Dear Reader, there are sometimes circumstances in which a taxpayer is allowed to elect that he or she has disposed of an investment or holding in a taxation year, even though there is no sale or transfer. The great thing about this is that the taxpayer can claim a loss for an investment that is worthless and has no market. If the investment is a share of the capital stock of a corporation, the election may be made if:

• the corporation during the taxation year the loss will be claimed has become bankrupt
• the corporation is insolvent and is in the process of winding-up in the same year the loss will be claimed
• the corporation is insolvent at the end of the taxation year but there is no winding-up order made but:
  • the corporation or any corporation related to it is carrying on business
  • fair market value of the shares held by the taxpayer are NIL
  • it is a reasonable assumption that the corporation will wind up or never again commence business

Timing for the taxpayer is important - the loss cannot be claimed at any time in the future, but must be claimed the year of the event (or as reasonably close to the event as the taxpayer is aware). Otherwise the taxpayer will have to find someone to actually buy the stock for a nominal amount. To claim the loss, the taxpayer has to include a letter with his or her tax return stating he or she wants Subsection 50(1) of the Income Tax Act to apply. The signed letter must include the following information:

1. name of the corporation
2. number and class of shares disposed
3. insolvency, bankruptcy or wind-up date of the corporation
4. date the shares were purchased
5. amount of the proceeds of disposition
6. adjusted cost base
7. any outlays / expenses upon disposition
8. the amount of the loss being claimed

In the event the corporation at some point in the future becomes active, and the stock becomes valuable again (usually never happens, but one never knows), the ACB of the stock will be NIL.

Dear Reader, the Canadian Income Tax Act has a clause that prohibits you from using capital losses to reduce your taxes and immediately repurchasing the same investments within 30 calendar days of the sale. This rule is called the "superficial loss" rule, and therefore if you triggered a loss last December, you could repurchase the same investments any time after the end of January and still use the capital loss against any realized gains in the year or in the previous three years, or to carry the loss forward for use at any time in the future against any capital gains. If you triggered a taxable capital gain when you sold your holdings, then you can repurchase at any time - the 30-day rule does not apply to gains.

Dear Reader, the RRSP proceeds are included in the income of the deceased as of the date of death, and the named beneficiary on the RRSP becomes the owner of the RRSP proceeds as of the day after the day of death. In this instance, the beneficiary is the surviving spouse, who has the option of transferring some or all of the RRSP proceeds to his or her own RRSP on a tax-deferred basis, thereby reducing the tax payable by the estate. The value of the RRSP may experience an increase or decrease in value between the date of death and the date of transfer or disposition. Any increase in value (capital gain) of RRSP proceeds that are not transferred tax-deferred to the spouse would be taxable in the hands of the surviving spouse beneficiary. Any decrease in value (capital loss) would be used against any gains in the estate, or if there are no gains to be offset in the estate, can be carried back to the final (terminal) year of the deceased and used to offset any capital gains realized by the deceased. The capital loss cannot be used by the surviving spouse.

Dear Reader, the Guaranteed Income Supplement is a federal program that provides money to low-income seniors who receive Old Age Security (OAS). The OAS pension is payable at a flat rate regardless of income, but the GIS is reduced by $1 for each $2 of monthly income. GIS eligibility depends not only on an individual's income, but also upon his or her marital or common-law status. How you and your client invest the $100,000 will directly affect eligibility for GIS. Interest, foreign income or dividends subject to the gross-up will increase reported taxable income, and will likely reduce GIS eligibility. Depending on the age and circumstances of your client, a portfolio structure to defer or minimize income and provide capital gains can lower the possibility that the GIS would be affected. As with any investment however, you and your client will have to weigh the priority of safeguarding the GIS against your client's investment objectives and financial needs.

Dear Reader, due to insufficient information, only a general response is possible but here is an example you can follow for your own situation. Let's say you have worked through your tax return and would owe $500.00 before you make any RRSP contributions. To determine a close approximation of what you can make to an RRSP to reduce your tax to zero go to the Federal Tax Schedule 1 you would have completed and look at the tax rate that applied on line 5 of this schedule for the box that you filled in. (for the 2004 tax year if your income was between $35000 and $70000 it would be 22%) Then go to the pink Provincial Tax Schedule (which is ON428 in Ontario) and see what tax rate applied on line 5 as well for the box that you completed. (for 2004 Ontario income between $33375 and 66752 it would be 9.15%). If you add the two rates together (in this case 22% plus 9.15% for a total of 31.15%) you will arrive at your marginal tax rate. If you then divide the amount of tax owing on your return by this marginal rate you will arrive at the amount of the RRSP contribution you need to make to reduce the tax to zero. In this case divide $500 by 31.15% and you get $1605. You could then go back and rework your return with the $1605 amount input on line 208 as your RRSP contribution and you should come close to reducing your tax to zero. This method doesn't allow for any surtaxes but you will be quite close.

Another thing to review and consider is the amount of accumulated RRSP contribution room recorded against prior income years and available for your future use. The government computes this amount from information from your prior year(s) filings. You can use all or any portion to minimize taxes in the form of an RRSP contribution purchase. The government has a web site to make such inquiries. Your yearly notice of assessment from Canada Customs and Revenue will advise you of this amount.

Dear Reader, upon the death of a GIC registrant (single name) the institution will not always want a probated copy of the will before it will release the investment proceeds to the estate. Most institutions have a threshold amount above which probate will be required and below which the requirements will be limited to a letter of direction or declaration of transmission signed by the estate executor(s) along with a copy of the will and original death certificate. Each institution has their own threshold and you can
check with them directly to determine their requirements.