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ERTIFIED GENERAL ACCOUNTANT
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Port Moody, BC
V3H 2P5
Phone: 604-469-3733
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The first rule of a Professional Accounting Practice ...

"Nobody is in a rush for the wrong answer."


- "Take advantage of every tax vehicle that you can, as long as the vehicle is a good investment in its own right." -


- "Real charity does not care if it is deductible or not." -


- "Be committed to your partners' well-being, and they'll be committed to yours." -

 


- "You have to be humble enough to make sure you don't get caught up in your own hype." -


 

 
 


| Taxation of Deceased Persons |

   
What Must Be Done...

The legal representative of the deceased (usually the executor) is required to:

  • File the final return of the deceased
  • Ensure that all the taxes owing are paid
  • File any returns for previous years that have not been filed
  • Cancel the deceased’s Social Insurance Number

Tax Tip: If the deceased person was paying tax installments, you do not have to continue paying them after death – provided the necessary installments were paid up to date.

When This Must Be Done...

The final tax return and taxes payable are due on or before:

  • Date of Death January 1 to October 31 - April 30 of the following year
  • Date of Death November 1 to December 31 - Six months after the date of death

What Documents Are Required...

  • Certified Copy of the death certificate
  • Certified Copy of the will (or other document that names the legal representative)
  • Certified Copy of the letter of probate List of all the assets and liabilities of the deceased
  • Copy of the last tax return filed and the notice of assessment
  • Documents supporting all income earned in the year (T3, T4, T4A(P), T4A(OAS) and T5 slips, investment statements, capital gain and rental income details, etc.)

What Income Is Taxable On the final (terminal) return, report all of the income from January 1 to and including the date of death; taxable income includes:

  • All employment, business, investment and property income earned in the year
  • All RRSP's and RRIF's at fair market value (spousal transfers are generally tax deferred)
  • Gains/Losses resulting from the Deemed Dispositions of all property owned by the deceased

What Income Is Non-Taxable...

  • Gains on principal residence (provided there has not been a change in use)

  • Qualifying death benefits up to $10,000 (excluding CPP death benefits)

Tax Tip: CPP Death Benefits are not reported on the deceased’s final return. They are reported either by the recipient or by the deceased’s trust.

What Expenses Are Not Deductible...

Personal expenses are not deductible; they include:

  • Funeral expenses

  • Probate fees Fees paid to administer the estate

  • Other Considerations

On the final return, special rules apply to the following:

  • Medical expenses

  • Charitable donations

  • Loss carry backs

Tax Tip: If a person dies early in the year and before filing the previous year’s return, the due date of that return and the balance owing is extended from April 30th to six months after the date of death.

 


 Why A Clearance Certificate Is Beneficial...

A clearance certificate certifies that all amounts for which the deceased is liable have been paid; it covers all taxation years up to the date of death. If a clearance certificate is not issued, the executor can be held liable for any amounts that the deceased owes. Note: A separate clearance certificate is required to cover any taxes owing by a trust.

 

      © 2009 TW Hawes, Inc.  - Last Updated 09/24/2009