The Commerce Journal,Business and Local Businesses
*The Commerce Journal>>>Canada Taxes

Can I place assets in my spouse's name to avoid Canada Revenue's callous hand?


Can I place assets in my spouse's name to avoid Canada Revenue's callous hand?

Assets can be placed in anyone's hands, but a little more information is needed to answer your question.

If the asset is a capital asset, whoever owns it will pay taxes on the disposition (capital gains) should there be an income. The only difference is that your spouse may be in a lower tax bracket than you, thus the ultimate tax bill will be lower.

If these are work/business related assets, by placing the ownership in someone else's hands will cause a few accounting problems (and ultimately tax problems) in the business's books and records.

in most cases you cannot transfer assets to defer taxes. CRA works very hard at closing all those loop holes. Your best bet would be to work with an experienced tax professional (and make sure you ask for one)

If you are in a situation where you already owe, or will owe taxes for this year, and you transfer an asset to your spouse without receiving FMV for it, CRA will just raise an assessment against your spouse and collect the debt from them. You can't pretend to receive FMV, either - they will check into whether the supposed consideration is a sham or is legitimate. Your spouse will definitely not thank you for putting them into such a situation. Subsection 160(1) of the ITA and subsection 325(1) of the ETA apply to these transers.

As another poster mentioned, there are also other rules in the ITA about non-arm's length transfers of assets, and the income resulting from those transfered assets often ends up being taxed in your hands anyway. Have a look at subsection 74.2(1) of the ITA for details of that situation.

Tags
  Spain Taxes   Singapore Taxes   Mexico Taxes   Ireland Taxes   India Taxes   Germany Taxes   Canada Taxes   Australia Taxes   Small Business   Renting & Real Estate
Related information
  • Do I have to pay for a tax if I bring a custom-built computer into Canada?

    Yes, you'll have to pay the tax.

    ...
  • Can some one tell me about benifits, rules or any info on tradespersons (flooring installers) charging GST..?

    If his gross income is over $30,000, he will not be a small supplier, and then MUST register and charge GST. Below that amount, he can register on his own. Once he registers, he has to charge, an...

  • If I purchase a video camera from the US and the purchaser ships it to me in Canada, how much duty will i pay?

    You will have to pay PST and GST on the item. Its important to see how the seller will be shipping the item. If its via USPS (United States Postal Service) - Canada Post will only charge $5 for...

  • Deductions?

    I use the Payroll deductions online calculator from the CRA website. ...

  • Common law in Canada?

    You had received really bad tax advice. In the eyes of the CRA you should have been common law on your 2006 taxes. Your accountant should be making advice based on tax law, not the the probabilit...

  • Tax Percentages?!?

    As long as you are asking specifically Income Tax based on the amounts you provided with no other variables..... $200,000 * 13% = $26,000 $70,000 * 10% = $7,000

    ...
  • Buying House in Canada: Should I self own, or set up a holding company?

    I guess the answer depends on where you are a resident. If you are a cdn resident and intend to live in the house then hold it personally as the gain on the eventual sale would be sheltered by the...

  • What is the GST and PST rates for Quebec?

    6% GST like everywhere else and 7.5% PST. Intersting to note that the PST applies to the GST as well so an item costing $100 after tax is not $113.50 but $113.95. ie you pay the 7.5% on the 1...

  •  

    Commerce Categories--Copyright/IP Policy--Contact Webmaster