Estate Planning

Protecting Your Estate From Double — and Sometimes Triple — Taxation.

Our office has extensive expertise designing estate planning structures that optimize tax planning, put your capital and business assets to their most efficient long-term use, and stay fully compliant with the Canadian Income Tax Act.

For business owners who hold shares of a private corporation, death triggers one of the most punishing tax events in the Income Tax Act — and without careful planning, it can happen more than once on the very same dollar of value.

Estate planning re-engineers your corporate and personal holdings ahead of time: identifying the strategies available to your estate, sequencing them correctly, and documenting every step so your executor and beneficiaries aren't left guessing when it matters most.

This is not a generic will-and-powers-of-attorney checklist.
This is not a strategy applied after it's already too late to matter.
This is a citation-backed, tax-minimization plan engineered around your corporate structure, your family, and the estate you want to leave behind.

How an Estate Planning Engagement Works

Every estate plan we design moves through three stages.

1

Comprehensive Estate & Tax Diagnostic

We start by fully mapping where things stand today, including:

  • Current corporate structure and share capital
  • Adjusted cost base (ACB) and paid-up capital (PUC) of your shares
  • Corporate assets — investments, life insurance, and tangible property
  • Your existing will, powers of attorney, and beneficiary designations
  • Family and succession objectives
  • Liquidity available to fund the tax bill triggered on death

You can't minimize the tax on an estate you haven't fully mapped first.

2

Post-Mortem Tax Minimization Plan Design

Your plan is built as a fully documented package, including:

  • Selection of the pipeline strategy, the subsection 164(6) strategy, the cost base ("bump") strategy, or a combination of all three
  • A step-by-step transaction sequence for your executor to follow
  • Detailed footnotes citing the specific ITA provisions relied on
  • A figures appendix quantifying the tax saved at each step

Every strategy is matched to your specific facts — not applied as a one-size-fits-all template.

3

Execution & Implementation Support

Your diagnostic gives you the plan. We support your family through carrying it out:

  • Instruction letter for your estate and corporate lawyer
  • Coordination with your executor, accountant, and family
  • A client-facing summary walking through the plan
  • Post-implementation filing support for the estate and corporation

Your family shouldn't have to translate a technical memo into action while grieving.

The Double — and Sometimes Triple — Tax Problem

Without planning, the same dollar of value inside your corporation can be taxed more than once before it ever reaches your family.

When a shareholder passes away, the Income Tax Act can tax the value of a private corporation's shares in layers — first at death, again when the money is paid out to your beneficiaries, and potentially a third time when the corporation itself sells the property behind that value. Here's how it happens:

1

Tax on the Deemed Disposition at Death

You're deemed to have sold your shares at fair market value immediately before death. If those shares have appreciated, that deemed disposition can trigger a significant capital gain — reported on your final personal tax return, even though no shares actually changed hands.

2

Tax When the Money Comes Out of the Company

Your beneficiaries inherit the shares, but the value is often still sitting inside the corporation. When that value is extracted — through a wind-up, a sale, or a payout — it's frequently taxed again, this time as a dividend to your beneficiaries.

3

Tax on the Sale of Corporate Property

If the corporation sells tangible or depreciable property — real estate, equipment, goodwill — to generate the cash needed to pay your beneficiaries, that sale can trigger its own layer of corporate-level tax: a third bite before your family ever sees the money.

Left unplanned, a single estate can face capital gains tax, dividend tax, and corporate tax on the same underlying value — before a dollar reaches the next generation.

How We Keep More of Your Estate Out of CRA's Hands

Depending on your facts, we use one of these strategies — or a combination of all three — to reduce or eliminate the extra layers of tax.

A

The Pipeline Strategy

Uses a newly formed holding company to acquire your estate's shares at their stepped-up cost base, then extracts the corporation's retained value as a return of capital rather than a taxable dividend — eliminating the second layer of tax on the same gain.

B

The Subsection 164(6) Strategy

Allows your estate to redeem shares within the first taxation year after death and carry the resulting capital loss back to offset the capital gain reported on your final (terminal) return — reducing or eliminating tax at the personal level.

C

The Cost Base ("Bump") Strategy

Increases the tax cost of the corporation's underlying assets to reflect the price paid for the shares, reducing the corporate-level tax triggered when those assets are eventually sold — addressing the third layer directly.

Often, the right answer isn't just one of these — it's a coordinated combination, sequenced together as part of a single plan.

The Benefits of Estate Planning

A well-designed estate plan pays off in more than one way.

  • ✓ Reduced or eliminated double and triple taxation on your corporate shares at death
  • ✓ More of your estate's value staying with your family instead of the CRA
  • ✓ A coordinated, tax-deferred plan instead of a scramble after you're gone
  • ✓ Preserved liquidity so your estate isn't forced to fire-sell assets to pay tax
  • ✓ A clear roadmap for your executor, lawyer, and family to follow
  • ✓ Reduced risk of disputes among beneficiaries over how tax is allocated
  • ✓ Continuity for the business when it's passing to the next generation
  • ✓ Coordination with your will, powers of attorney, and life insurance planning
  • ✓ Peace of mind knowing your legacy passes on the way you intended

Most estates realize more than one of these benefits from a single, well-timed plan.

Who Estate Planning Is For

  • Business owners with shares of a private corporation holding significant retained earnings or investments
  • Owners whose shares have appreciated substantially since incorporation
  • Multi-generational family businesses planning for succession
  • Owners without a current, coordinated estate and corporate tax plan
  • Anyone whose will or corporate structure hasn't been reviewed since the tax rules — or the value of the company — changed
  • Families concerned about liquidity to pay tax on death without selling the business

If any of these describe your situation, your estate is worth a second look — while there's still time to act.

Quarterly Review → Estate Planning

Why Estate Planning Is the Logical Next Step After Your Quarterly Review

Your Quarterly Review Identified

  • Share value that has grown substantially
  • No current estate or succession plan
  • Family members who will inherit the business
  • An opportunity to plan proactively, on your terms

An Estate Plan Delivers

  • A plan engineered to minimize tax at death
  • Protection against double and triple taxation
  • A clear plan for your executor and family to follow
  • More of what you built staying with your family

Your quarterly review flags the exposure.
Estate planning is how you close it.

Flat Fee — $30,000

Understanding the Investment

A fixed, one-time engagement — not an open-ended bill.

The Investment

  • A flat $30,000 fee — no hourly surprises
  • Full diagnostic, plan design, and figures appendix
  • ITA-cited plan memo and lawyer instruction letter
  • Execution support through to implementation

The Return

  • Reduced or eliminated double and triple taxation on your estate
  • More of your estate's value passing to your family
  • A clear, documented plan your executor can follow
  • Peace of mind for you and your family

Your preliminary estate plan includes a full cost-benefit analysis — your projected tax savings measured directly against the $30,000 investment — so you know the payback before you commit.

The Cost of Not Planning Your Estate

Without a coordinated plan in place, families often face:

  • Capital gains tax on the deemed disposition of your shares at death
  • A second layer of dividend tax when the company's value is paid out
  • A possible third layer of corporate tax on the sale of company assets
  • A forced sale of business assets or investments just to pay the tax bill
  • Delays and disputes among beneficiaries during probate
  • Less certainty for your executor, with no documented plan to follow
  • A smaller estate passing to your family than what you actually built
  • A structure reacting to problems instead of preventing them

These costs compound quickly and can't be undone after death. Estate planning stops them while there's still time to act.

Why Clients Choose Us

Clients choose our estate planning service because we provide:

A Generic Estate Plan A Kilpatrick CPA Estate Plan
A will and nothing else
A coordinated tax and corporate structure plan
Guesswork on which strategy applies
An ITA-cited plan using the pipeline, 164(6), and bump strategies where they fit
A plan discovered too late
A plan built and ready before it's needed
A vague savings estimate
A detailed cost-benefit analysis against your investment
A binder your family doesn't understand
A plan explained to you and your executor, before you need it

This is not a generic will-and-powers-of-attorney checklist.
This is a tax-minimization plan engineered for your estate.

Your Next Step

Ready to Protect Your Estate From Double and Triple Taxation?

Tell us about your corporate structure and we'll put together your preliminary estate plan — including the cost-benefit analysis:

Start Your Estate Plan →