expansion phase of the economic cycle, individuals have more discretionary income and purchase
more goods and services. Thus, companies that supply consumer goods will experience higher profits and their
stock prices will rise.
However, in periods of economic decline, the stocks of these same companies may fall as their sales decrease.
Economic Benefit Cash flows from an investment represent the economic benefit to the investor and are
used to estimate an asset’s value.
Financial Cost The financial cost is the dollar amount that represents the investor’s initial investment
into the asset.
Opportunity Cost The opportunity cost is the value of a missed opportunity to invest in an
alternative choice.
ECONOMIC BENEFIT
Examples of an economic benefit include:
• Interest payments from a bond
• Dividend payments from a preferred share
• Capital appreciation from a common share
FINANCIAL COST
Some examples of financial cost are:
• The purchase price of common stock
• The purchase price of a bond
Note that this initial investment is an explicit cost, because it represents money that the investor
spent. The opportunity cost is an implicit cost as it does not represent money spent but merely a
missed opportunity.
OPPORTUNITY COST
Assume that Virginia has only $1,000 to invest. She has two choices:
1. Invest in a Government of Canada bond
2. Invest in a preferred share of ABC Inc
Assume both investments have the same risk. The Government of Canada bond is expected to earn a return of 3%.
If Virginia invests in the preferred share of ABC, she is giving up the opportunity to invest her money in the
Government of Canada bond and to earn 3%. The 3% represents the opportunity cost.
Thus, the correct way for Virginia to price the preferred share is to use the 3% opportunity cost as her discount rate.
To gauge whether the rate is high or low, we need to compare it to a benchmark return. This benchmark
return is the opportunity cost: that is, the rate of return on alternative investments with similar risk.
The value of an asset is inversely related to opportunity cost. If the opportunity cost increases, then the
value of the asset declines, and vice versa.
EXAMPLE
Valery invested in the zero-coupon bond issued by Ontario Hydro and paid $970.87.
He received $1,000 at the end of one year for a net gain of $29.13.
Then the rate of on his investment is:
• The accounting rate of return is the net benefit per dollar of investment in the asset.
“I WOULD LIKE TO INVEST IN THE XYZ MUTUAL FUND,” SAYS ISAAC. “LAST YEAR,
THEY REPORTED A THREE-YEAR AVERAGE RETURN OF 15%. DON’T YOU THINK
THAT’S GOOD?”
BRYAN SAYS, “I DO. BUT YOU MUST ALSO REALIZE THAT THIS RETURN IS NOT CERTAIN AND
THERE’S NO GUARANTEE THAT THIS FUND WILL DO AS WELL NEXT YEAR. IT COULD DO MUCH
BETTER OR MUCH WORSE.”
“ALTHOUGH THE THREE-YEAR AVERAGE WAS 15%,” SAYS BRYAN, “I KNOW THAT
THE ACTUAL ANNUAL RETURNS WERE 30%, –20% AND 35%. AS YOU CAN SEE,
THERE WAS A GREAT DEAL OF VARIABILITY.”
ISAAC SAYS, “OH, I SEE THAT THE AVERAGE RATE DOESN’T TELL THE FULL STORY.
YOU NEVER REALLY EARN THE AVERAGE!”
“THAT’S RIGHT,” SAYS BRYAN, “THE DEGREE OF THE VARIABILITY IN THE PAST THREE YEARS
GIVES AN INDICATION OF THE RISK IN THE FUND, AND OF HOW DIFFICULT IT IS TO PREDICT
THE ACTUAL RETURN YOU WILL EARN.”
“I GUESS YOU COULD SAY THAT INVESTING IN A GIC PRESENTS VIRTUALLY NO RISK
SINCE I WILL KNOW FOR SURE WHAT MY RETURN WILL BE,” SAYS ISAAC.
“IT’S TRUE THERE’S NO MARKET RISK,” SAYS BRYAN, “BUT THERE IS INFLATION RISK. THE
COST OF LIVING MAY WEAKEN THE PURCHASING POWER OF YOUR ORIGINAL INVESTMENT
AND DECREASE THE VALUE OF THE RETURN. IF YOU INVEST IN THE MUTUAL FUND YOU RUN
A GREATER RISK OF LOSING MONEY, BUT YOU ALSO HAVE THE OPPORTUNITY TO REALIZE A
HIGHER RETURN. IT’S UP TO YOU TO DECIDE WHAT YOUR TOLERANCE FOR RISK IS.”
TYPES OF INVESTMENTS
When you have learned about the various types of investments, you will be able to compare and contrast the risk-
return profile of various investment options and assess the tax implications of each type of investment. This will
help you offer clients a number of investment products that match their risk tolerance, meet their return objectives
and maximize their after-tax returns.
TREASURY BILLS
A treasury bill, also known as a T-bill, is a short-term debt obligation issued by the government.
Treasury bills pay no interest. Instead, they are sold at a discount below face value, and the difference between the
issue price and the price at maturity represents the return on the investment. Under the Income Tax Act, this return
is taxable as interest income, not as a capital gain.
Treasury bills are offered in denominations from $1,000 to $1 million with original terms to maturity of
approximately three months, six months and one year.
Every two weeks, Treasury bills are sold at auction by the Minister of Finance through the Bank of Canada.
EXAMPLE
Edgar holds an RRB with a face value of $1,000 that provides a real yield of 4.25% at maturity. Inflation (as
measured by the CPI) was 1.5% over the first six-month period after issue, so the value of the $1,000 RRB at the
end of the six months is $1,015 (1000 x 1.015). The interest payment for the half-year is based on this amount
($1,015 x .0425/2 = $21.57) rather than the original bond value of $1,000. At maturity, the maturity amount is
calculated by multiplying the original face value of the bond by the total amount of inflation since the issue date.
For tax purposes, coupon payments and any increase in inflation compensation must be included annually as
income, it is important to note that inflation compensation will not be paid until maturity. During periods of very
high inflation, there is a possibility that tax owing in a given year may be greater than the coupon interest received.
Redeemable GIC A redeemable GIC can be cashed in before the maturity date, although early
withdrawal may be penalized with a lower interest rate.
Non-redeemable GIC A non-redeemable GIC is locked in for the entire term and cannot be cashed out
before the maturity date. A non-redeemable GIC typically offers a higher interest rate.
ADVANTAGES OF GICs
GICs offer the following advantages:
Guaranteed growth A fixed-rate GIC guarantees the amount of interest that will be earned.
Flexibility GICs offer various options such as short or long terms, fixed or variable rates and
interest that is collected monthly, annually or at maturity.
DISADVANTAGES OF GICs
Some disadvantages of GICs are:
Low growth GICs offer low risk on investment in exchange for a low return.
Low liquidity Non-redeemable GIC funds are inaccessible for the term of the GIC.
Opportunity cost The GIC holder misses out on the opportunity to make an investment with higher
potential for return.
MUTUAL FUNDS
A mutual fund is an investment vehicle that consists of pooled contributions from a group of investors. Professional
money managers invest the pooled funds into a variety of securities, including stocks, bonds and money
market instruments.
Investors (share or unit holders in the fund) share in the income, gains, losses and expenses the fund incurs in
proportion to the number of units or shares that they own.
Mutual fund shares or units are redeemable on demand at the fund’s current price or net asset value per share
(NAVPS), which depends on the market value of the fund’s portfolio of securities at that time.
Funds are invested according to specific policies and objectives that are stated in the fund’s prospectus. The
prospectus generally covers the following:
• Whether income or capital gain is the prime objective
• The degree of safety or risk that is acceptable
• The main types of securities in the fund’s investment portfolio
Mutual funds recommended to clients must be assessed carefully and reviewed regularly to be sure they
reflect the client’s current and ongoing risk tolerance and investment goals.
Low-cost Diversification Mutual fund ownership provides a low-cost way for investors to acquire a
diversified portfolio.
A typical large fund might consist of 60 to 100 or more different securities in 15 to 20
industries. Small investors therefore have access to a wider range of securities, and
because individual accounts are pooled, managed funds can trade more economically
than individually held funds.
Professional Mutual funds offer an inexpensive way for the small or inexpert investor to access
management professional management of their investments.
Mutual funds are managed by an investment specialist who continually analyzes the
financial markets and monitors fund performance to fine-tune the fund’s asset mix to
meet investment objectives.
Variety The availability of a wide range of mutual funds enables investors to meet a wide
range of objectives, from fixed-income funds through to aggressive equity funds.
Transferability Many fund families permit investors to transfer between two or more different funds
being managed by the same sponsor, usually for little or no added fee. Transfers are
also usually permitted between different purchase plans under the same fund.
Variety of purchase and Purchasers, for example, can make a one-time, lump-sum purchase or they can
redemption plans accumulate units in a fund periodically through a pre-authorized contribution
plan (PAC).
Liquidity Mutual fund shareholders have a continuing right to redeem shares for cash at net
asset value within three business days.
Ease of estate planning Shares or units in a mutual fund continue to be professionally managed during probate
period until estate assets are distributed. In contrast, other types of securities may not
be readily traded during the probate period, even though market conditions may be
changing drastically.
Loan collateral Fund shares or units held in non-registered accounts are usually accepted as security
for a bank loan.
Cost Sales charges and management fees can be high, although competition in the market
has reduced these recently.
Short-term value With the exception of money market funds, which are designed with liquidity in mind,
mutual funds are not recommended for short-term performance or as an emergency
cash reserve. High sales charges can lead to loss of capital if they are sold too soon.
Risk Mutual funds are susceptible to market volatility, which is difficult to predict or time
and is not controllable by the fund manager.
Tax complications Buying and selling by the fund manager for the good of the fund may create
unfavorable tax circumstances for the individual if the fund shares or units are held in
non-registered accounts.
SEGREGATED FUNDS
Segregated funds are an insurance product that combines a mutual fund-like investment with the protection of an
insurance policy. As with mutual funds, an investor’s money is pooled with the contributions of other investors to
purchase a portfolio of securities.
The value of the units purchased is based on the value of the underlying securities and changes in response to
market conditions.
Segregated funds also have unique features that enable them to meet special client needs, such as maturity
protection and death benefits. In both cases, the contract holder or the beneficiary receives, under certain
conditions, a partial guarantee of the money invested.
Segregated funds are especially attractive to business owners or professionals seeking creditor protection.
Because of the insurance benefits they offer, segregated funds have higher management fees than mutual funds.
It is important to remember that you must be Insurance Licensed in order to discuss segregated funds with your
clients and that the risk profile of the fund must match the risk profile of the client.
STOCKS
Stock certificates represent ownership in a company or companies. The smallest unit of ownership in a particular
company is called a share.
ISSUING SHARES
Shares are issued as readily transferable street certificates that are registered in the name of a securities firm.
Electronic shares have replaced certificates as evidence of ownership.
Capital appreciation Capital appreciation in the form of retained earnings adds to the value of the
shareholders’ equity.
Dividends In many companies, dividend payments are a routine matter and can be regularly
anticipated by common shareholders (as well as preferred shareholders, who have a
higher claim to earnings in the form of dividends).
Marketability The right to buy or sell common shares in the open market at any time is a relatively
simple matter with few legal formalities.
Tax benefits The Income Tax Act offers favourable tax treatment of dividend income and
capital gains.
Voting privileges Common shareholders have the right to elect directors, to approve financial
statements and auditor’s reports and to have access to information pertaining to the
company’s affairs.
Limited liability Personal assets are not vulnerable to creditors if a company goes bankrupt.
Lower (or no) dividends Unlike debt interest, dividends are payable to common shareholders at the discretion
of the Board of Directors. Some companies reinvest all earnings in the business, while
others lack sufficient earnings to pay dividends.
Lower (or zero) price Stock value may decrease, and if a business fails, shareholders may lose their entire
when shares are sold investment. Preferred shareholders have a higher claim on assets and take priority over
common shareholders in the event of liquidation. The possibility of total loss explains
why common share capital is sometimes referred to as venture or risk capital.
CAPITAL GROWTH
As companies earn profits year after year, whatever money is not paid out to shareholders in the form of dividends will
remain in the company as retained earnings. Since retained earnings form part of common equity, a growth in retained
earnings will add to the value of shareholders’ equity. Assuming a fairly constant number of shares outstanding, the
amount of equity that belongs to each share will increase, and therefore, the price of stock will increase.
Also, annual growth in the size of a company’s profits increases the ratio of earnings per share, and investors, in
anticipation that growth will continue, are willing to pay a higher price.
Corresponding dividend growth that arises from increased earnings also leads to stock price increases.
There are many other factors, both within the company and externally, that can affect a company’s stock price, and
careful analysis and selection are required to ensure a profitable investment.
NON-REGISTERED INVESTMENTS:
• Income from non-registered investments is not deferred but taxed as it is earned.
• Non-registered government investment products such as Treasury bills and Real Return Bonds.
• A guaranteed investment certificate (GIC) is a fixed-term investment that guarantees the principal.
• Returns on GICs come from interest income.
• A mutual fund consists of pooled contributions from a group of investors.
• Mutual fund investors share in the income, gains, losses and expenses the fund incurs in proportion to the
number of units or shares that they own.
• Stock certificates represent ownership in a company or companies.
• Returns (or losses) on stocks come from capital appreciation (or depreciation) and dividends.
• Segregated funds are an insurance product that combines a mutual fund-like investment with the protection of
an insurance policy.
“I WOULD LIKE TO INVEST IT IN A MUTUAL FUND,” SAYS VIKRAM. “CAN YOU HELP ME
CHOOSE THE RIGHT ONE?”
“BEFORE YOU MAKE THAT DECISION,” SAYS BRYAN, “IT’S A GOOD IDEA TO ASK YOURSELF WHAT
YOUR REQUIREMENTS ARE. ARE YOU LOOKING FOR A SHORT-TERM INVESTMENT OR ONE FOR
THE LONG TERM? ALSO, WHAT IS YOUR RISK TOLERANCE? HOW WOULD YOU FEEL IF YOUR
INVESTMENT TOOK A PLUNGE INITIALLY?”
“I WOULDN’T BE HAPPY,” SAYS VIKRAM. “I CAN’T AFFORD TO LOSE ANY OF IT. IN FACT,
IF I PURCHASE MUTUAL FUNDS, I MAY NEED TO SELL THEM FAIRLY SOON BECAUSE I’M
PLANNING TO GO BACK TO SCHOOL NEXT YEAR AND WILL PROBABLY NEED THE MONEY.”
“MUTUAL FUNDS ARE NOT THE BEST CHOICE FOR THE SHORT TERM,” SAYS BRYAN. “THEY TEND
TO DO WELL OVER THE LONG TERM, BUT I WOULDN’T RECOMMEND THEM IF YOU MAY NEED
THE FUNDS IN AN EMERGENCY. WHY DON’T YOU PURCHASE A REDEEMABLE GIC INSTEAD? THAT
WAY, THE PRINCIPAL WILL BE SAFE, YOU WILL BE ABLE TO ACCESS THE MONEY IF YOU NEED IT
AND YOU WILL RECEIVE A MODEST AMOUNT OF INTEREST ON YOUR INVESTMENT AS WELL.”
A Registered Education Savings Plan (RESP) is a tax-deferred education savings vehicle where the contributor,
or subscriber, enters into a contract with a sponsor, such as a bank or a mutual fund company, to invest funds for a
beneficiary or beneficiaries’ post-secondary education.
Legally married or common-law spouses can be joint subscribers to an RESP. The beneficiary, usually a child, will
receive income from the RESP when attending a post-secondary educational institution. All RESPs are subject to
Canada Revenue Agency (CRA) regulations.
By understanding how to make the most of an RESP, you will be able to explain to clients the different ways of
setting up a savings vehicle to help pay for post-secondary studies of a beneficiary. You will also be able to illustrate
how RESPs help in tax planning since the taxes payable on the income earned from the capital contributed to the
plan are deferred.
TYPES OF RESPs
There are three common types of RESPs:
• Individual
• Family
• Group
INDIVIDUAL PLANS
An individual RESP plan is ideal for a single named beneficiary, the beneficiary doesn’t have to be related to you.
This type of RESP can be opened for a child, yourself or another adult; that being said the Canada Education
Savings Grant (CESG) and the Canada Learning Bond (CLB) will only be applicable to eligible beneficiaries.
Beneficiaries are discussed in the table below.
FAMILY PLANS
A family plan is ideal if you have more than one child.
A family plan is normally created when you have one or more children (beneficiaries) who will need savings to pay
for their post-secondary studies. The beneficiary must be related to the account holder, either by blood or adoption.
They may be children, stepchildren, grandchildren (including adopted grandchildren), brothers or sisters of the
account holder.
The Income Tax Act, describes a “blood relationship” as that of a parent and child (or grandchild or great-grandchild),
or that of a brother and sister. Nieces, nephews, aunts, uncles and cousins are not considered blood relatives.
A family plan benefits the beneficiaries of the plan by allowing the earnings and CESG to be shared among the
beneficiaries named in the RESP, to a maximum of $7,200. The Additional Canada Education Savings Grant and the
Canada Learning Bond can be paid only if all the beneficiaries in the plan are siblings.
GROUP PLANS
A group plan is for a single beneficiary (child), the child does not have to be of blood relationship. These types of
plans are normally provided by group plan dealers.
A group plan provides benefits to contributors who are able to make continuous payments throughout the full term
of the RESP plan. Group plans are professionally managed and ideal for individuals who don’t want or have the
ability to manage the investments.
How it works is that all contributions are combined with those of other contributors. Each child will receive funds
from the plan based on how much is in the group plan account, and by the number of students attending post-
secondary school within the same age group.
Each plan is different and fees may be charged if contributions to the plan are stopped.
When comparing the different types of RESPs, your clients should assess RESP fees, conditions of the
specific plans, refund policies, investment control, investment options and expected returns.
Individual plan The beneficiary may be anyone, including the subscriber or the subscriber’s spouse,
nieces, nephews or any unrelated individual of any age.
With many individual plans, an alternate beneficiary can be named if the original
beneficiary does not attend a post-secondary educational institution.
If all beneficiaries are under the age of 21, RESP assets from individual plans can be
transferred to a family plan at a later date.
Starting in 2011, transfers between individual RESPs for siblings are allowed, without
tax penalties or loss of Canada Education Savings Grants, provided the receiving plan
is opened when the beneficiary is under 21 years of age.
RESP’s for a disabled beneficiary may stay open for 40 years.
Family plan The beneficiary or beneficiaries may only include the subscriber’s children, brothers,
sisters, grandchildren or great-grandchildren, connected by blood or adoption. The
subscriber, the subscriber’s spouse, nieces, nephews or any unrelated person cannot
be beneficiaries.
Contributions cannot be made to a family plan for a beneficiary older than 31.
If one child under a family plan does not pursue a post-secondary education, the RESP
earnings can be used by the other child or children in the plan, provided maximum
RESP contribution limits for each beneficiary are adhered to.
Individual and family plans now have the same flexibility regarding the allocation of
RESP assets among siblings.
Group plan The plan only allows for a single beneficiary (child), the child does not have to be of
blood relationship. Benefits are based on the accumulated amount of funds within the
plan and divided by the number of beneficiaries within the same age group who are
attending post-secondary education.
EXAMPLE
Jonas and Beatrice are friends at university. Jonas’s parents, who are of modest means, withdrew the principal
of his RESP to deposit in their RRSP and Jonas receives regular EAPs from the earnings. The EAPs are spread out
over the duration of his program to reduce the cost evenly and to minimize his taxable income. Jonas works every
summer and contributes to his expenses.
Beatrice’s parents, on the other hand, contributed more to her RESP and left the principal in the fund. Beatrice’s
EAPs, based on both principal and earnings, are also spread over the duration of her program to minimize her
annual taxable income.
TAXATION OF RESPs
RESP contributions are not tax-deductible for the subscriber, and so withdrawal of the capital contributions is non-
taxable. This applies whether the subscriber withdraws the capital or the beneficiary uses it to fund education costs.
The main tax advantage of RESPs is that the earnings are tax sheltered in the plan until the funds are withdrawn by
the beneficiary.
Also, because the beneficiary is usually in a low tax bracket while attending university or college, minimal tax will be
payable by the beneficiary on RESP withdrawals.
Clients should set up an RESP before their child’s 11th birthday to ensure that the plan will have been in
existence for at least 10 years by the time the child reaches age 21. Otherwise, the subscriber will need
to wait until the 10-year requirement is met before RESP earnings can be withdrawn.
EXAMPLE
Jack contributed $1,000 last year to an RESP for his daughter. This contribution will earn a CESG of $200
(20% of $1,000), leaving $1,500 in CESG contribution room available for carry forward in future years.
This year, Jack contributed $5,000 to the RESP. The CESG is limited to $2,500 of this year’s contribution, plus
the $1,500 carried forward from last year. As such, the CESG will be 20% of $4,000, or $800.
Be sure your clients understand that only unused CESG contribution room can be carried forward. In
this example, the extra $2,500 contributed this year cannot be carried forward and claimed for CESG
purposes in later years.
EXAMPLE
Maryam’s daughter Hannah is in her first year of university. The total investment earnings in her RESP, including
investment earnings on the CESGs, amount to $45,000. The CESGs paid into the plan amount to $7,200, or 16%
of the total. If $10,000 is paid out as EAPs in Hannah’s first year of university, $1,600, or 16%, is considered to be
the CESG. The balance of the CESG account after the first year will be $5,600 ($7,200 – $1,600).
Be sure to tell your clients who reside in the jurisdictions below, that they can also receive provincial
incentives to open an RESP through the following programs:
• Quebec education savings incentive (QESI)
• BC Training and Education Savings Grant Program (BCTESG)
• If there is no contribution room in the subscriber’s RRSP, the earnings are treated as taxable income for the
subscriber with an additional penalty tax.
• The Canada Education Savings Grant (CESG) and Canada Learning Bond (CLB) are federal programs that provide
additional grant money to RESPs.
• CESG and CLB funds and their earnings are taxed in the beneficiary’s hands upon withdrawal.
RESP IS THE EASIEST AND SAFEST OPTION, BUT IT HAS STRICTER RULES REGARDING
CONTRIBUTIONS. A SELF-DIRECTED PLAN OFFERS MORE INVESTMENT CHOICES. A SELF-
DIRECTED MUTUAL FUND RESP, FOR EXAMPLE, HAS GREATER GROWTH POTENTIAL,
WHILE A GIC PLAN IS SAFER.”
“NO,” SAYS BRYAN, “YOU CAN CHOOSE A FAMILY PLAN RATHER THAN TWO INDIVIDUAL PLANS.
AND IF YOU HAVE A THIRD CHILD AT ANY POINT, THE FUNDS CAN BE ALLOCATED AMONG THEM.”
“AND REMEMBER, WHATEVER TYPE OF PLAN YOU CHOOSE, YOUR CHILDREN WILL BE ELIGIBLE
FOR THE CANADA EDUCATION SAVINGS GRANT AS WELL. THAT AMOUNTS TO 20% OF YOUR
ANNUAL CONTRIBUTIONS, UP TO A LIMIT.”
“NO,” SAYS BRYAN, “THE CESG HAS A CARRY-FORWARD FEATURE, SO YOU WON’T LOSE YOUR
ELIGIBILITY FOR THE YEARS WHEN YOU CAN’T CONTRIBUTE AS MUCH.”
“IN THAT CASE, THE FUNDS CAN BE DIRECTED TO YOUR OTHER CHILD,” SAYS BRYAN. “AND IF
NEITHER CHILD CARRIES ON WITH THEIR EDUCATION, YOU CAN TRANSFER THE RESP EARNINGS
TAX FREE TO YOUR RRSP, PROVIDED YOU HAVE ROOM. OF COURSE, YOU WILL BE REQUIRED TO
PAY CESG FUNDS BACK TO THE GOVERNMENT; AND IF YOU HAVE NO ROOM IN YOUR RRSP, THE
EARNINGS ON YOUR ORIGINAL CONTRIBUTION WILL BE QUITE HEAVILY TAXED.”
Because Bryan knows how RESPs work, he is able to explain them clearly to his
clients so they can make an informed decision about their children’s education fund.
A Tax-Free Savings Account (TFSA) is an account that accrues tax-free earnings; in other words, although
contributions to a TFSA are not tax deductible, there is no tax payable on the income earned, whether it is interest,
dividends or capital gains.
A TFSA can be an alternative to other registered savings plans, such as an RRSP. When you learn the rules,
restrictions and limitations of TFSAs, you will be able to help your clients decide if it is an appropriate
investment tool for their needs.
EXAMPLE
Stephanie is a 17-year-old high school student who would like to start saving for the future. She has just inherited
$11,000 from her grandmother and would like to know what to do with it.
Stephanie can’t set up a TFSA until she turns 18 in three months, but at that time, she should set up a TFSA and
contribute $6,000. At the beginning of next year, she should add the remaining $5,000. In the meantime, she
could consider putting that sum in a redeemable GIC.
CONTRIBUTION RULES
As stated, contributions are not tax-deductible and are limited to a specified amount.
Other rules governing contributions to a TFSA are as follows:
• Contributions to a TFSA can come from employment or from any other source, including a tax refund, a
bequest, savings or a gift.
• Unused contribution room can be carried forward and used any time in the future.
• Over-contribution will be taxed at the rate of 1% of the excess contribution amount every month.
• Contribution room every year consists of the TFSA dollar limit for that year plus any withdrawals made in the
preceding year, along with any unused contribution room from the previous year.
EXAMPLE
Jim is a 40-year-old systems analyst who has been saving diligently for his retirement by making annual
contributions to an RRSP. After he files his income tax return and obtains a $12,000 refund for the tax-deductible
RRSP contribution, Jim wants to save the refund.
In 2020, Jim sets up a TFSA right away and deposited his tax refund. He is authorized to invest a maximum of
$5,000 per year from 2009 to 2012, $5,500 per year for 2013 and 2014, $10,000 for 2015, $5,500 per year from
2016 to 2018 plus $6,000 for 2019 and 2020 bringing his limit to $69,500 in 2020. However, contributions to a
TFSA are not tax-deductible and Jim won’t get a further tax refund by investing in a TFSA.
WITHDRAWAL RULES
Rules governing withdrawal from a TFSA are as follows:
• Withdrawals may be made at any time.
• Money withdrawn may be used for any purpose.
• There is no limit to how much may be withdrawn.
• There is no penalty or tax on withdrawals.
• Money that is withdrawn may be re-contributed at any time in the next calendar year or later.
• Re-contribution of withdrawn funds is not mandatory.
EXAMPLE
Mike, who is 23, has a fairly well paying job as an apprentice electrician and keeps his expenses down by sharing
an apartment with two friends. His ambition is to set up his own contracting business in a few years. To do that,
he believes he needs to go to a community college and learn more about running a business.
A TFSA would be a good place to start saving. If he contributes $6,000 a year to a high-interest savings TFSA, in
three years he’ll have $18,000 (plus interest), which he can withdraw, tax free, to put toward the cost of going
back to school.
Issuer The issuer, in most cases, is the financial institution—such as a bank, life insurance
company, trust company or credit union—where the TFSA is held.
At present, many financial institutions are not charging any fees for setting up and
administering a TFSA. However, it is quite possible that at some point they may
begin charging a fee, especially for self-directed accounts that require more service
and attention.
Holder The person who has a TFSA is the holder and remains so until his or her death.
Only one person can be the holder of a TFSA. After this person’s death, his or her
successor holder, named in the TFSA contract or in a will, is considered the holder.
Survivor Only a spouse or common-law partner may be named as a successor holder. If the
holder of a TFSA wishes, he or she may arrange for his or her survivor to become the
holder of the TFSA after the original holder’s death.
If the survivor does not become the successor holder of the TFSA when the holder dies,
the arrangement ceases to be a TFSA.
• The holder must be able to make contributions, to be invested according to his or her instructions.
• The holder must be able to make withdrawals.
• Only the holder may make contributions, except in the case of an employer’s group plan.
In that case, the employer is allowed to make contributions on behalf of the holder.
Those contributions are considered income for tax purposes.
If your client would like to transfer funds to a TFSA at another financial institution, there is no penalty or
tax payable on the transfer. Your client should be informed, however, if your financial institution charges
a fee for this service.
TFSA RRSP
Contributions
TFSA RRSP
Withdrawals
TFSA RRSP
Amounts permitted Any amount at any time; also, $35,000 from Home Buyers’
no restrictions on how the funds Plan and $20,000 from Lifelong
withdrawn can be used Learning Plan
Minimum lifetime withdrawal No stipulated minimum When the plan holder reaches
withdrawals need to be made age 71, the plan must be wound
during a person’s lifetime up or converted and minimum
withdrawals must be made
every year
Impact on government pension Withdrawals from TFSAs do not Withdrawal of RRIF/RRSP funds
and retirement benefits affect government pension benefits (mandatory or otherwise) may
adversely and cannot result in adversely impact eligibility for
clawback of benefits already paid, certain government pension
because TFSA withdrawals are not benefits or result in clawback of
included in income for tax purposes benefits already paid
Other rules
TFSA RRSP
Kinds of investments Cash, stocks, bonds, mutual Cash, stocks, bonds, mutual
funds, GIC’s and other qualified funds, GIC’s and other qualified
investments investments
Spousal attribution No attribution takes place; also, Amounts withdrawn from a spousal
a spouse’s own TFSA contribution RRSP by the spouse in the year in
room is not affected by giving which a contribution is made or
funds to his or her spouse to in the next two calendar years are
contribute to his or her TFSA taxable to the contributing spouse;
contributions to spousal plan come
out of contributor’s own RRSP
contribution room
Clients who are in their peak earning years with well paying jobs would be better off with an RRSP.
On the other hand, clients with a modest earned income may find themselves in a higher tax bracket after they
retire. When they start withdrawing from their RRSP after age 71, they may have to pay more tax on the withdrawal
amounts than they would have had to pay on the contribution amounts. Their RRSP savings may also adversely
affect their eligibility for government retirement and pension benefits, or may result in a clawback of benefits
received. With a TFSA, government pension benefits are protected from clawback.
In other words:
• An RRSP is the better choice when the income tax rate is expected to be higher during contribution years and
lower after retirement.
• A TFSA is the better choice when the income tax rate is expected to be lower during contribution years and
higher after retirement.
EXAMPLE
Gillian is a 28-year-old singer who is beginning to build a career in the opera world. Her earnings are inconsistent.
She wants to save for her retirement and is trying to decide between an RRSP and a TFSA.
Because her income is at a modest level right now, Gillian is probably in a lower tax bracket than she will be in
when she eventually retires and has to start taking money out of her RRSP. That means that she’s saving less in
taxes than she will have to pay at that time. Until her income is higher, she would be further ahead by putting
as much as she can every year into a TFSA. If she still has some spare cash, it can go into her RRSP. If her career
flourishes and she begins earning more money, she can start making larger contributions to her RRSP at that time.
For people who must choose, due to financial limitations, between an RRSP and a TFSA, the choice should be
determined primarily by comparing their tax rate at the time of contribution versus their expected tax rate at the
time of withdrawal (ideally upon retirement).
Sometimes, an RRSP is not an allowable choice, as in the following situations:
• A client has no earned income
• A client has reached the age of 71
A good savings strategy is to put the tax refund resulting from the RRSP contribution into a TFSA where
your client will be less likely to spend it.
“WE WOULD LIKE TO DO IT SOON IF WE CAN, BUT WE’RE WILLING TO WAIT FOUR OR FIVE
YEARS,” SAYS JASON.
“YOU CAN EACH BORROW YOUR MAXIMUM LIMIT FROM YOUR RRSP UNDER THE HOME BUYER’S
PLAN. YOU HAVE QUITE A BIT SAVED TOWARD A DOWN PAYMENT ALREADY,” SAYS BRYAN. “BUT
REMEMBER THAT IF YOU DON’T PAY YOUR WITHDRAWAL BACK WITHIN 15 YEARS, YOU’LL HAVE TO
PAY TAX ON THE SHORTFALL. IF YOU’RE CONCERNED ABOUT YOUR ABILITY TO PAY IT BACK, YOU
MIGHT WANT TO LEAVE YOUR RRSP ALONE.”
“IF YOU CHOOSE TO SAVE THROUGH A TFSA INSTEAD, YOU CAN EACH CONTRIBUTE $5,000
ANNUALLY AND WITHIN FIVE YEARS, YOU MAY HAVE ENOUGH FOR A DOWN PAYMENT. YOU’RE NOT
OBLIGED TO PAY BACK YOUR WITHDRAWAL ON THAT, BUT YOU CAN IF YOU CHOOSE TO.”
“WHAT ARE THE OTHER ADVANTAGES OF DOING IT THAT WAY?” ASKS TAMARA.
“WELL, YOU’LL HAVE THE ADVANTAGE OF TAX-FREE EARNINGS ON YOUR INVESTMENT, WHEREAS
RRSP EARNINGS ARE ULTIMATELY TAXED.”
“THEN THE TFSA IS THE WAY TO GO, DON’T YOU THINK?” ASKS TAMARA.
“BUT REMEMBER THAT YOUR CONTRIBUTIONS TO A TFSA AREN’T TAX DEDUCTIBLE. YOUR TAX
RATE IS 29%, SO TO PUT $5,000 IN A TFSA, YOU WILL NEED AN ACTUAL DOLLAR AMOUNT OF
$7,042 BEFORE TAX (CALCULATED AS 5,000 / (1-0.29)). WITH AN RRSP, YOU ONLY NEED $5,000 TO
CONTRIBUTE $5,000. SO EVEN THOUGH ANY EARNINGS FROM THE RRSP WILL BE TAXED IN THE END,
YOU MAY BE ABLE TO SAVE FOR A DOWN PAYMENT MORE QUICKLY USING AN RRSP.”
“YES,” SAYS BRYAN. “ONE COMMON STRATEGY IS TO CONTRIBUTE WHAT YOU CAN TO YOUR RRSP
AND DEPOSIT THE TAX REFUND FROM THE RRSP IN YOUR TFSA ACCOUNT.”
“AND WE CAN USE SAVINGS FROM BOTH ACCOUNTS TO MAKE A MORE SUBSTANTIAL DOWN
PAYMENT,” SAYS TAMARA.
“THEN WE CAN DIRECT WHAT WE SAVE ON A LOWER MORTGAGE BACK INTO OUR RRSP,”
SAYS JASON.
Because Bryan understands how TFSAs work and how they compare to RRSPs, he is
able to help his clients find the best way to save to purchase a house.
1 | Explain the features and uses of registered Registered Retirement Savings Plans (RRSPs)
retirement savings plans (RRSPs).
KEY TERMS
The Key Terms list targets some significant concepts covered in the textbook. Key terms appear
in bold text in each chapter to help you focus your study efforts on these important topics.
clawback over-contribution
minimum withdrawal
1 | Explain the features and uses of registered retirement savings plans (RRSPs).
Registered Retirement Savings Plans (RRSPs) are the preferred retirement savings vehicle for many clients.
Individuals make tax-deductible contributions to the plan and accumulate tax-deferred income (interest, dividends
or capital gains) while saving to supplement their retirement income.
Contributions are discretionary and can be made up until December 31 of the calendar year in which the annuitant
of the plan attains the age of 71. Earnings on the contributions are currently not taxable. Amounts (capital and
investment income) become taxable when they are withdrawn from the plan.
As an advisor, it is important to have a solid understanding of RRSPs. This will enable you to provide sound advice
when assisting clients with their retirement planning. Clients will want to know how best to maximize their
retirement savings and minimize their tax payments. A long-term retirement strategy should be established with
your clients and be reviewed periodically.
Advantage Description
Reducing net income Contributions (up to a prescribed amount) are deductible from taxable income.
subject to tax
Earnings (interest, dividends and capital gains) generated inside the plan are not
currently taxed.
Providing a An RRSP can be used to generate retirement income in addition to income received
supplementary from government pension programs and company pension plans.
retirement income
DISADVANTAGES OF RRSPs
Disadvantage Description
Contribution Limit A client may want to contribute more to an RRSP than allowed by government
Restrictions regulations. Excess contributions exceeding a total of $2,000 at any one point are
subject to a 1% per month penalty tax.
TAX BENEFITS
Tax benefits include:
• Reducing taxable income in higher-earning years
• Increasing income in retirement, while decreasing taxable income at the time of contribution
• Using spousal plans as a form of income splitting
• Earnings inside the RRSP not being taxable as long as the funds are not withdrawn
EXAMPLE
John Kraft, who is in his 30’s, has a good paying job and wants to know if he should start saving for retirement.
He would like to maintain his current lifestyle into retirement but is concerned that the government pension
plans will not provide him with sufficient retirement income. John has no company pension plan. He drops by the
financial institution he has been banking with for several years and consults with Bryan Lee to obtain advice.
Bryan talks to John about the advantages and tax benefits of contributing to an RRSP plan. Bryan advises John
that he should take advantage of his high-income earning years to make contributions, while at the same time
reducing his taxable income. After John’s conversation with Bryan, he is convinced that he should set up an RRSP
and start contributing on a regular basis.
CONTRIBUTION LIMITS
The RRSP contribution limits are based on an individual’s previous year’s earned income, their Pension
Adjustment (PA), Past Service Pension Adjustment (PSPA), and accumulated unused RRSP contribution room
from the previous year. The amount contributed to the individual pension plan is not known until the end of the
calendar year and all registered pension plan (RPP) contributions are made.
2019 $26,500
2020 $27,230
2021 $28,830
Minus:
Previous year’s pension adjustment (PA) and the current year’s past service pension adjustment (PSPA)
Plus:
Accumulated unused RRSP contribution at the end of the previous tax year
EXAMPLE
The following is an example of how to calculate a client’s contribution limit amount for 2020.
Jamil is a member of a defined contribution pension plan. The earned income amounts are based on figures from 2019.
1. First, calculate the earned income amount.
Description Amount
EXAMPLE
(cont'd)
2. Second, calculate the allowable limit amount for 2020.
Contribution Limit Amount = The lesser of:
18% of 2019 earned income = 18% x $81,000 = $14,580, or
A 2020 maximum contribution limit amount = $27,230
A client may have carried forward unused RRSP contribution room from previous tax years. In this case,
the unused RRSP contribution amount would be added to the calculated contribution amount for the
current year.
OVER-CONTRIBUTION RULES
Limited over-contributions into an RRSP are allowed without penalty. The maximum allowed over a lifetime cannot
exceed $2,000. The amount that is over-contributed is not tax deductible in the year of over-contribution. Any
over-contribution amount over $2,000 is subject to a penalty tax of 1% per month.
Although there is no tax deduction for the amount of the over- contribution, the excess amount is permitted to
accumulate tax-free investment income while it remains within the plan.
EXAMPLE
The following example helps explain how the carry-forward provision works:
Mary and Don Sundridge are a young couple with two small children. They bought a new house two years ago
and are on a tight budget. Since they bought the house, Don has been unable to contribute the maximum
amount allowed into his RRSPs.
Last year, Don had a maximum contribution limit of $16,650. He was only able to make a $3,500 contribution.
As a result, the difference of $13,150 was added to his total contribution limit for future tax years.
Once the children are older and Mary returns to work, Don plans to increase the amount he contributes to his
RRSPs, utilizing the contribution amounts built up through the carry-forward provision. By then he will likely be
in a higher-earning income bracket and will potentially benefit even more from the resulting tax deductions.
As an advisor, you will want to make clients aware of the carry-forward provision on RRSP contributions.
At the same time, emphasize the benefits of making:
• RRSP contributions as early in life as possible, and
• Regular contributions to a RRSP.
SPOUSAL PLANS
USES OF SPOUSAL PLANS
A spousal RRSP plan:
• Provides retirement income for the spouse or common-law partner of the contributor, while the contributions
are deducted from the taxable income of the contributor. Contributing to a spousal plan uses the contributor’s
RRSP contribution room.
• Allows the higher-income spouse or partner to reduce taxes while building up retirement income. Any amounts
withdrawn during retirement will potentially be taxed at the marginal tax rate of the lower-income spouse
or partner.
• Is of most benefit to families with a large difference in retirement income, providing a benefit by income
splitting and potentially reducing family taxes at retirement.
EXAMPLE 1
Julie earns a higher salary than her common-law partner, Maria. She has been making regular annual
contributions to a spousal RRSP which is registered in Maria’s name.
Julie has been receiving the tax receipt for the contributions made to the spousal plan and is able to deduct the
contribution amounts to reduce her taxable income.
When Julie and Maria retire, any amounts withdrawn will potentially be taxed at the lower rate of Maria, the
lower-income partner.
EXAMPLE 2
If Rekha has a maximum RRSP contribution limit of $15,500 but only contributes $10,000 to a plan in
her name, she may contribute $5,500 to a spousal RRSP. Her own total tax deduction would be $15,500.
In addition, Rekha’s spouse could also contribute to his own plan up to his allowable limit and claim a
corresponding tax deduction.
Conditions Consequence
• Contribution is made in current or two The contributor is responsible for reporting the
preceding tax years lesser of the amount withdrawn and the amount
• Spouse makes a withdrawal contributed during the three years.
EXAMPLE
In each of four consecutive years, Patrick contributes $1,000 to his wife’s spousal RRSP and claims each
contribution as a tax deduction in each of the years that contributions were made. Then, in the fifth year, his
wife Colleen decides to withdraw all funds from her plan. Thus, for the fifth taxation year:
a. Patrick includes as taxable income on his tax return the sum of $2,000 (made up of the following
contributions: fifth year – the year of withdrawal – nil; fourth year – $1,000; third year – $1,000).
b. Colleen includes as taxable income in her tax return the sum of $2,000 (i.e., the contributions to the
plan made for her in years 1 and 2), plus all earnings accumulated on the total contributions of $4,000
in the plan.
Merely having or adopting a child together does not make a couple common-law spouse, they must also be living
together in a conjugal relationship.
SELF-DIRECTED RRSPs
SELF-DIRECTED RRSPs
A self-directed RRSP is one for which the client selects and directs the plan investments from a variety of eligible
instruments (including individual stocks, bonds and mortgages).
Annual management and periodic brokerage fees are typically charged on self-directed RRSPs.
Self-directed RRSPs are sometimes referred to as self-administered RRSPs.
If the client has at least a basic knowledge of investing and feels comfortable making investment
decisions, they may want to place the funds in a self-directed RRSP.
‘IN-KIND’ CONTRIBUTIONS
An in-kind contribution is a non-monetary contribution to a RRSP.
It enables a client to contribute an existing investment owned outside of the RRSP to generate a tax deductible
contribution. The amount of the deduction is based on the fair market value of the investment at time of contribution.
The client retains the investment, rather than selling it in the open market, and at the same time benefits from the
tax deduction created by a RRSP contribution.
An in-kind contribution is sometimes referred to as a species contribution.
Clients making in-kind contributions to their self-directed RRSPs should be made aware that there could be possible
tax implications on any assets transferred. Transactions could generate taxable income or capital gains.
EXAMPLE
The following table illustrates possible in-kind contribution scenarios and the resulting tax implications:
Assets transferred to an RRSP are deemed to have Maureen contributed 1,000 shares of Acme Dot Com
been contributed at an amount equal to their fair Company to her self-directed RRSP on December 11
market value. of this year.
For example, stock is valued on the stock exchange Acme Dot Com shares closed at $12.50 that day.
at the close of the business day.
Therefore, Maureen was deemed to have made an
Assume the adjusted cost base (ACB) was $12.50. RRSP contribution of $12,500 = 1,000 × 12.50.
If an asset is transferred to an RRSP as an in-kind If Louis contributed $11,000 worth of mutual fund
contribution for an amount that is greater than units to his RRSP that have an adjusted cost base
its adjusted cost base, the taxpayer will realize a of $8,000, he would be deemed to have realized a
capital gain. $3,000 capital gain.
If an asset is transferred to an RRSP as an in-kind If Louis contributed $8,000 worth of mutual fund
contribution for an amount that is less than its units to his RRSP that have an adjusted cost base of
adjusted cost base, the taxpayer will realize no $11,000, he would be deemed to have realized no
capital loss. capital loss.
EXAMPLE
Kate Deroach is the sole heir to her grandmother’s estate. When her grandmother dies, she inherits a large
sum of money.
Kate makes an appointment with her advisor, Bryan Lee to discuss the best way to invest her inheritance. She
would like to maximize her contributions to her RRSP and take advantage of the $27,230 she has carried forward
in contribution amounts.
Kate is interested in using part of her inheritance to buy a condominium. She would also like to invest in the
stock market and take advantage of the current lower share prices.
Bryan advises Kate that:
• Real estate cannot be held in a RRSP plan
• Shares in a company where the shares are listed on a prescribed stock exchange inside and outside Canada
can be held in a RRSP plan
Disadvantage Description
Reporting the withdrawal as income The withdrawn funds are added to the owner’s income for the year
withdrawn. A higher income could result in a higher tax payable.
Being subject to withholding tax Up to 30% (31% in Quebec) tax could be withheld from the
withdrawn funds.
A potential tax payable Tax payable on the withdrawn funds reduces the net value of the
funds received.
Reducing the value of RRSPs The current and future values of the RRSP funds will be less. The
result could be a lower net worth for clients as they enter their
retirement years.
The funds outside of a RRSP being Funds invested outside of a RRSP could be subject to tax annually on
subject to tax investment earnings.
Potential penalties and Withdrawals from some RRSP plans may be subject to a penalty or
withdrawal fees withdrawal fee. This usually applies to funds withdrawn early or before
a stated maturity date.
Withdrawing funds from an RRSP has many tax implications. As an advisor, you should make sure your
clients are made aware of these implications before making a withdrawal from their RRSP.
PLAN-TO-PLAN TRANSFERS
A client may want to transfer funds from one RRSP (or RRIF) to another RRSP plan, a registered retirement income
fund (RRIF), a registered pension plan (RPP), or a Registered Disability Savings Plan (RDSP).
To transfer funds, the RRSP owner must complete a Canada Revenue Agency (CRA) form T2033 (Direct Transfer
form). The transferring institution and the institution receiving the funds must complete applicable sections
of the form.
With plan-to-plan transfers, there are no income tax implications. Income within the plan remains tax-deferred.
Withdrawals may be subject to potential penalties or penalty fees. There is no RRSP contribution slip issued.
Parents and grandparents are allowed to rollover their RRSP’s or RRIF’s into a RDSP on a tax-deferred basis. The
beneficiary must qualify for a disability tax credit and be a dependent. They also have included the ability to carry
forward entitlements for the Canada Disability Savings Grant and Bond for the previous 10 years.
There are two advantages to doing a plan-to-plan transfer:
• The transfer does not have to be reported as taxable income. No T4-RRSP tax slip is issued.
• Withholding taxes do not apply on the transferred funds.
EXAMPLE
Ted Thickson wishes to move $25,000 of the funds held in his RRSP with the Great Canadian Bank to a new plan
with the All Canadian Trust Company.
Ted could simply withdraw $25,000 from the Great Canadian plan and then re-contribute $25,000 to the All
Canadian plan (assuming Ted has sufficient RRSP contribution room for the year). However, $7,500 (30%) of
withholding tax would be deducted at source (by Great Canadian). Ted would have to come up with $7,500 of his
own to complete the $25,000 contribution.
Ted decides to contact his adviser, Bryan, for direction. Bryan advises Ted that if he were to do a plan-to-plan
transfer, there would be no tax withheld on the withdrawal.
The owner of the plan will need to provide a signed letter of instruction requesting the partial withdrawal of funds.
In many cases, the issuer of the plan will have a standard form for the owner to complete and sign.
DEREGISTRATION
CIRCUMSTANCES WHEN AN RRSP CAN BE DEREGISTERED
Deregistration could occur as a consequence of:
• An amendment to the terms of the plan that puts it in contravention of the requirements for registration as set
out in section 146 of the Income Tax Act.
• Pledging the assets of the plan as security for a loan.
• Failing to mature the plan into an annuity or RRIF by December 31 of the year in which the annuitant (owner) of
the plan attains the age of 71.
EXAMPLE
Donna Eckard wants to take out a large loan to start a new business. The lender will only provide Donna with a
loan if she can provide them with collateral. The only major asset Donna has is her RRSP.
In order to be able to use her RRSP as collateral, Donna will have to deregister the plan and report the assets
of the plan as taxable income. Donna is not too concerned, as she will likely be generating little or no taxable
income the first few years she is open for business.
Or
• Have a written agreement to buy or build a qualifying home for a related person with a disability, or to help a
related person with a disability buy or build a qualifying home.
The four-year qualification period is waived for a disabled person and relatives who want to purchase a home that is
better suited for the disabled person who will live there.
• The Federal 2019 Budget announced an extension of access to the HBP after the breakdown of a marriage or
common-law partnership.
A decision to participate in the Home Buyers’ Plan should be based on a careful cost-benefit analysis.
Discussing the pros and cons of making a withdrawal under the Home Buyers’ Plan should be part of
your discussion with the client.
Advantages Disadvantages
Funds borrowed are interest free. Funds borrowed stop growing on a tax-sheltered basis
until they are repaid.
By reducing the principal of a mortgage, money is RRSP contributions may be postponed for nearly a
saved on mortgage interest payments. year. If no contributions are made, the total amount
accumulated at retirement will be lower.
EXAMPLE
Barry and Nina Trechowski want to take advantage of current lower real estate prices and mortgage rates and
would like to purchase a home. They have always lived in a rental apartment and have little cash flow, as most of
their funds are tied up in a family business.
When they finally purchase a home, Barry and Nina would like to be able to make a larger down payment.
Consequently, the mortgage principal and the monthly mortgage payment would both be lower.
EXAMPLE
(cont'd)
A neighbour suggests they meet with a financial advisor to discuss the options. Barry and Nina set up an
appointment with Bryan Lee.
Bryan points out the following to Barry and Nina:
• Both hold funds in a RRSP
• The funds are being used to purchase their first home
• They would qualify for a tax-free withdrawal from their RRSPs under the Home Buyers’ Plan
• Both Barry and Nina could withdraw up to $35,000 each from their respective RRSPs for a total amount
of $70,000
• Repayments must be made over a 15-year period, maximum
Barry and Nina are happy with the information and advice they received from Bryan and will start house-hunting
this weekend.
EXAMPLE
Walter Gould has decided he would like to make a career change. In order to make the change, he would have
to go back to school on a full-time basis for two years. Walter has saved enough money to cover all costs,
except for the cost of his books and laboratory fees. Through a discussion with a friend, Walter has discovered
that he can make a non-taxable withdrawal from his RRSP to cover the educational costs. Walter makes LLP
withdrawals from 2020 to 2023. He continues his education from 2020 to 2025, and is entitled to claim the
education amount as a full-time student for at least three consecutive months on his income tax and benefit
return every year. Walters’s repayment period begins in 2025 since 2025 is the fifth year after the year of his
first LLP withdrawal. The due date for his first repayment is March 1, 2026, which is 60 days after the end of
2025, his first repayment year.
Walter is confident that he will be earning a higher salary as a result of his education and will have no difficulty in
repaying the amount withdrawn.
Clients have the option of contributing to a spousal plan or having a self-directed RRSP.
Withdrawals can be made tax-free under the Home Buyers’ Plan and the Lifelong Learning Plan.
Is the high-income Is the low-income Set up a spousal plan with Marc being the contributor and Sandi
earner earner the annuitant.
Marc will get the tax deduction now in his high-earning years.
Sandi will potentially have a lower income in retirement and
Marc and Sandi will benefit from the lower taxes payable on the
RRSP withdrawals.
Has $33,000 in Has $12,000 in Use up as much of the contribution room as they can.
carried-forward carried-forward
If more is invested now, rather than later, the retirement fund
contribution room contribution room
will grow faster.
Has no company Has a company Marc should contribute more to compensate for the lack of a
pension plan pension plan pension plan.
Has a good Has little Marc may be interested in a self-directed RRSP and direct his
knowledge of knowledge of own investments.
investments investments
Sandi would likely be more comfortable with a standard GIC or a
low-risk investment.
Bryan does a calculation to see what Marc and Sandi’s RRSP contribution limits are for the current tax year.
He reviews the different types of investments that can be held in an RRSP with Marc and Sandi.
A registered retirement income fund (RRIF) is essentially a registered investment vehicle out of which a
prescribed minimum amount must be withdrawn each year. Allowable investments include stocks, bonds, GICs, and
mutual funds. It is one of the options that can be used to receive funds from a maturing RRSP.
The typical client for a RRIF is a person who:
• currently has a RRSP and
• is retired or retiring and is close to reaching the age of 71.
Often a client will set up a RRIF at age 71 when they must collapse their RRSPs. However, a RRIF can be taken out
at any age.
Income earned in a RRIF is tax deferred. Tax is payable only on the amount withdrawn each year from the plan.
Amounts not withdrawn continue to compound tax free, as in an RRSP. The amount paid out is based on the market
value of the balance in the fund and the age of the annuitant at the beginning of the current calendar year.
As an advisor, you should be able to advise your clients on how they can effectively use a RRIF to maximize their
retirement savings and minimize their tax payments.
• By withdrawing only the minimum required, the remaining capital in the plan can continue to grow
tax free. The consequences of inflation may be avoided by allowing the possibility of accumulating
more income for the future and offsetting future increases in the cost of living.
• The minimum amount of withdrawals can be based on the spouse’s age, if younger. Choosing the
younger age reduces the required minimum annual withdrawal amount, while maximizing tax-deferred
income growth within the plan. While this strategy does allow for reduced annual minimum
withdrawals, the starting date when minimum withdrawals are required is still based on the age of the
older spouse that is the annuitant of the registered account. A registered account must be converted to
a retirement option, such as a RRIF, by December 31 of the year in which the annuitant turns age 71.
As an advisor, it is important for you to keep up to date on the tax treatment of RRIFs, particularly with
regards to the mandatory minimum withdrawal amounts.
EXAMPLE
John, a widower, is turning 71 in January. He has accumulated a substantial amount in an RRSP. John enjoys his
job and plans to work as long as he can. He does not require extra income at this point in his life. John contacts
his advisor, Bryan, for advice.
Bryan advises John that he can continue making contributions into his RRSP until December 31 of the year he
turns 71. At that point, the RRSPs must be collapsed. One option available to John is to transfer some or all of the
RRSP funds into a RRIF.
With a RRIF, a mandatory amount must be withdrawn annually. However, the balance of the funds in the RRIF
will continue compound tax free.
John is interested in diversifying his investments globally and Bryan advises him that there are no limits on the
percentage of foreign content held in the plan.
Up to Age 70 RRIF value on December 31 of the previous year / (90 – Age at the beginning
of the year).
Minimum may be based on younger spouse age.
Age 71 – 94 Starting at age 71, the minimum withdrawal is based on 5.28% of the market
value of the account on December 31 of the previous year. The percentage
increases each year.
Minimum may be based on younger spouse age.
Age 95 and Older At age 95 the percentage levels out at 20% of the remaining assets per year.
Minimum may be based on younger spouse age.
There is no minimum withdrawal requirement for the calendar year in which the RRIF is established.
Although there is a minimum withdrawal schedule for RRIFs, there is no maximum withdrawal amount. After
allowing for the RRIF minimum, the annuitant may withdraw additional funds from the RRIF with no restrictions
on amounts.
Withholding tax is applied to any portion of a RRIF payment that is in excess of the minimum amount.
Earnings in a RRIF are tax-free, and amounts paid out of a RRIF are taxable when the annuitant receives them.
DIVE DEEPER
Click on the Job Aid link to review the Typical RRIF Payout Job Aid.
EXAMPLE
Marty Lee turned 71 in September this year. He has an RRSP which will have an estimated closing market value of
$250,000 by December 31 of this year.
After a discussion with his advisor, Bryan, Marty has learned that he will have to collapse his RRSP by
December 31. Marty has decided he will move his RRSP funds into a RRIF.
Withdrawals must commence no later than December 31 of the year he is 72. Illustrated below is how the annual
minimum withdrawal amount for a RRIF is calculated next year:
You should now have an understanding of how to calculate the minimum annual withdrawal amount.
3 | Describe the types, features and rules of registered pension plans (RPPs).
A registered pension plan (RPP) is a formal arrangement in which an employer provides a retirement pension
income for life to employees in consideration of past service. Participation in an RPP is not always mandatory.
A company with a pension plan may offer an RPP as a benefit to attract new employees or encourage current
employees to stay.
There are two basic types of RPPs:
1. Defined Contribution Plans (Money Purchase Plans)
2. Defined Benefit Plans
The plan can be either contributory or non-contributory. With a Contributory Plan, both the employer and the
employee contribute to the plan. With a Non-contributory Plan, the employee is not required to contribute
to the plan.
Having an understanding of RPPs and what they offer will enable you to better understand your client’s needs when
assisting them with their retirement planning.
EXAMPLE
Marcus recently upgraded his education and obtained a Bachelor of Science degree. With two job offers to
choose between, Marcus decided to work for Iron Metal Research Ltd.
Marcus is in his forties and has started to think about retirement planning. His decision to work for Iron Metal
Research Ltd was partially based on the company’s attractive benefits package, which includes a contributory
RPP plan.
With an RPP plan, Marcus will be forced to save money towards his retirement. The funds will grow faster with his
employer contributing to the RPP plan as well. Another advantage is that the contributions Marcus makes to the
RPP are tax deductible and will reduce his taxable income.
The 2019 federal budget proposed amending the tax rules to permit Pooled Registered Pension Plans (PRPPs) and
defined contribution RPPs to provide a Variable Payment Life Annuity (VPLA) to members directly from the plan. A
VPLA will provide payments that vary based on the investment performance of the underlying annuities fund and on
the mortality experience of VPLA annuitants.
Did you know that Deferred Profit Sharing Plans (DPSPs) are a form of deferred compensation plan set
up by employers for the benefit of their employees? They are similar to a defined contribution registered
pension plan. The employer makes contributions on behalf of its employees, according to the terms
of the plan, in years in which the company makes a profit. DPSPs provide a means of deferring tax on
retirement savings until the funds are withdrawn.
EXAMPLE
Billy plans to work for Bilco Corporation until he retires at age 65. Billy has been contributing monthly to a
defined contribution plan. Along with the amount the company has been contributing, he will have accumulated
more than $230,000 by the time he retires. Billy wants to know what his options are when he retires and leaves
the company.
Billy talks to his contact at Bilco Corporation, as well as his advisor, Bryan Lee.
Based on the number of his years of service, the funds are vested and Billy will receive benefit payments at
retirement. He has the option of taking a lump sum amount or purchasing a retirement income product.
Bryan informs Billy that if he takes out a lump sum amount, tax will be withheld and lump sum will have to
be reported as income. He suggests that Billy annuitize the funds in the plan into a life annuity at retirement.
Alternately, Billy could transfer the funds to a Locked-in Retirement Account (LIRA), thereby avoiding any current
tax implications. The money will continue to grow tax free until he needs the income or turns 71.
Flat Benefit Benefits are expressed as a fixed dollar amount for each year of service.
Career Average Benefits are based on the employee’s average earnings over the entire period of
service under the plan.
Final or Best Average Benefits are based on the employee’s average earnings over a short period.
This could be the final few years of service, or three or five of the employee’s
highest-earning years.
Combination of Benefit Benefits are determined by reference to two or more benefit formulas.
In addition to the regular benefit formula, plans could contain a limitation that
prevents benefits from exceeding a certain amount.
The formula used most often by employers is the final or best average formula.
EXAMPLE
Following is an example of how to calculate a defined benefit pension amount using the final or best
average formula:
Anthony has worked for the Bravo Manufacturing Company for 29 years and is planning to retire at the end of
20x5. For 27 years, Anthony was a member of the company’s defined benefit pension plan.
The plan offers a retirement pension based on:
• Years of service in the plan, at a rate of 2% per year
• The average of the three best years of income (including overtime) during the last five years of employment
Anthony’s total salary for the last five years was as follows:
20x1 $42,000
20x2 $46,000
20x3 $51,000
20x4 $48,000
20x5 $38,000
Anthony’s pension would be based on an average annual salary of $48,333 (($46,000 + $51,000 +
$48,000)/3 = $48,333).
To calculate the defined pension benefit amount, you would multiply the average salary amount by the
applicable percentage rate and number of years of RPP membership. Anthony’s pension amount would be
calculated as follows:
$48,333 2% 27 years
= $48,333 × 2% × 27
= $26,100
The applicable defined benefit pension amount is $26,100.
CONTRIBUTION LIMITS
RPP CONTRIBUTION LIMITS
The RPP contribution limits are based on an individual’s current year’s earnings. The amount contributed to the
individual pension plan is not known until the end of the calendar year when all registered pension plan (RPP)
contributions have been made.
Employer contributions must be made within the taxation year, or up to 120 days after the end of the taxation year.
Employee contributions must be made by December 31 in the year a deduction is to be claimed.
2019 $27,230
2020 $27,830
2021 indexed
The combined employer/employee contributions of a defined contribution plan cannot exceed the lesser of the
following amounts:
• 18% of the employee’s current year compensation; or
• the money purchase plan contribution limit set by the government for the year.
What does the plan Specifies a percentage of salary that both Specifies what pension the employee
specify? employee and employer must contribute receives at retirement
to the fund
Risks Risk of fund shortfall lies with employee Risk of fund shortfall lies with employer
Potential higher cost for employee Potential higher cost for employer
Advantages If returns are good, employee can Less risky for employee
earn more
Guaranteed amounts provide a safety
Easier to withdraw or transfer fund net against short-term negative market
fluctuations that may occur
EXAMPLE
Jill and Maxie have been good friends for several years. They realize the importance of saving for retirement and
are happy that the companies they work for offer RPPs as part of the benefit package. Jill participates in a defined
contribution plan. Maxie participates in a defined benefit plan. They discuss what feature they like best about
their respective plans.
The feature that Jill likes best with the defined contribution plan is that she has the flexibility to choose
investment options. Jill could benefit, by way of a higher retirement pension, if her investments perform well.
Maxie likes the fact that with the defined benefit plan, she knows in advance what her retirement benefit will be.
The information will be of great assistance when she puts together her retirement plan.
Did you know that in addition to a PA, a past service pension adjustment (PSPA) may also apply? A PSPA
allows an employee to make ‘catch-up’ contributions to their defined benefit pension plan. This may
impact the employee’s current RRSP contribution room.
A couple of situations where a PSPA could arise include:
• To compensate for an employee’s qualification period, when they were employed by an employer,
but not permitted to participate in a pension plan.
• When an employer implements a new pension plan and up to that point, existing employees have
not had the opportunity to contribute to an RPP.
EXAMPLE 1
PA Calculation for Defined Contribution Plan:
Greg Olner is employed by ABC Electrical Inc. and is a member of the company’s defined contribution plan.
His current salary is $50,000 annually. Greg contributes 5% of his salary to the plan. ABC Electrical Inc. also
contributes 5%.
In this case, the applicable PA amount would be the total employee and employer contribution amounts
to the plan.
PA = 10% of $50,000
= $5,000
EXAMPLE 2
PA Calculation for Defined Benefit Plan:
Jim Lee is employed by Real Time Consulting and is a member of the company’s defined benefit pension plan.
The benefit accrual amount applicable in this situation is $500.
The PA amount would be calculated as follows:
PA = (benefit accrual × 9) – $600
= ($500 × 9) – $600
= $4,500 – $600
= $3,900
ADVANTAGES OF PARs
The advantages of PARs are that they:
• Increase RRSP contribution room by allowing for the recovery of previously forfeited pension adjustments.
• Can be carried forward along with other unused contribution room.
• Make tax-assisted savings fairer and more effective for people who move in and out of the workforce.
EXAMPLE
Victor worked for Alignment Productions for 13 months before he was terminated. During his employment, he
was a member of the company’s defined contribution plan.
Victor left Alignment Productions before the vesting period of two years was up. Therefore, he has no rights to his
pension credits at termination.
In this situation, a PAR will apply. Victor’s RRSP contribution room will be increased by the forfeited pension
adjustment amount.
LOCKING IN
Locking in is a requirement of retirement legislation.
The legislation stipulates that accumulated employee and employer contributions cannot be paid as a cash
withdrawal if the employee, when leaving the job, has not:
• Reached a certain age, or
• Completed a certain period of service or plan membership.
EXAMPLE
Molly worked for Jet Propulsion Motors for 20 years and just recently voluntarily accepted a severance package.
While she was employed, she contributed to an RPP plan and accumulated more than $25,000 in the plan. Molly
is 45 years old and cannot withdraw the funds from the RPP until age 55.
She contacts Bryan to review her options. After a meeting with Bryan, Molly decides that the best option for her
is to transfer the funds into a locked-in RRSP. All of the same investment choices are available and the funds will
continue to grow within the plan tax free.
GEORGE ASKS BRYAN, “WILL I HAVE TO WITHDRAW THE FUNDS FROM MY RPP WHEN I RETIRE?
I AM WORRIED ABOUT HAVING A HIGH TAXABLE INCOME IN THE YEAR OF MY RETIREMENT.”
GEORGE REPLIES, “WILL THERE BE ANY TAXABLE IMPLICATIONS IF THE FUNDS WERE
TRANSFERRED?”
“NO,” BRYAN REPLIES. “AS LONG AS THE FUNDS ARE HELD IN A LOCKED-IN RRSP OR A
LIRA, THERE ARE NO TAXES WITHHELD OR AMOUNTS REPORTABLE AS TAXABLE INCOME.”
GEORGE ASKS, “I HAVE HEARD THAT FUNDS HELD IN AN RPP PLAN ARE LOCKED IN. CAN YOU
TELL ME MORE ABOUT THAT?”
BRYAN ADVISES GEORGE, “THE FUNDS HELD IN AN RPP CAN NOT BE TAKEN OUT OF THE
PENSION PLAN AS A LUMP SUM CASH PAYMENT. IT CAN ONLY BE USED TO PROVIDE
RETIREMENT INCOME.”
George leaves the meeting with Bryan satisfied that all of his questions
and concerns regarding RPPs have been answered.
4 | Explain the rules regarding the three government pension programs – Canada Pension Plan (CPP),
Quebec Pension Plan (QPP) and the Old Age Security Program (OAS).
The CPP and QPP are plans that all workers 18 years of age and older (employed and self-employed) and employers
pay into. At retirement, the contributors receive a monthly income. Monthly income payments usually begin the
month after a contributor’s 65th birthday. Payments can begin as soon as age 60.
The CPP and QPP have provisions for disability benefits, separation and divorce, survivor and death benefits.
OAS are benefits paid to all individuals when they turn 65 years of age if they have been Canadian residents for at
least 10 years after reaching the age of 18 at a rate of 1/40 of a credit per year of residency.
Allowances provide a benefit to low-income 60- to 64-year-olds who are spouses or common-law partners of
Guaranteed Income Supplement (GIS) recipients and meet the residency requirements.
As an advisor, you should be familiar with the various government pension programs and how they work. You
should be able to provide advice to your clients about how these programs affect their retirement planning strategy.
The contributory period is one of the factors used to calculate the amount of the payments a pensioner is
eligible to receive.
As of 2012, if you are receiving your CPP/QPP retirement pension and you are working and contributing to the
CPP/QPP, your contributions will not be included in your contributory period. Instead, they will count toward your
post-retirement benefit.
Investment income and other types of income do not enter into the calculation of the contribution amount.
The contributions payable are based on annual income between set minimum, known as the year’s basic exemption
(YBE), and maximum thresholds called year’s maximum pensionable earnings (YMPE):
• The YBE is set at $3,500.
• The YMPE which is adjusted every year in January, is based on the average increase in salaries.
For salaried workers, the employees pay half the contribution amount and the employers pay the other half. Self-
employed workers pay the entire contribution amount themselves.
EXAMPLE
Janice is employed by a financial services company in Winnipeg. She earned $38,000 this year. Janice’s CPP
contribution was calculated as follows:
CPP Contribution Amount = (Salary minus $3,500) × %
= ($38,000 – $3,500) × 0.0525
= $1,811.25
Janice’s employer will also have had to contribute $1,811.25.
If Janice had been self-employed, she would have had to pay the full contribution amount herself. The amount is
calculated as follows:
CPP Contribution Amount = (Salary minus $3,500) × %
= ($38,000 – $3,500) × 0.105
= $3,622.50
These changes are scheduled to be phased in starting in 2019 over a seven-year time frame.
• From 2019 to 2023, the contribution rate for employees will gradually increase by one percentage point
(from 4.95% to 5.95%) on earnings between $3,500 and the original earnings limit.
Along with increased income limits, the enacted legislation also increases the contribution rate for both
employees and employers, starting in 2024.
• In 2024, employees will begin contributing 4% on an additional range of earnings. This range will start at the
original earnings limit (estimated to be $69,700 in 2025) and go to the additional earnings limit, which will
be 14% higher by 2025 (estimated to be $79,400).
EXAMPLE
Ahab is trying to decide if he should apply for benefits from CPP at age 60, age 65 or age 70. He finds out that
the monthly pension amount he would receive at each age would be:
65 $600
Ahab is planning to work for as long as he can past age 65. His parents are in good health and in their eighties.
Ahab decides that he will wait until age 70 to realize the maximum pension amount available to him.
Before the age of 65, contributions are mandatory for individuals and their employers. From age 65 up to age 70,
contributions are optional. If employees make contributions then employers also have to contribute.
Self-employed individuals have to pay both the employee and employer portions.
EXAMPLE
Last year, when Andrew is 65 years old, he takes his CPP pension and continues working part time. He and his
employer make CPP contributions. Because of these contributions, his annual pension amount will increase by a
certain estimated annual Post-Retirement Benefit beginning of this year. This increased annual pension amount
will then grow with the cost of living.
In Quebec, a person who receives a QPP retirement pension and continued working already receives a retirement
pension supplement (which is the Quebec equivalent of the post-retirement benefit)–as soon his earnings exceed
the $3,500 basic income. The total supplement for the year is 0.5% of the earnings on which he contributed during
the previous year.
EXAMPLE
Last year, Patricia’s retirement pension under the QPP is $750 per month. That year, she also has $22,700 in
employment earnings. Patricia’s retirement pension supplement will be $96 and is calculated as follows: $19,200
($22,700 less the basic $3,500 exemption) × 0.5%. Her yearly pension therefore will increase by $96 (or $8 per
month) this year.
Did you know that once the participant has started receiving CPP/QPP benefits, they can work and
increase the amount of their pension? They can continue to make extra CPP/QPP contributions based on
their later earnings.
Individuals who are forced to retire early because of a recognized severe mental or physical incapacity may be
eligible for disability benefits under the CPP and the QPP.
The children of a disabled person may also receive benefits. The children must be under the age of 18 or, if full-time
students, under the age of 25.
Dependent children of a deceased contributor may be entitled to the children’s benefit (CPP) or the orphan’s
pension (QPP). To qualify for the CPP children’s benefit, dependent children must be under the age of 18 or, if full-
time students, under the age of 25. The QPP orphan’s pension ends when the child turns 18.
The CPP death benefit is a one-time universal payment of up to $2,500, paid to the estate of the deceased under
certain conditions. The QPP death benefit is a lump sum payment of $2,500.
EXAMPLE
Cecilia has not worked since she immigrated to Canada in 1975. She stayed at home raising her five children
while her husband Jose went to work. Cecilia became a Canadian citizen 25 years ago. She is turning 65 this year.
Cecilia is wondering if she will be entitled to OAS benefits.
After contacting the government, Cecilia is advised that she qualifies for OAS benefits once she turns 65. She is
entitled to the full benefit amount payable, as Cecilia meets the criteria of having been a Canadian resident for
more than 40 years after reaching the age of 18.
THE ALLOWANCE
The Allowance provides a benefit to low-income 60- to 64-year-olds, who:
• Are spouses or common-law partners of GIS recipients
• Meet certain criteria in terms of length of residency in Canada
At age 65, most people who have been receiving the Allowance (or the survivor’s Allowance) will automatically
receive OAS instead. At that time, depending on their income, they may also be eligible for the Guaranteed
Income Supplement.
The Allowance provides a modest income for the survivor spouses or common-law partners of OAS pensioners, who
are between 60 and 64 years old.
Allowances provide benefit supplements for low-income 60- to 64-year olds who are spouses or common-law
partners of GIS recipients and meet the residency requirements.
Planning for retirement requires establishing goals and addressing issues and concerns. Some questions that will
need to be answered are:
1. When does the client want to retire?
2. What kind of lifestyle, relative to the present one, do they want to enjoy?
3. Where does a client want to live?
4. What is the client’s life expectancy?
It is important to have a long-term budgeting plan in place. An estimate of the before-tax income amounts required
at retirement will need to be determined.
A client should determine what sources of revenue will be included in the plan. Sources can include the CPP or QPP,
OAS, RPPs, DPSPs and RRSPs.
As an advisor, you will need to find out what your client’s retirement goals are and what their financial needs will be.
The client will require assistance in estimating and budgeting in order to achieve these goals.
LIFE EXPECTANCY
If a client’s life expectancy is to age 90 and the client wants to retire at age 55, sufficient assets need to be set aside
to generate the required income for a 35-year period.
If the client plans to retire at age 65, the retirement period will be reduced by 10 years. Fewer assets would need to
be accumulated to meet the desired retirement income amount.
RETIREMENT LOCATION
The retirement location and the type of lifestyle a client will want to lead can affect the amount of retirement
income required.
EXAMPLE
The following example helps to illustrate how a client’s choices could affect the amount of retirement
income required:
Client #1 – Tom and Ina Bell Client #2 – Pierre and Frances Beliveaus
Tom and Ina are 45 and 48. Pierre and Frances are 50 and 55.
They live in a big house in Vancouver. They live in a big house in Laval, Quebec.
They have two children, who are married and They have three children, all out on their own and
living in the area. very independent. One of their children is living in
Paris permanently.
Pierre and Frances enjoy the busy city life and
enjoy travelling.
When Tom and Ina retire, they plan to buy a small When they retire, Pierre and Frances plan to sell
property in the Fraser Valley. They want to lead a their house in Laval and buy a large condominium
quiet lifestyle, spending time with their children in downtown Montreal. They want to travel
and grandchildren. extensively, including annual trips to Paris.
Tom and Ina plan to retire at age 65. Pierre and Frances plan to retire at 70.
Tom and Ina both have parents who are still alive Pierre has a father who is 75. Frances has a mother
and in their eighties. who is 72.
The Bells will require less income to cover their costs in retirement. The factors contributing to a lower cost would be:
• Downsizing to a rural, smaller property
• Growing their own food, which will decrease grocery costs
• Limited travel expenditures, compared to the Beliveaus
The Bells will likely generate more additional capital from their move than the Beliveaus, adding to their total
retirement income amount.
The Bells can expect to live a long, healthy life and will have to budget sufficient assets to last their lifetime.
1 + .05
Real Interest Rate = – 1 = 2.94%
1 + .02
The real rate of return is also referred to as the inflation adjusted rate of return.
To simplify the calculation, approximate the real interest rate by simply subtracting the inflation rate from the given
nominal rate. Using the above example, the approximate real interest rate would be 3% (5% – 2%).
Research into real interest rates has shown that interest rates generally lie in the range of 2% to 4% per annum.
This rate is fairly stable over time.
CALCULATION PROCESS
• For each category of income source, estimate the amount of benefit to be received.
• Calculate the present value of the retirement benefits at the date they will be collected.
• If pension benefits start later than the time of retirement, calculate the present value of the benefits
at retirement.
Increasing revenues by a significant amount is not easy for most people. Reducing expenses or abandoning goals are
the type of adjustments most households can rapidly implement.
As an advisor, you can make suggestions to the client about how to make adjustments to their
retirement goals. Ultimately, the client has to make the final decision as to what will work for them.
EXAMPLE
Considering that Suzanne is expected to live until 90 years old, sufficient assets need to be accumulated by
retirement to provide income for a period of 23 years.
Peter is concerned that they will outlive their retirement income.
They meet with Bryan, who assists Peter and Susan in calculating their estimated required income amount and
expected expenses at retirement.
Both Peter and Suzanne have an RRSP and Peter has a company pension plan. Suzanne’s RRSP is a spousal plan to
which Peter contributes an annual amount.
After some discussion, the following was determined:
Peter’s estimated income at retirement: $63,000
Suzanne’s estimated income at retirement: $47,000
Subtotal of estimated income at retirement: $110,000
Less estimated taxes (30% of income): $33,000
Total estimated income at retirement: $77,000
Estimated expenses at retirement: $52,500
Discretionary income remaining: $24,500
Bryan advises Josée that she will have less time to save for retirement if she retires at age 55. Josée will have to set
aside sufficient assets to generate the income required for a 35-year period.
Bryan helps Josée calculate her estimated income and tax amounts, as well as her expected expenses at retirement.
Her annual income amount will have to increase yearly to keep up with inflation. Bryan and Josée agree that the
calculated amount of accumulated assets at retirement is too high and is not achievable. Some adjustments to the
retirement plan will have to be made.
After some discussion, a retirement plan is put into place which Josée is happy with and feels she can realistically
work with. To reach her goals, Josée will have to:
• Retire at age 60 instead of age 55 to allow more time to save for retirement.
• Make the maximum contribution amount to her RRSPs from now until age 60. Josée should use up any unused
contribution room that has been carried forward.
• Lead a less lavish lifestyle and save more money. Josée could achieve this by decreasing the amount she spends
on clothes and meals eaten out.
CHAPTER OUTLINE
The content in this chapter covers both common law and civil code legislations. In Canada, except in Quebec, the
rules of general application are derived from common law, which are laws developed by judges through decisions
by the courts. Common law is in contrast to Quebec’s codified system or Civil Code. Consequently, rules of general
application may differ in Quebec relative to the rest of Canada in many cases.
For study purposes, all content in this chapter is examinable regardless of where you reside.
7 | Describe the rules and uses for powers of Powers of Attorney for Property and Mandates
attorney for property and mandates.
8 | Describe the rules and uses for powers of Powers of Attorney for Personal Care and
attorney for personal care. Living Wills
KEY TERMS
The Key Terms list targets some significant concepts covered in the textbook. Key terms appear
in bold text in each chapter to help you focus your study efforts on these important topics.
administrator incapacity
claimants mandatary
codicil mandator
custodian obliterations
donee probate
grantor testator
guardian trustee
WRITING A WILL
A will carries out individuals’ wishes regarding their estates upon their deaths. Having a professional draft a will can
be a relatively inexpensive way of ensuring that an estate is well protected from unnecessary taxation, unnecessary
probate fees and expensive lawsuits by disenchanted heirs who feel that they should have received a portion, or a
greater portion, of the estate.
The advisor can point out the tax implications of the various methods of transferring assets so that clients’ wishes
regarding their estates can be carried out with as little tax erosion as possible.
A will can be enforced only upon death and can be revoked at any time before death. The wishes of the deceased
(the testator) normally include provisions relating to the transfer of cash and specific property (bequests/legacies)
to specified individuals (the legatees). In addition, it includes the transfer of the balance (residue) of the net estate
to the testator’s heirs after the settlement of all outstanding creditors’ claims, taxes and obligations incurred during
life, including family law obligations.
A will should be drafted by a competent lawyer or in Quebec, a notary. If a will is drafted deliberately and
thoughtfully, using clear and careful language, much anxiety and bitterness and many disputes and delays in
the administration of the estate can be avoided. The heirs are more likely to accept the wishes of the deceased
harmoniously if those wishes are clearly stated and well thought out.
EXAMPLE
Ted wants to leaves 40% of his estate to each of his two daughters and only 20% to his son.
Bryan suggests that that Ted express his wishes clearly and coherently in his will, with reasons for his choice of
distribution of his assets, so Ted’s daughters will be less likely to have to justify their windfall to their brother.
TYPES OF WILLS
HOLOGRAPH WILLS
A holograph will is entirely handwritten by the testator (the person making the will), without assistance from
any mechanical device such as a typewriter or a computer, and is signed by the person making it, with or without
witnesses present.
A letter declaring testamentary intent and containing related matters may constitute a holographic will.
EXAMPLE
Herbert was a strong-willed elderly bachelor, with strong opinions about a lot of things, who was used to having
his way.
Among his pet peeves was spending money on anything, especially lawyers and accountants.
Herbert was delighted to learn from the newspaper that he could write his own valid holograph will and he
exercised that right vigorously.
Herbert had made a lot of money in his younger days and seemed to think that his will would form a kind of final
financial statement about which of his relatives had pleased or displeased him.
Irascible to the end, he took pleasure in changing his holograph will every few weeks, as assorted nieces and
nephews pleased or irritated him, and in telling them they had been cut out or put back in the million-dollar will.
All of this was perfectly legal.
Though Bryan had tried to deter Herbert from doing this, when Herbert died, he left behind a substantial
collection of 11 holograph documents, all signed, all expressing testamentary intent. Many conflicted with others
but some could be read together.
Unfortunately for Herbert’s family, he had saved a few thousand dollars in will preparation fees but had neglected
to date any of the documents. At last count, the ongoing litigation battle to determine which documents
governed had triggered legal fees of several thousand dollars and climbing! Had Herbert listened to Bryan, this
could have been avoided.
It is more cost effective and less time consuming in the long run to have a professional help prepare your
will for you.
EXAMPLE
Zoltan finds himself stranded in the north woods, severely injured after the crash of his single-engine plane and
hundreds of miles from the nearest settlement.
Fearing that he will die from his injuries long before he can be rescued and realizing that he has no will to protect
his common-law wife, Zoltan drafts a holograph will in her favour in his plane’s log book and signs it.
Bryan and Zoltan had discussed Zoltan making an appointment to prepare a will with his lawyer. Zoltan had
intended to but didn’t get around to it before his accident.
You shouldn’t put off having a will prepared by a professional since unforeseen circumstances may occur.
NOTARIAL WILLS
A notarial will is typed and executed in the presence of one notary, the testator and a witness. A notarial will
applies to the province of Quebec in accordance with the rules and formal procedures of the Civil Code of Quebec.
The notary retains possession of the original will, while the testator keeps a notarial copy.
The notary can issue certified copies of the document to the heirs upon proof of the testator’s death.
A notarial will comes into effect immediately upon the death of the testator. Therefore, certified copies can be
delivered without any proceedings. Since such documents are considered notarial deeds, they are not subject to
probate upon the testator’s death.
It should be noted, however, that just because notarial wills are not subject to probate does not mean they cannot
be contested.
A witness to a notarial will must not be the notary’s spouse nor related to him in either the direct or the collateral
line up to and including the third degree, or connected with him by marriage or a civil union.
The witness also cannot be under the age of majority, nor can they be an employee of the notary unless they are
also a notary.
AFFIDAVIT OF EXECUTIONS
Having the affidavit of execution filed means that, in the absence of other objections, the court can usually be
satisfied that the will was properly signed and that the formalities of execution were all observed.
An affidavit prepared while the witnesses are readily available averts later problems in proving the validity of the
will, especially in cases where the witnesses might be difficult to locate at a much later date when the testator dies.
Like a holograph will, these kits should only be employed as a last resort, as a temporary solution or in
circumstances where a professionally drawn will cannot be obtained in time. Such a do-it-yourself will should be
replaced with a professionally drawn one at the earliest possible date.
INTERNATIONAL WILLS
An international will is made in compliance with a convention that provides a uniform law on the form of an
international will.
Such wills are valid in every jurisdiction in which the convention is in force, regardless of the place of domicile of the
testator, the place the will was executed or the location of the assets. Such a will can be useful for testators with
assets in more than one jurisdiction.
These wills are very rarely used since so few jurisdictions have signed the convention. At time of writing,
Alberta, Manitoba, Newfoundland & Labrador, New Brunswick, Nova Scotia, Ontario, Prince Edward Island and
Saskatchewan are the only parts of Canada that recognize the international form of wills.
DOMICILE
The legal requirements for the formal validity of a will are governed by either the place where the will is made or
where the testator is domiciled, if different.
Domicile refers to the jurisdiction to which an individual has the strongest link or connection and, usually, a present
intention to remain in or return to.
In other words, one may have several residences but only one domicile, which is an individual’s usual and main place
of residence, as established by facts as well as intentions.
The following factors can be used to establish domicile:
• Location of the individual’s home (regular place of residence)
• Where the individual’s family lives
• Location of bank accounts, principal residence, etc.
• Location of regular employment
• Location of friends and social connections
• Frequency of visits to a previous domicile
• Written evidence indicating intention
EXAMPLE
Sylvester spent the last four months of his life in the Vancouver Islands and died there. When his family consulted
Bryan, one of their questions was whether Sylvester’s summer house qualifies as domicile.
Bryan considered the following aspects:
• When Sylvester was working, he lived mostly in Ontario.
• His will was executed in Ontario.
• His family and most of his friends lived in Ontario.
• He kept his bank accounts there.
Based on these considerations, Bryan concluded that a court would likely consider the Ontario residence his
domicile.
Establishing your domicile will determine the legal requirements of your will.
LIMITATIONS OF WILLS
TESTAMENTARY FREEDOM
Testamentary freedom is the freedom to will property away.
Some assets in common law provinces, such as real estate held as a joint tenant with rights of survivorship, cannot
be willed away. It goes to the survivor, not under the will.
Other assets, such as shares of a corporation, may be subject to prior contractual obligations such as a shareholder’s
agreement, which restricts the right of the owner to bequeath the shares by will.
Not all jurisdictions in the world permit testamentary freedom.
In many countries, real estate, in particular, may be governed by mandatory local laws about who inherits and in
what proportion.
Many countries go one step further and decree by statute how much family members will inherit, and no will
can vary those rules. Countries with this type of legal arrangement are usually referred to as a “forced heirship”
jurisdiction.
These laws are very similar to our intestate distribution statutes, except that they are mandatory. In such
jurisdictions, most or perhaps all residents will not have a will because it serves no purpose.
Other restrictions and limitations may be imposed on will-makers through religious belief or simple cultural
tradition.
Although not embodied in Canadian law, these restrictions may be felt as keenly by the will-maker as any secular
law, or even more so. Professionals need to be alert to these issues and must address them in accordance with the
client’s instructions but also in accordance with Canadian law.
EXAMPLE
Peter is dependent upon Bernard for personal care.
Bernard arranges an appointment for Peter to make a will and will be present during the appointment.
Bryan is concerned that Bernard will do most of the talking on behalf of Peter and will influence the contents of
the will.
Bryan suggests that Peter also bring along a family member or friend to this appointment.
When the professional encounters suspicious circumstances, notes should be made relating to the areas
of concern and about the conversations that took place with the testator. This information should then
be communicated to the lawyer who will be drafting the will.
A major unexplained change from a previous will that is inconsistent with the client’s historic approach to asset
distribution is another situation warranting concern.
CHALLENGING A WILL
A will can be challenged if it fails to make adequate provision for the testator’s spouse and dependants. In such
cases, the court may rule that the will be ignored.
It is not invalid nor illegal to make such a will, but it will be ineffective in depriving dependants of their due support.
It is reasonably common in marriage breakdown situations that spouses will take the other spouse out of a will.
This is probably reasonable, at least until the financial terms of the breakdown have been settled. However, dying
without making provisions for such obligations is a sure-fire way to deplete the estate through litigation and
expenses and is to be discouraged.
EXAMPLE
Gino is incensed that his wife, Gail, had betrayed him.
He wants to instruct his lawyer to make up a will, leaving Gail only a bus token so she could ride to the end of the
line and jump in the lake!
Gino was going to give everything else to his sister, Bella.
Though Bryan knows that Gino might feel better by making such a will, he convinces Gino that the only real
beneficiaries of the ensuing court battle would be the litigation lawyers and not Bella or Gail.
When drafting wills, consideration should be given to the family and the dependant relief laws of the relevant
province. These laws are meant to ensure that adequate support is provided for spouses and dependants in the
event of an individual’s death.
Generally speaking, family law statutes contain support provisions in the event of a marriage breakdown.
Dependant’s relief legislation is meant to ensure that adequate support is provided for spouses and many other
financial dependants in the event of an individual’s death, whether that individual dies with or without a will.
The interplay between dependant relief on death and spousal and child support on marriage breakdown is very
complex and varies from province to province.
Dependants, generally including spouses or common-law spouses, children, parents, brothers or sisters, may apply
to the court for relief. Courts have wide authority under those laws to modify the will and order the estate to make
provisions for dependants, thus addressing dependant and spousal claims before the will’s instructions are carried
out.
In Quebec, common law spouses, brothers and sisters are not considered dependants for alimony or support claims
purposes.
SUPPORT OBLIGATIONS
Many people die having gone through a marriage or other relationship, creating support obligations.
If a spouse dies with a support agreement or a court order against him or her, it generally binds his or her estate,
unless some term of the order or agreement releases the estate, usually upon payment of some life insurance in lieu
of ongoing support payments.
Some provinces create property interests for the surviving spouse. Others simply generate an entitlement to a
dollar amount, without any direct link to any particular property. Knowing how the law works in your particular
jurisdiction can better help you guide clients into making logical plans.
EXAMPLE
Jack died with a very restrictive will, which gave Jill the right to receive only the income from his estate for her
lifetime and at her death, the children will receive the capital of the will. There did not seem to be any particular
reason for this plan, at least, no reason that had been communicated to Jill.
Jack and Jill had been married for forty years and Jill was very upset with this arrangement. Most of the assets
were in Jack’s name. Bryan suggested that Jill consult with a lawyer about exercising her right to an “equalization”
claim against Jack’s estate.
In the end, Jill received a lump-sum equalization payment as a creditor and the children received the balance of
Jack’s estate right away instead of after Jill’s death. As it turned out, they were upset with their father’s will too,
so each of them gave most of their inheritance to their mother.
If surviving spouses feel they are being treated unfairly, they can challenge a will if they feel they have
the right to. Ensuring they are taken care of in the will avoids this.
If the surviving spouse is successful in pursuing such a claim, all benefits under the will in favour of the surviving
spouse are generally forfeited in favour of the equalization payment.
It may be difficult to predict whether the result will be beneficial or detrimental to the remaining beneficiaries.
In some unusual cases, however, estates with poorly planned wills may benefit from the “friendly” use of said
partition, transferring capital property or a lump-sum RRSP on a rollover basis to improve the estate distribution
plan from a tax perspective.
In some jurisdictions, couples may enter into marriage contracts under which each spouse agrees to forego certain
rights given by provincial statutes. This may include the agreement to forgo any equalization claim. However, if
a surviving spouse has not been provided with adequate resources to live, he or she often may make a claim for
support, despite the existence of a contract.
In Quebec, death does not cancel the deceased’s support obligation toward family members. The surviving spouse
may, within six months after the death, claim a financial contribution from the estate as support.
Also, in some common law provinces, if the surviving spouse feels that he or she has not been treated fairly by
the will, he or she may make a claim on the Net Family Property (NFP). The value of any kind of property that was
acquired by a spouse during the marriage and still exists at death must be divided equally between the spouses.
In Quebec, the estate would have to go through family patrimony and matrimonial regime rules before distributing
the assets as per the will and before paying compensatory allowance.
According to family patrimony rules, a surviving spouse is also entitled to claim half of the family patrimony when
the marriage is dissolved upon death (unless the spouses renounced their rights in this regard).
According to the matrimonial regime, the surviving spouse can also claim his portion. In his marriage contract, a
spouse can legally specify gifts be made at the time of the spouse’s death. Thus, one may die without leaving a will
but via his marriage contract disposed of all assets to a designated beneficiary at death.
It is only once this division is made that the estate can be distributed and pay, if required by the court, a
compensatory allowance.
EXAMPLE
Alan wishes to ensure that his wife, Alicia, does not make a claim against his assets under provincial matrimonial
property legislation. Alicia is his second wife and Alan wants to leave his estate to his children from his first
marriage.
His estate is worth $800,000.
His lawyer advises that through his will, funded by a life insurance policy, Alan should leave Alicia $500,000, with
the notation that the legacy is to be in lieu of her rights under provincial legislation.
It can be complicated to ensure that all beneficiaries are taken care of in the manner you want them to
be. That is why it is important to ensure your wishes are spelled out completely in your will.
The professional should be aware of the kinds of properties that are included or excluded from net family property
(NFP) or family patrimony in Quebec. The treatment of some assets, most notably the matrimonial home, varies
greatly from province to province and could have a great impact on the value of an equalization claim. Further, not
all provinces allow such claims.
As a bare minimum, the professional should be familiar with his or her own province’s general provisions under
family law and should work in consultation with a lawyer.
The key is that even when there is a will, surviving dependants often have certain rights. Ignoring such rights may
leave the courts room to override the will, negatively impacting the efficiency and effectiveness of an estate plan
based on that will.
not provide adequately for them. A child includes an unborn child at the date of death or marriage breakdown and
children born outside of wedlock.
Other than the ex-married-spouse, only the parents, the married spouse and the children of the deceased can make
a support claim in Quebec.
Decisions related to the level of contribution for support can be handled with the liquidator of the estate or, at last
resort, by a Court order.
Some provinces also consider the ability of the estate to pay support.
EXAMPLE
Louis is a devout Catholic. He wants to have a clause in his will specifying that a gift to his son, Pierre, would be
forfeited if Pierre joins a particular religious order. Bryan persuaded Louis not to do this as such a discriminatory
provision would be against public policy.
Any such provisions could be challenged in court; therefore, the testator should be counselled accordingly.
The effect of an invalid or illegal condition on a gift might actually backfire.
Due to the rules and interpretation issues surrounding wills, in some cases the gift might still be made, free of the
attempted conditions.
In other cases, the gift might be cancelled because the purpose was for the promotion of illegality.
What is certain is that the challenge to the gift, and the interpretation of it, will be a very expensive procedure,
with costs almost certainly coming out of the estate. Even the use of “terror” clauses is probably ineffective in most
cases, such as declaring that beneficiaries who challenge a will are to be disinherited. These provisions are likely to
be avoided by a court determined to do so.
REVOKING A WILL
A will takes effect only upon the death of the testator. It can be revoked at any time up until death, unless the
person becomes mentally incompetent.
The most common way of revoking a will is by making a subsequent will.
The “new” will normally starts with a revocation clause such as “I hereby revoke all my former wills and codicils.”
If the newly drawn will does not revoke an earlier one, both may be valid.
Where there are areas of conflict between the two wills, such as the devolution of the residue of the estate, the
latter will prevail.
In areas where no conflict exists, such as the payment of cash legacies, both wills may be valid and the legacies set
out under both wills could be payable.
In Quebec, the latest will is usually considered to be the only valid will.
Another way of revoking a will is by deliberately destroying it. Such destruction can be done either by the testator or
in the presence and under written instructions of the testator.
EXAMPLE
Elmer left the bulk of his estate, under a formal will, to his wife, Frieda, along with a $25,000 legacy to his church (A).
A few years later, Elmer had a falling out with the church over an issue of church dogma and changed his alliance
to a new church (B).
In an angry moment, Elmer executed a holograph will in favour of Frieda but changing the $25,000 legacy to be
payable to (B).
If Elmer were to die without rectifying the error, it is possible that both wills would be held to be valid. Frieda
would still get the residue of the estate but a $25,000 legacy would be payable to each of churches A and B.
As a consequence of Elmer’s negligence in not consulting a professional for the drafting of his new will, church
A would receive a legacy that Elmer no longer wished to leave and Frieda would receive $25,000 less than he
intended.
If Elmer resided in Quebec, all else being equal, the holograph will would be valid, as it is the most recent (even if
the previous will was a notarial will).
It is important to ensure you keep your will up to date so that the beneficiaries you now favor will receive
your bequests.
By contrast, legal separation does not affect the will in most provinces. Thus, if a new will is not made and the
testator dies, the estranged spouse would inherit under the will. British Columbia is the only province where a legal
separation is viewed in the same way as a divorce for the purpose of revoking a will.
When there is a change in marital status, your client should always consider updating his or her will by revisions
through codicils or the preparation of a new will, regardless of the relevant provincial legislation. A significant
change in a person’s situation, such as a new marriage, always merits at least a review of his or her will.
Changes in the testator’s life, such as the marriage or divorce, may result in provincial laws effecting deemed
alterations or even revoking the will.
A periodic review is important so that a will reflects current, rather than past, circumstances and wishes.
CODICILS
A codicil is a legal document that can revoke, modify or add provisions to a will without having to redraft the entire
will. Codicils are attached to the will and executed and validated like a will, including being signed and dated in the
presence of at least two witnesses.
In Quebec, the codicil must respect the same conditions of validity and probate proceedings as a will.
If a will is amended many times through codicils, a new will may be best, helping to avoid potential confusion or
conflicts. Likewise, codicils are not recommended for major changes, such as the handling of the residue of the
estate. Especially in provinces in which the beneficiary receives a copy of the old will and the codicil, certain changes
are best achieved through a new will.
EXAMPLE
Ms. Thompson, an Ontario resident, had a will prepared naming her twin nieces equal beneficiaries of her sizeable
estate. Though she and Bryan had discussed it, she had never shared that information with her nieces.
Ten years later, realizing her nieces had prosperous careers and, therefore, don’t need her entire estate, she
decides to leave 50% of her assets to a medical charity, 20% to a social agency/charity and the remaining 30%
to her nieces in equal shares.
Ms. Thompson discussed this change with Bryan to determine how it should be done. Bryan described two
options and the ramifications of each:
• If she uses a codicil to make these changes, at her death her nieces will receive a copy of the original will and
the codicil and may be hurt to see that the original will was changed.
• If Ms. Thompson makes a new will instead of a codicil, the nieces will never know that there had been a
change.
To avoid hurt feelings, it may be worth the time and cost to make a new will rather than adding a codicil.
MEMORANDUMS
A testator often has a number of specific items, such as jewellery, furniture, etc., that he or she wants left to specific
family members. The makeup of this group of items, or the persons to whom they are to be left, usually changes
on a fairly regular basis over the lifetime of the testator. To try to incorporate such a large and changeable series of
bequests under a will would be costly, requiring frequent revisions or codicils.
Sometimes it is more practical for the testator to prepare a list of such objects and their beneficiaries and keep
the list filed with the will. This list is called a memorandum and it can be referenced in the will. Thus, every time
a change becomes necessary because, for example, items are added to or removed from the testator’s assets, it
becomes necessary only to revise the list and not the will itself.
In order for a memorandum to be legally binding, it must be in existence before the will is signed and then
incorporated by reference into the will.
If the memorandum happens to be handwritten, all of the issues surrounding holograph instruments may be called
into play.
However, many families will honour the wishes of the deceased regardless of the legalities since these items often
belong to the beneficiaries of the residue by law. If the testator would like to make his or her wishes legally binding,
this may be done via a codicil.
With most wills now prepared on computer, there is usually little reason not to make the changes on the original file
and reprint the amended page or even the entire will.
3 | Explain the factors to be considered when appointing executors, guardians and trustees.
SELECTING AN EXECUTOR/LIQUIDATOR
The selection of an executor/liquidator and/or trustee is not a decision that should be taken lightly. The executor
must be available and capable of handling the work involved.
Many testators unthinkingly appoint their spouse, their brother, their lawyer, etc., to act as executor/liquidator,
without giving serious consideration to the implications of the role.
The selection of an executor/liquidator is a decision your family may have to live with for years to come. The
testator can change his or her mind prior to death, but there are no opportunities for second thoughts after the
fact. Although there is a legal process by which beneficiaries can apply to replace an incompetent or untrustworthy
executor or trustee, the process is a long and expensive one.
Furthermore, an executor/liquidator may be invested with the management of hundreds of thousands of dollars’
worth of assets. Ideally, the executor/liquidator should have experience in finance, administration, investments and
taxation if he or she is to be expected to competently manage a large portfolio of assets over time.
Thus, the selection of an executor/liquidator should be made with care and consideration. After all, this may be the
person who will represent the testator and the testator’s family in financial affairs for years to come.
DESIGNATING EXECUTORS/LIQUIDATORS
CORPORATE EXECUTOR/LIQUIDATOR
A corporate executor, such as a trust company, is the best choice of trustee in many instances, particularly if the
trust assets are of significant value or if any resulting trust is expected to last for a number of years.
A corporate executor/liquidator offers all of the following advantages:
• Experience in Financial/Estate Planning—The corporate executor/liquidator is in the business of administering
estates and trusts. As an entity, it has done so thousands of times before and can bring a wealth of experience to
the process that would be impossible for any one individual to accumulate, even in a lifetime of experience.
• Continuity—The corporate executor/liquidator cannot be outlived by the beneficiaries of the estate. Trust
officers may come and go within the organization, but the trust company itself can be counted on to be there
and to provide continuity of administration. Individual executors/liquidators, on the other hand, may become
sick or die and have to be replaced by individuals who have no previous experience with the particular account
at hand.
• Attention/availability—The corporate executor/liquidator is in the business of administering estates and
trusts on a full-time basis and so is always available and able to act when it is called upon. Individual executors/
liquidators, whether lawyers, accountants or relatives, earn their living elsewhere and can only devote a small
amount of their time and attention to the tasks of estate administration.
• Impartiality—Corporate executors/liquidators and trustees are not part of the family and, for that reason, can
be called upon to administer the terms of the will the way they are intended to be carried out. They are not
beholden to anyone in family, will not be bullied by aggressive or greedy family members or in-laws, and will
not be induced to breach the terms of the trust by threats of disinheritance or loss of love. Because they are
impartial outsiders, they can be relied upon to protect the vulnerable and to do the unpopular, according to law
and as the will directs. This feature of impartiality is one of most intangible but most valuable features a trust
company can offer.
• Multi-faceted Expertise—No single person can be the ultimate expert in areas of taxation, law, investments
and estate administration, which are all skills needed by the ideal executor/liquidator. The corporate executor/
liquidator is not one individual, however. It is comprised of a network of employees, all of whom specialize in
separate areas of estate administration. In naming a corporate executor/liquidator and trustee, the testator
hires many experts for the price of one.
• Financial Security—Corporate trustees, as an entity, have “deep pockets.” If a trustee errs and costs the trust
money, he or she may be sued for the losses. However, this right of restitution may be of little value to the
beneficiaries if the trustee has no assets with which to reimburse the trust. A corporate trustee will generally
have millions of dollars in funds and be in a solid financial position to stand behind its own actions.
INDIVIDUAL EXECUTOR/LIQUIDATOR
If the estate in question is not large, its assets are not complex and any resulting trust is not expected to endure
for too many years, such as an education trust for minor children, it may be wholly appropriate for the testator to
select an individual to act as executor/liquidator and trustee.
In such a case, the prospective executor/liquidator should exhibit many of the following characteristics:
• Be of an age and state of health that he or she would be likely to outlive the duration of the estate
• Have general expertise in finance, taxation and investments
• Be reliable and available
• Have personal knowledge of the wishes of the testator and the personalities and needs of the beneficiaries
MULTIPLE EXECUTORS/LIQUIDATORS
It is sometimes appropriate to appoint more than one executor/liquidator. This could be done to take advantage of
the different skills that different individuals may bring to the task or to ensure that the executors/liquidator bring a
blend of the objective and the subjective to the task at hand.
In Quebec, when there is more than one liquidator, they must all agree unanimously unless it is stated otherwise in
the will.
ALTERNATIVE EXECUTORS/LIQUIDATORS
Wills should designate an individual or a qualified company, such as a trust company, to be an executor/liquidator
for the estate. Substitute or alternate executors/liquidators are also generally specified.
If an alternate is not specified and the executor dies before the decedent’s estate has been fully administered, the
executor’s executor is automatically appointed. Also, without an alternate, if the executor named predeceases the
testator or does not wish to serve, the court will appoint an administrator for the testator’s estate.
In Quebec, if the liquidator dies and no alternate liquidator has been assigned, the heirs of the testator will appoint
a substitute or ultimately the appointment will be made by the court.
EXAMPLE
Dimitri’s brother, who is terminally ill, wishes him to act as executor of his estate. Dimitri’s brother is the sole
owner of a factory that is involved in serious environmental disputes with the province because of the factory’s
disposal of caustic chemicals in a nearby river.
Dimitri discusses it with Bryan before accepting the appointment because he is concerned about the personal risk
that he might assume as executor. In addition, he also realizes how time consuming it might be.
Accepting the appointment as executor is an important decision and you should ensure that there are no
conflicts of interest and that you have the time needed to devote to this responsibility.
Most corporate executors refuse to become involved in an estate that has assets with any connection to certain
industries due to environmental liability concerns.
DIVE DEEPER
Click on the Job Aid link to review the Duties of an Executor Job Aid.
DESIGNATING TRUSTEES
If a trust is set up based on the provisions of a will, trustees, as well as alternate trustees, should be designated.
In most cases, the trustee can be the same person as the executor, or the spouse or guardian, depending upon the
situation.
EXAMPLE
Johann, a widower, is leaving his estate in equal shares for the benefit of his three children, two daughters and a
son. He has named his lawyer as his executor.
Johann is concerned because his son is mentally challenged and unable to manage his own financial affairs.
He looks to Bryan for guidance. Bryan suggests that Johann provide in his will that his son’s one-third share of the
estate be transferred to a trust on his behalf and name his daughters, not his lawyer, as the trustees.
There will be times when a trust will need to be established for a beneficiary who is a minor or mentally
or physically challenged.
If assets are left to minor children and no trustee is named, the court will appoint a public trustee to administer the
funds until the children reach the age of majority.
The surviving parent has no automatic legal right to administer the child’s inheritance. This may be difficult for the
surviving parent or guardian, who then has to make a formal application to the court when money is needed for
raising the children. However, the surviving parent or any other responsible party may apply to be appointed as
guardian of the property of the minor or incapable, as the case may be.
In the province of Quebec, if no trustee is appointed, the tutor will be responsible for the administration of the
legacy until the minor reaches the age of majority. The surviving parent has an automatic right to act as tutor for his
children. Other rules in the Civil Code provide for the appointment of an alternate tutor.
INTESTACY
There are many reasons why a person may be considered to have died intestate (died without a will):
• He or she may have never made out any sort of will.
• He or she may have a conventional or formal will which was improperly signed or witnessed.
• He or she may have had a will which has been revoked, deliberately or unknowingly.
• He or she may have a form of will which is not valid in the jurisdiction where he or she dies (and resides at
that time).
• He or she may have a will worded so that it does not effectively dispose of all property.
• He or she may have a will, but the beneficiary may have predeceased, and the will makes no provision for
that eventuality.
• In some rare circumstances, a will may be traced to a client’s possession but cannot be found and a presumption
of revocation may be applied.
• Assets which pass automatically to a designated beneficiary, such as life insurance proceeds or registered
plans, are not directly affected by intestacy. However, if the named beneficiary has predeceased, then in most
situations, unless an alternate or contingent beneficiary has been named, the property will revert to the estate
of the property owner and be governed by the intestacy.
deceased passes automatically to the desired beneficiary without a will, isn’t it hard to argue that dying intestate is
a tragedy?
However, for many other people, an intestacy does represent a disaster to those left behind:
• The desired beneficiaries may not inherit
• Messes are created that could easily be avoided
• Tax may become payable earlier than need be
Father
Mother
Brother or sister
If there are no next of kin at all, a provincial government office may apply to administer the estate.
In some cases, even creditors may apply to be appointed, in order that steps are taken to get the estate wound up.
Another problem with intestate estates is that there may be several parties who each have an equal right to be
appointed. For example, if there are five children, all of them would rank equally to apply to the court. This means
that there is a possibility that they all be appointed together. Having all five-take office would probably result in a
difficult situation from a logistical perspective; for example, unanimity of action, including five signatures, would be
required on everything. Furthermore, the chances of conflict arising would be very substantial.
Once appointed, an administrator may employ an alternative such as a trust company to act in the capacity of an
agent. This is often done if there are substantial assets, or real estate, that require professional management.
PROBATE
Probate is the legal process by which the courts confirm a person’s will to be his or her valid last will and testament.
In the process, probating a will also validates the authority of the executor.
Wills that have been properly signed and witnessed, assuming they were prepared by mentally competent
individuals, are valid without Letters Probate if they have not been revoked by a later will.
However, financial institutions have no way of knowing if any particular document is the last will, even if the person
presenting it believes that to be the case. For this reason, financial institutions are usually very reluctant to turn
assets over to an executor named in a will unless there is some extra affirmation of the validity of the document
being presented.
Thus, while a proper will is valid without any further formality, many wills are subject to being probated so that third
parties will rely upon them and release assets to the named executor.
In Quebec:
In common language, the term “homologation” may be heard across the board but the precise one is also probate
in English.
One should note that the legal terminology of the Civil Code creates a difference between probate (“verification” in
French) and homologation. The term “homologation” (in English and in French) is used when referring to mandates
i.e. the process by which the mandator’s incapacity is recognized and mandates given in anticipation of the
mandator’s incapacity are validated).
The main purposes of probate in the province of Quebec is to:
• Determine that a will appears to be the last one and that its form is valid;
• Make the will public by filing it in the court archives;
• Obtain certified true copies of the original.
LETTERS PROBATE
Once the fair market value of an estate has been reasonably ascertained, the executor or liquidator must apply
either personally or through a lawyer for Letters Probate from the appropriate court in the relevant jurisdiction.
Letters Probate are not required for a notarial will.
This is basically a court order declaring who the executor is and that the will is the effective one.
Letters Probate, sometimes referred to as a Certificate of Appointment of Estate Trustee, are perceived to
validate the will and, therefore, give the executor authority and control over an estate’s assets and liabilities, so that
he or she may administer the estate.
The Application for Probate takes the form of a sworn document reciting necessary details about the deceased and
the estate, justifying the court in granting Letters Probate to the applicant.
It contains assurances to the court that a diligent search has been made for a later will or codicil and that the
applicant is sure there are none. This search can be a time-consuming one, especially in jurisdictions where
holograph documents are permitted.
Debts of the estate other than mortgages on real estate are not deductible in computing probate fees.
Estates, like will makers, can be insolvent or bankrupt. Even insolvent estates might appear to be liable for
substantial probate fees. However, since there would be no funds to be recovered by the beneficiaries, it is unlikely
that any executors who are beneficiaries will take out Letters Probate in such cases.
Probate is an old legal word meaning “proof,” and Letters Probate are simply proof, from a court, that a will is the
last will.
In the case of a holograph will, a sworn statement (or affidavit) by a legally competent person attesting to the
authenticity of the handwriting and signature of the deceased must also be provided.
The competent person called on to attest to the authenticity of the handwriting and signature of the deceased
cannot be an heir.
For a will made before witnesses, a sworn statement must be submitted by one of the two witnesses having
countersigned the will to the effect that the matter was made in accordance with the law.
Once the will has been probated, the court clerk of the Superior Court keeps the original and hands a certified copy
to the applicant. From this point on, the liquidator can begin managing the succession.
Similar requirements and statements will be needed where the probate process is handled by a notary rather than
by the court. A certified copy of the will and statements will also be kept by the clerk of the Superior Court.
In other words, even in situations where Letters Probate are not a legal requirement for transfer of an asset at the
instruction of the executor, probate may be a practical requirement on the part of the issuer of the asset.
For example, many banks will require probate, even in jurisdictions where it is not a legal requirement, before they
will release funds on deposit in an account or term deposit, RRSP, etc.
The reason that most issuers of assets require probate is that they want to ensure that any instructions they are
given with respect to a deceased client’s assets are being issued by the legally valid representative of the deceased.
If a bank were to pay out money to the presumed executor of an unprobated will, and it later turned out that the
will was held not to be valid, the bank could be held liable to the ultimate beneficiaries of the estate for the funds
that it had wrongly disbursed.
Unfortunately, even if only one estate asset requires probate, the inventory submitted to the probate court
must include all assets which pass through the estate, and it is this aggregate value upon which probate fees are
calculated.
As a consequence, in situations where the probate and legal fees incurred in probating the will exceed the value
of the asset requiring probate, it might be prudent to simply forgo an estate asset if it is the sole asset requiring
probate.
EXAMPLE
Miguel’s estate is worth $200,000, but most of it is personal property (jewellery, art, etc.) and shares in his
family’s private business. He also owns $2,000 in shares of a public company.
Miguel’s domicile at the time of his death will be Ontario.
If Miguel’s executor were to probate his will in order to be able to liquidate the public shares, the probate fees
charged on the full estate ($2,500) would be greater than the value of the shares ($2,000).
In such a case, the estate would lose $500 by probating the will versus simply not bothering to liquidate the
shares. This is assuming the will contained the authority permitting the executor to abandon certain assets not
worth collecting.
In some cases, where the estate assets are all in the form of cash or personal effects, or the assets are
all issued by other family members (for example, shares of a private business), it may not be strictly
necessary for the executor to probate the will.
Where a will has been probated, if a valid will later turns up and it turns out that Letters Probate have been granted
in error, they will be called back in by the court and new Letters Probate granted. In this case, financial institutions
and others who dealt with the erroneous Letters are protected from liability since they acted under the authority
and protection of a court order.
Probate allows the court to determine that it is truly the last will and testament of the deceased.
In Quebec, a holograph will or a will made in the presence of witnesses must be probated following the testator’s
death by the Superior Court or by a notary. Probate allows the court to determine that it is truly the last will and
testament of the deceased. This procedure is not required for a notarized will.
PROBATE OF CODICILS
When changes have been made to the initial will by means of a codicil and the latter is in the hand of the testator or
made before witnesses, the modifications must also be probated.
PROBATE FEES
In theory, probate fees are a tariff charged by the provincial courts to reimburse them for the administrative costs
incurred in probating a will. The fees are paid out of the assets of the estate.
EXAMPLE
Marguerite died owning a $200,000 house with a $50,000 mortgage and $20,000 in Canada Savings Bonds, and
owing $10,000 on her credit accounts.
The probate value of her assets would be $170,000 ($200,000, plus $20,000, less the $50,000 mortgage).
In many provinces, the probate fees charged on a large estate will be significantly greater than the fees
charged on a smaller estate, even though the amount of administrative expense incurred by the courts in
either case may be virtually identical.
Because in many cases the probate fees charged are well in excess of the actual cost of the administrative process
involved, they are often seen as a form of hidden death tax.
Additionally, since probate fees can vary so dramatically from province to province for the same value of estate,
probate fees are often seen to be inequitable, in addition to being excessive.
For example, a one-million-dollar estate would attract probate fees of $14,500 in Ontario and only $7,000 in
Manitoba.
WILLS
Here are four types of wills:
1. Holograph
2. Conventional or formal or made in the presence of witnesses
3. Notarial
4. International
Establishing domicile is a legal requirement for the formal validity of a will and is governed by either the place where
the will is made or where the testator is domiciled, if different.
Testamentary freedom is the freedom to will property away. Some things to consider include:
• Testamentary capacity and undue influence
• Family law and dependants relief claims
• Rights of dependants other than the spouse
• Public policy
A will can be revoked at any time up until death. There are many events which should prompt a testator to review
and revise their will. Rather than rewriting it, codicils and memoranda may be added.
The decision of who or what to appoint as executors/liquidators and guardians should not be taken lightly.
There are many reasons why a person would die intestate. Writing a will ensures that your property and assets are
distributed as you would have wanted.
As the average life span of Canadians increases, it follows that more Canadians are living to ages where, due to
physical and/or mental incapacities, they are unable to look after their financial or personal affairs. Therefore,
incapacity planning has become a more important part of estate planning.
The certainty of death is the motivating factor behind most, if not all, estate planning. Mental or physical incapacity,
while not a certainty, may nevertheless have serious and expensive consequences for an individual who has neither
anticipated nor planned for it. As a result, planning for a power of attorney or other methods of appointing
substitute decision makers may be as important to your clients as making a will.
When you learn about how a power of attorney works, you can provide your clients with the information they need
to ensure that their spouses and dependants are not left without control of assets during the period of incapacity.
EXAMPLE
In January, Morris, who is single, owned 10,000 shares of a high tech computer support company, which he had
bought a year earlier for $10 a share and were now worth about $250 a share.
During their discussions, Bryan had Morris execute an enduring power of attorney appointing his brother.
As a new millionaire, Morris contracted for a new home for $700,000 and fulfilled his dream of owning a vintage
Harley-Davidson motorcycle.
Unfortunately, Morris’s driving skills did not match his investment prowess and he was soon involved in an
accident that left him in a coma for six weeks.
If Morris didn’t have a power of attorney in place, his brother would have had to apply to the courts to get
permission to deal with his financial portfolio.
The value of Morris’s stock dropped from $250.00 a share to $60.00 a share. If there was no power of attorney,
Morris would have awoken from his coma to find that not only was he no longer a millionaire, but he didn’t even
have enough money left to pay for his new house.
INCAPACITY
Although the technical definition of incapacity varies slightly from province to province, as a general rule a person
is considered mentally incapacitated if he or she is unable, by reason of mental infirmity, to solely manage his or her
affairs, including financial affairs.
While clients may suppose that mental incapacity is the only situation to be managed through power of attorney,
there are, in fact, a whole host of intervening physical situations, ranging from a broken leg to being absent from the
country on vacation, that can be facilitated with a power of attorney. These are very flexible documents that can be
tailored to aid in many diverse situations.
7 | Describe the rules and uses for powers of attorney for property and mandates.
A power of attorney (also called mandate in Qc) is a document in which a person (the grantor/donor/ mandator
in Qc) gives written authority to a named individual(s) or a corporation (the attorney/donee/mandatary in Qc)
to act on behalf of the donor. With a power of attorney, the attorney has the legal power to make decisions and
to perform all actions – or only a certain type of action – on behalf of the grantor. Property, in this connotation,
includes not just real estate but any assets that the individual might own, such as securities, bank accounts,
furniture or jewellery.
Powers of attorney for property vary from province to province and from state to state. Accordingly, clients with
assets in more than one jurisdiction should be counselled to consult with lawyers in those jurisdictions to ensure
that appropriate substitute decision mechanisms are in place.
The mandate allows a person in full capacity, the mandator, to entrust another, the mandatary, administer her
assets or to represent her in her absence, or for any other circumstances.
This mandate is effective upon signature and loses validity if and when the mandator loses capacity.
In a protection mandate, the mandator can appoint a mandatary to care for her and/or administer her assets should
the mandator become incapable of doing so. The protection mandate is made by a notarial act or in the presence of
two witnesses.
The protection mandate will take effect only upon the mandator’s incapacity and will be effective only after review
by the court in a procedure named homologation. The purpose of the homologation procedure is to ascertain the
incapacity of the mandator and the validity of the mandate.
For ease of reading, the term power of attorney will be used throughout this section and will normally include the
different types of powers of attorney and mandates.
In Ontario, for example, unless the relevant power of attorney is expressly restricted, an attorney is legally capable
of doing anything on behalf of the incapacitated individual, assuming it is for the benefit of the individual or the
individual’s dependants, other than making or changing the individual’s will.
In Quebec, the contents of the mandate depend on the wishes of the mandator. A mandatary can be appointed
to take care of the property or the person, or both in case of incapacity. The mandate may be general or specific.
Therefore, the mandatary may administer all the property or simply follow a list of what is to be administered or
done.
While this broad language is used in the law, there is actually still an open question about whether or not powers
of attorney can make or change beneficiary designations on registered plans and life insurance policies. Because of
some cases in other jurisdictions, which held that such designations were very close to making a will, the current
position of life insurance companies generally is that a power of attorney may not affect beneficiary designations.
While the documents themselves are quite simple, the effects that powers of attorney may have are quite
significant. Unfortunately, financial abuse by powers of attorney is increasingly common, and it should not be
assumed that everyone has suitable circumstances for the appointment of a substitute decision maker by using a
power of attorney.
Clients should be encouraged to seek legal advice before executing powers of attorney. In some provinces, the
execution of even a bank form of power of attorney can accidentally revoke earlier so-called general powers of
attorney.
In essence, most of the considerations that go into the selection of an attorney are the same as those for an
executor. In fact, acting as a substitute is probably harder. Since most attorneys are close family or friends, the
opportunity for painful and destructive conflict is immense.
Furthermore, it is often very unclear whether an injured or ill person will return home from hospital and, therefore,
the attorney is often placed the difficult position of making important decisions, such as whether or not to sell the
grantor’s home.
EXAMPLE
Sid is a Canadian “snowbird” and vacations every winter in Florida. Since he is out of the country, Bryan
recommends that he authorize his attorney at home to deal with the anticipated sale of his house in Toronto and
no other matters until May 1, Sid’s expected return date.
If you are out of town, it may be a good idea to have a local power of attorney appointed to take care of
specific matters for you.
EXAMPLE
Abdul is going on a Caribbean vacation for three months. Bryan suggests that Abdul draft a power of attorney for
January 1 to March 31, the time he will be away.
Abdul grants his brother, Hanif, power of attorney over his bank accounts only.
Discretion regarding trading in Abdul’s brokerage account is left to Bryan.
An attorney may resign by applying to a court or may be asked to resign by the court if a public trustee or someone
with an interest in the estate applies to the court for such a request.
In such a case, the attorney would be replaced by any alternate attorney named in the PA (if any) or by a committee
appointed by the courts.
The grantor of a PA, if competent, can revoke the document and cancel the authority of the attorney at any time, by
written notification.
In Quebec, a mandatary for a protection mandate cannot resign from his or her duties as per the mandate without
having found a replacement mandatary. Otherwise, before relinquishing his or her responsibilities, the mandatary
must first apply for the institution of protective supervision. For example, the mandatary could ask the Public
Curator to act as a substitute.
For a mandate, the mandatary need only advise the mandator of his resignation.
In Quebec, in the event of the mandator’s incapacity, the mandatary becomes accountable to the heirs at the end of
his or her administration. He or she is not subject to a periodic accounting to the Public Curator.
It is often a good idea to indicate in the mandate that the mandatary be held accountable to a third party.
DECLARATION OF INCAPACITY
A power of attorney or mandate usually takes effect immediately when it is executed. Normally, the attorney does
not exercise his or her authority except in the event of the incapacity of the grantor.
Some powers of attorney are drafted in such a way that the power of attorney comes into effect, granting the
authority of the attorney to act, only upon the declaration of incapacity. Such a declaration is to be made by an
independent person, such as a family doctor named in the power of attorney. Third parties are able to accept the
power of attorney upon receipt of this declaration.
In Quebec, two conditions must be fulfilled for a protection mandate to be executed:
• The mandator must be incapable of taking care of herself or of administering her property.
• The mandatary must have the mandate homologated in court.
A medical evaluation and a psycho-social evaluation are required to obtain homologation.
8 | Describe the rules and uses for powers of attorney for personal care.
Within the last few years, many provinces have passed legislation that enables individuals to appoint other persons
to make personal care decisions for them when they are no longer capable of making such decisions for themselves.
Such documents are a special form of power of attorney and are sometimes called powers of attorney for personal
care.
Such vague language as “no heroic measures should be taken to preserve life” should not be used because it raises
confusion as to the standard by which a heroic measure is judged.
Treating someone against their express wishes is the common law tort of battery, roughly equivalent to the criminal
charge of assault. Advance Directives attempt to record for future use the types of treatment that would, or would
not, be acceptable under various scenarios.
It would then be the job of the power of attorney for personal care to try to ensure those directives were carried out,
assuming the patient was no longer capable of making his or her own decisions.
EXAMPLE
Tim, a 90-year-old severely ill man in a coma after a massive stroke, contracts pneumonia. Bryan had suggested
that Tim grant his son, Leo, power of attorney over his personal care and health care decisions. Bryan had also
recommended he complete an advance care directive specifying that treatment other than for comfort should be
withheld should he lapse into such an irreversible coma.
As a result, with Leo’s concurrence, Tim will not be given antibiotics to fight the pneumonia but will be kept
comfortably sedated and allowed to die a peaceful death.
Establishing a power of attorney over personal care and health care decisions or a protection mandate
ensures that the person’s wishes will be carried out when they are no longer able to communicate due to
illness or an accident.
POWERS OF ATTORNEY:
Powers of attorney, including (in Quebec) mandates and protection mandates, may be granted over:
• the person’s property
• personal care
There are different levels of power that can be allocated as well as different time frames that can be specified.
CHAPTER OUTLINE
Please note that advisors have to be careful when giving advice or direction in matters of insurance. Without
holding proper licenses and/or certifications from the relevant regulatory body, their ability to give advice in
matters of insurance is restricted.
4 | Describe how the life insurance industry is The Life Insurance Industry
regulated.
6 | Assess a client’s life insurance needs. Understanding a Client’s Life Insurance Needs
KEY TERMS
The Key Terms list targets some significant concepts covered in the textbook. Key terms appear
in bold text in each chapter to help you focus your study efforts on these important topics.
INTRODUCTION
Risk management is a fundamental element of financial planning. The goal of risk management is to minimize the
potential cost of risks that we all face by managing risk in the most efficient way possible.
If you are able to evaluate potential risks, you will be able to save your clients from the impact of these risks on their
current and future financial security.
You will want to have the necessary knowledge to be able to assist your clients in developing a risk
management plan.
Life insurance is a tool that can be used to manage the financial risk associated with an uncontrollable event
such as death.
Life insurance is a way of sharing the losses of a few people among many people through risk pooling. Many people
facing a similar risk each pay a small premium. The pooled funds are then used to compensate the few who have
contributed who actually suffer a financial loss.
In addition to the emotional anguish that accompanies the death of a family member, there is an immediate need
to pay the bills associated with death.
As an advisor you play an important role in providing guidance for your clients. You will have to be able to review a
client’s needs and to provide information on the various life insurance options and plans available to them.
DEFINING RISK
The definition of risk relating to financial planning is “uncertainty concerning losses.” Risk represents the
uncertainty, not the loss itself.
Risk can affect a person’s financial security and well-being.
Sub-Category Description
Pure Risk Involves only the possibility of loss. Profit is not a possible outcome.
Subjective Risk Amount of pure risk that either an individual or company will assume.
Objective Risk The variance between anticipated losses and actual losses.
Insurance companies are in the business of insuring pure risks. Speculative risks are usually not insurable and other
risk management techniques must be used.
DETERMINING RISK
An expected loss can be estimated in advance, usually by employing historical statistical data. One example is
mortality tables, which estimate the number of deaths per thousand annually among a population.
With insurance policies, the cost of the premiums increase, in relation to subjective and objective risk.
Description Examples
Hazard is the condition that creates or increases the chance • Driving a car with bald tires
of occurrence or the severity of loss when it does occur. • Storing combustibles in a home
EXAMPLE
An example of pure risk is:
Donna and Frank own a cottage on the banks of the Red River. Last year, their property suffered extensive
damage when flood waters broke the sand bag barriers built up around the property. Donna and Frank were
devastated and suffered a great personal loss.
An example of speculative risk is:
Tom purchased 100 shares of Tomahawk Industries. After Tomahawk Industries announced a loss of several
million dollars in profit, the shares plummeted several dollars per share in value. If Tom were to sell the shares
now, he would suffer a loss.
The following quarter, Tomahawk Industries makes a profit. As a result, the shares increase in value. If Tom were
to sell the shares now, he would make a profit.
A loss is:
Supportable Unsupportable
If it does not affect an individual’s standard of living or If it does seriously affect an individual’s standard of
financial assets. living or financial assets.
Different risks may be of concern to different clients. For example, damage to household goods may be of
primary concern to new homeowner, while the loss of expensive art work may be more of a concern to a wealthy
homeowner.
EXAMPLE
Marjorie and Brent are newly married. They want to ensure that they are well protected from any risks that may
threaten their lifestyle and financial assets.
Brent has a family history of heart problems. If Brent were to get sick or die, Marjorie would not be able to
adequately support herself and could potentially lose the house.
After reviewing Marjorie and Brent’s insurance portfolio, Bryan suggests Brent take out a disability policy, if he is
insurable. Should Brent suffer heart problems, the policy would provide Marjorie and Brent with supplementary
income.
MANAGING RISK
Loss Avoidance Not exposing one’s self to a The loss of capital due to a stock market crash
particular risk can be avoided by investing in guaranteed term
deposits rather than in equities.
Loss Prevention Aims at reducing the frequency of The risk of loss due to a fire at a factory can be
loss while continuing to engage in prevented if flammable materials are stored away
the activity from an open flame.
Loss Reduction Aims at reducing the severity of a The risk of loss due to a fire can be reduced if a
loss once it has been incurred sprinkler system is installed. The sprinklers should
quickly put out the fire and significantly reduce
the amount of damage caused by the fire.
RISK TRANSFER
Risk transfer involves shifting the cost of the potential loss arising from the risk to a third party.
Risk transfer techniques that may be employed include:
Insurance Non-insurance
Insurance reduces risk through Unwanted risks can be transferred by contracts.
pooling.
One example is to transfer the risk of a defective refrigerator by purchasing
It is effected by means of a a service contract that makes the retailer responsible for all repairs after
policy contract that transfers the the warranty expires.
financial consequences of pure
Another example is to transfer risk by incorporation of a business. By
risk to the insurer, in return for the
incorporating, the liability of the owners is limited and the risk of having
premiums paid.
insufficient assets to pay business debts is shifted to the creditors.
The following chart explains active and passive risk retention further:
Active The client is aware of the risk and A car owner with an older, low-value vehicle
deliberately plans to retain all or part retains the risk of loss by choosing not to
of it insure it against collision damage.
Passive Unknowingly retaining risks because Not realizing that his boat is not covered
of ignorance, indifference or under his homeowner’s policy, a man fails to
carelessness insure it against loss.
EXAMPLE
The following is an example of active risk retention:
Paul owns and drives a 13-year-old car with a market value of only $4,800. He insures the car for third party
liability. Paul does not take out collision coverage, as he feels that the value of the vehicle doesn’t justify the
additional premium cost. If Paul is in an accident, he will absorb the loss himself.
Most insurance policies have a minimum amount of loss called a deductible that must be borne by
the insured before the insurer becomes liable for payment under the terms of the contract. The insurer
subtracts the deductible amount from any loss claimed.
If the deductible is $500, and the insured is making a claim for $3,000 worth of loses, the insurance
company will only pay out $2,500. The insured is responsible for the first $500.
This provision can reduce the insurance premium quite a bit. It relieves the insurance company from the
administration and payout of many small claims.
VINCE ASKS BRYAN, “I WANT TO MAKE SURE THAT MY WIFE AND FUTURE CHILDREN ARE
PROTECTED IN THE EVENT THAT I DIE SUDDENLY WHILE TRAVELLING OR IF I BECOME DISABLED
AND UNABLE TO WORK.”
“THERE ARE SEVERAL THINGS THAT YOU COULD DO TO PROTECT YOURSELF AND YOUR FAMILY,”
RESPONDS BRYAN. “ONE WAY TO TRANSFER THE RISK OF LOSS TO SOMEONE ELSE IS TO
PURCHASE A LIFE INSURANCE POLICY WITH ADDITIONAL ACCIDENTAL INSURANCE COVERAGE.
ANOTHER SUGGESTION IS TO TAKE OUT A DISABILITY INSURANCE POLICY TO ENSURE THERE IS
ADDITIONAL INCOME IN THE EVENT YOU ARE UNABLE TO WORK.”
“THOSE ARE GOOD SUGGESTIONS,” VINCE ANSWERS. “I AM ALSO WORRIED ABOUT WHAT
WOULD HAPPEN IF I WERE TO LOSE MY JOB. WE WOULD HAVE A HARD TIME MAKING ENDS MEET.
I’M NOT SURE THAT WE WOULD BE ABLE TO PAY ALL OF OUR MONTHLY BILLS ON TIME, AND WE
MIGHT HAVE TO SELL THE HOUSE.”
BRYAN REPLIES, “I CAN SEE WHY YOU WOULD BE CONCERNED ABOUT THIS. WHAT I WOULD
SUGGEST IS TO START SAVING TOWARD AN EMERGENCY FUND EQUAL AT LEAST THREE TO
SIX MONTHS’ LIVING EXPENSES FOR UNEXPECTED OCCURRENCES SUCH AS A JOB LOSS. THIS
WOULD GIVE YOU TIME TO FIND A JOB WITHOUT DEFAULTING ON OBLIGATIONS WHILE YOU ARE
NOT WORKING.”
“THIS DEPENDS ON YOUR TOLERANCE FOR RISK, AND YOUR INVESTMENT OBJECTIVES. IF YOU
ARE CONCERNED ABOUT THE RISKS ASSOCIATED WITH OWNING EQUITIES, THEN YES. LET’S
SET UP ANOTHER APPOINTMENT AND TAKE ANOTHER LOOK AT YOUR PORTFOLIO,” BRYAN
ANSWERS.
Vince is satisfied with Bryan’s suggestions and advice and makes another appointment to
see him next week.
TYPES OF RISK
There are several types of risks that a client may face, including:
• Personal
• Property
• Legal liability
• Other risks
As an advisor, it is important for you to know the risks your clients could face and how these risks could affect them
financially. Being able to discuss with a client how they can protect themselves from risk in their financial plan will
help to increase their confidence in the advice you provide to them.
PERSONAL RISK
PERSONAL RISK
Personal risk directly affects a client. It includes possibilities such as losing or facing a reduction of earned income
or incurring extra expenses.
There are three major types of personal risks, which include:
Health Risk of illness or disability, resulting in high medical expenses and the loss of earned
income.
Without a sufficient income or benefits paid from health or disability insurance, it may
be impossible to meet expenses.
Phase Description
1. Readjustment A normal readjustment period to recover from emotional shock is one to two years.
The family may need additional financial support while adjusting to a change in lifestyle.
Phase Description
3. Survivor Life The period after the youngest child reaches age 18 is critical.
Income Needs
The survivor may have been out of the workforce for many years and may find re-
entering the work force difficult.
It may be necessary to plan for life-long income for the survivor, including support prior
to and during retirement.
EXAMPLE
Helga and Helmut Fischer wish they had planned for possible future risks while they were younger and healthy.
Helmut suddenly became ill at the age of 45.
Helmut has a long-term disability plan as a work benefit, but does not have additional disability or life insurance
coverage. Helga is a homemaker and is not currently working. Helga and Helmut own their own home. They have
a small amount of savings and some money in an RRSP.
If Helmut is sick for a long period of time or dies, some of the challenges the Fischers could face are:
• Exhausting their savings very quickly
• Having to re-mortgage or sell their home
• Cashing in their RRSP and reducing the funds available at retirement
• Helmut being unable to qualify for most life and disability insurance policies
• Helga having to return to work while the children are still in school
PROPERTY RISK
RISKS ARE ASSOCIATED WITH OWNING PROPERTY
People who own property are exposed to the risk of having their property lost, damaged or destroyed.
Two major types of financial losses associated with the destruction or theft of property are direct and indirect
losses. They are explained in the chart below:
Direct Loss Loss resulting from the physical damage, Jane owns a rental condominium at a
destruction or theft of a property. ski resort. If the building is damaged by
a major fire, the physical damage to the
property is a direct loss.
Indirect (Consequential) Loss resulting from the consequence With Jane’s condominium fire, the loss
Loss of the physical damage, destruction or of her rental income, while the building
theft of a property. is being rebuilt, is an indirect loss.
The client should be made aware that risk of loss or damage to a property from a natural disaster may
not be covered in a standard property insurance plan.
Clients should be advised to read their insurance contracts carefully. The inclusions and exclusions are
often very numerous and can result in unexpected and unpleasant surprises at claim time.
The indemnity is based on the value of the The indemnity is based on the lost or destroyed articles being
replacement or repair of the articles in the replaced with comparable new items. There is no deduction for
condition they were in when they were lost the depreciation in value caused by use of the originals.
or damaged.
Replacement value coverage requires a higher premium but can
This is the standard policy. save the policy owner thousands of dollars at time of claim.
EXAMPLE
Jean lives in an apartment in downtown Montreal. A fire in the unit above Jean’s resulted in structural damage to
the ceiling of his apartment and water damage to its interior and furnishings. The physical damage suffered is a
direct loss.
While repairs were being completed, Jean had to live in a hotel and eat all of his meals at restaurants. The
additional expenses incurred as a result of the fire were over $4,000. These costs represent an indirect loss.
PERSONAL LIABILITY
Personal liability refers to the liability associated with negligence causing bodily injury or property damage to
someone else.
Liability may also arise from business pursuits and professional services. A recent area of expanding personal liability
is in the provision of director’s and officer’s services to organizations.
The nature of personal liability may involve substantial litigation with high legal costs and large claims that can
erode a client’s wealth.
EXAMPLE
Joe has a home office, where he prepares personal and corporate income tax returns for business clients.
Mary, an oral surgeon, slips on Joe’s icy front steps while on her way to an appointment with Joe. As a result of
the fall, Mary sustains serious, permanent back injuries and is forced to give up her practice.
Mary has disability insurance, but it only replaces 50% of her $200,000 annual net income. Mary is only 32 and
had a working life in front of her of at least 25 more years.
She sues Joe for negligence, in the amount of $6,000,000 for loss of income alone.
If Joe loses the lawsuit, he could lose his home, his car, his investments, and a significant portion of his annual
income.
Liability The personal risk is the potential cost related to any action or claim arising out of
alleged negligent ownership or operation of a vehicle.
Medical Costs Costs arising out of bodily injury due to an automobile accident can be substantial.
Costs may include surgical, dental, x-ray, home-care and funeral expenses.
As an advisor, you should be aware that some provinces have a no-fault insurance system for public
liability insurance on automobiles. In these provinces, the owner must choose an adequate coverage
plan for all possible losses suffered, since it is not possible to sue another driver, no matter how serious
the other party’s negligence may have been.
Some other provinces have a limited no-fault insurance that allows lawsuits against those who caused
accidents only when the personal injuries are severe or fatal. The mandatory accident benefits coverage,
payable without proving fault, provides immediate payment for the owner, passengers or any injured
pedestrians.
The minimum amount of automobile insurance required will vary from province to province, though
most clients will purchase more than the minimum amount.
Your client’s automobile coverage should be reviewed annually to ensure the coverage is adequate.
Pre-existing Conditions These are conditions that are known about prior to application for
coverage. An example would be an existing heart condition.
Ongoing or Elective Treatments This could include treatments such as dialysis or a magnetic
resonance imaging (MRI.)
Hazardous Activity Injuries Activities could include sports such as scuba diving or parasailing.
Many of the expenses covered by most travel insurance policies are covered on a reimbursement
basis only. The insured must pay for the expenses when and where they are incurred and then seek
reimbursement upon returning to Canada.
Therefore, clients should always carry a credit limit sufficient to deal with such contingencies.
EXAMPLE
Abby is taking a one-year sabbatical from her job and wants to travel to Asia.
A good friend, Molly, was overseas recently and tells Abby about her experience travelling to Thailand. When
Molly arrived in Bangkok, her luggage did not arrive with her. After speaking to the airline, Molly found out she
would be reimbursed up to a maximum of $100 only if the luggage could not be located. The cost to replace the
contents would be considerably more.
Two weeks after Molly’s arrival in Thailand, she suffered food poisoning and needed to be hospitalized. Molly
figured her provincial health plan would cover any of her medical costs. Molly was told she would have to pay for
any medical costs upfront and would only be refunded for a portion of the cost incurred. Molly had her mother
wire over the necessary funds to pay the hospital.
While Molly was away her garage was broken into and her car stolen. Luckily she had adequate insurance on her
car to cover the cost of replacing her car and to repair the damaged garage door.
Molly advises Abby to speak to a representative at her financial institution about the various provisions offered
through travel insurance policies and to purchase a policy that would be the most suitable for her trip.
As an advisor, you will need to be able to discuss possible risk factors and determine which ones may have an
impact on a client’s life. A risk management plan should be put into place to help minimize any consequences
suffered from potential risks.
Consideration should be given to:
• Personal risks such as premature death, aging and retirement and health
• Property risks suffered including direct and indirect losses
• Legal liability risks where individuals can be held legally liable for an act that results in bodily injury or property
damage to someone else
• Other sources of risk including owning or using an automobile, injury or illness while one is traveling and loss of
employment
Poor health What would happen if her health Purchase a disability insurance policy which
deteriorated and she was unable to will supplement Livy’s income. She may have
work? to pay a higher premium because of her
health condition, but it will be worth the cost.
Premature death What if she was to die unexpectedly? If Livy is insurable, purchase a life insurance
Would there be sufficient funds to policy to cover funeral costs and to provide
provide for her son until he graduates the necessary funds for her son if she were to
from university? die.
Safety of pool Could the neighbor’s children come in Ensure that the pool is adequately fenced in.
harm’s way? Check that Livy’s home insurance policy has
liability insurance.
Home ownership Would she be able to afford to rebuild or Ensure that Livy’s home insurance policy has a
buy another house if there was a fire? replacement provision.
After Livy’s discussion with Bryan, she feels she is doing everything she can to minimize future potential risks. Livy
feels it was worth her time to come up with a risk management plan.
The insurance industry is regulated on both the federal and the provincial levels.
At the federal level, the Office of Superintendent of Financial Institutions (OSFI) and the Insurance Companies Act
are responsible for insurance regulations and compliance.
At the provincial level, each province is headed by a Superintendent of Insurance who reports to the applicable
provincial ministry.
In every province except Quebec, policy contract provisions are governed by the Uniform Life Insurance Act.
Assuris protects Canadian life insurance policyholders against the loss of benefits due to the insolvency of a member
company.
As an advisor it is important for you to be aware of the regulatory bodies that govern the insurance industry. You
must demonstrate to your clients that you are acting in compliance with the various acts and regulations.
Key statutes governing the activities of the life insurance industry are the:
Statute Responsibilities
The financial supervision of the provincial superintendents of insurance is limited mainly to insurers operating under
provincial charters.
ASSURIS
ROLE OF ASSURIS
Assuris protects Canadian life insurance policyholders against the loss of benefits due to the financial failure of
a member company. The compensation fund is financed through contributions from the participating insurance
companies. All life insurance companies licensed to write life insurance in Canada are required to be members of
Assuris.
Assuris was formerly known as CompCorp.
ASSURIS COVERAGE
The following benefits are fully covered by Assuris:
Assuris itself does not guarantee the full payment of the policyowner’s interest, only the difference between what
the policyowner receives from the insolvent insurer and the Assuris limit, if applicable.
EXAMPLE
ABC insurance company becomes insolvent and a liquidator arranges to pay 75% of its claims. The chart below
outlines amounts payable for two possible scenarios:
Claim Amount Liquidator Pays 75% Assuris Covers Assuris Pays Total Paid
$100,000 cash value $75,000 85% cash value amount $10,000 $85,000
Other protection available for Canadian life insurance policyholders is provided by Assuris.
A client will feel comfortable knowing that the insurance industry is monitored by several regulatory bodies.
Legislation is in place to protect the stability of the industry and to protect the public interest of the policy holder.
The Office of the Superintendent of Monitors solvency and stability of federally regulated insurance
Financial Institutions (OSFI) companies, banks and trust companies
Insurance Companies Act Companies must maintain assets based on formulae and maintain
reserves for unearned premiums and claims
Uniform Life Insurance Act Sets out provisions required by law to be included in policy contracts
Bryan adds that if the insurance company were to go out of business, Assuris is there to compensate against the loss
of benefits.
Assuris would ensure that up to $212,500 of the death benefit (85% of $250,000 = $212,500) would be paid and
that any cash values up to $60,000 would be paid.
TERM INSURANCE
Term insurance is pure insurance coverage with no investment accumulation or cash surrender value. The concept
is similar to insurance coverage provided for by automobile or homeowner’s insurance.
Term insurance provides protection against the risk of death for a specified length of time. The protection will
terminate at the end of the specified period.
Term insurance is available with:
The coverage stays the same throughout the term The coverage decreases over the specified time frame.
of the policy.
Term insurance is usually used to cover a temporary need, such as a debt or mortgage.
The older an individual, the higher the annual premium amounts will be. Most term insurance policies expire after a
set duration or at a certain age (for example age 65 or age 75).
Type Description
Renewable Term A renewable term contract allows for the policy to be extended for another
term of equal length without the insured having to provide medical evidence of
insurability.
For example, a 10-year renewable term policy issued in 2015 could be renewed
for another 10-year term in 2025, regardless of the health of the insured at that
time, even if the insured was terminally ill.
Convertible Term A convertible term policy is one that can be converted into a permanent
(whole) life contract.
This is subject to certain conditions, but is not contingent on the health of the
person insured under the policy.
Decreasing Term Decreasing term is most often used to cover the outstanding balance of a
mortgage.
The coverage decreases as the outstanding mortgage balance decreases over
time.
Group Life Insurance Group life insurance is a type of term insurance, usually provided through an
employer as part of a benefits package.
The coverage is usually directly related to some multiple of the employee’s
salary.
Premiums are often lower with group insurance than with an individually
purchase insurance policy.
If your client has no dependants, group life insurance provided through an employer may be sufficient
coverage for their estate protection needs and no further life insurance may be required.
If an employer pays all or part of the premiums on a group term life insurance policy, the portion of the
premium paid by the employer relating to the coverage is considered a taxable benefit for the employee.
Premium payments remain Premium payments are for a specified number of years, until the policy is paid
the same throughout the life in full.
of the policy.
In this case, no further premiums are paid, but the insurance coverage is still in
effect.
The annual premium payable during the premium-paying period will be greater
than that paid under a similar straight payment plan, but it is payable for a
shorter period of time.
A permanent or whole life insurance policy is said to mature or endow when its cash value equals its death benefit.
A policy does not usually mature until the insured reaches age 100.
Feature Description
Periodic reviews and The mortality costs, investment returns, expenses and other costs are subject
adjustments to periodic review and adjustment by the insurance company within certain
limits defined in the contract.
Investment accounts The investment account portion of a universal life insurance policy earns a rate
of return consistent with similar investment vehicles, either deposits or mutual
funds.
Mortality costs (deductions for the insurance protection) are reassessed based
upon the company’s experience and may be decreased or increased.
The company’s expenses and investment returns are examined and the
administrative portion of the cost may also be adjusted.
Flexibility to make changes The policyholder can alter these choices during the life of the policy, although
to coverage, premium the company must approve any changes that will increase the amount of risk
deposits and investments covered by the policy.
Variable life policies have a death benefit and a cash surrender value that varies depending on the performance of
the underlying fund investments.
Feature Description
Lower Premium The premiums are lower than if two individual policies were issued.
The reasoning is that since the death benefit is paid only on the death of the
second insured, this will statistically likely occur farther in the future.
Insurance Type The insurance can be either permanent (whole) life or term insurance.
Unique Purpose This type of life insurance is commonly used in estate planning for spouses. It is
useful in providing cash to pay taxes on the death of the surviving spouse.
It is most typically used to protect against tax liabilities triggered by the last
death for disposition of RRSPs, RRIFs or capital properties. The property can be
transferred tax free to the surviving spouse at the first death.
Feature Description
Lower Premium The premiums are lower than if two individual policies were issued, since only
one death benefit is paid. However, the premiums are higher than if only one life
was insured.
Insurance Type The insurance can be either permanent (whole) life or term insurance.
Unique Purpose This type of life insurance is commonly used in estate planning for spouses or
business planning. It is useful in providing cash to pay expenses that might arise
at the first death only.
In estate planning situations, it might be used to pay a charitable gift at death.
In business situations, it might be used to discharge the obligation to buy out a
deceased business partner.
Duration The policy typically terminates at the death of the first life insured to die.
Some contracts permit the surviving life insured to continue coverage on their
own life, on a single life basis, without having to prove medical insurability.
In a non-participating policy, the policyholder does not participate in the surplus or profit generated and the
premiums tend to be lower. Lower premiums are due to less conservative assumptions being used to determine
interest rates, mortality losses, expenses and contingency conditions.
Term Level For a stated None Stays the same Stays the same Pure insurance
number until renewal coverage
of years,
such as 1, 5, 20
Term For a stated None Stays the same Death benefit Least expensive
Decreasing number decreases over type of
of years, the term insurance
such as 1, 5, 20
Whole Life Whole of life Low to Medium Stays the same Stays the same Part insurance,
Straight part savings
Whole Life Whole of life Low to Medium Stays the same Stays the same Paid up after a
Limited certain number
payment of years
Endowment For a stated High Stays the same Stays the same Savings
period of time until paid up accumulation
No more
insurance
protection after
policy has been
paid up
While reviewing your client’s risks, you should also ensure that the client has sufficient coverage for
unexpected sickness or disability.
Disability due to illness or injury generally results in lost income and increased expenses.
Disability insurance will usually pay up to 60-70% of a person’s pre-tax earned salary. It is commonly
offered as part of a benefit package to employees. Generally, disability policies have a waiting period
between 30 days to six months (after the disability starts, but before the benefits start), which should be
taken into consideration.
A client who is self-employed or who works for a company that does not offer disability insurance should
consider purchasing coverage for this risk independently through an individually owned disability policy.
EXAMPLE
Ashley and Shane Valentine are in their early thirties and want to start a family. Shane’s father died of a heart
attack in his fifties and his mother has high blood pressure. Ashley and Shane want to ensure that they are
protected financially from any unexpected events, should either one of them die suddenly. Bryan suggests that
they meet with an Insurance Agent to discuss their concerns.
The Agent asks them several questions and finds out the following:
• They just recently bought a larger home and have a mortgage amortized over a 25-year period.
• Both Ashley and Shane have started accumulating funds in a RRSP.
• Shane has a small inheritance which he has invested in secure investments. This is their emergency fund.
• They want to provide sufficient income for their future children should anything happen to them.
• Shane is concerned that he will not be able to qualify for life insurance as he gets older, due to his family
health history.
• Ashley and Shane have disability insurance as part of their benefit packages at the companies they work for.
EXAMPLE
(cont'd)
The Agent thinks they are on the right track by contributing to RRSPs, having an emergency fund in place and
having disability coverage. He feels that Ashley and Shane can protect themselves better from an unexpected
event such as premature death by applying for a:
• Decreasing term policy for 25 years to cover the outstanding balance of their mortgage.
• Permanent (whole) life insurance policy on the life of Shane now while he is still young and premiums will be
relatively reasonable. Should Shane experience health problems later in life, he will continue to be insured as
long as he pays the premiums.
The Agent helps Ashley and Shane calculate the amount of life insurance they should apply for and assists them
in completing the applicable application forms.
As a precaution, the Agent warns Shane that he might have to pay a somewhat higher premium than expected
because of his family history of health problems. However, that additional risk factor is all the more reason to
acquire life insurance now.
Loss of Earning If the main income earner of the family dies, the earned income generated while they
Potential were alive will terminate at death.
An amount equal to these potential future earnings should be factored into the
financial plan.
Emergency Fund A certain sum of money should be set aside for unforeseen occurrences, such as the
breakdown of a car.
Education Fund If the family includes dependents under the age of 18 (or 25 if attending school
full time), then the financial plan should include a contingency plan to pay for the
education of the dependants.
There should be some consideration given to the effect of inflation when reviewing projected future amounts.
EXAMPLE
Brent recently graduated from law school with a lot of debt. He also recently purchased a condominium on the
lake and has a large mortgage. Brent also bought a sports car with his line of credit. He is planning to get married
this year. Brent is concerned that his new wife will suffer financially if he were to die suddenly.
Brent contacts his advisor, Bryan, on how he can protect himself and his fiancée from financial hardship if
something unexpected were to happen to him. Bryan gathers some information and suggests that Brent meet
with and Insurance Agent.
The Agent asks Brent several questions and finds out that his main concern is to cover the period of the next
20 years while Brent’s debt is high. His earning potential will be high for the next 30 years and Brent feels he will
be able to pay off his debts before he retires. Brent and his fiancée would also like to start a family after they
are married.
The Agent feels that Brent should take out a life insurance policy to protect his future dependants and not place
them in financial jeopardy. The Agent does a calculation to determine the amount of life insurance Brent would
require. The Agent takes into account:
• Brent’s current income and expenses
• Which expenses will decrease and increase with time
• An estimate of what the dependants’ expected expenses would be at death
Brent feels good about the Agent’s advice and is pleased that Bryan suggested they meet. He feels less stressed
now that he has a plan in place to protect his future dependants from financial uncertainty should he die
unexpectedly.
Question Answer
Do they have any concerns or fears? Yes, Maria may have insufficient income if Pedro were to die.
Do they have any savings or RRSPs? Yes, they each have a RRSP, including a spousal RRSP for Maria.
Do they own their own home? If so, is there Yes, they own a small bungalow in the suburbs. They recently
a mortgage? took out a mortgage to buy a cottage up north. The current
outstanding mortgage amount is $50,000 and will be paid off in
10 years.
Question Answer
Is Maria employed? No, she is not and has no plans on working again. If necessary,
she could return to her pre-marriage job as a dental assistant,
earning $28,000 a year.
When do they plan to retire? They plan to retire when Pedro reaches age 60.
Are there any major health problems? No, they are both in excellent health.
Based on the Santezes’ answers, Bryan suggests they speak to an Insurance Agent to inquire about:
• Pedro taking out a permanent (whole) life policy on his life to provide for Maria in the event he was to die. As he
is in good health and expects to live a long life, the coverage will be in force for life and both the coverage and
the premiums will remain level. With a term plan, the premiums would go up dramatically as Pedro gets older.
• Pedro and Maria taking out a 10-year renewable decreasing term policy for the amount of the mortgage on the
cottage. The amount of the coverage will decrease as the mortgage decreases and the policy will expire when
their mortgage is paid off.
The Santezes’ met with an agent and felt their meeting was very successful because of the information Bryan was
able to provide them.