De Rubeis, Chetcuti LLP Lawyers

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Strategic Opportunities and Business Exit Strategies


1. Next Generation Transfer and Business Exit Strategies

  • Options to transferring real estate to the next generation with focus upon business assets, cottages, U.S. properties.

  • Assessment of best tax structured transfers.

  • Sale of a business, shares/assets, keep within the family, with or with-out control, estate freeze possibilities.

  • Tax free distributions of corporate money.

  • Business contingency planning - death, disability, succession, marriage breakdown, emergency plan.

  • On-going support to family members, difficult family circumstances.

2. Tax Minimization Strategies

  • Tax on income, capital gains, registered plans, TFSA, probate fees, executor's compensation

  • Canadian minimization strategies

    • Exemptions

    • Gifts during lifetime

    • Joint title to assets

    • Beneficiary designations

    • Contingent owner life insurance

    • Tax deferred roll-overs (spouse, spouse trust, alter ego trust, joint partner trust, capital beneficiaries of trust)

    • Estate freezes (Holdco or family trust - maintain voting control)

  • Cross Border Issues

    • Consider "U.S. property"

    • Consider "U.S. person" - time spent in the United States

    • Next generation transfers - beneficial interests

    • Estate tax (state and federal)

    • Capital gains tax (state and federal)

    • Gift tax (state and federal)

    • Generation Skipping Tax (state and federal)

    • Stamp tax

    • Exemptions

3. Creditor Protection strategies

  • Guidance in preventative opportunities (in non-insolvency circumstances) to protect against creditors and law suits.

  • Protection against adverse consequences of marriage including pre-nuptial agreements, matrimonial home options, discretionary trusts and specialized mortgage financing.