Chapter 3: Retirement Planning for Business Owners Flashcards

1
Q

What comprises earned income for a business owner (which determines an individual’s RRSP limit)?

A

Salary and taxable benefits, does not include dividends or repayments of shareholder loans.

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2
Q

What is the limit for accrued benefits (benefit entitlement) for DB pension plans?

A

An individual cannot have an accrued benefit in excess of 2% of their income up to the max in a given year.

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3
Q

How do you calculate the maximum income for RRSP deductions in a given year?

A

Maximum income is the previous year’s money purchase limit divided by 18%. 2022 MP was $30,780 / 18% = $171,000.

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4
Q

How do you calculate the maximum DB accrued benefit?

A

Maximum benefit is 2% of income up to the annual max. Can find max income as the prior year’s MP / 18% (i.e. $30,780 in 2023 divided by 18% = $171,000) x 2% = $3,420

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5
Q

When is pension income splitting allowed for various plans?

A

Available at any age for DB plans, only permitted for RRIFs, LIFs and other plans starting at age 65. IPPs also technically qualify for pre-age 65 income splitting, but that’s unlikely.

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6
Q

What is the criteria that a small business typically must have for an IPP to make sense?

A
  • Good cash flow
  • Incorporated
  • Cash on hand beyond that needed for operations
  • Owners who have taken T4 salary income over $100K annually regularly
  • Owners who are 45+
  • Owners who are likely to stay involved in their businesses for the indefinite future
  • Owners who are planning for retirement
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7
Q

How is an IPP started?

A

An initial contribution must be made by the business to get the plan started. If the beneficiary has an existing RRSP, it would roll into the IPP as an initial funding requirement. If not, the company needs to make up the funding shortfall.

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8
Q

How are IPPs taxed?

A

Contributions made by the company are a tax deduction. Investment returns are tax deferred. The plan member only pays tax when an income is drawn in retirement.

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9
Q

Why does an IPP have creditor protection?

A

Because it is a Registered Pension Plan (RPP), so it benefits from the creditor protection afforded to all RPPs.

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10
Q

How do you calculate required IPP contributions?

A

This requires actuarial expertise. The max accrued benefit for a DB plan is 2% of earned income up to the max (2023 = $171,000 x 2% = $3,420). Using this as the annual PMT, we can solve for the required PV at age 65 (normal retirement age) to provide an annual PMT of $3,420 to a set mortality with a given discount rate. Once we have the PV at age 65, we can calculate the PV at the individual’s current age to determine how much the individual needs to set aside in the current year to fund the IPP.

In the example given, the business would need to set aside $29,513, but the RRSP limit for the year is only $27,230. This means that the business can fund the plan to a greater extent than if an RRSP or DC plan were used.

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11
Q

Why does the IPP not work for individuals under around age 45?

A

The spread between the required IPP funding and the maximum RRSP deduction limit increases as the plan member gets older (as there are fewer years until the scheduled retirement age). Under age 45, there is little benefit for an individual to set up an IPP.

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12
Q

What are the initial funding obligations for an IPP?

A

There is an obligation to fund an IPP for prior service when there is an employment history (specifically a history of salary). The amount required would need to be calculated based on past history (2% benefit entitlement based on salary and years of service). If the business owner has an RRSP, those amounts must be transferred first to match any initial funding obligations.

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13
Q

What is the initial downside of setting up an IPP?

A

Plan must be funded with any existing RRSP assets up to the required amount. This has the effect of moving non-locked in money into a locked-in account.

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14
Q

What is the legislated rate of return within an IPP? What happens if an IPP makes investments that return less than 7.5%?

A

If the IPP makes investments that return less than 7.5%, the business must make up that shortfall. This can be a benefit as it allows the business to transfer even more money on a tax deferred basis to the business owner.

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15
Q

How often does an IPP need to make up shortfalls due to investment returns not meeting the legislated rate of return?

A

IPPs must report to their pension supervisory authority every 3 years. If there is a shortfall between the investment returns of the plan and the legislated return (7.5%), the employer must make up a difference.

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16
Q

If an employer has to fund an IPP shortfall, what are the tax consequences?

A

If an IPP does not meet the 7.5% legislated return on their triennial reporting, a contribution to the IPP must be made by the business. This contribution is deductible to the corporation and does not create a taxable benefit or pension adjustment for the plan member.

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17
Q

What is meant by a terminal funding obligation of an IPP?

A

Terminal funding obligations arise when the plan member retires.

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18
Q

What are the 3 typical obligations that may create a terminal funding obligation for an IPP?

A
  1. CPP bridge benefits/early retirement benefits if the plan member retires before 65
  2. Obligation to provide survivor benefits if the plan member is married or in a common-law relationship (unless spouse has waived their rights)
  3. May be an actuarial calculation to adjust for inflation (indexing) when the plan member is retiring.
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19
Q

What happens if the plan member of an IPP retires before age 65?

A

Like other DB pensions, the IPP can be structured to provide a bridge benefit based on the CPP benefits that would be payable between retirement and age 65 (not a requirement).
The funding obligation at retirement is calculated using a straightforward TVM calculation for the annual CPP benefit at 65 and the number of years until 65.

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20
Q

How do you calculate the required funding for the survivor’s benefit of an IPP?

A

The length of time that the survivor’s benefit would (likely) need to be paid is based on the mortality of the plan member and the mortality of the spouse. For example, a male plan member may have a mortality of 90, and their female spouse that is 3 years younger could be assumed to outlive them by 5 years. The calculation would need to account for 5 years of survivors’ benefits being paid to the survivor at the plan member’s estimated mortality of age 90.

**This is purely an actuarial calculation, the funding available in the plan and rate of spending/investment income will determine what is left for the spouse if the business owner dies first.

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21
Q

How would you calculate the potential funding shortfall of an IPP if early retirement is taken?

A

Calculate the annual retirement benefit as the number of years x the annual benefit accrual. Then solve for the PV at the new retirement age to determine if the plan requires terminal funding to make up any shortfalls.

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22
Q

What are the administrative costs to set up an run an IPP?

A

Approximately $1-3K/year paid to an actuarial firm to administer the IPP (in addition to any investment management fees). These costs are paid separately (though they can be paid from within the IPP) and are a deductible expense for the business. The actuary who designs the plan should be consulted to determine the most efficient way to pay the costs.

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23
Q

What are the 3 options provided by an IPP for the purpose of retirement income? (How retirement incme can be taken)

A
  1. Defined Benefit Pension
  2. Transfer to a LIRA/LIF
  3. Life Annuity (copycat annuity)
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24
Q

What is the most common method of taking retirement income from an IPP?

A

A popular option in a low-interest rate environment is a copycat life annuity. Otherwise, transferring the plan into a LIRA/LIF is very common as it allows for more flexibility.

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25
Q

Why are IPPs not normally turned into a true DB pension at retirement?

A
  • Must be continually administered like a pension (incurring administrative costs)
  • Full amount of plan is taxable on final death of plan member or spouse (for example, no rollover to RDSP available)
26
Q

Why would someone not decide to transfer their IPP into a LIRA/LIF at retirement?

A

According to Income Tax Regulation 8517, the maximum tax-deferred transfer value (at age 65) is 12.4. By multiplying the annual benefit by this value (for example, $75,000 x 12.4) you would find the limit that can be transferred into a LIRA ($930,000). Any amount in excess of this value would have to be taken as taxable income or rolled into an RRSP. Given that the plan member likely has little to no RRSP contribution room, a significant amount would become fully taxable.

27
Q

What is the benefit of setting up a multi-generational IPP?

A

If children also work in the business, an IPP can work more like a small-scale DB pension. When the parents have died, any funds left in the IPP are not deemed disposed. Instead, the 3 suriving kids all share in the value left in the IPP, reducing the size of each member’s estate and helping to avoid probate.

28
Q

How can an IPP be used to optimize the small business deduction?

A

An IPP allows a corporation to invest without increasing its passive income and losing access to the small business deduction.

29
Q

Why might a business owner deliberately choose to hold low return generating fixed income assets in an IPP?

A

IPPs must obtain the legislated 7.5% return or create an obligation on the employer to top it up to that level. If the IPP doesn’t meet the level, it would allow the corporation to fund the IPP to an even greater extent, extracting more corporate dollars from the IPP than if the IPP generated returns closer to 7.5%. Investments with greater expected returns would be held in non-registered accounts (either personally or corporately).

30
Q

How does a retirement compensation arrangement (RCA) work?

A

Non-registered plan that employers can contribute to (employees cannot) to fund retirement. Contributions are tax deductible and the employee does not pay tax until they start to draw income from the plan. There is no upper limit to contributions (for example, an employee earning $1M/year could see retirement income of $1M x years of service (30 for example) x 2% = $600K annual income).
The greatest disadvantage is that there is a 50% refundable witholding tax that must be paid to the CRA on all contributions.
The withholding tax is fully refundable, but the amount does not grow or generate any interest.

31
Q

How are RCA (retirement compensation arrangement) withdrawals taxed?

A

Taxed as ordinary income to the employee. As the employee withdraws from the plan, the withheld taxes start to be refunded at a rate of 50% (based on the prior year’s income from the plan).

32
Q

Why is it important to have an actuary involved with retirement compensation arrangements (RCAs)?

A

If RCA withdrawals are timed incorrectly, some of the withholding taxes could end up being trapped with the CRA with no means to recover them.

33
Q

What are the most common ways an RCA (retirement compensation arrangement) is used?

A
  • High income earners who are likely to retire outside of Canada
  • Holding life insurance as the investment within the RCA under a “split dollar arrangement”
34
Q

What is a split dollar arrangement with regards to life insurance owned within an RCA?

A

The corporation owns the cash value of the life insurance policy while the employee owns the death benefit. The employee pays the cost of insurance while the RCA does all the investing. If the corp were to own the entire policy, the death benefit would eventually have to be taxed.

35
Q

What are the RCA deeming rules?

A

If an employer puts money away for an employee’s eventual retirement without setting up an RCA (retirement compensation arrangement) or IPP or EPSP and the CRA discovers this, the employer would need to pay withholding taxes for each year the plan was in place, plus withholding tax on any taxable growth.

36
Q

What is a common way that RCA deeming rules are accidentally triggered?

A

If a large life insurance policy is purchased as a retirement vehicle for an employee (or any other investment).

37
Q

What are situations in which an RCA may be a good option?

A
  • NHL players on Canadian teams have RCAs as part of their retirement income structure
  • An employee who is entitled to severance may gain some tax deferral from an RCA, rather than paying it as taxable salary
  • Working and saving beyond age 71
  • Retiring outside of Canada
  • Business asset sale (use an RCA to create a large tax deduction against that income)
38
Q

What is an EPSP and who commonly uses it?

A

Employee Profit Sharing Plan - not specifically for business owners, more likely to be used on behalf of a high-earning employee.

39
Q

How are EPSPs taxed?

A

Employee Profit Sharing Plan contributions are tax deductible for the employer and taxable to the employee, there is no tax deferral. Contributions don’t attract CPP & EI premiums. Investment income generated by the plan is subject to tax.

40
Q

Do non-profit entities often use EPSPs?

A

No. Employee Profit Sharing Plans can only be used by for-profit entities because it is a profit sharing plan.

41
Q

If an employer has limited plan liquidity of an EPSP to a minimum number of years of service and the individual leaves before then, what happens to the EPSP?

A

The EPSP would be returned to the employer, the employee would get a tax deduction based on the amount in the EPSP at that time.

(This wasn’t specified, but I imagine that the EPSP would be taxable upon its return to the employer to offset the deduction the employer received initially.)

42
Q

When are EPSPs used?

A

EPSPs are sometimes used simply as compensation for high-earning employees. They may also be used as part of a succession plan. Some employers will fund the EPSP specifically so that employees have funds available to buy out the business owners at some point in the future.
The EPSP is a relatively simple arrangement, but its

43
Q

How is the exercise price of stock options determined?

A

Normally determined using a formula based on the average share price over the past 90 days.

44
Q

How are stock options taxed?

A

Employee is only taxed at the time of issue if the option is issued at a price less than the MV of the shares as they trade on the public markets. Employee is also taxed when the option is exercised if the share price exceeds the exercise price. Although technically taxed as ordinary income, it’s more like a capital gain.

45
Q

When are stock options normally exercised?

A

As they most often have an expiry date (such as within 90 days of issue), they’re most likely exercised right away.

46
Q

Can an employee who exercises a stock option sell the shares right away?

A

There is normally a restricted period during which the employee must hold the shares (such as 2 years). Once non-restricted, they can be transferred to a broker and disposed of.

47
Q

Can stock options be used in private companies?

A

Yes, but there are a few differences between stock options for private companies and public companies.

48
Q

As private company shares are not liquid, when would an employee or executive holding a stock option dispose of their shares?

A

Hold them until a “liquidity event” occurs.

49
Q

What are the 3 typical liquidity events that would cause an employee/executive holding a private company stock option to dispose of their shares?

A
  1. The company is acquired
  2. The company goes public
  3. The employee exits
50
Q

What happens if an employee of a private company has stock options and the company is acquired?

A

Employees will normally be able to exercise their options prior to the acquisition and sell their shares as part of the acquisition.

51
Q

What happens if an employee of a private company has stock options and the company goes public?

A

Employees would exercise their options to acquire shares (normally just prior to the company going public) then are able to sell them on the public stock exchange.

52
Q

What happens if an employee of a private company has stock options and the employee leaves?

A

Most private stock options include a provision to value and purchase shares when the employee who holds them departs.

53
Q

How are private company stock options taxed differently than public company stock options?

A

More generous tax rules than public stock options. Once an option is exercised, gains can be deferred until the shares are disposed of (i.e., there is no tax to pay until there is liquidity).

54
Q

Do corporate assets have creditor protection?

A

Assets held in a holding company are generally protected from claims against a subsidiary operating company (but this is not bullet proof).

55
Q

Why is removing passive investments from a holding company difficult to do?

A

Tax cost can be prohibitive as it is both a disposition for the corporation and a taxable event for the shareholder when passive assets are removed.

56
Q

How can a shareholder have a holdco as a tax deferral tool and still eventually use the LCGE?

A

If the shareholder owns 100% of the holdco shares, then at least 10% of the OpCo shares, with the remainder (at least 10%) being owned by the HoldCo. When the OpCo pays dividends, the shareholder and the holdco would both receive dividends proportionate to their share ownership, all salary can be paid exclusively to shareholder.

Upon the sale of the Opco, the sale of shares held by the Holdco is an asset sale and the LCGE can NOT be used. However, the LCGE CAN be used on the sale of shares held by the shareholder.

57
Q

What is another term for passive income?

A

AAII (Adjusted Aggregate Investment Income)

58
Q

When does a corporation start to lose access to the Small Business Deduction and by how much?

A

Once passive income exceeds $50,000/year. $5 of the SBD is lost for every $1 of passive income in the preceding year.

59
Q

If a non-working spouse owns shares of a holding company, is income splitting available?

A

No, unless the working spouse is 65+

60
Q

What is a situation in which the use of holding companies is not allowed?

A

With multiple shareholders, a unanimous shareholder agreement (USA) could render the use of holding companies unavailable. Even if the USA allows the use of holding companies, the differing needs of shareholders could make them impractical.

61
Q

What is meant by CPP eligibility being calculated on a “points” system?

A

Each year of earning YMPE or more counts as one full point. Any year earning less than YMPE will have a proportion of points relative to that year’s YMPE.
Example: YMPE = $53,600, basic exemption = $3,500, earnings = $40,000
$53,600 - $3,500 = $50,100.
$40,000 - $3,500 = $36,500
$36,500 / $50,100 = 0.73 “points”
Eligible for 73% of max CPP benefit.

62
Q
A