Sharing the Hoard With Your Mate to Build the Foundation for Intermediate-Term Income Splitting

Making money to build your nest egg is similar to how a dragon grows its hoard of jewels, gold, magical items, and skulls of vanquished foes. It takes having some treasure to grow more. In the case of a dragon, a large pile of treasure attracts brave adventurers who usually bring with them more treasure to add to your pile and more bones to lay on after having a quick meal.

The hobbit, Trodo Baggins, seen sneaking into the dragon’s treasure chamber in The Desolation of Smaug.

The problem with accumulating a mountain of treasure is that it gets harder to defend from the sneaky little creatures that will inevitably come and nibble away at the edges. Hobbits are famous for this. They are stealthy, have hairy feet, and live a generally leisurely life that revolves around multiple meals per day, smoking weed, and living off of the bounty of the Shire. Any resemble to real persons is purely co-incidental.

It is much better to divide up your hoard with a mate to make it easier to grow and defend. Intermediate-term income splitting strategies are aimed at evenly distributing income between partners in the years before turning age 65 to minimize the drag of taxes on both building up the treasure hoard and drawing upon it also.

These techniques revolve around building up an investment portfolio to generate income taxed in the hands of a lower income spouse. One method is with spousal RRSPs, as just reviewed. However, those with a larger portfolio may need more room than an RRSP can provide. Plus, there are some tax advantages to using TFSAs, Corporate,¬† and non-registered “taxable accounts” as part of your comprehensive investment plan.

In this post, we will discuss:

  • Whether you need to consider intermediate term income splitting strategies
  • A brief overview of the attribution rules.
  • How to build the foundation for intermediate-term income splitting by maximizing your lower income spouse’s investment capital.

When should you consider an intermediate-term income splitting strategy?

  • If your income and your spouses’ income now are in radically different marginal tax brackets during your asset building years.
  • If your projected income in retirement will put you in radically different marginal tax brackets as you draw from your nest egg. It is important to consider any work pensions that the lower earning spouse may have. This is most important if you plan on retiring before 65, since after 65, the income splitting via pensions, RRSPs, and CCPCs (professional or private corporations) becomes easy again. Unless they change the rules again – I am personally not taking anything for granted on that aspect because the demand for tax revenue is going to increase along with strain to fund the entitlements of the population for government services and supports.
  • If you anticipate the need for more money than your RRSPs and CCPCs will provide to fund your retirement lifestyle. This is becoming increasingly important for professionals since our earning years often start later, meaning that we need to have a high savings rate to generate a retirement fund over a more condensed career span. The amount that we can save in RRSPs is truncated both by fewer income earning years and a cap on the maximum annual contribution allowed being well below 18% of our incomes. This hits especially hard if you plan to “retire early”. The amount that we can save in a CCPC will also likely be capped (the latest proposal is at about ~$1M, but the final legislation is not out yet). The other factor is spending, and we may need sizable portfolios to fuel the lifestyle that we have worked hard to achieve and have grown accustomed to. To achieve that size, you will likely need a taxable investment account and you will want it taxed at the lowest rate possible.

Does income splitting your taxable investments matter?

Let’s look at a quick example. Say, you are a specialist physician and drawing an income of $400K/yr while your spouse makes 50K/yr. You use up your tax sheltered accounts to hold your tax inefficient bonds part of your portfolio. You are building some money in the corporate account, but will hit the proposed passive investment limits in short order. Being proactive, you also invest 50K/yr in a taxable account in an ETF tracking the TSX earning average of 5%/yr capital gain (which you don’t trigger extra tax by cashing in) and 2.6% eligible dividends. That is pretty tax efficient.

After 35 years you would have $6.3M if invested in your taxable account compared to $7.2M if invested by your spouse instead. Almost $1M difference – that is a pile of loot, even when you adjust it down for 35 years of inflation. This is with the lower earning partner earning $50K/yr – it is even more dramatic if they have little or no income. This model is also assuming that you did not realize any capital gains over the accumulation span – if you did (most do), they would have triggered tax events which would have a much greater detrimental impact in the higher income spouse’s hands.

Drawing money via a lower income spouse is also quite important if you plan to retire early. Let’s say in the above situation that you and your spouse decide to retire at age 55. For simplicity, we’ll say that you each draw $25K income from your RRSPs (which you have built to equal sizes). You also draw $50K/yr from your CCPC as dividends and your spouse draws $50K/yr from the dividends made in her taxable account. Your household after-tax income would be $133K/yr. If the taxable account was in your name, then your after-tax income would be $124K/yr. You could even things up when you hit age 65, but that is about $100K in lost cashflow in the decade leading up to that.

The Dreaded Attribution Rules

The CRA Warrior wielding the legendary Sword of Attribution could be sent on a quest for your treasure.

Gifts in Canada are generally not taxed. However, to prevent the avoidance of tax by high earners gifting money or capital property (like real estate or stocks) to their lower earning family members (spouse or a minor child/grandchild/niece/nephew) to generate income from, we have the “attribution rules”. Notably missing from the list are parents and siblings. These rules are to make sure that income generated from such a gift is attributed to the higher earning spouse and therefore taxed more. Let’s look at a few examples.

Gifts to a Spouse

  • If you give money, stocks, or a rental property to a lower income spouse, then any income (dividends, interest, rent, royalties) will be attributed to you to be taxed at your rate.
  • If the property gains in value from time of purchase, all those capital gains will be attributed to you.
  • You can avoid some of the gains being attributed to you if you file a special election with your tax return for the year that the gift is given. That special election would result in you paying capital gains on any increase in value to that point as if you had sold it to your spouse at fair market value (FMV). If it appreciates further after that, then your spouse would only pay capital gains tax on the increase above that FMV.
  • Another notable nuance: Income generated from the income (second generation income) is not attributed. More on this in a follow-up post.

Gifts to a Child, Grandchild, Niece, or Nephew

  • The gift is considered to be sold by you at FMV when given.
  • If the recipient is a minor (under 18), then you have to report any income (dividends, interest, rent, royalties) generated by the asset and it is attributed to you. Once they turn 18, the income can be attributed to them.
  • A notable exemption: capital gains are taxed in the hands of the recipient rather than the contributor.

Loans Instead of Gifts

  • If you make a low or interest-free loan to a spouse or minor, then income from whatever is purchased with the loan is attributed back to you.
  • Exemption: If you make the loan at the CRA prescribed rate (currently a measly 1%) and the recipient pays that interest from their own funds, then the attribution rules do not apply. You need to claim that interest paid as income on which you are taxed and you also need appropriate legal documents and record keeping. We’ll delve into this one in another post.
  • If your spouse or minor child obtains a loan based only on the strength of your garauntee for the loan, then the attribution rules apply to income generated by assets purchased with that loan.

Depressed or worried yet? Don’t be. Time to “Dragon-up”.

The thing is, dragons are legendary not only for their greed, but also for being lazy and liking to simply slumber laying on their treasure heap. Most professionals and other successful people in my experience are not particularly greedy or lazy. Most of us did not simply find or inherit treasure. However, since we have been painted like greedy dragons by the recent government tax campaigns, maybe we should go with it.

Dragons have plenty of natural weapons at their disposal to eat burglars and even cook them up a bit first. We have strategies that we can use to prevent the CRA Warrior from using Attribution against us while sharing our hard earned riches with our mate and our clutch of little dragonettes.

To take full advantage of intermediate-term income splitting techniques with your spouse, they need some treasure to attract more for their pile:

  • They need to generate some income of their own.
  • That income needs to be preserved, so that it can be leveraged.
  • It needs to be isolated from your joint income and assets, so that it is not soiled or tainted by you. My wife feels the same way about her bed pillows.

How To Build Your Lower Income Spouse’s Mountain of Glittery Capital To Leverage and Invest For Intermediate-Term Income Splitting

  • Your lower income spouse needs to open their own bank account separate from your joint account.
  • Their income should be paid directly into that account.
  • They need an income. This could be from their job outside of the business, paying them to do work for your business (being your billing agent is low hanging fruit), or money withdrawn from a spousal RRSP that hasn’t been contributed to in the preceding two calendar years.
  • You need to preserve their income to be used for investing. To do this, the higher earning spouse should pay for all living expenses using their joint account. This includes paying their income taxes that haven’t already been collected at source.
  • They need to set up a separate personal taxable investment account in only their name.

The thing is, if you start poking a dragon sleeping on its treasure, it may wake up. Now that we have awoken, let’s flex our talons, light the fire in our bellies, and get serious about defending our hard earned money.¬†With the foundation laid, we will examine how to use it to increase the size of their income in the next few posts.

 

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