Oct 14
2009

Beware of Clawback

By admin

How to keep more of your retirement income for yourself
by Michael Danchuk, CFP & Richard Nash, CFP
Investors Group Inc.

As a senior, you have access to tax as­sisted programs and can take advan­tage of a variety of tax credits that are not available to others.  For instance, as a senior, you have access to the Old Age Security (OAS) program and the age credit once you are 65 years of age and older. But, did you know that both OAS and the age credit are income tested?  Once your income exceeds a certain level, these two benefits start to diminish and after a certain point, these benefits are eliminated entirely.  This is what is referred to as the “claw­back” and there are strategies you can implement to ensure you keep more of these benefits for yourself.

Old Age Security

The Old Age Security (OAS) program is a monthly pension available to most Canadians 65 years of age or older.  Applicants who have lived in Canada for at least 40 years beyond their 18th birthday are eligible for the full pension, while those with at least 10 but less than 40 years of residence in Canada after turning 18 are eligible for partial benefits.

While everyone meeting these eligi­bility requirements is eligible for an OAS pension, higher income pen­sioners must repay part or all of their benefit. The repayment is equal to 15% of the person’s net income that exceeds a stated “threshold amount” which is increased each year based on increases in the cost of living. Once your net income exceeds a maximum threshold amount, your entire OAS pension will be subject to the “claw­back”.  See an Investors Group Con­sultant for the current net income threshold amounts.

Age Credit

The age credit is a non-refundable tax credit only available to Canadians 65 years of age and older.  You may be eli­gible for at least a portion of this credit, providing your net income does not exceed a predetermined threshold.  If you don’t need all of your age amount to reduce your tax­able income to zero, the unused por­tion can be transferred to your spouse.  See an Investors Group Con­sultant for the current net income and credit threshold amounts.

Strategies to keep more

For both OAS and the age credit, it is clearly advantageous to explore strate­gies that allow you to report on your tax return only as much income as you require to meet your needs.  A thorough assessment of your income needs should be completed before you consider implementing the fol­lowing strategies, which can assist in keeping your taxable income to a minimum:
  • Pension income splitting.   You are able to allocate up to 50% of your “eligible pension income” to your spouse for taxation purposes. “Eligible pension income” includes payments received from a registered pension plan irrespective of your age and RRIF payments once you have reached age 65.  Taking ad­vantage of the pension income splitting provisions may reduce your family’s overall tax bill and could reduce the affects of the OAS “clawback”.
  • Other income splitting strategies.   You should consider strategies such as: gifting or loaning assets to your spouse for investment purposes; spousal RRSPs; and decisions re­garding who pays for daily living ex­penses and who invests.  The goal is to move as much taxable income into the hands of the lower income spouse to benefit from their lower tax rate while at the same time min­imize any “clawbacks” which may apply to you.  These strategies can be difficult to implement and tax advice is necessary to ensure you are following the rules regarding income attribution.
  • Withdrawing the minimum from your RRIF.   Again, depending on your in­come needs, given the fact that RRIF withdrawals are fully taxable provides a real incentive to leave as much of your registered assets tax-sheltered for as long as possible. To get the most tax deferred growth from your RRIF, and keep your re­ported taxable income as low as possible, consider withdrawing only the minimum each year and if you have a younger spouse, base your withdrawals on their age, as this will produce a smaller mini­mum withdrawal.  Note however, that at age 65 RRIF income is eligi­ble for pension income splitting.
  • Seek out non registered investments that offer preferential tax treatment.   The goal of this strategy is to keep taxable investment income to a minimum.   A strategy to consider is investing in equities rather than fixed income investments, as capi­tal gains are 50% taxable versus in­terest income which is 100% taxable. However, caution is ad­vised.  You should keep in mind the balance between equities and fixed income investments over your whole registered and non-regis­tered portfolio.   Also, from a tax and “clawback” perspective, you want to ensure you are not investing in in­vestments that produce large amounts of dividends as the re­ported taxable income from divi­dends is the “grossed up” amount before the dividend tax credit.  An­other strategy to consider is tax ad­vantaged or switch funds for your non – registered portfolio, as you report capital gains for tax purposes only when you leave the structure.1Keep in mind that your invest­ments should be chosen based on your individual goals and risk toler­ance first and not based solely on the tax consequences.  Reporting less net income is the key to avoiding the “clawback” on OAS and the age credit.  Remaining vigilant in paying less tax can not only assist in avoiding the “clawback”, but can also assist in preserving your wealth for years to come, and ultimately, make your retirement as fulfilling and worry-free as possible.

Why not ask us today how to struc­ture your retirement income in the most tax efficient way possible.  Since these decisions are often irreversible, a few minutes invested today could turn out to be your smartest tax choice this year.

This report specifically written and published by Investors Group is presented as a general source of information only, and is not intended as a solicitation to buy or sell specific investments, nor is it intended to provide legal advice. Prospective investors should review the annual report, simplified prospectus, and annual information form of any fund carefully before making an investment decision. Clients should dis-cuss their situation with their Consultant for advice based on their specific circumstances. Commissions, trailing commissions, manage-ment fees and expenses all may be associated with mutual fund investments. Mutual funds are not guaranteed, their values change frequently and past performance may not be repeated. ™Trademark owned by IGM Financial Inc. and licensed to its subsidiary corporations. “Beware of the “Clawback”!” ©2007 Investors Group Inc. (09/2007) MP1029 Comments or questions – Michael Dunchuck and/or Richard Nash can be reached at (604) 270-7700  or by email richard.nash@investorsgroup.com
 1. You may also be taxed on capital gains dividends that may be periodically paid by the Fund.

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