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Published byWillis Griffin Modified over 9 years ago
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Advisor Opportunities Using Trusts Sandy Cardy Mackenzie Financial Corporation
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) Strategic use of trusts Initiate tax and estate planning discussions Customize basic strategies RESULT: Increased satisfaction with your value Opportunities for business building
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Topics to cover today: Why trusts? Basics of taxation Case studies: Asset protection Handicapped beneficiaries Business Succession Income-splitting testamentary trusts Insurance Trusts
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Trusts – Who is a prospect? Minor children Special-needs dependents Family members who are not “financially astute” Income-splitting Retirement planning Charitable giving Inheritances Marriage Divorce Confidentiality Probate Family law property claims
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Trusts Testamentary Trusts Taxed at graduated rates Flexible year end No attribution Inter-vivos Trusts Top tax rates Calendar year end Attribution
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Case Studies
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Trusts - inheritance planning- The Evans family Sam (22 ) Son Heather (20) Daughter Robert (85) + Emma Evans John’s Parents John (56) Kate (55) Robert’s ins. policy: $500,000 Robert’s will: $1,000,000 to John
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Case #1-Testamentary trusts Testamentary Trusts (created after death) Delay distribution of assets Control over assets Save on income tax
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Direct Inheritance @ MTR of 45% Mackenzie Sentinel Corporate Bond Fund $1,000,000 6% interest income$60,000 Taxes payable$27,000 Income retained$33,000 Net annual savings through a testamentary trust Testamentary Trust @ graduated rates $1,000,000 $60,000 $16,000 $44,000 $11,000 John’s inheritance of $1,000,000
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John’s inheritance John - ?Kate - $8,000Heather - $8,000Sam - $8,000 Evans Family Trust $60,000 Income $24,000 paid to beneficiaries $36,000 Total Taxes = $8,000
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The Power of Testamentary Trusts DirectTestamentary Trust (Joan as beneficiary) Testamentary Trust (including spouse and children as beneficiaries) Taxes payable$27,000$16,000$8,000 Net annual savings N/A$11,000$19,000 Joan’s $1,000,000 inheritance from his parents is generating $60,000 interest income annually.
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Testamentary trusts - planning opportunities Income splitting for high income beneficiaries Income sprinkling for beneficiaries with dependant children Designated income
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Case #2 – Insurance trust Vivian (68) Widowed but well off 4 children 3 successfully independent 1 dependent on Vivian at age 36
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Vivian dies? Issue Unequal sharing Legal wrangling Family discord Possible solution Will planning Gifting Alter Ego trust Insurance trust
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Insurance trusts Funded with the proceeds of life insurance policy Established outside estate as separate trust Beneficiary designation pays proceeds of policy to individual - receives proceeds as trustee Documentation to establish an insurance trust: Last Will and Testament Trust Declaration or Trust Agreement
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Insurance trusts – advantages Taxed as testamentary trust Probate avoidance Creditor proof Confidentiality
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Case # 3 - Handicapped beneficiaries Amanda, age 6 Father Life insurance proceeds $250,000 Designated beneficiary Options available In trust for account Annuity Formal trust
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“Henson” trust Trustee $250,000 Fully discretionary Control of assets Prescribed beneficiary election
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Case #4 - Jackson Tool & Die Age 56 Wife Joan (55) Children Eric (27) Cody (22) Joanne (17) Bill Jackson Owner/Manager Jackson Tool & Die $5 million
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Estate freeze - trust Operating Company Trust Family Debt and preferred Common shares Bill
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Estate freeze - strategies to consider Use the capital gains exemption now Recommend multiple wills
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Estate Freeze - The real nitty gritty When to freeze – will owner have enough value to live on in the future? How do you protect children’s shares from matrimonial claims?
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Case #5 – Asset protection Lou (70) Divorced – married Anna Nicole 2 years ago 3 children 2 grandchildren Anna Nicole (32) Divorced 1 son
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Lou dies first? Issue Family law issues Estate depletion Lou’s children disinherited Legal wrangling Family discord Possible solution Will planning Gifting Alter-ego trust Spousal trust
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Alter Ego trust Protection of assets Control of capital Confidentiality Jurisdiction shopping Probate avoidance Assets Lou and/or Anna Nicole Lou and/or Anna Nicole Children
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Mackenzie is here to help Client Service Group Sales Reps Private Client Group Tax and Estate Planning Mackenzie University
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