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It may not always be clear whether you should treat your investment pro ts and losses as capital or income Where possible, you ll want to argue that your pro ts are capital gains and your losses are business losses Document your reasoning and be consistent from one transaction to the next
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Tim s Tip 52: Claim a capital gains reserve to spread your tax bill over time
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Ah, yes, one of the mysteries of the universe how to avoid tax on capital gains when an asset has appreciated in value It s not an easy question to answer I wish more magic were available here Your best bet in this situation may be to push the expected tax bill as far off into the future as possible You can do this simply by not selling the asset But if you re determined to sell, you can at least minimize the tax hit by spreading it out over a maximum ve-year period You see, the tax collector will allow you to claim what is called a capital gains reserve a deduction when you have sold something at a pro t but have not yet collected the full amount of your proceeds from the sale
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isa decided last year to sell the family cottage She had bought it for $75,000 and was offered $175,000 for it a $100,000 profit she couldn t
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refuse She wasn t able to shelter this $100,000 capital gain in any way, so she decided to take payment from the purchaser over a five-year period $35,000 each year This way, the capital gain was not taxed all at once last year Rather, Lisa will pay tax on the gain over the five-year period she ll report just $20,000 each year She reported the full $100,000 capital gain last year, but claimed a capital gains reserve for 80 percent (four-fifths) of the gain The gain will be taken into income slowly over five years You ll have to take any capital gains into income at a rate not less than 20 percent (one- fth) each year If you re not keen on the idea of taking payment over ve years because you re giving up use of the proceeds today, there s a simple solution: Build an interest charge into the selling price so that you re compensated for the time delay in collecting payment For example, Lisa could have collected, say, $37,500 each year rather than $35,000 for a total selling price of $187,500 The additional $2,500 each year is like interest income, but the good news is that it should be taxed as a capital gain (only one-half of capital gains are taxable) since it s built into the selling price!
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It s very dif cult to avoid paying tax on accrued capital gains on assets you own Your best bet may be to push the tax bill as far into the future as possible A taxable capital gain can be spread out for up to ve years by taking payment of the proceeds over an extended period This is called a capital gains reserve
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Tim s Tip 53: Consider investing to earn eligible dividends for big tax savings
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Some big changes were introduced in 2006 that will impact Canadian investors for years to come By way of background, the federal government has been concerned about the amount of money being invested by Canadians in income trusts Why Because income trusts can result in a signi cant deferral of tax for investors (see Tip 55 for more) To stem the ow of money invested in income trusts, the federal government proposed to equal the playing eld between income trusts and publicly traded shares so that investors may be less inclined to invest in income trusts and more inclined to invest in shares What did the feds do They proposed to reduce the tax rate on eligible dividends from certain Canadian companies At the time of writing, draft legislation has been released to implement these changes, but the new rules have not yet received royal assent Still, the rules will be enforced by CRA just the same So let s look at them
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