u.s. estate tax planning helping to protect your clients presented by james sheldon ceo and...

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U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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Page 1: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

U.S. Estate Tax Planning

Helping to protect your clients

Presented by James SheldonCEO and Co-founder

Page 2: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

2

Who is Cardinal Point?

• Independent cross-border wealth management firm

• Provide Canadian and U.S. investment management, cross-border and financial planning services

• Clients consist of high net-worth individuals, families, and entities

• Fee-only firm compensated directly by clients

• Offices in Toronto, Calgary, Vancouver, Newport Beach and Boca Raton

Page 3: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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Our Team

Key Cardinal Point Personnel

James Sheldon, CEO and Investment Advisor

Owned and operated multiple successful small businesses over 34 years. Financial planner specializing in estate, tax, and investment planning for high net worth families and business owners both here and in the US. Co-founder of the CPWM group of companies.

Jeffrey Sheldon, Principal and Investment Advisor

Specializes in assisting Canadian and American families with their investment and financial planning complexities. Trained with some of the leading investment academics in the U.S. Co-founder of the CPWM group of companies.

Dan Walkow, Portfolio Manager

Registered Portfolio Manager in both Canada and the US with over 30 years experience. Dan manages the portfolios of our Canadian, U.S. and cross-border clients on a discretionary basis.

Terry Richie, Director of Cross-Border Wealth Management

Provides comprehensive Canada – U.S. wealth management solutions. Terry has been practicing in the areas of financial, investment, tax and estate planning for over 25 years. He also provides U.S. and Canadian tax preparation and planning services.

Page 4: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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Cardinal Point’s Cross-Border Planning

• Immigration planning

• Residency planning

• Exit and transition strategies

• Currency planning

• Securities regulations

• Taxation and estate planning

• Investment planning

• Insurance planning

Page 5: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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Advice versus Selling

• Are you an American or a dual citizen?

• Do you or have you ever had a green card?

• Do you own U.S.-based real estate or U.S. stocks with a net value of over $65,000?

• Do you have a life insurance policy?

• If a U.S. persons, do you hold Canadian mutual funds in a non-retirement account? (PFIC rules)

• Is your world wide estate greater than $5.25M?

If the answer to any of these questions is “yes”, further dialogue is required. For example, American and dual citizens will always be subject to U.S. yearly reporting and estate tax rules. Green card holders of 8 years or more may be considered to be “constrained”.

Page 6: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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Learn your Acronyms

• FBAR - Report of Foreign Bank and Financial accounts form TD F 90-22.1

• FACTA -Foreign Account Tax Compliance Act form 8938

• Form 8891 Return for Beneficiaries of Certain Canadian RRSPs

• Form 3520 and 3520-A Foreign trusts and foreign gift report

• Form 5471 – Information Return of US persons with respect to certain foreign corporations

Page 7: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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U.S. Estate Tax Calculations

• Canadian residents owning US based capital property (real estate and stocks) may be subject to US estate taxes.

• Estate tax rules are different from state to state and may not recognize the Canada – US treaty relief option

• Insurance is part of the gross up of the world wide assets of the deceased’s estate

Page 8: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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The Calculation (Federal)

• The calculation for a Canadian having a total gross estate of $6,000,000 with US based property is as follows:

• (US property/Total of World Estate)* Unified Tax Credit for the year at the time of death

• Our example ($600,000/$6,000,000)*$1,730,800=$173,080

• This will be deducted against the gross estate tax of, in this case $190,800 leaving a tax of $17,720

Page 9: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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U.S. Federal Estate & Gift Taxes (Unified Transfer Tax Rate

Schedule)

If Taxable Estate Tentative Tax Is

Is Over But Not Over Tax is Plus %Of Excess

Over$0 $ 10,000 $0 18% $0

10,000 20,000 1,800 20% 10,000 20,000 40,000 3,800 22% 20,000 40,000 60,000 8,200 24% 40,000 60,000 80,000 13,000 26% 60,000 80,000 100,000 18,200 28% 80,000 100,000 150,000 23,800 30% 100,000 150,000 250,000 38,800 32% 150,000 250,000 500,000 70,800 34% 250,000 500,000 750,000 155,800 37% 500,000 750,000 1,000,000 248,300 39% 750,000 1,000,000 and over 345,800 40% 1,000,000

Page 10: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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U.S. Unified Credit & Applicable Exclusion Amount

Each person has a unified credit which will reduce the amount of estate or gift taxes which must be paid. For 2013, this credit is $2,045,800 equivalent to having $5,250,000 of assets not subject to federal estate tax. Over the next few years, the unified credit will increase, as will the equivalent amount of estate assets not subject to the estate tax (the "applicable exclusion amount").

.

        Applicable Maximum    Unified Exclusion Tax

Year Credit Amount Rate2003 345,800 1,000,000 49%2004 555,800 1,500,000 48%2005 555,800 1,500,000 47%2006 780,800 2,000,000 46%2007 780,800 2,000,000 45%2008 780,800 2,000,000 45%2009 1,455,800 3,500,000 45%2010 Tax Repealed Tax Repealed Tax Repealed2011 1,730,800 5,000,000 35%2012 1,772,800 5,120,000 35%2013 2,045,800 5,250,000 40%

Page 11: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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Page 12: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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Calculation continued

• This may be wiped out by passing the assets to a spouse but will apply on generational transfer

• The takeaway here is that regardless of whether the client is subject to this potential problem, you need to make them aware of the problem

• They will need the advice of a cross-border accountant

• Titling the property properly will go a long way to mitigating this issue

Page 13: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

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In Closing

• U.S. estate tax for Canadian residents is a real and growing problem

• States do not follow Federal maximums

• Be aware of the 183 and 240 day rules

• Be aware of the probate rules for the states that your clients Snowbird in

• Seek the guidance of cross-border planning experts prior to having your clients purchase vacation properties

Page 14: U.S. Estate Tax Planning Helping to protect your clients Presented by James Sheldon CEO and Co-founder

Copyright © 2013 Cardinal Point Wealth Management, Inc.. All rights reserved.

The Cardinal Point Group of Companies comprises two legally and separately registered firms organized under the laws of its jurisdiction. Each is owned by its partners, shareholders, or similar individuals. Each firm enters into client engagements independently.

Cardinal Point Wealth Management, LLC is a U.S.-based, State of California registered investment advisor.

Cardinal Point Wealth Management, Inc. is a Canadian-based fee-only financial consulting firm specializing in financial planning, portfolio analysis, investment management consulting and on-going financial monitoring. We do not recommend or sell financial products of any kind. We charge our clients an annual fee based on the size of their portfolio. We collect no fees, commissions, bonuses, gratuities, or any other remuneration, whether financial or otherwise, except what we receive from our clients. We believe that this is the only way for us to remain completely unbiased. We are free from conflict of interest, and we work solely for our clients.