CWCC

Life insurance in Oakville

CWCC works with incorporated professionals, private company owners and families in Oakville on life insurance, living benefits, succession planning and capital strategy: entirely online. The firm is registered with Quebec’s AMF under number 602293 and is licensed to place insurance in Ontario, where Jose Salloum is a licensed life insurance agent with FSRA.

A point about titles

In Ontario the titles “Financial Planner” and “Financial Advisor” are protected under the Financial Professionals Title Protection Act. We do not use them. Jose Salloum is a licensed life insurance agent here: that is what his FSRA licence permits.

What makes Oakville different

Oakville has an unusual concentration of people whose wealth is not where you would expect to find it. It is not in a personal account and not in a pension: it is sitting inside a corporation.

A high proportion of incorporated professionals. Physicians, dentists, accountants, lawyers, independent consultants. High incomes, retained earnings accumulating in the company, and no employer pension behind them.

Established business owners. Second-generation companies, often with several shareholders and an agreement signed fifteen years ago that nobody has read since.

Senior executives from the western corridor. Variable compensation, bonuses, and group plans that end with the job.

High property values. The family home is often worth a multiple of what people think, which changes the estate calculation entirely.

The Capital Dividend Account

This is the central question here, and it is also the least well understood mechanism in the whole of business-owner planning.

The starting problem

An incorporated professional who earns more than they spend leaves the surplus in the company. That surplus has already borne corporate tax, and it will bear a second layer when it comes out as salary or dividend. In between, if it is invested, the passive investment income it produces is taxed at high rates inside the company.

At death, the deemed disposition of the shares at fair market value is added to that. A company full of retained earnings is worth a great deal, and that value becomes taxable in the owner’s final return.

What the CDA changes

Where a private company owns and is beneficiary of a policy on a shareholder’s life, the death benefit it receives is generally not taxable to the company. The amount received, reduced by the policy’s adjusted cost basis, is usually credited to the Capital Dividend Account.

The CDA is not money: it is a tax ledger. It measures what the company can pay its shareholders as a capital dividend, which is generally received tax-free when the required election is filed properly.

That is the fundamental difference between a policy owned by the company and one owned personally: the first is funded with dollars that have borne only corporate tax, and it comes out on the shareholder side largely free of tax.

What to know before getting enthusiastic

The structure has to be built correctly, and the details are not formalities. Who owns the policy, who is the beneficiary, who pays the premiums, which company in the group is involved: each of those answers carries tax consequences, and an error can create a taxable benefit for the shareholder or lose the advantage entirely.

The policy’s adjusted cost basis changes over time and reduces the amount credited to the CDA. And the tax rules applying to corporations change, as they have several times in recent years.

None of this is decided without your accountant and your tax specialist. Our role is the insurance part: the amount, the type of contract, the ownership structure and the designation. The rest belongs to them, and we do not go there in their place.

The agreement nobody re-read

Almost every shareholder agreement we see says who buys the shares when a partner dies. Far fewer say with what money, and fewer still have been re-read since the company doubled in value.

Two questions are worth putting on the agenda of your next shareholders’ meeting. First: does the valuation formula written into the agreement still reflect the business as it is? Second: does the funding still cover that value, or was it set when the company was worth half as much?

An unfunded buy-sell clause is not a plan. It is a contractual obligation placed on surviving partners who will have to find the money somewhere else, at the worst possible moment.

What Ontario adds

Estate Administration Tax is calculated on the value of assets passing through the estate, and the process delays everything behind it. A death benefit paid to a named beneficiary does not pass through it; private company shares held personally do.

Designations recorded on your registered accounts also override the will, whatever its date.

What we do for families here

Where a corporation is part of the picture, we start with three documents: the latest financial statements, the shareholder agreement, and a list of policies already in force showing the owner and beneficiary of each. Those three almost always reveal a gap between the intention and the structure.

Then come the will, the designations on personal accounts, and group coverage if there is any.

We work with your accountant and your legal advisor, and we do it before proposing anything rather than after.

The first meeting

Half an hour, by video, at no cost and with nothing to sign. If you know the order of magnitude of your company’s retained earnings, bring it: that is the figure that directs the whole conversation. At the end you will know whether this belongs in your situation, and if the answer is no, you will hear it during the meeting.

Frequently asked questions

Should my corporation own the policy?

It depends on your structure, your retained earnings and the objective. A corporately owned policy is funded with dollars that have borne corporate tax, and the death benefit less the adjusted cost basis is generally credited to the CDA. But who owns it, who benefits and who pays the premiums all change the outcome: that is a decision to make with your accountant.

What is the Capital Dividend Account?

It is not an account and it is not money: it is a tax ledger measuring what a private company can pay its shareholders as a capital dividend, generally received tax-free when the required election is filed properly.

Is the whole death benefit credited to the CDA?

Generally no. It is the amount received less the policy’s adjusted cost basis, which changes over time. Your accountant calculates the exact figure when the time comes.

Is our shareholder agreement enough?

It usually says who buys. The next question is with what money, and whether the value recorded still reflects the business today. An unfunded buy-sell clause places an obligation on surviving partners without giving them the means to meet it.

Do you meet people in Oakville?

All meetings are held online, which makes it possible to include your accountant or your partner without coordinating three journeys. The office is in Laval and the firm is registered with the AMF under number 602293.

Are participations guaranteed?

No. The scale is set each year by the insurer’s board according to how the participating account performed. What the contract records as guaranteed stays guaranteed; the scale varies.