What options does Buy-Sell Insurance give business owners?

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When a co-owner/partner dies, the surviving business owners usually have five options in dealing with the deceased owner’s business interest:

1.   Buy-out the heirs of the partner with Life Insurance proceeds: This is usually the most preferred option. After all, the surviving owners/partners know how to run their business. It usually makes sense to buy out the heirs who are not engaged in or lack expertise in the business and carry on business from there.

2.  Keep the heirs in the business.  This would only be advisable if the heir was actually involved in the business for some time, or has skills that can advance the cause and profitability of the business.

3.  Take on an outsider who purchases the deceased’s business interest. A good buy-sell agreement can circumvent the need to have an outsider buy into your business if that arrangement would harm the current business partnership or the business. In some cases an outsider may already have an investment in, have expertise in, or a common business goal with your company that would mutually benefit everyone in the business. In this case, advance planning could allow such an individual to be part of buying side of the buy-sell agreement. The same individual may need to be a beneficiary on the insured lives of all the partners, in tandem with being written into the agreement.

4.  Selling to the heirs may be an option. This may be an option when some of the heirs are involved and successful in the same line of business with primary senior family members of the earlier generation who began your business. In this case the considered heirs, should receive funding from the proceeds of a well-planned fund to cover capital gains taxes, and fund operations, and pay for the owners shares.

5.  Liquidate the business or sell it to a third party. If this is the main goal, it is wise to involve discussions with the potential buyer long before one dies. If the business is large you may need to hire a firm that specializes in valuing and selling businesses. It is wise to estimate your capital gains exposure and cover any tax liabilities, as well as redeem business debts with the proceeds of life insurance which can be paid out tax-free.

In most cases, option #1 offers the business owners the best choice, with a small expenditure to buy life insurance that makes a payment to heirs with the use of a buy-sell agreement.

A financial strategy is essential for a secure future

When making a plan for anything in life, choosing a career, getting married, buying a car, we must spend hours going over lists as we determine priority and timing. We must have clarity as we develop our essential plan. In his famous book, Essentialism, Ewen McKeown suggests that while sorting out priorities, we must decide what not to do while we are working on what we must do, and that  “When we really have clarity of purpose, it leads to success”. (Ewen has the third-highest following on LinkedIn so he knows something about priorities)

A good financial strategy is multi-faceted. That is why it needs to be developed and governed by a credentialed financial advisor. In his latest best-seller, “The Total Money Makeover”, Dave Ramsey notes: “Build wealth. Invest and enjoy counsel from advisers with a proven track record. ‘Even the Lone Ranger had Tonto'”.

Here are some priorities to achieve financial security – priorities that one must organize well:

  1. Have emergency funds on hand Save at least $1,000 cash and aim to build this up to $5,000. This can come in handy for any emergency that comes as a surprise.
  2. Eliminate all your bad debts List your credit cards, smallest to the largest balances–then pay off these debts, from the smallest to the largest, regardless of interest or amounts, one at a time. Make minimum payments on the rest. This will encourage you as you see each card is paid off.
  3. Save for a home downpayment Save for a down payment or cash purchase of a home. If you have a home, aim to pay down the mortgage, especially now when interest rates are low.
  4. Pay yourself first Invest 15-20 percent of your before-tax income in retirement. Ramsey from his book The Total Money Makeover, notes “Only people who like dog food don’t save for retirement”.
  5. Save for your children’s college education. Your child can’t get much of a job these days without an education though it is not necessary if he or she creates a great business. However, not everyone is Bill Gates or Steve Jobs.

Source: The Total Money Makeover. Dave Ramsey | Essentialism, Ewen McKeown

Living Will: Advanced Medical Directive

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The Living Will (or Advance Medical Directive) is a document in which you state your wishes regarding the continuance or refusal of extreme medical care, or just how much life support intervention you want prior to death as you age or if you become seriously ill. It comes into play only if and when you cannot make those decisions yourself. If you become incapacitated, with no possibility of recovery from mental or physical disability, would you prefer to live or die? This hard question, once answered, will determine the directives you set forth in your Living Will.

How to talk about dying An article in the New York Times by Ellen Goodman, How to Talk About Dying, looked at this question in retrospect from a child’s perspective recalling her own mother’s health decline:

Yes, my mother and I talked about everything — but we didn’t talk about how she wanted to live toward the end. The closest we ever came to discussing her wishes was when she would see someone in dire straits and say, “If I’m ever like that, pull the plug.” … Gradually and painfully, my mother lost what the doctors call “executive function,”… Eventually, she couldn’t decide what she wanted for lunch, let alone for medical care.

The same person that you are today, or you know today such as a parent, may not be able to make both financial and health care-related decisions due to a decline in health. You can decide in advance what medical treatments and care are acceptable and for how long. For example:

• If you heart stops or you stop breathing do you want to be resuscitated?
• If terminally ill, do you prefer to stay at home or be hospitalized?
• Is special care or medicine for a rare disease affordable?
• Is owning Long-Term Care (LTC) or Critical Illness insurance important to your future well-being as you age or if you become critically ill?

Everyone over age 18 should have a Living Will

Many government jurisdictions are writing new laws recognizing Living Wills. Even if not yet legally binding, a Living Will allows you to indicate your wishes providing guidelines for your family physician, family members and friends—those who would be asked to make health care decisions on your behalf.

Formulate your Living Will with a lawyer (or on your own) and discuss it with your potential decision-makers. Give each of them a copy, updated when necessary, for reference. Have at least two of them witness each copy.

The Living Will alleviates the heavy burden of a son or daughter or sibling, deciding to allow a loved one to die. By setting forth your request in advance with a clear mind, you intentionally share in that great responsibility, thus lessening any feelings of fear, guilt or indecision that these people may have to face. In the same article mentioned above, Ellen Goodman reflected on her mother’s situation in light of historic health decisions and recalled her earlier statement about what she didn’t want to endure:

In some recess of my mind, I still assumed that death came in the way we used to think of as natural. I thought that doctors were the ones who would tell us what needed to be done. I was strangely unprepared, blindsided by the cascading number of decisions that fell to me in her last years….I had to say no to one procedure and yes to another, no to the bone marrow test, yes and yes again to antibiotics. How often I wished I could hear her voice in my ear telling me what she wanted. And what she didn’t want.

Ellen’s reflections may help us think about our own reality, our own health care directives which in most cases can’t be thought out if someone is mentally incapacitated, or if an emergency health crisis ensues – then it may be too late – when the burden falls on our loved ones.

My own sister, a nurse, felt she had to make the right decisions to keep my own beloved mother alive. More than once she was faced with the frightful case of dialoguing with doctors about reviving my 81-year-old mother, who had taken a serious fall causing internal bleeding of the brain. Mother went through three years of being in several hospitals, then and Long Term Care homes. I vividly recall mom saying of a woman who sat muttering incoherently in her LTC home, in her own humorous words: “if I get like that, let me go”. I agree with Ellen Goodman’s statement:

When my mother died from heart failure and dementia, I began to talk with others. It was extraordinary. Everyone seemed to have a piercing memory of a good death or a hard death. Some of these stories had been kept below the surface for decades, and yet were as deep and vivid as if they’d just happened…Too many people we love had not died in the way they would choose. Too many survivors were left feeling depressed, guilty, uncertain whether they’d done the right thing…The difference between a good death and a hard death often seemed to hinge essentially on whether someone’s wishes were expressed and respected. Whether they’d had a conversation about how they wanted to live toward the end.

Talk to your life insurance advisor about Long Term Care, which is appropriate for your advanced medical directives. Also, talk to your lawyer about creating a Living Will to develop advanced medical directives while you are coherent and able to do so. Then let your loved ones know your wishes and give them a copy.

by Glen Jackman, Editor of Adviceon Media, copyright of Adviceon

To every life season plan for change

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We will help you plan your financial needs throughout your lifetime. Your most valuable asset is your healthy ability to earn an income. By helping you select the right combination of life and disability insurance protection and wise investments, we can help you achieve financial success. When you have a mortgage or other large loan, term life insurance or critical illness insurance offers cost-effective ways to cover your outstanding debt if you die or suffer a critical illness.

Family Stage

• With children, your needs change –and reviewing your financial security plan is wise. RESPs offer an excellent vehicle to plan for your children’s educative future, and a low-cost life insurance policy can build cash for school.

Empty-Nest Stage

• When your children go to school or move out independently, it may be time to travel and enjoy your marriage. Perhaps you have wanted to visit Rome or take a university course. We will help you achieve these mid-life goals.

Retirement Stage

•When you’re 50 plus, you may want to partially or fully retire. We will help you assess your options.

Should every adult have a Living Will?

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The Living Will (or Advance Medical Directive) is a document in which you state your wishes regarding the continuance or refusal of extreme medical care. It comes into play only if and when you cannot make those decisions yourself. If you become incapacitated, with no possibility of recovery from mental or physical disability, would you prefer to live or die? This hard question, once answered, will determine the directives you set forth in your Living Will.

Consider the following:

  • The same person may not be able to make both financial and health care-related decisions.
  • Decide what medical treatments and care are acceptable and for how long.
  • If you heart stops or you stop breathing do you want to be resuscitated?
  • If terminally ill, do you prefer to stay at home or be hospitalized?
  • Is special care affordable? Do you own Long-Term Care (LTC) or Critical Illness insurance?

Many government jurisdictions are writing new laws recognizing Living Wills. Even if not yet legally binding, a Living Will allows you to indicate your wishes providing guidelines for your family physician, family members and friends—those who would be asked to make health care decisions on your behalf.

Formulate your Living Will with a lawyer (or on your own) and discuss it with your potential decision-makers. Give each of them a copy, updated when necessary, for reference. Have at least two of them witness each copy.

The Living Will alleviates the heavy burden of deciding to allow a loved one to die. By setting forth your request in advance with a clear mind, you intentionally share in that great responsibility, thus lessening any feelings of fear, guilt or indecision that these people may have to face.

 

 

How Estate Taxes reduce your heirs inheritance

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These Estate Fees and Taxes can Reduce an Estate’s Value:

Probate Fees These fees (now to be called Estate Administration Fees (EAT) in Ontario) are essentially taxes charged by the provinces for confirming that a will is valid, and the executor has the authority to act, referred to as “Letters of Probate” (essentially a tax on your estate). Probate/EAT fees and taxes could be as high as 1.5% of your estate limited only in Quebec, Alberta, and the Territories.

Deferred Sales Charges (DSCs) at Death Generally no charges are applied to Segregated Fund and Term Fund policies at the time of death.

Legal and Executor Fees Legal and executor fees range from 3% to 6% of the estate. These fees are paid to the executors who are responsible for many complexities such as locating the will, arranging the funeral with the family, assessing and determining names and addresses of beneficiaries and next of kin, finding the assets and liabilities, and tax return preparation.

Accounting Fees Significant estates can be very complicated. Thus, an accountant may need to file the final tax returns to ensure the orderly transition of assets and reduction of liabilities for the Executor/Trustee. An accountant’s fees can run upward to another 6% of the total assets.

Life insurance policies, segregated fund and term fund policies with a named beneficiary, do not form part of the estate and are not subject to any executor, legal or trustee fees because these proceeds are distributed directly to named beneficiaries. This means the accounting fees can be reduced during the estate’s assessment.

Note: Registered investments bypass probate. This may not apply in certain provinces, and advice should be sought from a tax specialist and/or an advisor.

The Joy of Planned Giving

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For centuries, people have made efforts to help the less fortunate. The singer of U2, Bono, has been involved in many issues throughout the years and supports erasing Third World debt to wealthy countries. Michael Jordan is involved with a variety of charities including the Boys & Girls Club of America, UNCF/College Fund, Special Olympics and organizations that support children and families. Bill and Melinda Gates focus on areas dedicated to improving people’s lives by advancing health and learning efforts in the global community.

You do not have to be famous and wealthy to get involved — everyone can! For a small monthly, tax-advantaged donation of $25 to $100, you can help a child through an NGO such as World Vision. There are many such Non-Government Organizations (NGOs) that help people worldwide when and where disaster strikes.

Planned Giving

Planned giving raises funds through a program of arranging regular systematic donations to serve the interests of a registered charity that best suits the personal, financial and tax situation of an individual donor. Via planned-giving programs, registered charities seek to attract substantial gifts by presenting potential donors with information and advice. You can include the following is your planned-giving program: bequests, annuities, life insurance policies, and residual interests or charitable remainder trusts. Segregated funds work well because they can guarantee the invested capital (plus any growth) upon the death of a donor.

Charitable remainder trust.

A charitable remainder trust involves transferring property into a trust whereby the donor retains a life interest in the property but makes an irrevocable gift of the residual interest to a registered charity. A registered charity can issue an official donation receipt for the fair market value of the residual interest in the property at the time that the residual interest vests to the charity.

How to donate a life insurance policy to a charity.

When an individual absolutely assigns a life insurance policy to a registered charity and makes the charity the registered beneficiary of the policy, the charity can issue an official donation receipt for the cash surrender value of the policy at the time of donation and for the subsequent payment of premiums.

RRSP as an enduring property.

Under the Income Tax Act, a charitable donations tax credit can be claimed on a deceased individual’s return for a donation via a direct distribution of his or her proceeds to a qualified donee who is the designated beneficiary of a registered retirement savings (or income) plan (RRSP/RRIF), a registered retirement income fund (RRIF), or a life insurance policy. Under the Act, a gift received by a registered charity by way of direct designation is a gift of enduring property.

Donating a Registered Pension Plan (RPP).

An individual can designate a registered charity as their beneficiary of a registered pension plan. A charity can issue an official donation receipt for lump-sum pension benefits paid to the charity.

Note: Ask your Advisor if any legislation has changed this.

Charitable Giving using Life Insurance

CharityGenerosity is for everyone. All it takes is a willing spirit and the courage to be used for something greater than ourselves.

Permanent life insurance is a cost-effective way to make a much more significant contribution to the charity of your choice than would otherwise have been possible. Gifting a new policy or an existing policy can help the charity of your choice. Determine what charity aligns with your life purpose and will bring you the most satisfaction.

There are two effective methods to achieve this. One is an outright gift of a life insurance policy, making the charity the policy owner. The second is gifting the death benefit proceeds while you retain ownership.

1. Making the charity the owner of a life insurance policy

This strategy also side-steps some potential problems if such a legacy is made via your estate.

  • You purchase a policy on your life, making the charity the owner and beneficiary.
  • Only the charity can change the beneficiary.
  • The charity as the established owner of the policy mitigates any dispute over ownership by other heirs once you die.
  • You make donations to the charity that then pays the premiums.
  • You can receive a tax break for the premiums you’ve paid via the charity.
  • The charity receives all of the death benefit proceeds when you die free of tax.
  • The benefit payout cannot be contested, taxed, or claimed by your creditors.
  • The capital death benefit guarantees payout to the charity, and in some cases, the death benefit may grow over time. The death benefit is paid tax-free to the charity of your choice.

The tax benefits while you are alive When the charity owns the policy, under Canadian tax legislation, you can receive a tax break for the premiums that you’ve paid during your lifetime, insofar as they are made after the charity owns the policy. In addition, you can receive a tax receipt for the fair market value of any cash value of the policy when you donate an existing policy. There are no further tax deductions in your estate (on your last tax return done by your executor after your death).

2. You own the life insurance policy

In this strategy, you own a life insurance policy on your life, while the charity receives the full proceeds of the policy upon your death.

  • You own the policy.
  • You have access to any cash value of the policy, if necessary.
  • The charity is the beneficiary though you can change it.
  • Other claimants, such as a creditor, may challenge the right to the proceeds.
  • Tax benefits to the estate (your final tax return) may apply for some of the policy proceeds after your death. Note: Discuss with your tax advisor.

As the policy owner, you can change beneficiaries and have full access to any accrued cash value over your lifetime. The proceeds from the death benefit are not subject to probate nor estate administration fees, nor will the gift be on the public record.

When a charity is the designated beneficiary of a life insurance policy on your life, the charity receives the proceeds of the death benefit upon your death. Your tax advisor can advise you if the tax-free benefit paid to the charity, as the beneficiary, generates any disposition to your estate (as it would on an owned asset such as a gifted cottage that has accrued value over time).

The tax benefits to your estate after your death The charity will issue a charitable receipt for the entire amount paid to them in the year of your death. The entire capital created at your death, referred to as the death benefit, will account for a charitable donation on your final tax return prepared by your executor.

Note: Your tax advisor can assess any tax due in the estate for cash values accrued according to changing tax law.

Gift-of-insurance-policy

Life insurance can be part of an ongoing charitable gift plan or offer your estate a significant tax break when the death benefit pays out to the charity.

David Toycen sums up the importance of our gifts to charity: If I am generous to someone, that person will likely be generous to someone else. There is an argument to be made that the universe was created to operate this way.

Ask your life insurance or tax advisor to guide you in strategically setting up a charitable life insurance policy to enable the best possible tax savings.

1, 2 The Power of Generosity, Dave Toycen. Pres. World Vision, Canada, (Harper Collins Publishers, 2004)

Perspective on how we perceive time to invest

In his book, the neuroscientist Dr Daniel J. Levitan indicates why our time remaining to invest may pass by faster as we age than when we were younger. He explains “that our perception of time is…based on the amount of time we’ve already lived.” The Organized Mind, (Penguin Canada Books, Toronto, 2014)

Time from a financial perspective

Dr Levitan’s observation may apply mainly to the anxiety people experience as they age. As the time to retirement shortens, some may begin to fear that they might not have saved enough for retirement. Procrastination takes its toll on compounding investment gain potential. When looking at an average retirement age of 65, the two tables in this article reveal the profound truth about the dwindling of time and the shrinking opportunity time remaining to invest as we age year by year.

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Graph Source: Adviceon©

Time offers the opportunity to create wealth.

We must sincerely acknowledge the fantastic opportunity investment time provides the investor. Most people have had lots of time within which to invest. At age 35, we cross over the halfway mark of the time remaining to invest our hard-earned income to the age of 65; at age 45, approximately only one-third of our time is left! Please look at the shrinking opportunity of time in the second table, which shows how the availability to have compound gains working for you drastically decreases as time passes.

Some parents begin wisely investing for their children right after birth and get time to work on their side early.

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Graph Source: Adviceon©

Why does investment opportunity time get lost?

Greed and fear work against investing. Many people get caught up in timing the market when influenced by either of the two emotions, greed or fear. Here’s why this never works. First, desire compels people to buy when the stock market (and potentially a fund unit value) is higher. Conversely, fear causes many to sell when the stock market’s value (and possibly a fund’s unit value) is lower.


When you can’t seem to begin investing, make regular investments in promising companies to benefit from a method referred to as dollar-cost averaging (DCA) to level out the peaks and valleys of the market by purchasing at regular intervals. If the value of shares in a fund decreases, you buy more units. Conversely, if they go up, you buy less. Time spent invested in the market, not timing the markets, counts.

Don’t just look at an investment fund’s most recent performance. Instead, look for long-term investment performance over one, three, five and ten-year periods. Moreover, make investment decisions with the help of a professional advisor who has access to investment managers.

Sure-Fire ways to invest for a rewarding life

Here are several tips to contemplate before investing in a mutual fund:

1. Eliminate the unreasonable desire for get-rich-quick profits. No one gets rich overnight after purchasing mutual funds. However, many people may get rich investing in them over the long term (at least 5-10 years). Equity funds (those holding stocks) are affected by the stock market when the market is gaining and when it is depreciating.

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2. Identify your investment goals. Will you be saving for your child’s education over 15 years, or investing for retirement over 5, 10 or 20 years? Don’t buy a fund just because it has skyrocketed in value during any one period. Instead, choose the fund most suitable for your investment purpose. For example, keep short-term investments liquid if you put money away for an emergency (it is advised to save three months of income for costly emergencies). You can use a money market fund for this saving, not an equity fund. Consider using equity funds for a more extended investment period of 5-10 years. 

3. Invest in several types of funds. Don’t put all your money in one fund basket. A well-rounded fund portfolio utilizes several investment types of securities: equity, balanced, bond, and money market funds, for example.

4. Maximize your tax savings. Register a mutual fund investment (to create an RRSP) if you do not yet own an RRSP. Contributions are tax-deductible in relation to your taxable income, and the investments grow tax-deferred.

5. Position your fund investments. The best place for retirement investments that accrue interest or generate high returns is inside your RRSP because the income on these investments won’t be taxed year by year. Thus, you will gain the advantage of the total yield without the tax on interest-as-income. If you earn 5% and pay 40% in tax, you’ll only get 3.0% in a non-sheltered, non-registered investment (in the RRSP, you’ll get the full 5%). Consider placing mutual funds that accrue capital gains and pay dividends over fewer taxable distributions in a non-registered vehicle or a Tax-Free Savings Account (TFSA).

6. Invest in yourself first. The advantage of owning mutual funds is that you can establish a plan where the money is automatically taken out of your bank every week or month and invested (by purchasing fund units). You probably won’t miss this portion of your pay; try to invest 10-20% of your paycheck using this method.

7. Take investing seriously. Investing is that act of life whereby you put away today what you will need tomorrow.