07/11/2023
πΌ Continuation: Death and Taxes Part 2 πΌ
In our previous discussion, we covered the importance of planning before death and the significance of having a will in place (referred to as "Death and Taxes Part 1"). Now, let's delve into the timelines, necessary actions to be taken after death, and the tax implications involved.
π Filing the Terminal Return: β
The terminal return, also known as the final return, must be filed for the deceased individual. β
All income earned until the date of death should be reported on this return.
β° Filing Deadlines: β
If the date of death falls between November 1 and December 31, the filing deadline is six months after the date of death. β
For all other cases, the normal filing deadline applies.
π° Payment Due Date: β
The payment of taxes owed is generally due six months from the date of death if it coincides with the tax return due date. β
In all other cases, the payment is due by April 30.
π‘ Credits that can be claimed: β
Non-refundable credits can be claimed on the final return. β
Medical expenses incurred within any 24-month period, including the date of death, may be claimed in the year of death. β
Donations made as per the will are treated as estate donations.
πΌ Registered Plans on Death (RRSP, RRIF, and TFSA): β
The fair market value (FMV) of the RRSP is deemed received immediately before death and is taxable on the terminal return. β
If the spouse is entitled to the RRSP as the named beneficiary, they can include the benefit in their tax return or transfer some or all of the inherited RRSP to their own RRSP while claiming a p.60(l) deduction and deferring the payment of tax. β
The Tax-Free Savings Account (TFSA) ceases to exist upon death, and all property within it is deemed disposed of at FMV before death. Income and gains accumulated before death in the TFSA are tax-free, while subsequent income and gains become taxable to the beneficiaries. β
The spouse can transfer TFSA assets to their own TFSA without affecting their own unused contribution room.
π Form TX19 - Clearance Certificate: β
The legal representative should file Form TX19 (Clearance Certificate) after receiving the assessment notice for the final return. β
This form serves as confirmation from the Canada Revenue Agency (CRA) that the estate's property can be distributed to the beneficiaries. β
Failure to obtain the clearance certificate may result in personal liability for the deceased person's taxes or those of their estate on the part of the legal representative.
π It's important to note that additional complexities may arise when there are multiple beneficiaries, making it advisable to consult a qualified professional to assist with terminal taxes.
π Remember, planning and understanding the tax implications of death can help ensure a smoother transition for your loved ones. Stay informed and seek professional guidance when needed.
#