Direct from Drache - Tax, Estate and Charity Law Insights from the Experts

March 2009 Newsletter
   What to do with Losses in a Trust
   Prescribed Rates for the Third Quarter of 2009

What to do with Losses in a Trust - Charles Rotenberg
The downturn in the markets will pose problems as family trusts file their 2008 T3 Returns, which are due on or before March 31st, 2009. Most family trusts are discretionary as to both income and capital. But, since an inter vivos trust (one set up during one’s life, rather than in a Will) pays tax at the top marginal tax rate without the benefit of personal credits, it is generally not a good plan to accumulate income within a trust. Accordingly, income is usually distributed to the income beneficiaries on an annual basis. Therein lies the rub.
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Prescribed Rates for the Third Quarter of 2009 - Charles Rotenberg
The prescribed rate for income tax purposes changes on a quarterly basis. For the third quarter of 2009, the rate will stay at 1%, the lowest it has ever been. Please see our March 2009 Newsletter for a more detailed discussion about the planning opportunities that this offers.
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