Tax and Succession Planning for the Family Business

November 21 & 22, 2023 at 9:00AM PST

Downtown Vancouver and Live Webinar

Tax and Succession Planning for the Family Business

November 21 & 22, 2023

Overview

The family business structure is the form of enterprise for the vast majority of businesses operating in Canada.  As demographics continue to shift, the focus on effective tax and succession planning will be paramount for owners and families alike. Compounded by a changing legal and financial landscape, it is essential for professionals and operators in this area to remain on top of the many challenges and issues faced by family businesses today.

This program focuses on technical and complex issues relating to the protection and transfer of wealth in family business situations.  Our expert faculty will equip you with practical and effective strategies you can directly apply in your practice. You will learn the best planning techniques and structures that best preserve wealth and protect family interests in the face of an unstable market, impending succession, resultant taxes and other complicated family dynamics.

Key Areas Addressed:

  • Key legal developments affecting small businesses

  • Considerations for selling or transferring a family business

  • What family business advisors need to know about family law

  • Managing health issues in family businesses

  • Wills variation and estate litigation matters

  • US tax and estate issues where cross-border considerations are involved 

  • Trust and estate planning and related tax planning

  • Philanthropy

  • Drafting shareholders’ agreements

Who Should Attend:

  • Lawyers who practise in the areas of business, succession planning or taxation

  • Accountants practising in areas of personal and/or corporate taxation, estate planning or advisory services for small business

  • Banking and trust company executives and managers

  • Owners and managers of family owned businesses

  • Financial planners

  • Business consultants

Agenda

November 21, 2023 (Day 1)

9:00 - Welcome and Introduction by PBLI

9:05 - Chairs’ Welcome and Introduction to Day One

Chris Ireland
Senior Vice-President Planning Services, PPI Advisory

Alison Oxtoby
Counsel, Fasken Martineau DuMoulin LLP

9:10 - Legal and Tax Update: Key Developments Impacting the Family Business

Stephen Rukavina
Lawyer, Legacy Tax + Trust Lawyers

  • Income Tax Act amendments

  • Canada Revenue Agency pronouncements

  • Recent decisions – tax and related cases

10:00 - Questions and Discussion

10:10 - Refreshment Adjournment

10:25 - Transferring the Family Business: 84.1 One More Time

Michael Coburn
Partner, Fasken Martineau DuMoulin LLP

  • The changes to Bill C-208 taking effect in 2024: what you need to know

  • Key considerations when selling the family business outside the family

  • Other tax minimization opportunities and related aspects

11:15 - Questions and Discussion

11:25 - US Tax and Cross-Border Estate Planning

Ryan Gill
Partner, KPMG LLP

Barb Eby
Manager, KPMG LLP

  • Review of US Tax basics

  • US estate tax and relate planning

  • US anti-deferral rules

  • US beneficiaries of Canadian trusts

  • Cross-border estate freezes

  • Post–mortem planning with US taxpayers

  • Federal and state wealth taxes – are they on the horizon?

  • Common cross-border tax scenarios

12:15 - Questions and Discussion

12:25 - Networking Lunch

1:15 - Managing Family Dynamics: Mental Health, Substance Dependency Issues

Steve Ivacko
CPA, CMA, TEP, FEA, MNP LLP

  • How mental health challenges affect clients

  • How mental health challenges affect family businesses

2:05 - Questions and Discussion

2:15 - Refreshment Adjournment

2:30 - Estates from a Litigator’s Perspective

Amy Mortimore, KC
Partner, Clark Wilson LLP

  • Wills variation recent decisions; planning opportunities and pitfalls

  • Capacity issues

  • Resulting trusts: is BC an outlier?

  • Conflicts between shareholders’ agreements and estate planning documents

3:20 - Questions and Discussion

3:30 - PANEL: Shareholders’ Agreements Part I

Chris Ireland
Senior Vice-President Planning Services, PPI Advisory

Alison Oxtoby
Counsel, Fasken Martineau DuMoulin LLP

  • A discussion the topics addressed over the course of the day and Q&A with select faculty

  • Clauses to address: family law issues, mental health substance dependency issues, post-mortem planning, emigration of a shareholder

4:20 - Questions and Discussion

4:30 - Chairs’ Closing Remarks - Program Concludes for Day One


November 22, 2023 (Day 2)

9:00 - Chairs’ Welcome and Introduction to Day Two

Chris Ireland
Senior Vice-President Planning Services, PPI Advisory

Alison Oxtoby
Counsel, Fasken Martineau DuMoulin LLP

9:05 - Tax and Estate Planning

Ian Humphries
Partner, Thorsteinssons LLP

  • Estate freezes: the basics

  • Unintended consequences of using discretionary family trusts

  • Planning with life-interest trusts and family businesses

  • Practical case studies

9:50 - Questions and Discussion

10:00 - Refreshment Adjournment

10:15 - Philanthropic Update and Structural Options

Malcolm Burrows
Head of Philanthropic Advisory Services, Scotia Wealth Management

  • Challenges faced by philanthropists and foundations: AMT, higher disbursements quotes for foundations, “qualifying disbursements” to non-qualified donees. 

  • Strengths and weaknesses of private foundations and donor advised funds as structures for self-directed philanthropy

11:00 - Questions and Discussion

11:10 - PANEL: Shareholders’ Agreements Part II

Chris Ireland
Senior Vice-President Planning Services, PPI Advisory

Alison Oxtoby
Counsel, Fasken Martineau DuMoulin LLP

  • A discussion the topics addressed over the course of the day and Q&A with select faculty

  • Clauses to address: family law issues, mental health and substance dependency issues, post-mortem planning, emigration of a shareholder

11:55 - Questions and Discussion

12:05 - Chairs’ Closing Remarks - Program Concludes



Meet the Co-Chairs

Meet the Faculty


Registration Form

Program:

Tax and Succession Planning for the Family Business

Date:

November 21 & 22, 2023

Location:

UBC Robson Square (800 Robson Street - Classroom level), Vancouver, BC

Registration:

The registration fee is $1,220.00 plus GST of $61.00 totalling $1,281.00 for webinar and in-person attendance. Registration fee covers your attendance at the program and electronic materials. In-person attendance includes a catered lunch and refreshments throughout the day.

Early Bird Discount:

Register by October 24th, 2023 and receive a $150 discount on the registration fee ($1,070.00 plus GST). Discounts cannot be combined.

Group Discount:

Register four persons from the same organization at the same time and you are entitled to a complimentary fifth registration. Discounts cannot be combined.

If you would like to register a group, please fill out this form and email it to registrations@pbli.com:

DOWNLOAD FORM

Payment:

You may pay by VISA, Master Card or cheque. Cheques should be made payable to the Pacific Business & Law Institute and mailed to Unit 2-2246 Spruce Street, Vancouver, BC V6H 2P3. Please do not send cheques via courier with signature required.

When and Where:

Check-in begins at 8:30 a.m. The program starts at 9:00 a.m. (PDT). UBC Robson Square is located at 800 Robson Street in Vancouver, BC, and our event will take place on the classroom level. Please visit https://robsonsquare.ubc.ca/find-us/ for directions.

Materials:

The faculty will prepare papers and/or other materials explaining many of the points raised during this program. Materials will be distributed electronically. Please contact us at registrations@pbli.com if you are unable to attend the program and wish to purchase a set of materials.

Cancellations/Transfers:

Refunds will be given for cancellations (less a $60.00 administration fee) if notice is received in writing five full business days prior to the program (November 14, 2023). After that time we are unable to refund registration fees. Substitutions will be permitted. We reserve the right to cancel, change or revise the date, faculty, content, availability of webinar or venue and transfer in-person registration to webinar registration for this event.

To register by phone:

Telephone us: 604-730-2500

Your Privacy:

We will keep all information that you provide to us in strict confidence, other than to prepare a delegate list containing your name, title, firm and city for our faculty and the program delegates. We do not share our mailing lists with any non-affiliated organization.

Course Accreditation:

Attendance at this course can be listed for up to 9 hours of continuing professional development credits with the Law Society of BC. For practitioners in other jurisdictions, please check your governing body’s CPD requirements.


If you would like to register a group, please fill out this form (DOWNLOAD FORM) and email it to registrations@pbli.com; for individual registration, please continue with form below.