section 85 rollovers: a complete guide
Section 85 Rollovers⁚ A Complete Guide
This guide provides a comprehensive overview of Section 85 rollovers, a valuable tool for tax planning in Canada. This guide will explore the benefits, eligibility requirements, and tax implications of using a Section 85 rollover. It will also cover key aspects like the types of property eligible for rollover, filing an election, and real-world examples of how this strategy works.
Section 85 rollovers are a powerful tax planning tool in Canada, allowing individuals and businesses to transfer eligible property to a Canadian corporation on a tax-deferred basis. This means that the tax consequences of the transfer are delayed until the property is eventually sold or disposed of by the corporation. This strategy can be particularly beneficial for transferring assets that have appreciated in value, as it can help to reduce the immediate tax liability.
What is a Section 85 Rollover?
A Section 85 rollover is an election under the Canadian Income Tax Act that permits a taxpayer to transfer eligible property to a taxable Canadian corporation while deferring the payment of capital gains tax. This election allows the taxpayer to avoid paying capital gains tax at the time of the transfer, instead deferring the tax liability until the property is eventually disposed of by the corporation. This strategy can be particularly useful for individuals and businesses looking to incorporate their operations or restructure their assets.
Section 85 rollovers offer several advantages for taxpayers, making them a popular choice for strategic tax planning. The most significant benefit is the deferral of capital gains tax. This allows taxpayers to preserve capital and reinvest funds for future growth without incurring immediate tax obligations. Additionally, rollovers can simplify business structures by transferring assets to a corporation, potentially streamlining operations and making it easier to attract investors or secure financing. By deferring taxes, businesses can retain more of their earnings for reinvestment, fostering growth and expansion.
A Section 85 rollover involves transferring eligible property from a taxpayer (individual or partnership) to a Canadian corporation. The key feature is the “rollover” aspect, where the tax consequences of the transfer are deferred. Instead of recognizing a capital gain or loss at the time of transfer, the property is deemed to be transferred at a specific value, known as the “elected tax pool” (ETP). This ETP becomes the corporation’s cost base for the acquired property, ensuring that future capital gains or losses are calculated based on this new cost base. The deferral of tax liability allows taxpayers to reinvest their capital without immediate tax implications, potentially promoting business growth and expansion.
To qualify for a Section 85 rollover, certain conditions must be met. Firstly, the property being transferred must be considered “eligible property,” which includes capital property, inventory, resource property, and certain debt obligations. Secondly, the transfer must be made to a Canadian corporation, either newly formed or existing. The taxpayer must also meet the residency requirements, meaning they must be a resident of Canada at the time of the transfer. Furthermore, the transfer must be made on a “tax-deferred basis,” ensuring that the tax implications are postponed until the corporation eventually disposes of the property. These are the basic eligibility requirements, and it’s crucial to consult with a tax professional to ensure your specific circumstances meet the necessary criteria.
The Section 85 rollover encompasses a range of assets, offering flexibility for various situations. The most common types include capital property, which encompasses assets like land, buildings, and equipment. Inventory, encompassing goods held for sale or use in production, is also eligible. Additionally, Canadian and foreign resource property, including oil and gas rights or mineral interests, can be rolled over. Certain security or debt obligations, such as bonds and debentures, can be included as well. However, it’s important to note that real estate, specifically certain types of property, may have restrictions. Furthermore, assets like goodwill and customer lists, while not initially acquired for a price, can also be rolled over, providing significant tax advantages in specific business transactions.
Section 85 rollovers offer a significant tax advantage by deferring the recognition of capital gains until the eventual disposition of the property by the corporation. This deferral can be particularly beneficial for assets that have appreciated in value, allowing the taxpayer to avoid paying taxes on the gain until a later date. However, it’s crucial to understand that the deferred tax is not eliminated but merely postponed. The corporation will ultimately be responsible for paying taxes on the gain when the asset is eventually sold. Additionally, it’s important to consider the potential impact on the taxpayer’s overall tax liability, including the potential for higher taxes in the future due to factors like increased tax rates or changes in the capital gains tax rules. Therefore, careful planning is essential to ensure that the Section 85 rollover strategy aligns with the taxpayer’s long-term financial goals and tax objectives.
Consider Bob, a sole proprietor with a business that has built up significant goodwill over the years. He decides to incorporate his business and transfer the goodwill to the newly formed corporation. The fair market value of the goodwill is $100,000, but Bob has no recorded cost base for it. If he were to sell the goodwill directly, he would have to pay capital gains tax on the entire $100,000. However, by using a Section 85 rollover, Bob can elect to transfer the goodwill to the corporation at a deemed cost base of $1. This effectively reduces his capital gain to $1, resulting in a significant tax saving. The corporation will then hold the goodwill with a cost base of $1, and any future gains will be taxed at the corporate rate. This example highlights the potential benefits of using a Section 85 rollover to minimize tax liability and optimize the transfer of assets to a corporation.
To claim the benefits of a Section 85 rollover, a formal election must be filed with the Canada Revenue Agency (CRA). This election must be made before the tax return deadline for either the individual or the corporation, whichever is earlier. The election must be made on Form T2057, “Election under Section 85 of the Income Tax Act.” The form requires details about the property being transferred, the taxpayer, and the corporation involved in the transaction. It is important to note that the CRA may require additional information or documentation to support the election, and it’s recommended to consult with a tax professional to ensure the election is filed correctly and meets all the requirements.
Section 85 rollovers offer a powerful tool for tax planning in Canada, allowing individuals and businesses to transfer assets to corporations with significant tax deferral benefits. While the process involves careful consideration of eligibility requirements, tax implications, and proper election procedures, utilizing this strategy can lead to substantial tax savings. It is essential to consult with a qualified tax professional to understand the intricacies of Section 85 rollovers and to ensure a successful and compliant implementation. By leveraging the benefits of this election, taxpayers can optimize their tax strategies and achieve their financial goals.
Section 85 Rollover⁚ A Complete Guide
This guide provides a comprehensive overview of Section 85 rollovers, a valuable tool for tax planning in Canada.
Overview
Section 85 rollovers are a powerful tax planning tool in Canada, enabling taxpayers to transfer eligible property to a Canadian corporation on a tax-deferred basis. This means that the taxpayer can defer paying capital gains tax on the appreciation of the property until they later sell it. This strategy is particularly beneficial for individuals or businesses looking to incorporate, restructure, or transfer assets to a corporation without triggering immediate tax liabilities.
What is a Section 85 Rollover?
A Section 85 rollover is an election made under the Canadian Income Tax Act (ITA) that allows a taxpayer to transfer eligible property to a taxable Canadian corporation without triggering immediate capital gains tax. This election essentially defers the tax consequences of the transfer until the corporation eventually disposes of the property. It’s a crucial tool for tax planning in corporate reorganizations, business incorporations, and asset transfers.
Benefits of a Section 85 Rollover
The primary benefit of a Section 85 rollover is tax deferral. By electing this option, taxpayers can avoid paying capital gains tax on the transfer of property to a corporation. This can be especially advantageous when dealing with assets that have appreciated significantly in value. The deferral allows taxpayers to reinvest the capital gains proceeds into the corporation, potentially generating further growth without immediate tax liabilities. This can be a powerful strategy for maximizing long-term wealth creation.
How a Section 85 Rollover Works
A Section 85 rollover involves transferring eligible property from an individual or partnership to a Canadian corporation. The key element is the “election” – a formal declaration made by both the taxpayer and the corporation stating their intention to utilize the Section 85 rollover provisions. This election determines the tax treatment of the transaction, allowing for the deferral of capital gains tax. The transfer is deemed to occur at a specific “elected tax cost” (ETP), which is agreed upon by both parties. This ETP becomes the new cost base for the property within the corporation, effectively locking in the deferred capital gain until the asset is eventually disposed of.
Eligibility Requirements
To qualify for a Section 85 rollover, several conditions must be met. Firstly, the property being transferred must be eligible, encompassing assets like capital property, inventory, Canadian and foreign resource property, and certain security or debt obligations. The property cannot be real estate, unless it is specifically designated as “eligible real property” under the tax rules. Secondly, the transferee corporation must be a taxable Canadian corporation. It cannot be a non-resident corporation or a trust. Lastly, the taxpayer must meet the “control” requirement, meaning they must hold at least 50% of the voting shares of the corporation after the transfer. Failure to meet any of these requirements will prevent the taxpayer from using a Section 85 rollover.
Types of Property Eligible for Rollover
The types of property eligible for a Section 85 rollover are quite broad. It includes capital property, which encompasses assets like goodwill, customer lists, and intellectual property. Inventory, including goods for sale or lease, can also be rolled over. This also extends to Canadian and foreign resource property, covering assets like oil and gas rights. Additionally, certain security or debt obligations are eligible, but not all types of real estate. However, certain types of real estate can be considered “eligible real property” and qualify for a Section 85 rollover. It’s crucial to consult with a tax advisor to determine if your specific property qualifies for this tax-saving strategy.
Tax Implications
The primary advantage of a Section 85 rollover is tax deferral. Instead of paying taxes on the capital gain when transferring assets to a corporation, the taxpayer can defer this liability until they ultimately dispose of the assets. However, this deferral is not indefinite. When the corporation eventually sells the asset, the capital gain will be realized, and the corporation will be responsible for paying taxes. The tax implications of a Section 85 rollover extend to the shareholder as well. The shareholder’s cost base in the corporation will be adjusted to reflect the value of the assets transferred. This can influence future tax implications if the shareholder sells their shares in the corporation.
Example of a Section 85 Rollover
Imagine Bob, a sole proprietor with a business valued at $100,000. He decides to incorporate his business, transferring the assets to a newly formed corporation. Without a Section 85 rollover, Bob would have to pay capital gains tax on the difference between his cost base and the fair market value of the business. However, by electing a Section 85 rollover, Bob can transfer the assets to the corporation without triggering immediate tax consequences. He can choose an “elected tax pool” value, which is a specific value assigned to the assets for tax purposes. In this example, Bob might choose an elected tax pool value of $1 for the goodwill of his business. This effectively reduces the capital gain he has to recognize to $1, significantly reducing his immediate tax liability. The corporation would then inherit the asset with a cost base of $1.
Filing a Section 85 Election
To claim the benefits of a Section 85 rollover, a formal election must be filed with the Canada Revenue Agency (CRA). This election must be made before the tax return deadline of either the sole proprietor or the corporation, whichever is earlier. The election is typically filed using Form T2057, “Election under Section 85 of the Income Tax Act”. The election should include details of the property being transferred, the elected tax pool values assigned to the assets, and the date of the transfer. The CRA generally accepts elections filed within a reasonable timeframe after the transfer, but it is crucial to file the election as soon as possible to avoid any potential issues or delays.