How to hand down your cottage while keeping the peace and saving money
By Penny Caldwell
Published: July 30, 2018
Nothing is sure but death and taxes. Ben Franklin said it centuries ago, but it’s never been more relevant than now for the aging cohort of cottagers preparing to transfer ownership to the next generation. “If you’ve got time and some creativity, and you are dealing with advisors who have done it before, then it’s straightforward,” says Jamie Golombek, the managing director, tax and estate planning with CIBC Financial Planning and Advice. “The problem is if you haven’t done any planning, and someone dies, then there’s a tax bill to pay right away. Where’s the money going to come from?”
Where indeed? But finding the money for taxes is only one part of a sound succession strategy. With planning, you can also ensure that the cottage stays in the family and that it goes to the children who really want it. You can lessen the capital gains tax hit or even postpone it for generations. You can reduce or avoid costs such as the estate administration tax (also known as probate fees). And you can protect the cottage from financial or marital claims, a concern that’s top of mind for many parents. Finally, and perhaps most important, you can put a cottage sharing agreement in place that provides a framework for solving multi-owner conflicts.
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Strategy #3: Take out a mortgage or life insurance
Another option to discuss with your family is to gift or sell the property to the kids and have them take out a mortgage to fund the capital gains tax and/or the cost of purchasing it from you. Sharing mortgage payments on a cottage property may be an affordable alternative to the high price of a house in the city, and they may be able to designate the cottage as their principal residence.
Similarly, parents can take out a life insurance policy, payable on death, to cover the capital gains tax. “It is one of the few scenarios when I recommend life insurance,” says Tara Benham, a partner in tax with Grant Thornton on Vancouver Island. “And I recommend that the beneficiaries pay for the life insurance.” The cost of life insurance will depend on the age and health of the parents, but if several children will inherit the cottage, splitting the cost of the premiums is likely to be less expensive than eventually paying the tax.
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