Executive Wealth Preservation

12 recent conference papers – over 300 pages or 110,000 words of original and exclusive writing which looks directly at the main topic areas of interest: family assets, insurance, personal finance, tax shelters and estate planning.

The papers were delivered at conferences held in Toronto during September, November and December 1995.

To purchase, please contact Federated Press.

Stephen W. Bowman and Todd A. Miller, McMillan Binch

ESTATE FREEZES

• Whether a freeze should be undertaken?: review
• Deferral of tax on post-freeze appreciation
• Capital gains exemption on qualified shares
• Income splitting
• Minimizing wealth taxes and probate fees
• Control and flexibility
• Section 85 and 86 conditions

M. Paul Tompkins, Tompkins Insurance Services Ltd.

SPLIT DOLLAR INSURANCE

• Overview of split dollar insurance
• Types of split dollar arrangements
• Tax consequences of different arrangements, numerical examples
• Split dollar life insurance; joint ownership
• Reverse and "paid-up" split dollar arrangements
• US position

Florence Marino, Manulife Financial

EXEMPT LIFE INSURANCE POLICIES

• Tax-effective wealth accumulation and preservation through insurance
• Current taxation of exempt policies
• Protecting dependents
• Funding capital gains taxes
• Business succession planning
• Innovative products: market survey

Clifford S. Nelson, Ricketts, Harris

ASSET PROTECTION TECHNIQUES

• Protecting assets upon marriage breakdown
• Protecting incorporated and private businesses
• Domestic contracts and unilateral actions
• Appraisals: the matrimonial home, trusts, gifts, insurance
• Estate issues, the estate freeze

Lindsay Ann Histrop, Aird & Berlis

INCAPACITY PRECAUTIONS

• Protecting the interests of elder clients
• Weighing the effectiveness of powers of attorney
• Continuing powers of attorney: property management
• Guardianship of property
• Powers of attorney for personal care: living wills
• Bill 19
• Powers of attorney in foreign jurisdictions
• Jointly held property
• Inter-vivos trusts and spousal trusts
• Wills

Christina H. Medland and Maureen Y. Berry, Davies, Ward & Beck

VALUATION ISSUES IN ESTATE PLANNING

• Latest developments in valuation
• Approaches to fair market value determination in freeze transactions
• Deemed disposition on death
• Transfers for inadequate consideration
• Buy-sell agreements
• Attribution rules
• Departure from and entry to Canada
• Valuation assistance

Lawrence A. Rotenberg, Lawrence A. Rotenberg, Barrister and Solicitor

WILL PLANNING – DEATH AND TAXES

• Impact on estate taxation
• Inter-vivos estate planning: gifting programs, living trusts, life insurance
• Single or multiple testamentary trusts
• Debt forgiveness
• "Probate" planning (Ontario)

John Zufelt, ScotiaMcLeod

NEW INVESTMENT PRODUCTS

• Assessing innovative tax-saving devices
• Fixed income innovations: rate riser GICs, stripped bonds, inflation indexed bonds, DIBs & TAPs, equity participation GIC strategies
• Stock innovations: equity index participation units, splitshare corporations
• Mutual fund innovations: delaying capital gains, limited partnerships, labour funds, RSP eligible international funds
• The self-directed group RSP
• Role of the investment advisor

Carl Spiess and Fiona Patel-Ali, ScotiaMcLeod

SELF-DIRECTED RRSP STRATEGY

• The self-directed marketplace: discounters, banks and brokerages
• Fees
• Investing for income
• Investing for capital appreciation
• Using mutual funds to build personal portfolio
• International investing
• RSPs versus pension plans
• Group RSPs: voluntary and structured, association, self-directed

Norman Bacal and Mark Judd, Heenan Blaikie

TAX SHELTERS IN THE 90s

• Limited recourse financing rules
• Limited recourse amount and at-risk adjustment
• Effective restrictions
• Statute of limitations
• Compliance
• Transitional provisions

William E. Crawford, Ernst & Young

RETIREMENT ALTERNATIVES FOR SENIOR MANAGEMENT

• Individual pension plans
• RRSPs: restrictions, transfers to an RRSP
• Stock option plans, phantom stock plans, alternative designs
• Retiring allowances
• Retirement compensation arrangements
• Salary deferral arrangements
• Post-retirement benefits
• Relocation allowances

Martin J. Rochwerg, Davies, Ward & Beck

INTERNATIONAL TRUSTS IN ESTATE PLANNING

• Taxation of domestic trusts, non-resident trusts
• The US grantor trust: estate tax restrictions
• Cross-border tax enforcement
• Asset protection
• Foreign trusts: Hague Convention, conflict of laws, choice of jurisdictions