LLQP practice question 18 of 35

Jean recently retired at age 60. A passionate art collector for some 30 years, Jean now has an impressive collection of Canadian paintings. His…

Full set: 298 questions
Jean recently retired at age 60. A passionate art collector for some 30 years, Jean now has an impressive collection of Canadian paintings. His collection, which he acquired at a cost of $150,000, is currently valued at $600,000. Jean has over $450,000 in his RRSP. He has been living alone in a rental condo since his divorce five years ago. When he dies, Jean will leave his property to his only child, Claudia, who is 33, married and has two children. If he does not make any provisions to cover the tax liability, how will Jean's tax return be affected for the year of his death?
Answer options
A: A taxable capital gain of $225,000 will be declared for his art collection and the RRSP will be transferred directly to Claudia.
B: A taxable capital gain of $450,000 will be declared for his art collection and the RRSP will be transferred directly to Claudia.
C: A taxable capital gain of $225,000 will be declared for his art collection and the entire RRSP will be considered income earned by Jean. Correct answer
D: A taxable capital gain of $450,000 will be declared for his art collection and for the cashing in of his RRSP.
Correct Answer:
C. A taxable capital gain of $225,000 will be declared for his art collection and the entire RRSP will be considered income earned by Jean.
Explanation

Upon death, an individual is deemed to have disposed of all capital property at its Fair Market Value (FMV). The capital gain on the art collection is the FMV less the Adjusted Cost Base ($600,000 - $150,000 = $450,000). The taxable portion is 50% of the capital gain, which is $225,000. This amount must be declared on Jean's final tax return. Furthermore, the full FMV of an RRSP is included as income on the deceased's final tax return unless it is transferred on a tax-deferred basis to a "qualified beneficiary." A qualified beneficiary includes a spouse, a financially dependent minor child, or a financially dependent child of any age with a physical or mental infirmity. Since Claudia is 33 and not described as financially dependent due to an infirmity, she is not a qualified beneficiary. Therefore, the entire RRSP value is considered income for Jean in his year of death.

Why Incorrect

A. This is incorrect because it implies the RRSP is transferred to Claudia without tax consequences for Jean's estate. The full value of the RRSP must first be included as income on Jean's final return.
B. This is incorrect because it states the taxable capital gain is $450,000. This figure represents the total capital gain, not the taxable portion, which is 50% of that amount.
D. This is incorrect because the taxable capital gain is $225,000, not $450,000. It also incorrectly implies the RRSP proceeds are treated as a capital gain; they are treated as regular income.

References

1. IFSE Institute, Life Insurance Qualification Program (LLQP) - Taxation, Module 4, Section 3.1 "Deemed Disposition on Death." This section explains that capital property is deemed to be disposed of at its fair market value immediately before death, triggering any accrued capital gains.

2. IFSE Institute, Life Insurance Qualification Program (LLQP) - Taxation, Module 4, Section 3.2 "Calculating the Taxable Capital Gain." This part specifies the capital gains inclusion rate is 50%, which is used to calculate the taxable portion of the capital gain ($450,000 x 50% = $225,000).

3. IFSE Institute, Life Insurance Qualification Program (LLQP) - Segregated Funds and Annuities, Module 6, Section 4.3 "Taxation of RRSPs at Death." This section details that the fair market value of the RRSP is included in the deceased annuitant's income for the year of death, unless a tax-deferred rollover to a qualified beneficiary (spouse, common-law partner, or financially dependent child/grandchild) is possible. The definition of a qualified child for this purpose is specified, and Claudia does not meet the criteria.

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