Disability Buy-Sell Agreements

A detailed look at two ways to guard against potential liabilities when a significant shareholder becomes disabled.
Two strategies protect shareholders against the liabilities of another significant shareholder becoming disabled.
Criss-Cross Buy-Sell Agreement
- The agreement provides for a mandatory sale and purchase of an interest in the corporation once a shareholder has been disabled for a specified period.
- Shareholders own disability insurance on each other to fund the purchase.
- The agreement guarantees to purchase the disabled partner’s business interest throughout the policy’s payout period.
- Premiums are paid with after-tax income.
- Policyowners receive tax-free disability benefits.
- An allowable reserve can offset capital gains on the asset’s sale for a time if the entire proceeds are not collected upfront.
- Personally owned income replacement insurance is generally purchased in addition to the above coverage to provide an income (in addition to the buy-out benefit) to the disabled shareholder.
Corporate Share Redemption
- The agreement provides for the mandatory redemption of the shares once a shareholder has been disabled for a specified period.
- A taxable dividend, equivalent to the total amount of the purchase price, less the paid-up capital value of those shares, is deemed to have been received in the year in which the redemption of the shares takes place.
- The dividend is subject to the Dividend Tax Credit and the Alternative Minimum Tax rules.
- A lump-sum disability insurance contract owned by the corporation covers the funds required for the redemption.
- The corporation could pay out an amount in addition to the redemption value to cover taxes payable by the disabled shareholder.
- A promissory note can cover shortfalls in payment
Note: Life insurance taxation varies in accord with the strategies used by the life insurance specialist, changing legislation, and hiring an accountant to guide significant business strategies relative to succession or an estate.

You can designate the number of years it will survive, within permissible, legal limits. The trust becomes effective at the time the will is probated. The assets undergo the probate process and are therefore, exposed to creditors’ claims. If your intent is to avoid probate, a living trust would be a more suitable alternative.
Continuing success depends on leadership. Continued success may depend on the leadership of the founding owner. If the owner desires to retire in 10 or 15 years, succession planning may be necessary today. Have you made plans to sell, or to pass the company on to the children or another successor?
The company’s value can be reasonably pre-established with your input, as opposed to your executors and lawyers negotiating with Canada Revenue Agency (CRA) after your death. Ask your tax accountant how an estate freeze would affect your business and if this is the most viable option to consider when transferring or selling your business to your heirs.
You may choose from plan designs offering a range of coverage, including the following managed drug plan:
What are the benefits for your business? A well-designed group insurance plan tailored to your employees adds exceptional value to your total compensation package. Often the best employees view their benefit plan as a major reason why they stay with their current employer.
Extended Health Care benefits, also referred to as major medical benefits, are designed to supplement existing provincial hospital and medical insurance plans. The benefit provides for reimbursement of expenses and services not covered by existing government plans. Extended Health Care benefits can be divided into several categories which include:
When defining solutions that truly fit your business needs we will look at: