Tag: COVID-19 Economic Response Plan

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IS CERB TAXABLE? EXCLUSIVE REPORT AS TO WHAT HAPPENS WHEN YOU DON’T HAVE THE MONEY TO PAY OFF YOUR TAX RETURN

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Is CERB taxable? CERB is a taxable payment

Last weekend we set our clocks ahead 1-hour. This time of year always gets me thinking of doing my income tax return. So with taxes on my mind, I believed it would certainly be appropriate to discuss CERB, which is the short-hand for the Canada Emergency Response Benefit.

So, is CERB taxable? That is what I want to discuss with you today.

Since March 2020, I have written several blogs about different issues facing Canadians with Canada’s COVID-19 Economic Response Plan, including the Canada Emergency Response Benefit (CERB). My 3 previous blogs on CERB were:

Now I look at is CERB taxable?

Is CERB taxable? What is the CERB?

Simply to freshen your memory, I think a summary of the CERB eligibility requirements will nicely establish the stage.

To be eligible for the $2,000 CERB payment by applying through the Canada Revenue Agency (CRA), you needed to have met specific CERB requirements for each of the CERB time periods you were making an application for. The Government of Canada specified the eligibility requirements to be:

  • You didn’t obtain CERB or Employment Insurance (EI) from Service Canada for the CERB dates now being requested.
  • You did not voluntarily give up your work.
  • You live in Canada and are not younger than 15 years of age.

You earned at least $5,000 (before taxes) in the preceding 12 months, or in 2019, from 1 or even more of:

  • job income;
  • self-employment income;
  • provincial benefits for maternity or parental leave;
  • your job hours have been lowered as a result of COVID-19;
  • you have actually quit or will give up work as a result of COVID-19;
  • you are not able to work as a result of COVID-19, for example, because you are looking after an individual;
  • you have been paid EI benefits for at least one week of qualifying after December 29, 2019, and your entitlement to such benefits have ended;
  • this is your first application because:
    • you have quit or will stop working, or you are working decreased hours, as a result of the coronavirus;
    • you don’t expect to earn over $1,000 in gross work or self-employment earnings for at least 14 days right during the 4-week duration.
      If you are getting a subsequent period: You are still not utilized or self-employed, or you are doing decreased hrs due to COVID-19. You do not prepare for transforming $1,000 in gross income; and
    • you expect this to continue throughout the whole 4-week period you are applying for.

      is cerb taxable
      is CERB taxable

The CERB emergency benefit: Our federal government started to attack the self-employed

The Canadian CERB program is completed. The CRA approved and paid retroactive applications until December 2, 2020. Currently, they are doing audits to see if individuals who received CERB did not really qualify.

As you may recall, this revealed a one-of-a-kind issue to the self-employed individual. CRA was inconsistent in their descriptions and definitions of the threshold to get CERB. The concern that was uncovered for self-employed people was in the computation of income. The qualification guidelines and eligibility standards concerning self-employed earnings had been misunderstood by both the public and CRA employees alike!

Self-employed Canadians have said that when they reviewed the federal government’s CERB site, they understood that their business had to have earned (before taxes) a minimum of $5,000. CRA stated that the $5,000 was net income, your business earnings after deducting all your expenses. Numerous people understood it to be gross earnings as meeting the income test requirement for obtaining CERB. The federal government originally stated that those that misunderstood this regulation would need to pay all the CERB back. Luckily for them, the government has withdrawn from that position and will just rely upon the income tax system to determine what those people will have to pay in income tax.

Now for is CERB taxable?

Is CERB taxable? Report T4E amounts on your tax return

Along with any other income you might have earned in 2020, if you got the CERB or other emergency benefits from Service Canada or any kind of EI payments, you will certainly be sent out a T4E tax slip showing the amount paid. So is CERB taxable? Sadly, yes.

These benefits are taxable. Any of this kind of payment you received prior to December 31, 2020, will certainly need to be reported on your 2020 tax return. You will receive a T4E slip at tax time or you may also get your T4E info from your My Service Canada Account.

is cerb taxable
is CERB taxable

Maximize your tax planning for CERB before our debt-ridden government comes looking for more

When I think of tax planning, I think of ways to avoid (but not evade) income tax. In the case of CERB and other such benefits, the planning is really making sure you actually have the money to pay your 2020 income tax liability. The reason for this was that, unlike employment income, no income tax was deducted at source for the CERB payments. The federal government wanted to get the money out as quickly as possible without extra bookkeeping.

How much tax will I have to pay on CERB is a question people ask. Given the duration that the benefits lasted for, the maximum CERB that Canadians might have obtained is $12,000 of revenue. Nevertheless, the amount of income tax obligation that you will owe cannot be calculated on this number alone. It will be calculated based on the full amount you made throughout the year.

Because the sum total of CERB paid to you is taxable income, it will be reported on line 11900 of the 2020 income tax return. That amount, in addition to any other sources of income, works through your income tax return to end up with your total taxable income and your total deductions. After that, you determine your income tax obligation, what taxes at source were subtracted or tax paid by you in instalments. The net amount is either tax payable or a tax refund. So the income tax payable on the CERB payments you obtained relies on what your marginal tax rate is.

Contributing to an RRSP may have been the only other way to reduce your total taxable income and therefore your total income tax. However, in a year where you had to rely on CERB, you may not have had surplus funds to contribute to an RRSP in 2020 or the first 60 days of 2021.

Is CERB taxable? When do I have to pay CERB taxes?

Unlike our 2019 income tax returns, there are no extensions being offered this year. The filing deadline for your 2020 income tax return is April 30, 2021, for most people. A self-employed person has until June 15, 2021, to file their income tax return. However, anyone who has a tax balance owing to CRA must pay it by April 30.

What if I didn’t set aside taxes for CERB? What happens when you can’t pay the tax on your CERB tax debt?

If you really did not reserve the right amount, or anything, to pay your taxes for CERB, and you find that you owe a substantial amount (possibly not hideous if CERB was your only earnings in 2020) then you’ll still have to figure out how to pay your taxes.

This situation resembles the majority of self-employed people whose taxes are not subtracted at source and need to be really attentive at reserving cash from their income to pay their income tax obligations. If they don’t have the funds readily available, they need to clamber to find the money for the CRA.

After your tax return is prepared, if you recognize you don’t have the cash to pay the tax owing, talk with your tax advisor. Perhaps they can establish a realistic timetable to offer CRA to pay your tax bill over some months using a current dated cheque and a few post-dated cheques to cover off the balance. This will give you the breathing room and financial help that you need.

However, the COVID-19 pandemic has left many Canadians in dire straits. They have barely enough money to pay for food and rent or mortgage payments, let alone income tax. If you find yourself in a situation where post-dated cheques are not even a possibility, contact a licensed insolvency trustee. We will provide you with a free consultation where we will go over your financial situation with you and make recommendations.

If you are working again and have a steady income, perhaps a consumer proposal is right for you. If you are not back at work or do not have full hours as you did before the pandemic, perhaps bankruptcy is your answer. Either way, contact a licensed insolvency trustee and find out what all your viable options are to settle your debts and eliminate that stress from your life.

is cerb taxable
is CERB taxable

Is CERB taxable summary

I hope you have enjoyed this is CERB taxable Brandon’s Blog. Do you or your company have too much debt? Are you or your company in need of financial restructuring? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or the person who has too much personal debt.

You are worried because you are facing significant financial challenges. It is not your fault that you are in this situation. You have been only shown the old ways that do not work anymore. The Ira Smith Team uses new modern ways to get you out of your debt troubles while avoiding bankruptcy. We can get you debt relief freedom.

The stress placed upon you is huge. We understand your pain points. We look at your entire situation and devise a strategy that is as unique as you and your problems; financial and emotional. The way we take the load off of your shoulders and devise a debt settlement plan, we know that we can help you.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team That is why we can develop a restructuring process as unique as the financial problems and pain you are facing. If any of this sounds familiar to you and you are serious about finding a solution, contact the Ira Smith Trustee & Receiver Inc. team today.

Call us now for a free consultation.

We will get you or your company back on the road to healthy stress-free operations and recover from the pain points in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this coronavirus pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

is cerb taxable
is CERB taxable
Categories
Brandon Blog Post

CERB UPDATE: CERB YOUR ENTHUSIASM AS INTENSE CERB CRA AUDITS BEGIN

CERB update

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

CERB update introduction

The Canada Emergency Response Benefit (CERB). CERB update: The Canada Revenue Agency (CRA) has started audits to assess payments made under certain of Canada’s COVID-19 Economic Response Plan. After being slowed down by the coronavirus, auditors are now getting back to their complete workload.

This Brandon’s Blog will concentrate on the Government of Canada CERB update.

CERB update: Who can qualify for CERB?

As a refresher, there were eligibility criteria to be eligible for the $2,000 CERB payment by applying to the CRA, you must have met certain conditions during the period you are applying for. The Government of Canada stipulated the eligibility criteria to be:

  • You did not look for, or get, CERB or Employment Insurance benefits from Service Canada for the exact same qualification period.
  • You did not stop your work willingly on your own.
  • You live in Canada and also are at least 15 years old.
  • You earned a minimum of $5,000 (before taxes) in the preceding 12 months, or in 2019, from 1 or more of:
    • employment earnings
    • self-employment income
    • provincial benefit payments connected to pregnancy or parental leave
  • 1of:
    • Your work hrs have actually been minimized because of COVID-19.
    • You have actually quit or will certainly quit working as a result of COVID 19.
    • You are incapable to work as a result of COVID-19, for example, because you are looking after a person.
    • You have actually been paid EI benefits for at the very least one week of benefits since December 29, 2019, and finished your entitlement to such benefits.
  • One of:.
    • If you are applying for the first time: You have actually stopped or will stop working, or you are working minimized hours due to the coronavirus. Also, you don’t expect to earn over $1,000 in gross employment or self-employment revenue for at least 14 days straight during the 4-week duration.
    • If you are looking for a subsequent period: You are still not employed or self-employed, or you are doing reduced hours due to COVID-19. You don’t expect to make over $1,000 in gross employment or self-employment revenue, and you anticipate this to continue during the whole 4-week duration.

One CERB update is that the CERB program has now ended. The CRA is continuing to accept and pay retroactive applications until December 2, 2020.

CERB update: What are the CERB pay periods?

You will see in the above CERB update description, it talks about qualifying for different periods. What were the CERB pay periods? The CERB was available from March 15 to September 27, 2020, inclusive.

The Government of Canada paid out $2,000 per four-week duration for approximately 28 weeks, backdated to March 15. CERB payments were paid out in the gross amount. No deductions for income tax, Canada Pension Plan or Employment Insurance were taken off. CERB is taxable income that must be reported on your 2020 income tax return.

As long as you did not make more than $1,000 for any 4-week period applied for, there was not any CERB claw-back.

So for this CERB update, keep 3 things in mind because it will be important from a CRA audit perspective:

  • You could apply for CERB through either CRA or Service Canada, but not both.
  • There were certain eligibility requirements regarding anyone who applied having reduced work hours or no work due to the coronavirus.
  • You were only allowed to earn $1,000 for any CERB pay period. If you earned more, you were not entitled to apply for the CERB for that pay period or receive payment of CERB.

CERB update: What is replacing CERB?

Now that the CERB has ended, the Government of Canada has created some new benefit programs. These new CERB update programs are retroactive from September 27, 2020, to September 25, 2021, inclusive.

Canada Recovery Benefit (CRB)

The CRB will provide qualified workers with $500 weekly (taxable, and this time tax is deducted) for as much as 26 weeks for those who are not working for an employer or independently as a result of COVID-19.

To qualify, you also must not be eligible for Employment Insurance or had employment/self-employment revenue minimized by a minimum of 50% as a result of the coronavirus.

Canada Recovery Caregiving Benefit (CRCB)

The CRCB will supply $500 each week (taxed, tax deducted from the gross weekly amount) for up to 26 weeks per house. It is for workers incapable of working at least 50% of the week since they must look after a youngster under the age of 12 or a member of the family. The allowed for reasons are since schools, day-cares or treatment centres are closed due to COVID-19, or due to the fact that the youngster or member of the family is sick and/or required to quarantine or is at a high threat of serious health ramifications as a result of COVID-19.

Canada Recovery Sickness Benefit (CRSB)

The CRSB will provide $500 weekly (taxable, and this time tax is deducted) for a maximum of 2 weeks, for workers that are not able to work at the very least 50% of the week because:

  • they acquired COVID-19;
  • self-isolated for factors associated with COVID-19; or
  • have hidden problems, are undertaking therapies or have actually gotten various other sicknesses that, in the opinion of a doctor, nurse practitioner, government or public health authority, would make them much more prone to the coronavirus.

Employment Insurance

If you received the CERB by applying to Service Canada after you got your last CERB amount, continue completing records for Service Canada. For the most part, you do not require to make a special application for EI benefits.

Service Canada will automatically examine your data and your Record of Employment. They will review your case and let you know if you qualify for EI.

If you got the CERB by applying to CRA, you are required to first get all your CERB payments before applying for EI benefits. You can apply after the end of your last CERB eligibility period for the CERB update benefits.

cerb update
CERB update

CERB update: Can CRA audit CERB?

Definitely. They will be looking for two things. People who made an honest mistake in their application and those who committed out and out fraud.

The CRA isn’t going to fool around with these CERB payments. If you made a mistake on your application and therefore got more money than you should have, the CRA will want those funds back.

The Canadian federal government has spent billions on the CERB program. That’s a lot of money calling for accountability. If you do not think the CRA will audit applications, you may want to rethink just how easy auditing is with the CRA computers.

Taxpayers who inaccurately claimed CERB benefits by mistake may just be required to pay back the incorrectly claimed amount. But here is the CERB update – there will be, if there aren’t already, additional procedures to successfully penalize taxpayers who purposefully claimed COVID-19 subsidies they did not qualify for.

These actions will include penalties and interest and possibly prosecution for the, especially more grievous tax fraudsters. COVID-19 benefits or subsidies have come at a significant cost to the government. They will be keeping an eye out for those attempting to abuse the system.

The very best security against flunking an audit where the CRA chooses you is to have taken simple preventative steps. The simplest way to come out clean from a CERB update audit was to make sure that you qualify before applying for the money!

CERB update: What if you can’t (re) pay?

There are going to be three kinds of people that may very well have trouble paying money to the government. People went on the CERB because of very low, or no, employment earnings. Nobody got rich from the CERB. So people are now flush with cash after having received CERB payments.

The first type is those that made an honest error in their applications. If caught through an audit, they may very well not have the funds to repay.

The second type is those that committed fraud in getting the CERB. Perhaps they never qualified but falsely applied. Or, perhaps on the surface they did qualify, and then while receiving the CERB were able to pick up work and got paid in cash.

The third type will be those people who did everything right and needed all the CERB to put food on the table and make their rent or mortgage payment. Remember that CERB is taxable and was paid at the gross amount. No income tax was deducted at the source. So, next winter or spring, when filling out their 2020 income tax return, they may have a nasty surprise. That nasty CERB update surprise will be income tax payable for which they do not have the cash to make the tax payment they are required to.

So now they will have income tax debt to add to credit card debt or other types of debt. These people will need income tax debt relief. CRA will definitely contact you if you do not pay.

If you find that you will be in need of a debt settlement plan to deal with your debts, including any income tax debt, contact a licensed insolvency trustee (Trustee).

A Trustee will review your situation and make specific recommendations on how you can settle your debts. Our aim is always to help people avoid bankruptcy. We have helped many people who have received bad news from a CRA audit. We can also help anyone with a CERB update problem.

CERB update: Summary

I hope you have enjoyed this CERB update Brandon’s Blog. Hopefully, you have better insight now into the fact that a sick insolvent company’s business can be saved by doing a sale of its assets to a healthy organization.

Do you or your company have too much debt? Are you or your company in need of financial restructuring? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or the person who has too much personal debt.

You are worried because you are facing significant financial challenges. It is not your fault that you are in this situation. You have been only shown the old ways that do not work anymore. The Ira Smith Team uses new modern ways to get you out of your debt troubles while avoiding bankruptcy. We can get you debt relief freedom.

The stress placed upon you is huge. We understand your pain points. We look at your entire situation and devise a strategy that is as unique as you and your problems; financial and emotional. The way we take the load off of your shoulders and devise a debt settlement plan, we know that we can help you.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

That is why we can develop a restructuring process as unique as the financial problems and pain you are facing. If any of this sounds familiar to you and you are serious in finding a solution, contact the Ira Smith Trustee & Receiver Inc. team today.

Call us now for a free consultation.

We will get you or your company back on the road to healthy stress-free operations and recover from the pain points in your life, Starting Over, Starting Now.

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting. We hope that you and your family are safe and healthy.

cerb update
CERB update
Categories
Brandon Blog Post

WHAT HAPPENS IF YOU DIE WITHOUT A WILL IN ONTARIO? READ OUR INTENSE ANALYSIS

We hope that you and your family remain safe and healthy during this COVID-19 pandemic. The Ira Smith Team is fully operational. Both Ira and Brandon Smith are available to answer any questions you may have, for consultations or meetings. We are available by telephone, email or video meeting. Feel free to contact us.

what happens if you die without a will in ontario

What happens if you die without a will in Ontario introduction

I have been speaking to many lawyers to see what is happening in their marketplace since the onset of the COVID-19 pandemic. What they tell me is that many areas of their practice are quiet:

  1. Litigation and family law has slowed down because of the closure of the courts (other than for emergency matters).
  2. Both the courts being closed and people and companies obtaining government financial support through Canada’s COVID-19 Economic Response Plan have slowed insolvency matters right down.
  3. They also have said that there are not many large commercial real estate deals being done either, perhaps other than many lease amendments for mall landlords!

The one area though they say is very busy, due to the coronavirus pandemic, are the wills and estates lawyers. People are scared and this pandemic has made all of us face our own mortality. Therefore the wills and estate planning areas are quite busy.

Based on that discussion, I thought it would be timely to write Brandon’s Blog about what happens if you die in the province of Ontario without a will?

Composing will is commonly put-off because it is either expensive or troublesome. For sure it is not the most pleasant discussion to have.

The purpose of this Brandon’s Blog is to offer general details about what happens if you die without a will in Ontario. I am not a lawyer so this Brandon’s Blog is general in nature. It definitely is not meant to and must not be used as or to replace appropriate legal recommendations. So if you do not have a will or your will is terribly out of date, please consult with a wills and estates lawyer.

What happens if you die without a will in Ontario?

If you pass away without a will, the law states that you have passed away intestate. This means that you left no guidelines as to exactly how your property is to be divided and dispersed. In these circumstances, the Ontario Succession Law Reform Act regulates how your property will be dispersed to your surviving loved ones. Even if you desire your assets split according to Ontario legislation, you need to still have a will because it will certainly minimize hold-ups and the costs involved in dealing with your affairs.

So the Succession Law Reform Act, R.S.O. 1990, c. S.26 will dictate things and that is what happens if you die without a will in Ontario.

Dying intestate…who does that?

“Intestate” is a legal term that means “without a will.” According to the National Association of Estate Planners, approximately 1 in 50 people in the USA die without a will. And many of those people are famous, including modern movie stars and other famous people. The following list includes some famous people who died intestate:

  • Jimi Hendrix
  • Bob Marley
  • Sonny Bono
  • Stieg Larson
  • Pablo Picasso
  • Adam Goldstein aka DJ AM (who?)
  • Michael Jackson
  • Steve McNair
  • Howard Hughes
  • Abraham Lincoln

    what happens if you die without a will in ontario
    what happens if you die without a will in ontario

How is an estate is distributed If you die without a will in Ontario?

When an individual passes away without a valid will, it is called intestate. Ontario’s Succession Law Reform Act (the Act) lays out how the estate is dispersed.

According to the Act, unless someone who is financially dependent on the dead person makes a claim, the initial $200,000 of value is given to the departed individual’s spouse if she or he has chosen to claim his/her privilege. This is called the preferential share. The other possibility is to declare half of the net family property under the Family Law Act (Ontario). A lawyer will be very helpful in helping the spouse decide which is the better choice.

Anything over $200,000 is shared between the spouse and the descendants (e.g. children, grandchildren) according to specific policies. If there is no partner, the departed person’s kids will acquire the estate. If any one of them has died, that child’s descendants (e.g. the dead individual’s grandchildren) will inherit their share.

Assuming there are no legal challenges to rights to the property, this is what happens if you die without a will in Ontario. Where a spouse, children and grandchildren are involved, this is not a good place to leave them in.

What is a wife entitled to if her husband dies without a will?

Adding to what I just described, the Family Law Act defines a spouse as a married individual, and the term spouse in this family law legislation does not mean co-habiting parties or common-law spouses. Under this Act, a married spouse is entitled to get one-half of the amount through which the deceased person‘s net family assets exceed the net family assets of the surviving spouse.

This equalization payment makes certain that the spouse who is alive has the opportunity to share equally in any in the value of the assets that the couple made over their marriage. As I previously stated, the surviving spouse should elect to accept this payment OR to take what they are entitled to under the Act.

Under Ontario family law, assuming the surviving spouse does not own the matrimonial home outright or as a joint tenant with the deceased spouse, the family law statute in Ontario gives the surviving spouse certain rights. In that case, that spouse also has the right to continue to be in the matrimonial home for a period of 60 days following the death of their spouse, on a rent-free basis.

So as you can tell, there will be a lot of pain and uncertainty to the surviving spouse and that is what happens if you die without a will in Ontario.

Who will be in charge of my Estate?

Someone, such as a close loved one, will need to apply the court to be designated as the estate trustee without a will (Estate Trustee). The Estate Trustee has the exact same tasks as an executor, the only difference is that the Estate Trustee can’t start to act until the court gives permission. This can take a while, such as a busy court in the city of Toronto. As well as if nobody steps up, then the court will certainly have to designate a public trustee.

Once the Estate Trustee is appointed, they can then apply for probate in Ontario. Probate is a process to ask the court to:

  1. Provide a person with the authority to serve as the Estate Trustee of an estate.
  2. Or validate the authority of a person called the Estate Trustee in the deceased’s will.
  3. Formally accept that the deceased’s will as their legitimate last will

The court then issues a Certificate of Appointment of Estate Trustee With A Will when there is a will. As I mentioned above, if the person dies intestate, then the court issues the Certificate of Appointment of Estate Trustee Without A Will.

Here is a picture of what a Certificate looks like. It is redacted from one of our Estate Trustee files where the original Estate Trustees named in the will renounced their role:

what happens if you die without a will in ontario
what happens if you die without a will in ontario

With the Certificate, the Estate Trustee can prove to anyone of his or her authority. This is especially important because that is the document all banks look for before handing over money from the deceased’s bank accounts to the Estate Trustee. In the case of someone dying intestate, the appointing court order will serve as proof until the court then issues the Certificate.

Ira Smith Trustee & Receiver Inc. accepts assignments in acting as an Estate Trustee. The skills needed are very similar to ones we already have in acting as a licensed insolvency trustee. We do our Estate Trustee assignments under the name Smith Estate Trustee Ontario.

Having a will certainly enables a person to start acting on your behalf instantly after you pass away. If not, this is what happens when you die without a will in Ontario.

what happens if you die without a will in ontario
what happens if you die without a will in ontario

Duties of the Estate Trustee

As Estate Trustee we determine and locate all of the assets of the deceased. We must also identify all of his or her liabilities also. We need to make sure that funeral arrangements have been made and that the funeral costs and any other funeral expenses have been paid. We must understand the true nature of the assets and their market value. The administration of wills and estates (unless otherwise directed in a will) dictates that we must then sell them.

The Estate Trustee also needs to prepare all necessary income tax returns, pay all taxes owing as well as other debts. If there need to be any investigations, or if the estate is involved in litigation, the Estate Trustee must complete and manage those processes also.

The balance of funds left over after settlement of the liabilities and payment of all expenses, including those of the Estate Trustee and its legal counsel, creates the assets readily available for distribution from the estate. The Estate Trustee is a fiduciary and must perform the duties impartially. The Estate Trustee is also personally liable if any mistakes are made which causes one or more parties to suffer damages.

The duties and responsibilities of the Estate Trustee do not change whether or not there is a will. Without a will, what happens if you die without a will in Ontario is that you have lost the choice to appoint who you think will do the best job for your estate.

What happens to your property if you die without a will in Ontario?

Lots of people erroneously believe that the government takes the property from the deceased’s estate if you die without a will. Relax, that is not what happens if you die without a will in Ontario.

While of course, it is always better to have a will to direct what ought to take place to your assets after death, the law attempts to equitably distribute the assets of the deceased amongst the deceased’s spouse, children or grandchildren, as I have already described and further described below.

Who will get my Estate?

Without a will, you cannot pick who you’d like to receive the benefit of your estate. You can’t leave money to a charity you appreciate, you cannot leave any gifts to close friends and also you cannot allot money to cover the expense of taking care of your furry relative. Your estate will be dispersed using the provincial regulations that I already described. They have really little versatility and this is exactly what happens when you die without a will in Ontario.

what happens if you die without a will in ontario
what happens if you die without a will in ontario

What do children get when a parent dies without a will?

As already gone over, the Act sets up a scheme to divide the estate of a person who passes away without a will. If the deceased had assets worth less than $200,000 at the time of their death, their spouse will be entitled to the entire estate.

If the assets of the deceased are worth more than $200,000, after that preferred share amount (and the payment of all expenses of the estate), the remainder of the estate will be split as shown in the following examples:

  1. The deceased had a spouse and an only child. They each will get 50% of the rest of the estate.
  2. If the deceased had a spouse and more than one child, then you need to add up the total number of people. So, if there were three children, then, including the spouse, there are 4 people. The spouse and each child will get a 1/4 equal share of the remainder of the estate.

Under an intestacy, children have rights to both property and if applicable, support under the Act. However what occurs if an estate is worth $200,000.00 or much less and the children are entitled to support? The legislation of intestacy recommends that all the money goes to the spouse of the deceased to go towards the preferential share.

If required, the minor children, or their guardian, can bring a court application against the estate for assistance due to the fact that the children are specified as dependants under the Act. The child or children are primarily claiming, my deceased mom or dad had a legal commitment to support me at the time of his/her fatality. I still require to be supported. The court under those instances may access the assets of the estate, and various other assets such as insurance coverage or assets owned jointly with the deceased’s spouse, to fund an order for the support of those dependent children.

As you can see, what happens if you die without a will in Ontario can be very troubling for your loved ones, especially dependent children who do not deserve those problems. This alone should be a great reason for you to not hold of any longer in having an up to date will.

Who will take care of your dependent children?

If the dependent children don’t have another parent, the court will select a guardian for them. The guardian acquires all of the legal rights as well as the responsibilities of a mom or dad. There is no guarantee that the guardian will be the individual you think will certainly do it the best. The kids’ inheritance will be kept in trust until they reach the age of majority. This is what happens if you die without a will in Ontario.

What About Other Relatives?

If the deceased that died intestate leaves no spouse or kids living at the date of their death, then their estate is split between their parents. If they have no parents, it is then split among their brothers and sisters. If they have no brothers or sisters surviving them, it is shared amongst their nieces and nephews who are blood-related. If they have no blood-related nieces or nephews, after that it is dispersed amongst their next closest blood relative.

When an individual dies having no will and no blood relatives surviving them, only then will their net property end up being the property of the government. This is what happens if you die without a will in Ontario.

what happens if you die without a will in ontario
what happens if you die without a will in ontario

What happens to debt if you die?

I am regularly asked what happens to debt if you die, in addition to what happens if you die without a will in Ontario. I have written several blogs on the topic.

They are:

  1. WHAT HAPPENS TO DEBT WHEN YOU DIE CANADA: ARE YOU FREE OF DEBT
  2. WHAT HAPPENS TO MORTGAGE WHEN YOU DIE CANADA: DEBT PHILOSOPHY EXPLAINED
  3. CREDIT CARD DEBT AFTER DEATH IN CANADA: WHO IS RESPONSIBLE?

What happens if you die without a will in Ontario summary

I don’t know if the word “enjoyed” is appropriate for this topic. So, I will say that I hope you found this what happens if you die without a will in Ontario Brandon’s blog informative.

Our mix of empathy, experience and impartiality provides us with a distinct viewpoint and the capability to appropriately administer the estate, minimize problems and accomplish outcomes for all stakeholders in an economical way.

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  • Taking care of what happens if you die without a will in Ontario

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We provide a full range of services to provide solutions for the complex Estate issues to end the pain and frustration the stakeholders are experiencing. We apply our expertise and creative thinking to take care of all details to end your pain and achieve the goals of the beneficiaries and other stakeholders. Contact Smith Estate Trustee Ontario today for your free consultation.

Get our free full-scale analysis of your issues and our recommended options to solve your problems allowing you to move forward confidently. Check out our website by clicking here. All our details are there.

We hope that you and your family remain safe and healthy during this COVID-19 pandemic. The Ira Smith Team is fully operational. Both Ira and Brandon Smith are available to answer any questions you may have, for consultations or meetings. We are available by telephone, email or video meeting. Feel free to contact us.

what happens if you die without a will in ontario
what happens if you die without a will in ontario
Categories
Brandon Blog Post

EASY COMMERCIAL RENT RELIEF CANADA: THE SECRET TO CREATING A CORPORATE RESTRUCTURING

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Keep healthy and safe everybody.

Commercial rent relief Canada introduction

Commercial rent relief Canada is one of the biggest needs of Canadian businesses. This is a result of the COVID-19 induced economic shutdown. I have written before on this problem and about the Canadian government Canada Emergency Commercial Rent Assistance (CECRA) Program.

This program is part of Canada’s COVID-19 Economic Response Plan. The CECRA has been updated from its original version which I also wrote about. You can view the updated discussion in my blog – COMMERCIAL TENANCIES ACT ONTARIO: NEW FIX FOR YOUR UNRULY LANDLORD’S COVID-19 COMMERCIAL LEASE TERMINATION.

The purpose of this Brandon’s Blog is to discuss how “unused” leased premises have been treated differently so far under both US and Canadian corporate restructuring. I will also fill you in on the secret to get commercial rent relief Canada for Canadian bankruptcy protection and financial restructuring. Unfortunately, as you will see, it isn’t much of a secret!

Commercial rent relief Canada – The US version

The US bankruptcy courts have been generous and pragmatic in cutting companies who filed under Chapter 11 some slack in relation to leased premises that were unused due to the economic shutdown. There were two cases in particular that I previously wrote about.

Modell’s Sporting Goods, Inc. et al Chapter 11 bankruptcy proceedings

On March 12, 2020, the U.S. Bankruptcy Court District of New Jersey issued the Order authorizing the Chapter 11 bankruptcy application of Modell’s Sporting Goods, Inc. et al (Modell’s) submitted on March 11. Modell’s is America’s earliest, family-owned ran store of sporting items, sports footwear, clothing and equipment. It was founded in 1889.

On March 27, 2020, the court granted Modell’s court application making an order attending to both a bankruptcy suspension and an operational suspension. The bankruptcy suspension maintained the bankruptcy protection proceedings until April 30, 2020 (the Suspension Period). The operational suspension enables Modell’s to shut down all shops and also not operate. The judge additionally gave Modell’s the right to apply on brief notice to the court to extend the Suspension Period. The order went on to state the stay of proceedings holds throughout the suspension.

As part of their application, Modell’s submitted a modified budget to show what sources of cash it would have and also what expenditures it would pay during the Suspension Period. It likewise showed what expenditures were being incurred, but not paid. Commercial rent on every one of its shops was among the expenditures being accumulated but left unpaid.

Modell did not put any of the commercial lease payments in its amended spending plan. They needed to shut down every one of their stores as a result of the coronavirus pandemic. Shops shut suggests no sales. They were not going to pay rent at the same time the stores were not generating cash.

The court order accepted the modified budget plan. It also verified that the only payments that Modell’s would make were those indicated as most important. The business considered payments to every one of its landlords as non-essential. The court order did indicate that the accumulated and overdue commercial rent payments were not and also were not deemed to be waived or not payable.

Pier 1 Imports took a page from the Modell playbook

In February 2020, Pier 1 Imports, Inc. (Pier 1) declared Chapter 11 bankruptcy protection as part of trying to find a purchaser of its operations. It then closed all of its shops in Canada and most in the United States.

On Tuesday, March 31, 2020, following the Modell’s precedent, Pier 1 applied to the court to stop paying commercial rent on its US retail locations on a temporary basis. Pier 1 had to shutter all of its shops as a result of the COVID-19.

Following the Modell’s model, the court provided its approval. It is interesting to note that no commercial rent relief Canada was sought from the Canadian court.

commercial rent relief canada
commercial rent relief canada

Could this commercial rent relief Canada occur under Canadian bankruptcy protection?

So the concern is, could a business get this new Modell’s/ Pier 1 precedent to take place in a Canadian bankruptcy protection restructuring? Put another way, could Canadian companies being formally restructured get commercial rent relief Canada?

Under the CECRA program, landlords and tenants need to cooperate and agree with each other to apply for that commercial rent relief Canada. However, what if the landlord plays hardball? Can a Canadian firm declare bankruptcy protection in Canada and be successful in having the court order commercial rent relief Canada?

The two corporate restructuring statutes in Canada are the Part III Division I section of the Bankruptcy and Insolvency Act (Canada) (BIA) and the Companies’ Creditors Arrangement Act (CCAA).

There are no express arrangements in either statute to conjure up commercial rent relief Canada. Actually, the reverse is true. In either a restructuring or liquidation, the case law says that if a leased premise is being used then rent must be paid to the landlord. Fairness is part of the Canadian bankruptcy landscape. There are years of cases on this problem and they all wind up the very same. You don’t even have to be open for business. If you are tying up the location and preventing the landlord from the right of reentry, the rent needs to be paid.

However, there are two comparable sections in each of the BIA and CCAA. Section 183( 1) of the BIA says:

“183 (1) The following courts are invested with such jurisdiction at law and in equity, as will enable them to exercise original, auxiliary and ancillary jurisdiction in bankruptcy and in other proceedings authorized by this Act…”.

The wording has been interpreted by the courts to imply that the bankruptcy court in each province has the sole responsibility to supervise and approve all acts needed to be done for the correct administration of the Canadian insolvency system. This holds whether it is bankruptcy protection restructuring or straight-out bankruptcy liquidation.

The CCAA offers more adaptability in an insolvency business restructuring than the BIA does. Generally, the court will reach its decisions in a CCAA restructuring on the basis of fairness and also reasonableness. The court is required to be worried that what is being recommended is not prohibited and there are cogent reasons regarding why what is being proposed serves to benefit all or most of the creditors affected by the restructuring.

Until recently, a Canadian court has not published a decision in response to an application for commercial rent relief Canada due to the coronavirus pandemic shutdown in a BIA or CCAA restructuring.

We now have a commercial rent relief Canada answer from British Columbia

The case is Quest University Canada (Re), 2020 BCSC 921. Quest University Canada (Quest) filed for CCAA bankruptcy protection in January 2020. It had several motions between January and May to extend the restructuring proceedings.

Also in May, Quest premised its request for a boost in its restructuring interim loan facility, somewhat, on it deferring lease payments on four of its university residences from June-August 2020. Southern Star Developments Ltd. (Southern Star) is the owner of the residences and also Quest’s landlord. Southern Star and its mortgagee Bank of Montreal (BMO), objected to any lease deferment. The court had to figure out whether it is appropriate to allow Quest to delay rent payments to its landlord, Southern Star.

Quest mandated that as part of the educational experience, all students going to Quest were required to reside on campus in the residences. A significant percentage of Quest’s students (some 75%) were international students. In addition, some faculty members resided in the residences.

Effects developing from the COVID-19 pandemic, as experienced in BC, across Canada and all over the world, are well known. On March 12, 2020, Quest’s board of governors declared the closure of Quest to the general public. Students had to leave the campus and finish the springtime and summertime semesters online. All occupants vacated the residences. Only a small number of personnel stayed behind for security purposes.

Then the BC government issued a Ministerial Order whereby it declared a state of emergency. The federal government prohibited the entry of foreign nationals into Canada, initially except the United States under the Quarantine Act. The Canadian government then extended the ban to most travellers from the USA also.

The timing of the pandemic as well as its extreme repercussions couldn’t be worse for Quest in regards to its restructuring efforts.

Quest’s commercial rent relief Canada application like Modell’s and Pier 1

Without referencing the US bankruptcy protection court orders I discussed above, Quest made a similar application to the court. Quest was looking for commercial rent relief Canada just like was given to the US companies in the Chapter 11 cases.

On May 18, 2020, Quest advised Southern Star that it would not be making rent payments for the residences starting in June 2020. Quest said it needed to conserve cash due to the fact that the residences could not be used (the same argument as the Modell’s and Pier 1 cases). Quest mentioned the continuous restructuring process, the closure of on-campus learning and the unpredictability of what academic instruction it would be able to offer in fall 2020 as reasons for the deferral.

The court had so far accepted and approved interim financing to permit the restructuring to continue. Quest told Southern Star that it wished to discuss a rent deferral arrangement over the following numerous months. Quest hoped that Southern Star would be accommodating given their history of working together and the COVID-19 pandemic.

Unfortunately, Southern Star right away showed its unwillingness to do so. Southern Star stated that, without receipt of lease payments from Quest, Southern Star will certainly not have the ability to make its mortgage loan payments to BMO. For apparent reasons, that is not an enviable situation for Southern Star, nor obviously, BMO, to be in.

In late May 2020, Quest sought and obtained an increase in the approved interim financing by $3 million. The cash-flow forecast that supported that application, included the Monitor‘s Second Report, did not reference any kind of rent payments by Quest to Southern Star until October 2020. Accordingly, the accepted interim funding is not adequate to fund Quest’s lease payments over the summer season.

Quest contended that it is critical to preserve the use of the residences and its relationship with Southern Star. Quest says that its ability to restructure and continue as a university depends on it. They also content that Southern Star and BMO will not suffer any prejudice if the rent deferral is allowed. Quest believed that it would be able to make up the deferred payments sometime in the future.

Southern Star and BMO opposed the court granting that relief. They contend that they will be prejudiced if Quest does not have to make the rent payments.

The court’s decision in Quest’s commercial rent relief Canada application

The court’s analysis was very detailed. The BC court reviewed precedent decisions from various provinces, including Ontario. For Quest, an important question that it wanted the court to answer was were the residences being used?

Quest suggested that it left the residences because of safety issues and provincial health and wellness orders relating to the COVID-19 pandemic. It stated that it is only allowed to make use of the residences for student housing. The court did not equate this absence of physical use of the leased facilities by students with a total absence of “use”.

The court concluded that Quest is “using” the residences within the CCAA restructuring because:

  • Quest is allowing some staff members to live there.
  • It is insisting, as against Southern Star as landlord of the residences, according to its right to quiet enjoyment of the residences. Simply put, Quest is exercising its right to “use” the residences, as usual, notwithstanding they are mostly vacant.
  • Certainly, since June 2020, Quest was able to populate the residences with students or other persons safely. This would be consistent with what they have done every past summer season.
  • The court did not see the use over the summertime as being irregular with the specified and allowed use of the residences.
  • As of June and proceeding right into July and August 2020, the principal reason the residences are vacant is no different than from previous summers. In previous summers, Quest had to pay rent to Southern Star because it was still “making use of” the residences.
  • Quest has actually not chosen to disclaim the (Sub)leases. On the contrary, Quest’s evidence is that the residences are essential and it must maintain them to advance the possible restructuring options available to them. The existence of the residences, and Quest’s legal rights to their use, remain a crucial marketing factor in relation to possible financial partners.

Fairness is a typical touchstone in CCAA and all insolvency proceedings. In the court’s view, substantial indicia of unfairness arise by permitting the rental fee deferment. The court stated that it had the option to allow Quest to choose to pay the rent. The court stated however that it did not have the right to prevent Southern Star from requiring payment and taking action in the face of any kind of default.

The court found that it was not appropriate to grant the rent deferment sought and dismissed Quest’s application. In doing so, the court followed the long line of cases in both CCAA and BIA restructuring cases as well as bankruptcy liquidation cases. By not granting the commercial rent relief Canada requested, it differentiated the Canadian insolvency system from the US system as seen in the Modell’s and Pier 1 cases.

A word of caution:

  • There is no discussion in the decision that Quest attempted to claim or rely upon a force majeure argument.
  • Notwithstanding how detailed the court’s analysis is, this BC court decision is not binding on courts in other provinces.

So as I said at the beginning, the secret to getting commercial rent relief Canada in a formal restructuring simply based on this court decision is either reach a deal with the landlord on your own or just hand the premises back to the landlord. Those are the only ways!

Commercial rent relief Canada summary

I hope you enjoyed this commercial rent relief Canada Brandon’s Blog. The Ira Smith Team family hopes you and your family are staying safe, healthy and well-balanced. Our hearts go out to every person who has been affected either through inconvenience or personal family tragedy.

We are all citizens of Canada and we have to coordinate our efforts to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Family members are literally separated from each other. We look forward to the time when things can return to something close to normal and we can all be together again physically.

Ira Smith Trustee & Receiver Inc. has always employed clean and safe habits in our professional practice and continues to do so.

Revenue and cash flow shortages are critical issues facing entrepreneurs and their companies and businesses. Should you take advantage of the CEBA? I say a resounding YES!. I just wanted to highlight all of the issues that you should consider.

If anyone needs our assistance, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

Are you now worried just how you or your business are going to survive? Those concerns are obviously on your mind. This pandemic situation has made everyone scared.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

We understand that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

The Ira Smith Team is totally operational and both Ira and Brandon Smith are here for a telephone consultation, conference calls and virtual meetings.

Keep healthy and safe everybody.

commercial rent relief canada
commercial rent relief canada
Categories
Brandon Blog Post

TO DEBT DO US PART BUT I CAN’T PART WITH MY LIFE-CHANGING COVID-19 ECONOMIC RESPONSE PLAN

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To debt do us part introduction

To debt do us part many times is confused with Til Debt Do Us Part. That of course was the Canadian television series created by Frantic Films for Slice in Canada, Zone Reality in the UK as well as CNBC in the United States. It was hosted by Gail Vaz-Oxlade, who weekly advised a couple that is in debt and also having troubles in their marriage or relationship.

Over the last couple of days, I read two crazy articles involving what people have done with federal coronavirus relief money. One from the United States and the other from Canada:

The title catchphrase to debt do us part seems particularly apt to me in the context of the Canadian federal government COVID-19 Economic Response Plan to assist Canadians and their companies. Especially if people are going to do crazy things with money they desperately need to live on.

With that as the backdrop, I thought it would be a good time in this Brandon’s Blog to review where we are at this stage of the pandemic and why no matter how much good information about money management there may be available to people, some will insist on to debt do us part.

This 2020 to debt do us part is something brand new

The economic pain and worry Canadians and businesses are experiencing this time around is something brand-new. It is hitting people and companies that have always made their repayments on time. To debt do us part was never part of their vocabulary or lifestyle. They’ve never needed to get a deferral. It is very unpleasant and unsettling. To debt do us part is a very real worry for every Canadian today.

Now that the majority of us have remained in quarantine, we’ve had a lot of time to look at our money behaviours. Have they transformed since we’ve been able to take a look at our cash? Are we most likely to be taking a look at it differently now moving forward? I say yes. I don’t assume any person is going to exit this COVID-19 pandemic unscathed financially.

I have been blogging for years about the need for every Canadian to have in their monthly budget a line item for putting savings into an emergency fund in case of an unforeseen crunch. Before the lockdown, many Canadians were in trouble already. In the 3rd quarter of 2019, we saw household debt to income numbers at around 176%. So that statistic means that for every single dollar we brought in, we owed $1.76. Typically, for an emergency reserve, you should have 3 to 6 months of liquid funds readily available to you. Most Canadians did not.

An emergency fund doesn’t have to be in a very low interest-bearing savings account that you can go to an ATM for. Certainly, it also didn’t need to be cash stuffed in your mattress in the house. It could have been in the form of financial investments that could be liquidated fairly quickly without suffering a loss, should an emergency arise and you needed to get your hands on some money quickly.

By an emergency situation I mean something like a major medical expense, being laid off of work or something like this coronavirus pandemic causing you a loss of earnings such as now being experienced by lots of people as our economy shut down.

The government had no choice for to debt do us part

As a result of so many people being so scared and facing to debt do us part in the face, the federal government had no choice but to come up with a support package for Canadians and Canadian companies. The combination of support programs is wrapped up in the omnibus title of the COVID-19 economic response plan. I have written before on many of the support programs. The federal assistance programs for Canadian business include:

When government support ends to debt do us part

The Canadian federal government had no choice but to provide an aid bundle for Canadians. This point highlights the truth that maybe most Canadians were not prepared with an emergency fund. To debt do us part was part of their everyday life. Unlike the two people in the articles I mentioned in the introduction to this Brandon’s Blog, I think this has been a big wake up call for a lot of people about their to debt do us part.

This is not the moment to be talking to your lender for new credit when you have too much debt. However, it is a perfect time to start thinking about your monthly after-tax income and your monthly spending. You want to get that under control so that you are not spending more than you earn and that your monthly budget has a line for your emergency fund savings. You need to first get on the solid monetary ground while the government’s support programs are still in force.

But what happens to debt do us part when the support programs and the various deferral programs offered by the banks end? In several previous blogs, I hypothesized that the Canadian government cannot end the programs on the original end dates of September 1, 2020. My feeling was that Canadian people and companies would not be ready to go from support to no support so drastically and would have to extend the programs potentially until the end of the 2020 calendar year. Some of these blogs were:

Since then, the federal government has announced several extensions to certain programs:

  • Canada Revenue Agency (CRA) is expanding the payment due day for existing year personal, company, and trust tax returns, including instalment payments, from September 1, 2020, to September 30, 2020.
  • The federal government will give eight added weeks of benefits for people whose jobs or income have actually disappeared as a result of the COVID-19 pandemic, however, only if they look for a job and take one when it’s reasonable to do so.
  • A CEWS extension that will prolong the program up until November 21, 2020, with the intent to supply additional support up until December 19, 2020.

So with these extensions providing extra support, now is the time for everyone to try to get their financial house in order.

How do people avoid to debt do us part in the first place?

I was asked recently in a Facebook business group I belong to:

How do people better put themselves in better financial health in the first place?

My answer was:

That is a great question. It all has to start with understanding clearly your monthly after-tax income, monthly expenses and having a budget that you follow. Each month the budget must include putting something away to an emergency fund and making sure that your income tax is being paid regularly. So that what you are spending is truly after-tax money. All of that can be summed up as living within your means. That goes for your business too.

So while there are still government support programs, now is the time to take a hard critical look at your financial situation and make concrete plans to try to avoid the realities of to debt do us part.

People were already teetering on solid ground. It’s most likely to underscore the value of actually meeting with an expert if you do not know how you get out of this debt on your own. Sitting down with someone like a qualified financial advisor, a community-based credit counsellor or a licensed insolvency trustee is what you need to do.

If the debt is howling at you, you need to really have a strategy to get out of it. When you intend to drop weight, you seek a weight reduction program to educate you. You may additionally choose a personal trainer to help you with an exercise program. So, why not locate somebody to assist you and educate you to shed your debt as well as keep it in control?

You do not need to do that all on your own. It’s going to take some imagination, maybe some cost-cutting, maybe some increased revenue or a combination of all of these. We’re not out of this yet, and eventually, the deferrals and support programs will end. Take action now so that you can have a clear path going forward. Nobody says it will be easy, but to debt do us part does not have to be part of your life forever.

Payday loans and credit card advances are not the answer to debt do us part

Something individuals in the red can refrain from doing is trying to go deeper into debt by raising money on a brand-new debt to repay an old one. When you already have too much debt, the only likely source for this kind of cash that I see is either cash advance on an existing charge card or a payday loan. Regardless, you will be paying a lot more interest than on the original financial obligation you are attempting to refinance.

Payday loans are extremely easy to get. You can go shopping online. You can have cash in your account within a couple of hours. The issue is, depending on the province that you’re in, these are astronomical interest rates as high as 600 percent. It might fix that short-term issue, but what you’re mosting likely to have to handle in the future normally winds up being more payday advances rolling right into a really negative situation. Very same with the cash advance from your credit card. Not as bad as payday loans, however still 20% to 29% rate of interest doing that.

The courts are shut now. Financial institutions are not chasing anybody. People are still obtaining those deferrals. You are not having to pay tax obligations. You can defer paying your tax obligations until the end of September.

So as quickly as we get back to a “new normal”, creditors will certainly begin to call. You will certainly have to pay your mortgage, your taxes and your various other costs. Will that be something people will have the ability to afford? While we still have this “break”, it is actually the very best time to look at your overall picture, your revenue and also expenditures, your month-to-month spending plan. It is additionally the best time to get the expert help you need if you can not do it on your own. This is the ideal time to map out a strong strategy.

To debt do us part summary

I hope you have found this to debt do us part Brandon’s Blog interesting and helpful. The Ira Smith Team family hopes that you and your family members are remaining secure, healthy and well-balanced. Our hearts go out to every person that has been affected either via misfortune or inconvenience.

We all must help each other to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Families are literally separated from each other. We look forward to the time when life can return to something near to typical and we can all be together once again.

Ira Smith Trustee & Receiver Inc. has constantly used clean, safe and secure ways in our professional firm and we continue to do so.

Income, revenue and cash flow shortages are critical issues facing entrepreneurs, their companies and individual Canadians. This is especially true these days.

If anyone needs our assistance for debt relief Canada COVID-19, or you just need some answers for questions that are bothering you, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

to debt do us part
to debt do us part

 

Categories
Brandon Blog Post

THE BEST CEWS EXTENSION NEWS REVIEWED

cews extension
cews extension

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would prefer to listen to the audio version of this Brandon’s Blog, please scroll to the bottom of the page and click on the podcast.

CEWS extension introduction

On Friday, July 17, 2020, the federal government made an announcement regarding the Canada Emergency Wage Subsidy (CEWS). The CEWS extension deals with both extending the date the program continues to and also amends some of its provisions.

This Brandon’s Blog discusses the proposed changes announced by Finance Minister Bill Morneau. I caution that this is merely an announcement about the Liberal government’s intention to make a legislation change. Right now there is no new legislation on the books so the final CEWS extension may look different than what was announced.

CEWS status prior to the July 17 announcement

The CEWS was put in place for an initial 12-week duration from March 15 to June 6, 2020, giving a 75-per-cent wage aid to eligible companies. In my May 20, 2020 blog, CANADA EMERGENCY WAGE SUBSIDY: HELPING YOUR COVID-19 BUSINESS RECOVERY, I wrote about Prime Minister Justin Trudeau introducing on May 15, 2020, amendments to the program to aid businesses to prepare for reopening. These companies needed to be able to rehire workers laid off when the state of an emergency closure was proclaimed.

Justin Trudeau’s May announcement was of a CEWS extension for 3 extra months to August 29. The CEWS covers 75% of a staff member’s wage or salary – as much as $847 per week – for qualified employers. For those able to in addition gain from the Temporary 10% Wage Subsidy for a period, any kind of credit taken under that program will decrease the total to be declared under the CEWS for that precise same period.

Another CEWS extension was inevitable

CEWS is just one of many support programs under the federal government’s COVID-19 Economic Response Plan. In my July 8, 2020 blog, CANADIAN BUSINESS: WHAT WILL BE THE ULTIMATE BUSINESS IN ONTARIO RECOVERY PROGRAM?, I talked about not only the inevitability of a CEWS extension but of extensions for the other government support programs. It is not that I am some insightful visionary, it is just as simple as the coronavirus is not going away. Similarly, the financial pain being experienced by entrepreneurs and their companies and by ordinary people is also not going away.

Everyone will certainly need to stand on their own 2 feet just like they needed to prior to the COVID-19 pandemic. Until the CEWS extension news last Friday, the Canadian company assistance programs were all set up to end August 31. I asked the question “What will take place then?”.

My personal idea was that the government will certainly not be able to finish the financial assistance programs that soon. Instead, I wrote they will certainly have to prolong all the programs once more. They may modify them to start the process of weaning Canadians off of COVID-19 Economic Response Plan assistance. However, they would certainly need to be extended.

I wrote that the government would not intend to extend for more than 90 days, however, Xmas would come shortly after the expiry of a 90-day extension, pandemic or no pandemic. The only part that I got wrong was that the government would not want to shut down the faucet prior to Christmas. So, I wrote that it suggested an extension until January 1, 2021. I also don’t see one thing in the CEWS extension that I predicted. That the government will accompany the new extension with an alert to every Canadian to get their affairs in order since there will certainly be no more assistance programs after December 31.

As I will explain below, I did not see such a warning in last Friday’s announcement.

The CEWS extension

The CEWS safeguards jobs by helping organizations maintain workers on the payroll and also motivating companies to re-hire employees formerly laid off. The Canadian government says that since the CEWS was launched, 3 million Canadian workers have actually had their work sustained, and that number continues to expand.

Finance Minister Bill Morneau revealed last Friday that the CEWS extension would include program changes that would widen the reach of the program. It would also offer much better-targeted assistance to ensure that more workers can return to their jobs promptly as the economy reboots.

The proposed modifications included in the Federal government’s draft proposed legislation for the CEWS extension would:

  • The CEWS extension will prolong the program until November 21, 2020, with the intent to supply additional support until December 19, 2020.
  • Make the subsidy obtainable to a more comprehensive range of companies by consisting of employers with a revenue decrease of less than 30 percent and also offering a slowly lowering base aid to all eligible employers. This would help numerous employers with less than a 30% revenue loss obtain assistance to keep employees.
  • Introduce a top-up subsidy of approximately an extra 25 percent for employers that have actually been most adversely affected by the pandemic. This would be especially practical to companies in industries that are recovering much more slowly.
  • Offer certainty to companies that have actually already made company decisions for July and August by ensuring they would not have their subsidy lower than they would have had under the previous policies.
  • Address specific concerns recognized by stakeholders.

These recommended adjustments come from consultations with labour and business representatives on making certain that the CEWS extension remains to save jobs and help with economic growth.

By helping employees shift back to their jobs and sustaining companies as they boost revenue, these adjustments go to give support to companies to have some certainty that they need to bring back workers.

There are other government subsidy programs too

The federal government continues to evaluate as well as react to the impact of COVID-19 and stands ready to take extra actions as required to maintain the economy. So, perhaps we will see announcements soon, just like the CEWS extension announcement, to extend:

Only time will tell. I will certainly keep you updated as more announcements are made.

“We are ensuring that Canadians are able to get back to work as quickly as possible. The adjustments we are proposing would ensure that the CEWS continues to address Canadians’ needs while also positioning them for growth as economies continue to gradually and safely reopen.” – Bill Morneau, Minister of Finance

CEWS extension summary

I hope you have found this CEWS extension Brandon’s Blog interesting and helpful. The Ira Smith Team family hopes that you and your family members are remaining secure, healthy and well-balanced. Our hearts go out to every person that has been affected either via misfortune or inconvenience.

We all must help each other to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Families are literally separated from each other. We look forward to the time when life can return to something near to typical and we can all be together once again.

Ira Smith Trustee & Receiver Inc. has constantly used clean, safe and secure ways in our professional firm and we continue to do so.

Income, revenue and cash flow shortages are critical issues facing entrepreneurs, their companies and individual Canadians. This is especially true these days.

If anyone needs our assistance for debt relief Canada COVID-19, or you just need some answers for questions that are bothering you, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

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Brandon Blog Post

CANADIAN BUSINESS: WHAT WILL BE THE ULTIMATE BUSINESS IN ONTARIO RECOVERY PROGRAM?

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Canadian business introduction

In April 2020, a survey of entrepreneurs who own what could be called a small Canadian business across the GTA was conducted. It found that almost two-thirds of them might have to shut down for good as they struggle to stay on top of rent and other bills throughout the COVID-19 pandemic.

In this Brandon’s Blog, I look at entrepreneurs in Canadian business, both small and large, and talk about the one essential ingredient that will determine Canadian business success or failure. This one necessary item may turn out to be the only Canadian business recovery program that will ultimately work.

Canadian business opening-up again

Many are progressively opening up under local, provincial and federal government guidance. They need to navigate a host of constraints, including restrictions on the number of customers at any one time. I have read that many say the restrictions with their added layer of costs may stop them from being profitable. Even though COVID-19 cases appear to be under control in Ontario, companies have actually reopened to dramatically smaller sized groups, imperilling their survival.

To save local Canadian businesses, and the millions they employ, the federal government developed Canada’s COVID-19 Economic Response Plan. The federal assistance programs for Canadian business include:

I have already written about most of these support programs. I have attached relevant links above so that you can read up on the various support programs for Canadian business.

Provincial governments have also stepped up. For example, in Ontario, the Doug Ford Conservative government has implemented:

  1. Interest/penalty relief – Canadian business in Ontario will get five months of interest and fine relief to make payments for taxes administered by the Province. From April 1, 2020 – August 31, 2020, Ontario will not apply any penalty interest on any late-filed returns or incomplete or late tax obligation payments under the Employer Health Tax, Tobacco Tax and Gas Tax obligations. This enhances relief from the federal government on interest and other charges from not remitting the amount owing for corporate income tax.
  2. WSIB payment deferments – Employers can delay WSIB payments for 6 months.
  3. Rent support for local Canadian business – Ontario has partnered with the Government of Canada on the Ontario-Canada emergency commercial rent assistance for small businesses and landlords experiencing financial problems throughout the COVID-19 pandemic.

But there are still Canadian business problems

Despite all these support programs, the Canadian business world still has to figure out how to pay the balance of their rent, utility, insurance as well as a host of various other recurring expenses. While some have had the ability to delay these expenses, they can’t do so for life. Companies will become required to take care of their unmet commitments. They will also have to figure out how they are going to go back to paying all their expenses in full once the support programs end and business has not yet come back to the pre-coronavirus pandemic level.

Some companies may have enough cash savings to ride out the pandemic or can access fresh cash resources from owners. That is both good and bad. Entrepreneurs will take from their retirement savings, and in some cases deplete them, in the hopes of keeping their business alive long enough to survive and once again be profitable. It is highly doubtful that Canadian business will be able to borrow from the Banks as a source of fresh capital under these circumstances.

For a lot of others, the crush of past-due costs will certainly limit and maybe even end their business.

What happens when the government support programs end?

That is a big question that I get asked always. The answer is somewhat obvious: Everyone will have to stand on their own two feet just like they had to before the COVID-19 pandemic. Right now all the Canadian business support programs are all scheduled to end August 31. What will happen then?

My personal belief is that the federal and provincial governments will not be able to end the economic response support programs that soon. Rather, I think they will have to extend all the programs again. They may tweak them to begin the process of weaning Canadian business off of government support. Nevertheless, I feel they will have to be extended.

I think the extension will come with stark warnings. I believe the government would not want to extend for more than 90 days, but Christmas will still come in December. Pandemic or no pandemic. Nobody will want to shut off the tap before Christmas. So, that means an extension until the end of the calendar year 2020. With it, the governments will have to warn everyone to get their houses in order now because for certain there will be no more support programs after December 31.

I don’t have any inside information. I am just guessing. But to me, that seems the most realistic to still help Canadian business because entrepreneurs and workers are still all scared. At the same time, the governments’ exit strategy time clock begins ticking. Everyone will have a fair warning.

There is one precious commodity Canadian business will need when the support programs stop

Please humour me. Let us just say you find my prediction to be a reasonable one. On January 1, 2021, Canadian business is not all of a sudden flush with cash. They have survived. Entrepreneurs will still be scared. They certainly will not hire everyone back with an uncertain economic climate. All of the creditors of the businesses will start demanding payment in full. They have been patient and understanding. But now, all business debts will be demanded.

What is the one commodity Canadian business will desperately need? Cash is an obvious one but, no more is coming. Not from the government, the Banks or investors. Entrepreneurs are already tapped out having used personal savings to keep their businesses afloat. The most precious commodity Canadian business will need is TIME. Time to gear up again. Time to get back on their feet and bring in some cash. The Courts will have reopened. Creditors will begin to sue. There will be no more “time-outs” built into our Canadian economic system.

How will businesses get the time they need?

Bankruptcy protection will very likely be the answer

Breathing time that briefly ices up the need to pay off old debt while letting Canadian business function and have the time to find a strategy to keep going. In most cases, that will only be able to happen with a bankruptcy protection insolvency filing.

While bankruptcy is only thought of with going out of business, there are two Canadian federal statutes that allow viable businesses to develop a restructuring plan to lead them back to success. The trouble is that bankruptcy laws don’t give sufficient time to do this while there is still a pandemic. Ongoing COVID-19 health problems will likely suppress the Canadian economy in 2021.

Some out-of-the-box thinking and creativity are going to have to go into bankruptcy restructuring. It will be incumbent on licensed insolvency trustees (formerly called bankruptcy trustees), insolvency lawyers and the courts to recognize viable businesses that deserve to survive. This will be the case even if the processes being recommended are a bit unorthodox. These times are unorthodox and the solutions will have to fit the realities of our time.

I have previously written many blogs on how the two Canadian insolvency statutes can be used to allow Canadian business to restructure. The two statutes are:

For the purpose of this blog, I won’t repeat what I have previously written about corporate restructuring under either the BIA or CCAA. For this blog, what you need to know is that CCAA proceedings are for companies with $5 million or more of debt. BIA proceedings are for those companies with $4,999,999 of debt or less. Both statutes allow for bankruptcy protection filing. They are the Canadian equivalent to Chapter 11 bankruptcy protection in the United States.

How will bankruptcy protections help Canadian business?

For numerous companies battling the consequences of COVID-19, the main issue will not be a massive backlog of debt. It will be the inability to pay off the debt fast due to an absence of immediate profits. Cash will be needed to carry on business and make commitments on a go-forward basis. Given enough time, Canadian business will be able to repay its debts which accrued during the coronavirus shutdown. Unfortunately, the time Canadian business will need will be much longer than how much longer creditors will be willing to wait.

This is where bankruptcy protection filing, under either the BIA or CCAA comes in. First, under a bankruptcy protection filing, there is an automatic stay of proceedings. Creditors will not be able to start or continue collection efforts. This includes repossession by secured creditors or beginning or continuing legal proceedings.

Other benefits of a bankruptcy protection filing for Canadian business will be:

  1. Buying some time to come up with a restructuring plan to keep viable businesses in operation.
  2. Saving jobs through restructuring rather than liquidating the assets of many companies.
  3. Allowing for the sale of entire business units to be integrated into other healthier companies in order for businesses to survive, albeit in a different legal format.
  4. To allow for the sale of redundant assets to raise much-needed cash.
  5. Get out of onerous equipment, IP or premises leases/contracts that need to be jettisoned or else a restructuring is not possible.
  6. Stopping secured lenders from calling a default on loan facilities due to either cash or non-cash impairment charges leading to going concern worries.
  7. Obtain operating capital by way of a new debtor-in-possession loan credit facility for restructuring. Most companies outside of a formal restructuring will be unable to borrow any more money as I have already mentioned. However, in a BIA or CCAA Canadian business restructuring, the court can approve emergency funding and raise that operating loan to the top of the pile by giving it a priority secured loan position.
  8. Stopping Canada Revenue Agency (CRA) from starting or continuing garnishee tactics, general collection efforts and especially placing liens on business property for unpaid taxes.
  9. To allow companies to restructure their debt and clean up their balance sheets in a post lockdown economy.

The biggest resource Canadian business will need is also going to be its largest enemy

So as you can see, I believe that the most important resource that Canadian business will need to survive will not be cash. It will be time. Creditors will no longer want to give businesses more time to repay. Companies will need more time to get back on their feet when the COVID-19 Economic Response Plan support programs end.

The only way I can see that truly happening while allowing for proper restructuring of viable businesses will be under bankruptcy protection filings. Those businesses that are not viable, by definition, will fall by the wayside causing more harm to many good people.

So this why I say formal bankruptcy protection proceedings to allow viable businesses to restructure will be the ultimate business recovery program in a post-lockdown Canada.

Canadian business summary

I hope you have found this Canadian business Brandon’s Blog interesting and helpful. The Ira Smith Team family hopes that you and your family members are remaining secure, healthy and well-balanced. Our hearts go out to every person that has been affected either via misfortune or inconvenience.

We all must help each other to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Families are literally separated from each other. We look forward to the time when life can return to something near to typical and we can all be together once again.

Ira Smith Trustee & Receiver Inc. has constantly used clean, safe and secure ways in our professional firm and we continue to do so.

Income, revenue and cash flow shortages are critical issues facing entrepreneurs, their companies and individual Canadians. This is especially true these days.

If anyone needs our assistance for debt relief Canada COVID-19, or you just need some answers for questions that are bothering you, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

canadian business
canadian business
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CANADA EMERGENCY WAGE SUBSIDY: HELPING YOUR COVID-19 BUSINESS RECOVERY

The Ira Smith Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Stay healthy, well balanced and safe and secure everyone.

Introduction

Statistics Canada says the annual cost of living rate went negative in April as the economy came to a standstill in the very first full month of the pandemic. The agency says the consumer price index for April fell 0.2 percent compared with a year ago as energy rates did a nosedive. It was the very first year-over-year decline in the CPI since September 2009. As a result, on May 15, Prime Minister Justin Trudeau announced some amendments to existing Federal government support programs, including the Canada Emergency Wage Subsidy program, to help during this COVID-19 pandemic.

Millions of Canadians have actually lost their jobs due to the COVID-19 pandemic. As our economic recovery gradually begins, any place feasible to do so securely, Canadians need to return to work. Businesses opening up again safely will bring life back into the Canadian economic climate. That is exactly why the federal government generated the Canada Emergency Wage Subsidy (CEWS) (initially called the Canada Emergency Response Benefit) in March.

Canada Emergency Wage Subsidy extended

I have previously written about the federal government assistance programs to help both workers and employers. The overall umbrella name for all the programs is the COVID-19 Economic Response Plan. When the CEWS program was launched, critics quickly pointed out that it did not cover all types of businesses. They also wondered if the original program, scheduled to end June 30, was long enough to really help the economy.

On May 15, PM Trudeau introduced amendments to the program to help businesses get ready for reopening. These companies need to be able to rehire workers and with any luck perhaps hire even more than they had when the state of an emergency shutdown was declared. So, the CEWS is extended for 3 extra months to August 29. The CEWS covers 75% of an employee’s salaries– up to $847 per week – for eligible employers. For those able to additionally benefit from the Temporary 10% Wage Subsidy for a period, any credits taken under that program for a pay period will decrease the amount available to be claimed under the CEWS for that exact same time period.

The 1 part of your business your customers are most worried about

So businesses currently have some runway to get restarted. This is a good thing as businesses will certainly need funding to reactivate. Specific businesses might need a few extra staff members than they had before the shutdown. I just read this morning an article about what restaurants and other businesses may have to do to make customers feel at ease about returning.

The one area of the business that people might fear is the washroom. The article raises the following questions that should be answered before reopening:

  • How many people can be in there at one time?
  • Is every other urinal in the men’s room going to have to be sealed off?
  • Are the barriers between stalls and urinals sufficient?
  • Do the sinks have automatic taps or will patrons have to use the handles to turn on the water?

So a new job category that really hasn’t been seen much since the early 1960s might just come back – the washroom attendant. The business will have to make sure they can prove to their customers and clients that the washrooms are being cleaned on a very regular basis. Someone will have to make sure that there are only a limited number of people in a washroom at one time so that social distancing can be maintained. This could lead to new jobs!

Other amendments to the CEWS

The CEWS will ideally keep encouraging companies to rehire staff and even broaden where possible. The federal government has actually pledged, for moving forward, that it will work with company and labour stakeholders on any other changes that might be required.

Among the important things, they will certainly be looking at the 30% income drop limit for eligibility. As companies start-up, satisfying that revenue test should not be an obstacle to growth. Although all businesses require aid, certain ones could not fulfill the revenue decline test. There are two main factors. The revenue decline examination is on a monthly basis. Considering that the first half of March businesses were operating normally, many could not meet the test for that month. Startup companies probably couldn’t either.

Other businesses did not qualify not because of the revenue decline test, but because their business did not meet the original definition. So, Justin Trudeau announced broadened eligibility for the CEWS benefit. Previously, only corporations and charitable organizations were eligible employers for this wage subsidy benefit. Now the list has been expanded.

The eligible employer list has now been expanded and includes:

  • individuals (including trusts)
  • taxable corporations
  • persons that are exempt from corporate tax (Part I of the Income Tax Act), other than public institutions:
  • non-profit organizations
  • agricultural organizations
  • boards of trade
  • chambers of commerce
  • non-profit corporations for scientific research and experimental development
  • labour organizations or societies
  • benevolent or fraternal benefit societies or orders
  • registered charities
  • partnerships consisting of eligible employers

Public institutions continue to not be eligible for the subsidy. This includes municipalities and local governments, Crown corporations, public universities, colleges, schools and hospitals.

Canadian Emergency Business Account (CEBA)

In my April 13 blog, COVID 19 BUSINESS SUPPORT: CANADA EMERGENCY BUSINESS ACCOUNT REVIEW, I described the CEBA in detail, as the program then existed. On May 15, at the same time, he was announcing the extension and changes to the CEWS, PM Trudeau also announced an expansion of the CEBA program. The expansion is meant to include an important part of the Canadian economy that was previously excluded. I think the exclusion was inadvertent, in the government’s rush to get the program out. So Justin Trudeau announced that the CEBA program will also now include:

  • Sole proprietorships/partnerships.
  • Any other form of owner-operated businesses.
  • Businesses that hire contractors but not employees, so they do not have a payroll account with the Canada Revenue Agency.
  • Family-owned businesses where remuneration is paid via dividends, not salary.
  • Businesses where the proprietor uses a personal bank account for business purposes rather than a business operating account.
  • Newly created businesses.

This should go a long way to removing previous inequities in the CEBA program.

So now, the list of ineligible businesses is relatively narrow, being:

  • A government organization or body, or an entity owned by a government organization or body.
  • A union, charitable, religious or fraternal organization or an entity owned by such an organization or if it is, it is a registered T2 or T3010 corporation that generates a portion of its revenue from the sales of goods or services.
  • A business owned by any Federal Member of Parliament or Senator.
  • One that promotes violence, incites hatred or discriminates on the basis of sex, gender identity or expression, sexual orientation, colour, race, ethnic or national origin, religion, age, or mental or physical disability, contrary to applicable laws.

Summary

I hope you found this Canada Emergency Wage Subsidy Brandon’s Blog helpful. It should be of particular interest to contractors, developers and builders in Ontario.

The Ira Smith Team family hopes that you and your family members are remaining secure, healthy and well-balanced. Our hearts go out to every person that has been affected either via misfortune or inconvenience.

We all must help each other to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Families are literally separated from each other. We look forward to the time when life can return to something near to typical and we can all be together once again.

Ira Smith Trustee & Receiver Inc. has constantly used clean, safe and secure ways in our professional firm and we continue to do so.

Revenue and cash flow shortages are critical issues facing entrepreneurs and their companies and businesses. This is especially true these days.

If anyone needs our assistance, or you just need some answers for questions that are bothering you, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

The Ira Smith Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Stay healthy, well balanced and safe and secure everyone.canada emergency wage subsidy

 

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MY 13 BEST HOW TO SAVE MONEY IN CANADA PANDEMIC HACKS YOU NEED TO KNOW

how to save money in canadaThe Ira Smith Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Stay healthy, well balanced and safe and secure everyone.

Introduction

It has now been two months since the COVID-19 pandemic state of emergency. I have spoken to many people who have contacted me about either their personal financial situation or their business financial condition. For entrepreneur’s it is both as their business and personal lives’ are totally intertwined and interdependent. In Brandon’s Blog, I provide my 5 best how to save money in Canada pandemic hacks. These tips answer the most frequently asked questions I have encountered.

Everyone has questions about their money. There is so much uncertainty. People want to know what to do. It’s such an unprecedented time in Canadian history and the economy for everyone. It is worrisome for everyone when considering their finances. Everyone is worrying about everyday household expenses, their budgets and their wallets.

It’s so stressful for so many people. Of course, a lot of people have already lost some or all of their income and even people who haven’t are worried that they’re going to.

So across the board, people have a lot of anxiety.

Hack #1 – Cut back on spending and control what you can

Thankfully, by staying at home, it makes it easy to scale back on our spending. DO NOT use online shopping as a new hobby or just something to do because you are bored. Brighten your spirits right now by knowing that your spending has lowered because we are not leaving our house. There is a lot of spending that has naturally dropped. Things like restaurants and gas spending. Admittedly, if you own a restaurant or gas station, this will not lift your spirits.

Even if you used to buy lunch going to work all of that has stopped. So, if you are one of the lucky ones to still be working and have all or most of your income, that means that you have a chance to put money into savings instead of spending. You obviously know that you cannot live through a lockdown without groceries. However, I am sure that you know many ways how to save money in Canada on groceries.

That helps control what we can, which is building up emergency savings funds and protecting ourselves because really no one knows what’s going to happen. This will help so many people reduce their stress levels.

Hack #2 – Getting income for the unemployed

I want to talk about the unemployed right now. Those who have lost their jobs are the most devastated. The Statistics Canada April 2020 Labour Force Survey tells us how bad things are.

After a drop of over 1 million in March, employment fell by almost 2 million in April, bringing the complete jobs decrease since the beginning of the COVID-19 shutdown to over 3 million.

The variety of people who worked less than half of their normal hours for factors related to COVID-19 raised by 2.5 million from February to April. As of the week of April 12, the advancing result of the COVID-19 economic closure, the number of Canadians that were either not working or working considerably minimized hours, was 5.5 million

In April, both full-time (-1,472,000; -9.7%) as well as part-time (-522,000; -17.1%) employment dropped. Job loss since February amounted to 1,946,000 (-12.5%) in full-time jobs and 1,059,000 (-29.6%) in part-time work.

The magnitude of the decrease in work since February (-15.7%) surpasses decreases observed in the previous labour market slumps by a wide margin. As an example, Stats Canada reports that the 1981-1982 recession resulted in an employment decrease of 612,000 (-5.4%) over roughly 17 months.

The April jobless rate would be 17.8% when counting certain groups who were not counted as jobless for reasons specific to the COVID-19 financial shutdown. During the week of April 12, 1.1 million people were not in the workforce however had been working just recently (in March or April) and wished to continue working. They were not counted as out of work yet were counted as not in the workforce because they did not search for work, probably because of recurring business closures and also very limited chances to find brand-new work.

If you are someone who recently lost your job you have no income, the traditional personal finance rules have just gone out the window because we’re in crisis mode right now. A lot of people just have to do what they can to get food for their families.

For the unemployed, it is more about getting income. Without income, you have no cash. You have to try to figure out how to save money fast! For income right now, the reality is that you need to look at the government assistance programs. Canada’s COVID-19 Economic Response Plan includes:

  1. Streamlining of access to Employment Insurance.
  2. Temporary wage top-up for low-income essential workers.
  3. Increasing the Canada Child Benefit.
  4. Special Goods and Services Tax credit payment.
  5. Extra time to file income tax returns
  6. Mortgage payment deferral.
  7. Canada Emergency Response Benefit (CERB).

Hack #3 – How to save money in Canada right now – Use your telephone to defer debt payments

Right now it’s all about prioritizing. One of the first priorities is the basic needs that you and your family have. So many have to choose between buying groceries, paying for your housing, your rent or your mortgage, and the credit card bills. If you absolutely cannot make your rent or mortgage payment, or your credit card payment, your first call should be to your landlord, your Bank/mortgagee and/or the credit card company.

They all understand what people are going through because of the coronavirus pandemic. They see it in their business daily. There are some options right now. Some companies because this is such a unique time are offering different flexible programs. They are allowing you to pay to defer and pay later. Some are freezing things and are waiving late fees and penalties. While it is true that later it may be tough to come up with payment for both the arrears and your then-current payment, these are unprecedented emergency times. Right now, you can only worry about now. There will be lots of time later to figure things out. You have to survive right now in order to have a chance of being successful later.

Do you really want to make the call first if you know that you can’t pay? Definitely yes. Don’t force your creditors to hunt you down. It is better to be open, forthright, honest and caring. Let your landlord, mortgagee, credit card company know that you understand they are expecting money from you. Tell them what is happening right now to you and your family because of the shutdown. Feel confident. The courts are closed right now and in Ontario, residential evictions cannot take place because the Landlord and Tenant Board is also shut down. So don’t feel you are in a position of weakness. Your creditors are right now as helpless as you are.

Hack #4 – Relax, the old rules don’t really matter right now

Feel comfortable relaxing some of the old rules that we normally live by. For example, usually, we tried not to run up spending on our credit cards. A general rule of thumb is to keep your overall spending below 30% of your total spending limit on your credit cards. Well, that kind of rule really goes out the window at a time like this when you have to make sure you have the food and the other basic necessities for you and your family covered off.

People who are unemployed and have no income right now need to use those credit cards to make sure they are keeping up with those basic necessary expenses. You need to know that you can have those basics right now. So it’s a matter of faith in protecting your family versus running up credit card bills. There is no choice, so you need to relax and do what you need to do. Just worry about how to save money in Canada. Again, if you cannot survive today, there will be no tomorrow.

Hack #5 – Forget about your credit score

It is human nature to always worry about your credit score. Every insolvent person I meet worries more about the impact of the debt settlement plan I recommend on their credit score than on the plan itself! If you need to run up your credit card purchases to buy those necessities and know you cannot pay for it right now, you have no choice.

You can worry about rebuilding your credit score later. Start rebuilding your credit and paying off debt after this crisis passes. We are at a really unique time where we need to draw on whatever resource it is that we have. So if you have the credit, if you have the ability to access something like a credit card, now is the time to take advantage of that.

Instead, focus on how to save money each month.

Hack #6 – Retirement savings

Some people are lucky enough to both still have your full-time employment and you have a company-sponsored pension plan. For them, income and retirement savings continue as normal. But unfortunately, they are not the majority.

If you do not have any job income right now, you are worried about the here and now. You are worried about contributing to your RRSP or TFSA. If you regularly contribute to your RRSP and/or TFSA and you still have your income, you need to make sure that you first cover off saving for your cash emergency fund. After that, do some budgeting and cash flow analysis to see if it makes sense right now for you to keep contributing to your retirement savings plan. If you can, you are one of the lucky ones.

People who have retirement savings are asking if they should dip into those right now just to get through this crisis period. Unfortunately, right now, the Federal government has not implemented a plan to allow Canadians to withdraw from their RRSP on a tax-free basis. So, the normal taxation rules apply. The Canadian government already has models as to how such a plan can work; think Home Buyers’ Plan and Lifelong Learning Plan. So far this model has not been implemented for RRSP.

So, if you have to dip into your retirement savings and you have a TFSA, that is the preferred retirement saving source. You will need to understand how withdrawals and later deposits work for a TFSA. But for now, that source of cash is tax-free. You can withdraw your cash any time you want it from a TFSA. You do not lose the contribution room when you make a withdrawal. You can recontribute that total to your TFSA the next year or any year after that.

Hack # 7 – Emergency cash savings fund

What is this moment like for you? Should you be saving more? Should you be keeping your expenses where they are? Even people who still have their income, who haven’t seen any major change to their finances are so worried and anxious about what may come

Maybe their job will soon disappear. Will companies need all the people they still have when we get to the “new normal”. That’s a huge worry on people’s shoulders. So now it is a really good time to shore up your emergency savings.

I always recommend people have between 3 to 6 months’ worth of expenses saved away. I know that most Canadians don’t. Many have not even tried. Right now is where the rubber is meeting the road. Those who have an emergency savings account are still worrying, but at least they know by being prudent, they can weather this for some time.

If you still have income, 3 to 6 months sounds might seem daunting and pretty impossible. It is starting to have a proper attitude and behaviour that is more important right now than the actual amount. You can start with something much smaller. Try putting aways $500 in the next month for emergency savings. At least you know that if you need it if suddenly your income reduces or disappears, you have a little bit of a cushion to help you get through that time.

So try to increase some of those emergency savings. Put away whatever you can because we don’t know what’s coming next right? There’s a lot of uncertainty about what’s ahead. Perhaps you can come up with some creative ways to save money.

Hack #8 – Your stocks

I am not a financial planner to those who have investments in the stock market. However, someone recently did ask me a question about their stock portfolio while talking about their debt problems!! I did eventually ask them the obvious question which is why they have not sold stocks in order to pay off their debts. Their answer was because, until the state of emergency, they had capital gains and didn’t want to have to pay tax. So instead, they have been struggling and worrying.

Now, they don’t have capital gains, they have capital losses. Now they want to know should they sell their stocks to pay down a portion of their debt? They wanted to know how they should look at it?

I asked him 3 questions:

  1. If you sold off all your stocks now, what percentage of your debt would the net proceeds pay down? 100% or less?
  2. Did you invest in the long term and your retirement in solid dividend-paying stocks or are they in speculative investments where you are banking on big price gains?
  3. How old are you?

If you sold off all of your stocks and it would only pay off 50% of your debts, then you still probably have a large debt problem and now no savings. As I mentioned above, now is the time that your creditors understand your predicament and are willing to cut you some slack. They are not asking if you have stocks or bonds you can liquidate!

If you can pay down your debt to a manageable level, or 100% from liquidating your stock portfolio, then, that is probably the thing you should do. Your rate of return will be the average weighted interest rate all of your debts are clicking away at. This is a very high return on things like credit card debt.

The last thing any of us can do is time the market. So, in these uncertain times, I told him we have to take a more holistic view. If you are middle-aged or close to retirement and you invested in solid dividend-paying companies, I recommend sticking with your current strategy whatever that is. You have a target date for your retirement accounts. Don’t mess with that.

If you are younger, then you have time to recover. That is not the case if you are nearing retirement.

.Hack #9 – Don’t make any big purchase decisions

What about big purchases? That’s another question I hear a lot from folks looking at the low-interest rates. They are thinking that a good way to show how to save money in Canada is making a big purchase now financed with extraordinarily low-interest rates. They are thinking it is actually a good time to move forward on it. Seeing 0% interest rates for 100% financing for that new car you were thinking about is enticing.

Do others think it is a terrible time to move forward to buy a house or refinance because of the uncertainty? It can be really hard to make such a decision for some people.

For me, it is a very easy decision. What I tell people is that unless your car is conked out and is sitting on the side of the road, don’t even think about a major purchase right now. Unless your mortgage has come up naturally for renewal, don’t worry about refinancing. The refi costs may not be worth the effort.

We are only in phase 1 of this terrible economy. We are in survival mode right now. It will take years for the economy to recover. These low-interest rates don’t have an expiry date on them. There will be lots of advance notice before they arise. Once everything opens up again, businesses are going to need to entice consumers to purchase. Those tantalizing zero and low-interest rates will still be there.

Nail down your family’s financial security now. You can buy it later. You should not have FOMO syndrome! Those who really in the know are sitting on the sidelines waiting for all the car and real estate deals to come along. You should too.

Hack #10 – Is there any advantage to having real cash in your hands these days?

This is not a normal question I get asked, but I have been asked it. Some people are worried that our economy will really go into a tailspin and they wonder if hoarding cash at home is better than money in the bank.

I think in an emergency it’s often our first instinct is to make sure we hoard supplies, like cash on hand. First, it was toilet paper and bleach. Then it was hair dye and electric hair trimmers. You can also include webcams on that list too with everyone preparing for online video meetings.

What I tell people is that this isn’t the 1920’s. Online and mobile banking was normal for many Canadians before this year. Debit cards and phone payment apps were already more popular than cash. Besides, cash can carry all sorts of germs and viruses. True enough, Canadian money can be washed. Paper bills are gone and our bill currency is made out of plastic. But who wants to waste their time laundering money? I mean really washing it, not the kind of laundering we see in crime movies.

So even if you didn’t previously pay through a mobile banking app or online, now people are trying because they don’t want the cash. So, I don’t see any danger in losing the money you have in your bank accounts. You can look at your accounts to make sure you are taking advantage of the ways your bank gives you how to save money in the bank. Therefore, I don’t see any value in hoarding cash in a mattress either.

As banks have cut back on the number of branches they have open, you are going to have to use the ATM. Do you really want to be spending the time going to the bank to touch those buttons right now in the drive-through lane?

Hack #11 – Property taxes

For those who own a home, property taxes are another expense. Luckily, municipalities are helping by offering deferrals. What happens with fees and the interest rate right now. Most municipalities are offering a property tax grace period. They are also offering property tax relief due to loss of income during the state of emergency. You should check with your local municipality to see if you qualify for any programs.

For example, the City of Toronto has such programs. Check them out for how to save money in Toronto on your property taxes.

Hack #12 for students

My May 4 blog is titled CANADA STUDENT LOAN: GET STUDIOUS ON CANADA STUDENT LOANS SUSPENDED. I wrote about what the Federal government is doing to help those with student loans and are planning on returning to their education in the Fall. This includes payment deferral, summer job assistance and help for the next academic year. I also touched upon how to save money in Canada for international students. If this affects you, please review that blog.

Bonus lucky hack #13 for businesses

I have focussed many of my April and May blogs on entrepreneurs and business. Check out my past blogs to find out about various programs for entrepreneurs, like:

Summary

I hope you found this Brandon’s Blog helpful. It should be of particular interest to contractors, developers and builders in Ontario.

The Ira Smith Team family hopes that you and your family members are remaining secure, healthy and well-balanced. Our hearts go out to every person that has been affected either via misfortune or inconvenience.

We all must help each other to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Families are literally separated from each other. We look forward to the time when life can return to something near to typical and we can all be together once again.

Ira Smith Trustee & Receiver Inc. has constantly used clean, safe and secure ways in our professional firm and we continue to do so.

Revenue and cash flow shortages are critical issues facing entrepreneurs and their companies and businesses. This is especially true these days.

If anyone needs our assistance, or you just need some answers for questions that are bothering you, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

The Ira Smith Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Stay healthy, well balanced and safe and secure everyone.

 

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Brandon Blog Post

HST IN ONTARIO: NEED I USE THE HST IN ONTARIO 2020 DEFERRAL

The Ira Smith Team is totally operational and both Ira and Brandon Smith are here for a telephone consultation, conference calls and virtual meetings.

Keep healthy and safe everybody.

Introduction

The Canada Revenue Agency (CRA) has announced that it will allow businesses to postpone, up until the end of June 2020, any type of HST in Ontario (and other provinces) payments that are owing on or after March 27, 2020, and before June 2020.

This is all part of Canada’s COVID-19 Economic Response Plan. In this Brandon’s Blog, I outline this program and then discuss the issues surrounding taking advantage of this HST in Ontario 2020 coronavirus deferral.

The program

The due date for businesses located in Ontario and the other Canadian provinces to file their returns is the same. Those that are able to, must file their information return on-time reporting their net tax for the reporting period. Identifying the difficult circumstances many businesses find themselves in, the CRA has also said that it will not penalize a filer where a return is filed late provided that it is filed by June 30th.

If your business only has to file annually, any HST instalment payments due on or after March 27, 2020, and prior to June 2020 can be deferred until the end of June 2020. Again, there will not be any penalty or interest charged as long as the required amount is paid by the end of June 2020.

HST returns that are filed electronically will be processed as usual unless they require a CRA representative to become involved to get additional information or documents. In the case where a CRA human needs to get involved, those returns will not be processed until everything returns to normal. If you file your HST return by paper, they will not be processed until things return to normal.

If you are entitled to an HST refund, as long as you filed electronically, the refund will be processed normally and paid. This assumes that you do not owe any other amount to CRA that they could offset your refund against.

“Death, taxes and childbirth! There’s never any convenient time for any of them.”
― Margaret Mitchell, Gone with the Wind

An Ontario business using the HST in Ontario 2020 coronavirus deferral

It is certainly understandable that many businesses will take advantage of this deferral opportunity. The COVID-19 situation is unbearable for many companies. Businesses are either closed down or in most cases, earning fewer sales revenue. Cash needs to be preserved, and there may be more pressing needs for the cash than to pay the HST liability that is payable at this time.

However, there are five issues that I have identified that entrepreneurs and businesses, in general, need to consider. I am not saying to take advantage of the deferral or not. I am just pointing out issues to be wary of.

So the five issues I see are:

Cash flow in June 2020 – Right now it does not look like the current situation is going to change dramatically between now and June 2020. So, on June 30, 2020, your business may be in the same or worse shape than it is now from a cash perspective. If CRA does not extend the deadline, you are no better off. The ball was just kicked down the road for a few months.

When the “all clear” is sounded – Assuming CRA does not require payment until the “all clear” is sounded, your business will need whatever cash it can get its hands on to get up and running again. These costs could be significant. Staff needs to be brought back on and marketing will have to be ramped up.

There may very well be a lag between the time you incur and pay for those up front starting up again expenses and when the cash from your sales come in. Will CRA take these real business needs into account and give more lag time? Or, given all the money the government has to spend in fighting the COVID 19 epidemic, will CRA start demanding payments immediately after the “all clear” is sounded to try to improve the government coffers as quickly as possible?

Will your HST issues be doubled? – If you are not an annual filer, then in July 2020, there will be one or more periods for which HST could be owing. Will your business have the cash to spare to make up the payment for two or more HST periods all at once if CRA demands it? This could spell cash flow trouble for businesses also.

Director liability – Directors are always liable for unremitted HST in Ontario and other provinces. If your company takes advantage of the deferral, then the Director’s liability begins to compound. There is no way of getting around it, but it is an issue to consider.

Trust claim – A business that collects HST, holds the amounts collected from its customers in trust for CRA. Any unremitted amounts owing to CRA for each reporting period is a deemed trust claim against all of the assets of the company.

“You don’t pay taxes-they take taxes.”
― Chris Rock

Businesses are not supposed to make use of the deemed trust amount in their cash flow. On a practical level, all businesses do. If net HST is not paid, the CRA can garnish bank accounts, accounts receivable and any other income. Although they have not yet done it, they could also confiscate other assets.

If you have a deemed trust debt owing to the CRA, the business’s property is actually the property of CRA until the debt is paid off. A business, when it operates normally, is always making sales and collecting the tax on them. In between filing periods, even if the tax is all paid up with the previous filing, there is always a stub period between filings. So, technically, this debt works as revolving debt. So CRA always has that charge over a registrant’s property.

So once everything returns to the new normal, what will happen during the lag that is needed for businesses to use cash resources to get back up and running. Will CRA collectors continue to give a grace period, or will they start hammering your business right away using its normal collection procedures to collect the outstanding debt? Only time will tell.

“We contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.”
― Winston S. Churchill

Summary

These are the issues facing entrepreneurs and their companies and businesses concerning the HST in Ontario deferment. Should you take advantage of the deferral being offered by CRA? Only you can answer that question for yourself and your business. I just wanted to highlight all of the issues that you should consider. It isn’t a simple yes or no answer.

The Ira Smith Team family hopes you and your family are staying safe, healthy and well-balanced. Our hearts go out to every person who has been affected either through inconvenience or personal family tragedy.

We are all part of our community and we have to all cooperate to help stop the spread of this infection. Social distancing and self-quarantining are sacrifices that are not optional. Families are physically separated from one another. I hope this information is helpful to you.

Ira Smith Trustee & Receiver Inc. has always employed clean and safe habits in our professional practice and continues to do so.

If anyone needs our assistance, rest assured that Ira or Brandon can still help you. Telephone consultations and/or virtual meetings are available for anyone wanting to discuss their personal or corporate situation.

“The only difference between a tax man and a taxidermist is that the taxidermist leaves the skin.”

― Mark Twain

Are you now worried about how you are going to survive? Are you worried about how long your company will be able to pay employees who are not working and meet all of its other obligations? Those worries are normal.

The Ira Smith Team understands these fears. More notably, we know the requirements of the business owner or the person who has too much individual debt. Because you are dealing with these stressful financial issues, you are anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

We understand that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

“…but in this world nothing can be said to be certain, except death and taxes.”
― Benjamin Franklin

The Ira Smith Team is totally operational and both Ira and Brandon Smith are here for a telephone consultation, conference calls and virtual meetings.

Keep healthy and safe everybody.

hst in ontario
hst in ontario
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