HomeMy WebLinkAboutFarming '89, 1989-03-22, Page 14A14. FARMING ‘89, WEDNESDAY, MARCH 22, 1989.
Plan for taxes if leaving farm to children
BY HAROLD SMITH, CA
Harold Smith is with
Hyde Houghton.
If you own a farm and have
children, do you have a plan for
handing it over to them?
You should, and the sonner the
better. In order to avoid heavy
taxes you’ll require careful think
ing and perhaps as long as 10
years.
Simply willing the farm to your
children can create problems.
It’s true that the Income Tax Act
provides for a tax-free rollover at
death to the children of many
assets.
However, the farm must be a
“qualified farm property.’’ Does
your farm qualify? For shares of
farm corporation to be transferred
in this way, over 90 per cent of the
assets must be used in active
farming.
You must take stock to be
certain, and this cannot be done at
the time of death. If you do it
beforehand, you will be able to take
remedial action if the assets used in
farming fall short of 90 per cent.
If the farm does not qualify there
can be drastic tax effects at death.
Another way to transfer a farm is
by giving your children land,
shares of a farm corporation or
depreciable assets bought since
1971. There can be problems,
however.
Cash-basis farmers - and most
farmers report their income on a
cash basis - have a particular
problem with inventory. Assets
such as crops, supplies and live
stock appear on their farm financial
statements as having no value.
When these assets are given to
the next generation, there are no
rollovers available. Therefore tax
planning is necessary.
Often the answer is to give or sell
such assets in stages over perhaps
10 years. This way, the assets are
transferred without tax consequen
ces and the parent is able to build
up retirement income.
Another transfer method be
tween generations is selling assets
at, or below, fair market value.
Under the rollover section of the
Income Tax Act, the assets roll over
at their adjusted cost base if you
choose to pay nothing. If you
choose to pay something, however,
anything in excess of the adjusted
cost base is subject to tax.
Sometimes you want to trigger
taxes this way. For example, it
could be beneficial for a farmer to
sell his land to the next generation.
Any capital gains would be eligible
for the $500,000 exemption, avail
able on farm property only.
Thus the transfer would not cost
the parent any tax, other than
perhaps some alternate minimum
tax. It would also give the next
generation a bump-up in the cost
base and reduce taxes if the person
decided later to get out of farming.
There are other cases where it
would be preferable to transfer
assets at fair market value. These
could be situations where a farmer
over time has built up substantial
tax losses. Such losses have a
limited life, and it may be advanta
geous to transfer assets at fair
market value to use up the losses.
Under similar rules, a deceased
farmer’s lawyer can elect to trigger
taxes on assets transferred from
one generation to another at any
where between their adjusted cost
base and their fair market value so
that the person’s $500,000 capital
gains exemption can be used.
Farm Safety
is up to you
Clothes which have farm chemi
cals spilled on them should be
removed and washed before reus
ing. Remember, ‘Farm Chemical
Safety Is In Your Hands’.
McKILLOP
MUTUAL
INSURANCE
COMPANY
91 Main St. South. Seaforth
Office 527-0400
FARM, HOME,
COMMERCIAL
AUTO COVERAGES
AGENTS
Bob McNaughton
Graeme Craig
Donald Taylor
527-1571
887-9381
482-9976
Banter & MacEwan Insurance
Brokers Ltd.524-8376
John Wise Insurance Brokers
Ltd. 482-3401
BLYTh 523-4241 WINGHAM 357-2700
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