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    tax accountant

    Explore " tax accountant" with insightful episodes like "18 - Benefits of a Tax Lawyer with Jason Pisesky", "15 - Secrets of the Canadian Tax Code with Goran Ogar", "Donna Beatty, Frazier & Deeter, and Robert Stephens, CFO Navigator", "Are You Overcomplicating Your Savings?" and "Charging For Time vs Experience" from podcasts like ""Physician Empowerment", "Physician Empowerment", "ProfitSense with Bill McDermott", "Small Change" and "Fish Food"" and more!

    Episodes (27)

    18 - Benefits of a Tax Lawyer with Jason Pisesky

    18 - Benefits of a Tax Lawyer with Jason Pisesky

    Dr. Wing Lim takes the lead in interviewing KPMG tax lawyer Jason Pisesky. Jason explains the specialties of a tax lawyer, how they operate with accountants, and how tax lawyers like himself benefit incorporated physicians with their knowledge. Jason will also be part of the roundtable AMA at the May 6 and 7 Toronto conference. 

    Dr. Lim actually met Jason Pisesky in a personal capacity before working with him - they met at a dance class. Wing says this is the benefit of meeting professionals and staying in contact, sometimes in the future you realize you need a person with specific expertise and you already have someone to contact. Wing talks about his personal experiences working with Jason and asks Jason to share his insight on taxation law. 

    In this episode, Wing Lim and Jason Pisesky examine exactly how lawyers become specialists in taxation law. Jason details how familiarity with tax strategies leads him to new ways of benefiting clients, the differences in liability between accountants and lawyers, the cost analysis of hiring a tax lawyer versus ROI, and what tax laws have changed since 2017 that directly impact professionals like physicians. Jason’s knowledge is profound and very applicable to doctors today. 

    About Jason Pisesky

    Jason’s practice covers a broad spectrum of taxation law matters including corporate, personal, farm and estate tax planning as well as representation in dispute resolution and litigation matters

    Jason joined KPMG in January 2021. Prior to starting at KPMG, he spent over six years working at a leading western Canadian boutique tax law firm. Jason has experience in both the tax dispute and tax planning for both personal and corporate taxpayers.

    Jason has worked with small and medium-sized owner managed operations to reorganize structures in a tax efficient manner, acting as counsel for vendors and purchasers in arm’s length deals as well as families in the midst of related party estate and succession planning. He has argued on behalf of taxpayers in many contexts and obtained favourable results for taxpayers from auditors, appeals officers and lawyers at the Department of Justice. Jason has appeared before the Alberta Court of Queen’s Bench.

    Resources Discussed in this Episode:

    Physician Empowerment: website | facebook | linkedin

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    Transcript

    Dr. Kevin Mailo: [00:00:01] Hi, I'm Dr. Kevin Mailo and you're listening to the Physician Empowerment Podcast. At Physician empowerment we're focused on transforming the lives of Canadian physicians through education in finance, practice transformation, wellness and leadership. After you've listened to today's episode, I encourage you to visit us at PhysEmpowerment.ca - that's P H Y S Empowerment dot ca - to learn more about the many resources we have to help you make that change in your own life, practice and personal finances. Now on to today's episode.

     

    Dr. Kevin Mailo: [00:00:34] All right. Hi, everyone. I'm Doctor Kevin Mailo, one of the co-founders of Physician Empowerment. And today we've got Dr. Wing Lim, another co-founder, interviewing Jason Pisesky. And Jason is a tax lawyer with KPMG. And the three of us go back a number of years, but today's topic is probably going to be one of our best, one of our most relevant and very unique because this is not something you typically find when you sit down with your accountant, your financial planner, or even your regular lawyer. And what Jason is going to be doing is getting interviewed by Wing as they go through different aspects of tax law and why this applies to incorporated physicians and why everybody should be consulting with tax lawyer as we go through our financial lives. And so with that being said, I think I'm going to step back. I'm going to let you, Wing, go for it and let's get started.

     

    Dr. Wing Lim: [00:01:33] Okay sure. Yeah. Welcome, everyone. And so, yeah, I'm Dr. Wing Lim. I'm one of the co-founders of Physician Empowerment. And so this webinar series slash podcast, because every webinar will be reincarnated as podcast and I'm working on still the proper motto, but we interview interesting people on interesting topics that will impact physicians' lives, will help physicians live better lives. And with that, Kevin, I'm reminded me to put a plug in May 6th and 7th. Make sure you guys register for that. This year it's going to be Dynamo and May 6 and 7, it's going to be jam packed with information. And we're actually going to invite Jason in Sunday, the 7th, as part of the panel discussion. And it's basically roundtable AMA, ask me anything about, well, planning and whatnot. So Jason and I went back a while back. So this is supposed to be a fireside chat, sorry, I couldn't find a fireside background. And Jason, as you can tell, is a really lovely dude and he doesn't have a big ego, unlike most other tax lawyers I've met. And so actually I met Jason probably five years before we talked on a professional basis. So I met Jason on a dance floor of all places. And why would we meet on a dance floor? Because it's one of those life up to 50, what are you going to do when you turn 50? And my wife says, Let's go dance and it took her only four years for me to say yes and dance like Pinocchio.

     

    Dr. Wing Lim: [00:03:07] And my kids corrected me and say, No, Dad, Pinocchio can dance. Okay, I stand corrected. I can't even dance like Pinocchio. And that's where we met at Dance lesson. Right? And so we had a lot of fun in the class. And then a number of years later, Jason, how much of that do you remember? I was kind of stuck in a spot, right? And I was doing major corporate reorg in a few tax strategies. And we hired a tax lawyer. No, sorry. Yes, we hired tax lawyer through a specific accountant who trapped himself as the tax accountant. And then we were just stuck because the building was crazy. What they proposed was ridiculous in terms of price, and they're not very honest with their pricing with the billing practice. And then anyways, I turned over to to Jason and said, Jason, I think you're a tax lawyer, right? And then we went and turned on the file and Jason and his group, there was a top tax firm and they revamped a bunch of things and I got up really, really happy. So that's how we met. Hey, Jason, how much of that do you recall?

     

    Jason Pisesky: [00:04:10] I remember most of it, although, yeah, it's now been I think I've stopped dancing because of COVID in late 2020. Obviously shut down because of COVID and then started doing private lessons just with, you know, 2 or 3 people in the room at a distance. But yeah, now it's been probably two years since I've been dancing, so you need to get back to that. Yeah.

     

    Dr. Wing Lim: [00:04:30] Yeah, it's been a while. Yeah. And then so the topic today is why, when do I need a tax lawyer. Right? So let me maybe prep something for everyone - everyone dialing in or future podcast listeners - we all, most of us are incorporated. And even if you're not, you're still a provider. You will have an accountant, you will have a lawyer. And isn't that enough? Right? Why would we ever need a tax lawyer unless we get audited? I think that's the everyday doctor's first notion of it. And so, and I reached a point because as you know, when you build your businesses and of course I do a lot of entrepreneurial stuff and real estate, so each time you start a venture, you start a company. So before you know it, I've literally have a spider web of so many corporations. I think by the time I brought it to Jason, I have about 8 to 12 companies and every year there's just money flying everywhere and it's just become bonkers, right? And my accountant can't even keep track. And actually one of my ex bookkeeper made a six figure mistake in these loans, and it would have been a disaster. So we said we need to simplify, right? And then we built a strategy to have a family trust. We did major reorg. There was pipeline, there was a few strategies we're doing and then so we just needed somebody to clean it up and have a look in from the tax code, right? So, Jason, when you encounter professionals, business owners, especially doctors included, why do they come to you?

     

    Jason Pisesky: [00:06:04] Yeah, so, and that's a great kind of summary of how people often do come to us is, you know, the structure has just grown to a level of complexity where it's hard to keep track of and it's good to have even just a second set of eyes to look at it, at where you've ended up. So you definitely hit the nail on the head of the easy answer of when the tax lawyer comes in, is when a dispute comes in. That's definitely a subset of tax lawyers. I, small mix of my practice, I do spend more time on the planning side, which is, of course, where I met you, so on the planning side, it's kind of a mix of tax lawyers, we kind of exist in the middle between the accountants and lawyers because tax for both of them is a specialty. I think people kind of inherently know that for lawyers, you know, you have family lawyers, criminal lawyers, real estate lawyers, litigation lawyers. I think sometimes people don't realize that with accountants, not every accountant is a tax accountant. There's auditors, there's evaluators, there's compliance people, there's all different kinds of accounting. And even amongst taxation, there's different kinds. There's indirect taxation - ie GST - international, there's M&A tax, there's domestic, international, US, all these different types of tax too.

     

    Jason Pisesky: [00:07:20] So I think people, first of all, need to kind of appreciate that, that not every accountant knows exactly the same things and what to look out for in every type of file. So, and that's a good thing about tax lawyers is we kind of exist in that middle ground and where a lot of people come to us, and kind of it was your experience of, you know, you may have an accountant who is not a tax specialist who needs that tax expertise and they'll come to a tax lawyer because we're very non-threatening, am not going to take anyone's accounting work. I'm not an accountant. I don't want to do your financial statements and bookkeeping and all that stuff. I want to help with the tax side of things. By the same token, you may also have an accountant who is really strong in tax. There are lots of them and they may be doing something complex and your lawyer may not feel comfortable doing that and assisting with that. Right? They might be a general practitioner or just a corporate lawyer who doesn't do very much in tax. And so they feel that, you know, the transactions are sufficiently tax motivated. You know, you want to make sure you do it right so you don't trip up with Canada Revenue Agency.

     

    Jason Pisesky: [00:08:25] And so they, again, bring in a tax lawyer specialist side to assist on the the lawyer side, the corporate side, to make sure things are done correctly and with the code. And that kind of circles back to the point of - and I'll use the analogy, I think everyone here is probably a doctor everyone's familiar with, you know, the GP, right, for medical practitioners, and in order to speak to a specialist, you have to go to your GP first. You know, if you want to talk to a heart or a brain specialist, you have to get referred to them, at least in our province. That's not the case with tax lawyers, or accountants and lawyers, I should say, generally. And that was your experience, right? You wanted a second opinion. You didn't have to go back to your, you know, your general practitioner and wait 6 to 9 months. You were able to pick up the phone or meet me on the dance floor and say, Jason, I want a second opinion here. Can you give me one? Which is, and there is a sizable amount of work to do, just kind of pick up the phone and say, Hey, I'm not sure things are right or I just want a second set of eyes or, and what also happens when you do have an accountant or a lawyer who's the GP type and there's certainly nothing wrong with it, having a GP for an accountant lawyer is great. The job is to just issue spot and again make those referrals. Sometimes you disagree though, but sometimes GP's can also be on the more conservative side because if they're not super deep into the tax things, they can be put off by maybe advanced strategies and say, Ah, it's too complex. I don't understand where the win is there. Why would we do that? Let's keep it simple. Um, so yeah, being able to just pick up the phone and talk to a specialist if you've heard, you know, a great idea on this, on these webinars or this podcast, you say, you know, Wing's telling me that this is a good idea, I want to explore it, and your accountant kind of maybe has never heard of it before or is afraid to try it. Then again, talk to me directly and then I can kind of speak to your accountant to explain it to them myself or another tax lawyer, of course, can kind of explain it to them and get them onside and make them feel comfortable with it.

     

    Dr. Wing Lim: [00:10:21] Yeah, so let's dwell there a little bit because I've got a few horror stories to share. Um, yeah, so I have some colleagues - I'm in a partnership - and I've deliberately planned for them to retire gracefully, right? I know, I tell people I'm not a tax lawyer, I'm not an accountant, I'm a doctor, but I know enough just to be dangerous. Right? So we structure our company carefully so that when they retire, they can be bought out and take advantage of the lifetime capital gains exemption. And then to do that, you need to purify your company. That's another concept. Sorry, guys, we just throw these things out because they are relevant but we will delve into them later on. So actually, definitely by the end you'll know how valuable Jason is. Jason will be coming back. And actually I'm drumming up something called a tax series that I want to have Jason come in on a podcast level. Right? And I'm thinking like tax hacks for busy physicians, something like that. And we'll dive into a few of these. Yeah, so anyways, and so ten years came and gone and their accountant says oh no you don't need to purify, purification is for people who are dead. So, what? And so a lot of, we find out a lot of accountants are so risk averse, right, and so compared to them like how do you see, it's the same tax code, right? How do you guys see it differently than the average GP accountant?

     

    Jason Pisesky: [00:11:49] Um, I think it just comes with that experience. I mean, I, from practically day one that I kind of stepped out of law school and right into a tax law firm, I was doing kind of the advanced strategies and that is definitely an advantage of the lawyer side where the career of an accountant is much longer to get to doing tax practice. You know, you've got to spend a couple of years just grinding through audits, usually at a big four accounting firm. Then you enter as a specialist, they're called. Then you have to slowly work your way up. Then you have to take the tax specialist program put on by the Tax Foundation. And then you have to switch to your tax group. So to become a tax specialist in accounting sometimes takes ten, 15 years and then they start to work on, oh, I want to roll over some assets, I want to do an estate freeze, I want to, again, these kind of more routine transactions, whereas again, kind of right out of law school while I was still articling, the first thing that kind of appeared on my desk was some of these strategies. And so I think just that familiarity with them and kind of a good understanding of the risk levels just because from day one that's what I've been working with. The familiarity of them I think is probably biggest one. And yeah.

     

    Dr. Wing Lim: [00:13:03] Yeah. So to finish the story, so my partners eventually, one got bought out, one did not, the one got bought out because the passive income was too good, stock market was too good. They ended up with losing this small business deduction and ended up with 53% tax bracket. And accounting just gladly says right a tax and and this guy makes a lot of money, so that year was $530,000 of tax. I would have thrown up. Right? So, and the other guy did not listen. Finally there's a time to be bought out and this guy did not purify the company, so he said no. And then the chance is gone. Now the company has no money to buy him out. And then I met another lady - so I think I send that person to to Jason - so the husband died, right? And unfortunate, so this is a fresh widow. And the husband got bought out by the company. And except the money was given to the kids and my friend was given a tax bill. And so because, again, did not do it right, did not purify, did not do the lifetime capital gains exemption. So this poor widow, fresh widow, apart from morning and running the funeral, was told by her accountant, say, did your husband invest in something? There's a T5 for $400,000 and now you have a tax bill of $200,000 due in two months. It's just such a horror story. Right? And so she didn't see the money, but she has to cough up 200 grand. And if she's not liquid enough, then she would have been in trouble, right? You know. So do you see horror stories like these, Jason? You must have seen some of these.

     

    Jason Pisesky: [00:14:55] Absolutely. And I mean, the hope is always that you can turn the horror story around because not a small portion of the practice comes from people who, oh, I've built this business over the last 20 years, I'm ready to retire, I just got this offer in the mail, help me structure this for sale. And it's well, again, often we can help, but it is usually more complex and expensive when you're doing it on the precipice of retirement, when again, you have to do these purifications, take all these extra steps, where again, but I'm sure, again, speaking to, you know, medical analogy, the preventative care doing it all along usually leads to a much better end result at the end of the day, the last stages of the business as well. Making sure that you, you know, if you're generating tons of surplus money, you have a place for that to go that you don't have to purify as much, making sure you have the right types of shares and the right types of places to get the most efficient tax treatment at time of sale.

     

    Dr. Wing Lim: [00:15:52] Right. So I think most of, I'm talking about personal experience, most of my tax advisers are very conservative. Right? This side, you never get audited, this is the side that you may get audited. And so they say, remember the first accountant, you'll never be audited with me. But of course, I pay taxes through my nose. And ten years later, I went to seminars, webinars, whatever, and I say his name was John Whatever, John, can we do this now? He said, yes. Could have done it last year. Yeah, could have done it ten years ago. Yeah. Right? Wow. Like the tax implication was huge. Right? And so as our financial IQ goes up, these advanced tax strategies show up. And then you find that, oh, people who are high up in the high net worth sphere, some of them do it every single year. You know, but then the accountants don't want to touch it. And then so my first tax lawyer met, he says, I stamped approved my advice and I go to court on your behalf. Right. And he told me that the difference is the penalty. The accountant versus the lawyer. So do you want to expound on that a little bit, Jason? Like, how much are they liable?

     

    Jason Pisesky: [00:17:05] Sure. Yeah. So at least in Alberta, and I think several other provinces, accountants have the ability to limit their liability as low as the fees paid. So they come up with a complex tax strategy that's going to save you $1 million, but something goes wrong. Whose fault it is? Who knows? The fees may be limited to, sorry the liability may be limited to just the fees paid. So you're fighting with the CRA. You owe them a million bucks, but you only pay the accountant the $50,000. That's what you can get back. Off you go. Lawyers generally do not have the ability to limit their liability. So, and that's an important point. Lawyer's fees are often higher than accounting fees, but that comes with kind of you're paying almost for insurance at that point too, where if something goes wrong, you have the ability to, you know, the lawyer is liable for that amount. And generally the the lawyer's kind of liability funds are, take that into mind, too, that lawyers have higher liability as well. So that's definitely a relevant consideration when you're choosing between a tax accountant and a tax lawyer. Yeah.

     

    Dr. Wing Lim: [00:18:17] Right, Right. Yes. Now, talking about cost, I often have people say, well, I don't want to pay the money to see a tax lawyer. And last month our webinar is with Goran, and some of you were there, and he's a tax strategist and he's not a lawyer. And so Goran and Jason, they do work together and he threw a lot of these things out. Right? And people said, well, how do we do that? And then somebody is typing in the chat and say, sounded expensive. Right. So then, so okay, let's address the elephant. Doctors are cheap. Doctors go to seminars, learn to DIY yourself to financial independence and the wealthy land right? You know. Hello. Hello. Hello. You never went to school. How do you think you can DIY? Right? But doctors are cheap, right? They want to fire all their advisors and buy some index funds and then buy some crypto on the fly and be rich. So what are kind of the costs? You know, we have a national audience, right? Nationwide. How much a tax lawyer is worth? Like, do they charge by the hour? Do they charge by the case?

     

    Jason Pisesky: [00:19:26] It depends. Usually by the hour. Although if you're kind of doing something kind of more routine planning, I am comfortable block quoting and saying this is what that particular strategy for you, based on all your circumstances, should cost and sticking to it. I do that quite a bit because I find clients do like that. You know, we can all quote in ranges and say what your hourly rate is, but then, you know, what does that really mean? Of course you give a range and the client sees the low end of the range and the professional sees the high end of the range. So I do find it to the extent possible, it is always great to give a fixed quote because everyone knows what it is. And oftentimes for when I can give a fixed quote, it's for a strategy where the the benefits are easily calculated. So I can say, you know this planning strategy, whether it's on a sale, whether it's a kind of annual planning, it's going to result in tax savings of X, it's going to cost you Y, X is bigger than Y, why would we not do this? On hourly rates, but so that's where, again, it's, you know, relatively predictable what's going to be involved. You know, assuming people have clean minute books and no skeletons in the closet, once you start moving into more bespoke unique things, hourly rates are definitely relevant. It's hard to to tell you exactly, I mean fresh out of school I'm sure there's tax lawyers somewhere in this country where their rates are, you know, $200 an hour. I know there's some in Toronto their rates are over $2000 an hour. So it does depend on seniority, what region you're in. Good thing about tax practice, though, is it's national. So you do have the opportunity to pick your professional, generally speaking, across the country because our tax code is a national code and I can work on someone who has an issue in Ontario with the national tax code as well as someone in Alberta. So yeah.

     

    Dr. Wing Lim: [00:21:15] Yeah. So there's a wide range of course there, hundreds of dollars per hour. Right? And then people say, well, you know, do you get the money worth? So I can say from my personal experience, yeah, we did a strategy where Colombo, I think my fee was about 30, 35, and we saved about $375,000. So the net savings was about $300,000 north of it. So and I talked to my colleagues, just I tell people I put the money where my mouth is, where everything I share, I've done it, right? And so people chase the returns, chase stock, the stock is hot, right? Go up, crypto hot or this real estate is really good, flip it. Make the money. Well, are you ever going to make that kind of return? 10 times. 100 times, right? Like, but if you don't, well, first of all, when you put it like that, it's a no brainer, right? You spend 30 K and save 300. But most people don't even understand that, right? They're just chasing the DIY index fund.

     

    Jason Pisesky: [00:22:16] Absolutely. And that's usually the conversation I do have with people. And it's always good to have it at the outset, right? I mean, if I went to you and said, hey, pay me 20,000 and I'll give you 200,000, you know, if that's, and that can usually be fairly easily quantified close to the beginning, maybe not precisely if you're talking something more complex like a sale or something, maybe it's you know, it's going to depend on some of the attributes of the companies. But you can often get pretty close to, you know, what the advantages are to a plan. And again, they're not always pure tax savings. Sometimes they're tax deferral, which is more confusing, where you've saved immediate tax, but the tax has been kicked down the road and it'll have to be paid later. But that does have advantage if you've deferred tax in a company and you can invest it, you know, a higher starting nest egg. Yeah, so the ability to kind of talk about those advantages, that's definitely great for a tax practice generally. I know I sometimes feel for my family and criminal law colleagues who, it's much more uncertain what someone is willing to, I don't want to go to jail, I'll pay any amount not to go to jail, until you get $100,000 bill. And it's like, well, how long was it in jail, really? Like, you know, I want my kids, you know, 100% access to my kids. Right? And again, until you get the massive bill from your lawyer and maybe you just ended up at 50% anyways, but you got your lawyer to fight for that. So I do like tax practice generally because you can, it is math of here's my fees, here's the savings. Yeah. And so I think clients generally appreciate again that and I think you probably know those numbers because you know how I draft my reporting to you. I set them out. I'm like, here's itemized exactly what we did and the results you got from it. Yeah.

     

    Dr. Wing Lim: [00:23:55] Right. And then I kept sharing with my colleagues as we lived through especially the last few years, CRA has been changing dramatically how they deal with business owners, professionals, especially medical PCs. Right? So, and every time I heard about something, I have to pick up the phone and talk to somebody smart like Jason or my other tax consultants. Right? So what have you seen since 2017? What big changes are there and how does that eat us up as professionals? Those new tax laws.

     

    Jason Pisesky: [00:24:29] I mean, the big one is the the TOSI, the tax on split income, which I don't know if you've talked about it on past ones, basic rules kind of being before the TOSI rules, I'll call them, people used to have spouses and children being shareholders of their active PCs and they would pay dividends to them. It's great if you had a non-working spouse, you could take advantage of their lower brackets. Same if you had kids going to university or, you know, buying their first home or a first car, you can kind of put the money right into their hands, use their brackets as opposed to taking it all at your high brackets. So those rules came out in 2017 and they were definitely a wrench. And they changed the tax landscape. There have been some other changes. I think it was, gosh, now I can't remember it was before or after that, they also changed the - I think it was after - the ability to practice in a partnership and have kind of the ability to have everybody get their small business deduction, the 500,000. Yeah, that was a big, that was a big one. It used to be able to have, and I knew of them, you'd have practices of, you know, 50 to 100 doctors in a clinic. And despite the size and the revenue, everybody was able to get their small business deduction. That's not the case anymore. They've closed that with a very, very complicated series of rules. And then, so now it's kind of like everyone shares one crack at it, the one $500,000 limit, as opposed to everybody having their own $500,000 limit. So the general... and I don't, I think it's unfair, although maybe I'm biased, Parliament does definitely have a take that professionals generally, be they accountants, lawyers, doctors, you know, that they're not business owners, which I strongly disagree with. I don't know what that means. You know, we go out, we get clients, we drum up business, we start clinics, put up signs, all these things, and take significant risks. But they seem to like to treat, or seem to be trending towards the direction of, you know, they should be treated like employees. It's not fair for them to have PCs. And so think that I haven't seen anything softening that tone of, you know, professionals need to be treated differently than a business, you know, producing widgets or whatever the classic university example is of your textbook business, and economics is my undergrad, it was always the widget factory they used.

     

    Jason Pisesky: [00:26:56] But I think a lot of times I'm sure a lot of people on this webinar and a lot of people listen to this podcasts spend a lot of sleepless nights at times thinking about, you know, if their business has been going through a rough patch or how they're going to grow or what the next year looks like, and how they're going to retire because they don't have a pension plan like like someone who's, so yeah. And we see technicals come out where there's a technical recently where CRA made some off the cuff comments about a medical professional that was working for a hospital, that kind of a bit of a uproar there about, again, were they really in business if they were just working directly for the hospital as a director? And so kind of a lot of off the cuff comments and material tax changes as well, that they don't necessarily... I mean, the rules that talked about TOSI, and changing those rules around the $500,000 limit so people couldn't get multiple, those don't just go after doctors, but they definitely impact doctors materially.

     

    Dr. Wing Lim: [00:27:54] Right. Now so we need to wrap the formal part up and then we'll open up to Q&A. But I think, I've been around three decades and I've seen a lot of changes, and definitely it's eaten up autonomy from professional level and also from the taxation point of view. Right.? Our take home pay has been less and less, not just from our respective colleges and provincial payment mechanism, but also from the taxation point of view. It's less and less friendly, right? And if you don't understand it, if your tax accountant is having this, your accountant is having same lesson plan as 20 years ago, it's like Mrs. Jones teaches English for the last 20 years, the same Macbeth, same same playbook. Right? So it's changing, right? And I definitely see way too many of my colleagues still using the same outdated tax strategy. And then so, a lot of these off - what we call it - the off cuff discussion, right? And people like you, Jason, read those all the time. That's your pastime. Right? And then you can tell us, well, hey, is this a smart one or not so smart one, right. For example, one is just did one prescribed rate loan for my daughter. And who just getting her first condo and based out of college and I'm exactly the guy sitting next to me his daughter in the same boat said, have you heard of this? He said, No, I haven't. So if you plug in with smart people, you get smart advice and that could change dramatically, dramatically your cash flow, your long term tax planning, even estate planning. Last mastermind we had was, masterclass, was beginning with the end in mind, right? With estate planning all that, it could be huge difference to your offspring. Right? So anyways, I just want to wrap it up and say we need - our goal here at Physician Empowerment is not to sell you guys anything but to share our ideas and to disrupt you so that you can think, and to equip you so that you can ask smarter questions next time you meet with your accountant or with your tax consultants. Right? So I want to thank Jason and we'll have Jason back again May the 7th. Virtually, him and other panelists will talk and we'll open for Q&A at the end of our whole weekend. Okay, so and Jason, yeah, as I said, and Kevin introduced, he works for KPMG. It's a national firm. It's one of the biggest firms in accounting. And he is in the law division. And I heard that you're doing your West Coast division, right? Right now.

     

    Jason Pisesky: [00:30:28] Yes, I'm working towards starting up kind of western Canada arm, to the extent it does exist in Calgary and Vancouver, but we're seeing kind of a bit of an expansion and stuff. So looking into that.

     

    Dr. Wing Lim: [00:30:39] Yeah well so congrats and hope everything turns out good. So I definitely thoroughly enjoy our friendship and every time I get smart advice from Jason.

     

    Dr. Kevin Mailo: [00:30:53] Thank you so much for listening to the Physician Empowerment Podcast. If you're ready to take those next steps in transforming your practice, finances or personal well-being, then come and join us at PhysEmpowerment.ca - P H Y S Empowerment dot ca - to learn more about how we can help. If today's episode resonated with you, I'd really appreciate it if you would share our podcast with a colleague or friend and head over to Apple Podcasts to give us a five star rating and review. If you've got feedback, questions or suggestions for future episode topics, we'd love to hear from you. If you want to join us and be interviewed and share some of your story, we'd absolutely love that as well. Please send me an email at KMailo@PhysEmpowerment.ca. Thank you again for listening. Bye.

    15 - Secrets of the Canadian Tax Code with Goran Ogar

    15 - Secrets of the Canadian Tax Code with Goran Ogar

    Dr. Kevin Mailo and Dr. Wing Lim welcome financial advisor Goran Ogar to the show to share some tax code insights that a lot of general accountants may not know. Goran specializes in complex tax strategies for professionals, the very wealthy, and corporate entities. His understanding of the Income Tax Act is second to none. 

    Goran first explains why many accountants and lawyers don’t know all the ins and outs of the tax regulations. It’s a very complex thing to study in its entirety. He then explains how corporate taxation works upon a business owner’s death and how 60% of the assets will end up double taxes so only 40% remains to pass on. How can this be avoided?

    In this episode, Kevin Mailo and Wing Lim, with guest Goran Ogar, discuss the strategies to be found within permanent life insurance, how to collateralize on the opportunity for loans on insurance investment, and why strategies are necessary for personal businesses earning over $200,000 per annum. As Wing says, this episode is like reading the table of contents of a book you are very interested in, so there will be more in depth insight from Goran in the future. Start here and keep listening.

    About Goran Ogar

    Goran Ogar is a financial strategist and advisor recognized by his colleagues for having a unique command of the most complex financial issues as it pertains to corporate tax and legal matters. He started his career in the financial industry in 2001 as an independent financial advisor, and has taught over 500 seminars and workshops on various financial topics. He approaches financial planning by first taking time to learn the specific values that his clients hold dear, then he identifies solutions to their challenges, and communicates a clear and concise course of action that is in alignment with those values.

    In addition to the financial advisory career, his entrepreneurial endeavours gave him first hand experience in business. He developed and started businesses in the areas of real estate, recycling, oil and gas, and hospitality. His business activities ranged from startups and initial fundraising to public company mergers and acquisitions. 

    Resources Discussed in this Episode:

    Physician Empowerment: website | facebook | linkedin

     __

    Transcript

    Kevin Mailo: [00:00:00] Hi, I'm Dr. Kevin Mailo and you're listening to the Physician Empowerment Podcast. At Physician Empowerment, we're focused on transforming the lives of Canadian physicians through education in finance, practice transformation, wellness and leadership. After you've listened to today's episode, I encourage you to visit us at PhysEmpowerment.ca - That's P H Y S Empowerment dot ca - to learn more about the many resources we have to help you make that change in your own life, practice and personal finances. Now on to today's episode.

     

    Kevin Mailo: [00:00:35] Hi everyone. I'm Kevin Mailo, one of the co-founders of Physician Empowerment. And tonight I'm joined by Wing, also one of the co-founders, and he is going to be interviewing an associate of ours, Mr. Goran Ogar. And I'm not going to introduce Goran. I'm going to let Wing do that, but I'm going to introduce the topic. And the topic is this: Aspects of the Canadian tax code that your accountant or lawyer may not be aware of. So a bit of a controversial topic and a very fascinating deep dive. And I'm really looking forward to this one because Goran has a ton of background in tax planning for high net worth individuals as well as businesses and start ups. So with that being said, I'm going to step back and I'm going to let you run the show here, Wing. Take us through this great topic.

     

    Wing Lim: [00:01:26] Right on. Thank you. So I'm Wing. Dr. Wing Lim. I'm one of the co-founders of of Physician Empowerment. And some of you know me very well, some of you I may not know. Anyways, I'm absolutely excited to interview Goran tonight. Goran and I went back 20 some years ago. A past kind of crisscross, and then we're working on some really interesting stuff together. So yes, so the topic is highly controversial, but let me introduce why I would interview Goran? He's one of the most interesting guys I know and we say that our webinar and podcast, we want to interview interesting people and interesting topics. So Goran, of all, he came from Serbia and of all places that he chose to fly to, he chose the Frozen North called Edmonton 25 years ago and he actually became a preacher, went to school, become a preacher, and ended up in the financial world. But not just that. He did a bunch of start ups, different companies. He's a serial entrepreneur. I consider myself one of those too. And it's not open up serial companies, it's serial as a bunch. And he's taken some companies public that's in the oil and gas industry and others, and he's done restaurants and different things. Him and his wife both like they they cook so well, it's like MasterChef, and they fix a meal for me and my wife, it was absolutely amazing. And so Goran is not the type of financial advisor that goes around drumming up clients. He has a select suite of select high net worth clients, and some of them are in this professional space, but some are extremely wealthy. And he, I would call him specializing in complex tax strategies. He's been retained by various companies to do retirement planning, and two of which that is in our city, is University of Alberta and NAIT - North Alberta Institute of Technology. And these are, and they hire him just to help people retire. Right? So without further ado, Goran so tell tell us about your yourself, your journey, like it's really interesting path you crisscross.

     

    Goran Ogar: [00:03:33] Yeah well I came back in mid-nineties to Edmonton to study theology of all things, and when I finished my undergrad studies I continued for the master's degree and had a really good friend who was a financial advisor. He showed me strategies that he was doing - in particular tax strategies that he was doing - for his clients. And I just fell in love with the process of strategizing, figuring out different things. And the bottom line for me was figuring out how to, and learning how to reduce the tax burden. And so that was about 21 years ago. And I decided at that time to join a company, Assante Wealth Management is the company I joined, and became a financial advisor. And one thing that was very interesting for me, because before getting into financial industry, I was a teacher at local college here and teaching was the only thing that I knew how to do at the time. So I prepared courses on financial planning and tax strategizing and approached large companies in Edmonton area. And the University of Alberta was one of them, NAIT was another, Sherritt International, Dow Chemical and dozen other companies. They hired me and I was doing their financial planning, educating their employees for probably about 12, 13 years or so. But in that period, getting to know and meeting lots of entrepreneurs, I myself decided to become an entrepreneur myself and in the process started several companies in oil and gas, in tire recycling, hospitality. That was probably the most painful experience, owning the restaurant. I wouldn't advise anybody, you know, unless you're so passionate, but hey, I did it and it was a fun experience. So, and lots of good stories to tell from that.

     

    Wing Lim: [00:05:23] That's good. The good, the bad and ugly. And so, okay. So with that diverse background, of course you dealt with some really high net worth family offices and individuals, and there are stories that - I don't want to belabor everybody, but there are people worth double digit million - and then their tax advisers goofed. Right? And then as a result, they paid millions and millions of dollars in tax they shouldn't have. So for our level, regular human beings, doctors. So what? So what could possibly, the tax code, what could possibly our accountants and lawyers not know? Didn't they go to school?

     

    Goran Ogar: [00:06:02] Well, they did. The challenge is that the Income Tax Act is about 3500 pages thick. And in order to reduce taxes, you need to know the rules. And to know all the rules is pretty difficult. You really need to have an income tax act as your bedtime read. And very few people do that and on top of income tax, there's income tax regulations as well. That's another 1500 pages. So when you start looking at the whole picture of how the taxes are regulated in Canada, there's lots of material to study. The challenge is, in particular for lawyers and for the accountants, is many of those things are not even being taught during their education as they're getting their certification degrees and being actually accepted to the bar, because other things are more interesting. And there is, there are other things that are more of a focus. So the taxation does ends up being a really specialized field because even every accountant you will come across a tax accountant. So there is a general account, there is a tax accountant and actual tax accountants, very few of them are out there. Most of them are, most of the accountants are general accountants, so they don't focus on strategizing and the strategies that would be applicable both to the individuals and the small businesses or any size business. So the taxation is really narrow field and there are way too few, if you will, specialists in that regard.

     

    Wing Lim: [00:07:36] Right on. And so we, those of us who are married, said the vows till death do we part. It might hold true for marriages. It doesn't hold true for taxes. And sometimes till death do we start, right? And so. So maybe we should start there. So let's start with the end in mind. Right? So what happens when we pass on? We say work all our life, save the money, and then what does this tax man get if we just don't do capital planning?

     

    Goran Ogar: [00:08:13] Yeah. The big challenge is in particular with people who own corporations and most of the physicians are corporate owners. You are a business owner, you run a business whether you feel that you are a business owner or not, you are. That's the bottom line. And essentially, when a person, business owner who's, let's say 100% or 50% business owner, when that person passes away, the corporation is deemed as disposing of all the assets. So the corporation gets taxed pretty much at the highest marginal tax rate when the owner passes away. So the corporation gets taxed at about 50% tax rate. Now, the next step is for the assets to pass to the estate. And as an inheritance, there is another layer of tax that comes on top of that that the estate is going to pay at the disposition of those assets. So unless there is a proper tax planning, there is double taxation at the corporate level and then at the personal level. And that tax could be easily north of 60% of the total assets that would go to the government.

     

    Wing Lim: [00:09:24] So wait a minute, wait a minute. So you say, okay, so we work our butts off over the years. Let's say we save $1 million in assets passes to the next generation. So what really passes to the hands of our children is only 40%.

     

    Goran Ogar: [00:09:39] Roughly 40%, if no planning was done. Right?

     

    Wing Lim: [00:09:43] Wow. So what about what about these RSPs that everybody's racking up? I've known people rack up millions of dollars in RSP and then become whatever Lira. And what happens to those?

     

    Goran Ogar: [00:09:54] Well, when the person passes away, if that's the last person, let's say in a couple, right? So all the assets are considered to be sold. So full withdrawal of the RSPs happens. And pretty much if there is $1 million in the RSPs that's considered in the terminal year, the year of death, that's considered as an income to the person that passed away. So at $1 million, that would be the highest tax rate depending on the province where you are, 2 or 3% up or down from 50% of the money would go to the government depending on the province. So 47, 48 to 53% in Canada goes to the government from the RSPs. Same with Lira, right? The only actually type of account, registered type of account, that would not be hit by that is TFSA, tax free savings account. But unfortunately, with the tax free savings account, there is very limited amount of money that could be invested in it.

     

    Wing Lim: [00:10:56] That's so good that the government has to limit it.

     

    Goran Ogar: [00:10:59] That's right.

     

    Wing Lim: [00:11:00] Yeah. Now, the other thing, the government, is so good that the government have to limit it is insurance.

     

    Goran Ogar: [00:11:06] That's right. Yeah. So there are three types of insurance, actually two categories. There is term insurance and there is permanent insurance. And permanent insurance could be as universal life and whole life. What's interesting is about five years ago, the government reduced the amount of money that could be placed inside the insurance. And when I say placed inside the insurance, permanent life insurance is very different from the term insurance. Term insurance is only insurance that has pure insurance cost in it, plus some administration fees and stuff like that. So it's kind of like people consider it as a cheap, the least expensive type of insurance. It's not, actually it's even more expensive When you look at the net cost of pure insurance, it's slightly more expensive than net cost of pure insurance inside the permanent policies. Now, with the permanent policies, that's universal life and whole life, there is the insurance component, but there is also the investment component. In the past, government used to allow a significant amount of money to go into the investment portion of the permanent policies. And the challenge for the government was that the investment inside the insurance is exempt from the taxation. So it behaves in a similar way like tax free savings account. And essentially a person could put a large amount of money to grow at your discretion. If it's universal life, you can invest however you want - mutual funds, stocks, index funds - whatever you want to have in your portfolio. And that money would grow on a tax free basis and at the time of passing, it would go to the estate on a tax free basis as well. But also a person could withdraw from there in the form of a collateral loan or a straight withdrawal. We can get into it a little bit later, but about five years ago, the government decided to reduce the amount of money that the person could invest inside the universal life policies simply because lots of people were put in a significantly large amounts of money into those life insurance policies and without paying any tax on them.

     

    Wing Lim: [00:13:29] So that's that's actually the wealthy people secret weapon, right? They have so much inside this TFS on steroids which is insurance, permanent insurance, and jacking up just getting fatter and fatter. And at the end the government gets so little tax out of it, they have to limit because it's so good.

     

    Goran Ogar: [00:13:49] That's right. There are certain strategies, we're not going to go into all the details because our time is limited from that perspective. But there are certain strategies that could be used with the, within those policies, and with the corporation where literally corporate money could be withdrawn outside of the corporation without triggering any tax.

     

    Wing Lim: [00:14:10] Yeah. Now so we don't have time to go dive into that. But this is very interesting. So would you, so comparison number one, you have a bunch of assets portfolio. You know usually the regular Joe doctor goes to the regular Joe accountant and they say, okay, pay yourself T5, save a bunch of money in the corp and invest in the corp and build up the portfolio. And upon death, like you say, there's double taxation. There's like 60% gone to the tax man. So what happens if there is an insurance policy?

     

    Goran Ogar: [00:14:41] So essentially how it works with insurance policy, let's say if it's corporate owned insurance policy, so there is no withdrawal of money outside of the corporation. If a person would set up insurance policy, they could dump in a large amount of money as an investment inside that policy. So that money would number one, it would grow tax sheltered. What it means is there would be no taxation. So again, similar to the RSPs or tax free savings account, as compared to regular investment inside the corporation, which would trigger passive income taxation. And at about three, four years ago, the government actually was addressing the passive income inside the corporations. And if your passive income is over $50,000 per year, you lose the benefit of the small business deduction, which means you're getting taxed as a large business. Even on the first portion of a half $1 million. With the life insurance, permanent life insurance policies - so universal life or whole life - you completely bypass the passive income taxation. Now, if the investment inside the policy grows and let's say if it stays there 34 years until a person passes away, the proceeds from the insurance are paid into the corporation, number one, on a tax free basis. So they hit the corporate account on a tax free basis. The corporation does not pay any money in tax and as a result, proceeds from the insurance create something that's called capital dividend account or short, abbreviated CDA. The capital dividend account is a notional account, so it's used only for the accounting purposes. But that account allows the funds from the corporation to be passed on to outside of the corporation on a tax free basis. So which means all the assets that are accumulated inside the corporation within that policy would pass to the heirs without triggering any tax at all. So even if it's corporate money.

     

    Wing Lim: [00:16:54] Wow. So let's dial back a little bit. So same thing, right? So you work your buns off, have $1 million nest egg. Right? So you put it, uh, hide it inside a policy, permanent life policy, which is corporately owned by your place of work or whichever, so upon death is not just the insured amount - whatever 1, 2, 3 million - that goes to your offspring, but also the growth inside it is tax free compound over 30, whatever decades. And it goes down tax free.

     

    Goran Ogar: [00:17:25] That's right. Yeah.

     

    Wing Lim: [00:17:27] So then then so the comparison is we, my wife was a financial planner like 30 years ago, and at that time we read the book The Wealthy Barber, and said, okay, buy term life the cheapest to hold it personally, then you don't have to worry about pulling it out of the corp. Then the difference is a million, you only get 400 down to your kids or 300 versus a million. So for us to believe in that, we have to work 2 to 3 times harder to save a million to the next generation. That's absolutely crazy. But that's, everyday Joe, that's the advice that we got.

     

    Goran Ogar: [00:18:02] Yeah, well, that's the challenge with the advice. That's the challenge with the taxation. Because even I had an opportunity to chat with an accountant, one of my client's accountants - this was about 4 or 5 weeks ago - and the conversation revolved about the taxation and certain aspects, and I mentioned a different accounting firm and certain strategy. I was going to send the documents that I received from that accounting firm, kind of saying that the strategy is okay and that that's what they recommend to the clients. His comment to me was, Well, I don't like what they're saying because they approve of capital gains stripping. I'm not going to go into that strategy. But it's a very unique strategy. It's called, in other words, a pipeline strategy for a corporate tax planning. He was upset because the other accounting firm utilizes that for their clients. Well, the other accounting firm is actually a large national firm. I'm not going to name that firm, but it's a large national firm that has a very good auditors and frankly, CRA does not come against them very often, if ever. So they're utilizing this strategy that the other accountant that did not approve. Why? Simply for the lack of understanding and knowledge of certain aspects of a tax code.

     

    Wing Lim: [00:19:35] Right. Now, so yeah, this is very interesting. So let's move on. So do we have to, all these benefits just from one strategy you're talking about, do we have to wait till we die to benefit from.

     

    Goran Ogar: [00:19:48] No you don't. No, because, so let's say with with the permanent policies, if they're a part of the corporation and if the funds are accumulated inside the corporation, you can either withdraw money from it. Now, it would be taxed if it's withdrawn outside the corporation. Another option is to use those funds and use it as a collateral asset for the loans, and pretty much every major bank in Canada will lend you money against a permanent life policy outside of the corporation for the corporate asset. So the way we structure it often is, let's say if there is retirement planning, so an individual, a business owner, would invest a large amount of money inside the insurance policy. When the time for the retirement comes, they would just have a series of loans outside of the corporation, which would be a tax free money to them. Let's say a series of 20 loans, 20 annual loans for the 20 years. So all the the money is not withdrawn. It's alone. The investment inside the permanent life policy continues to grow. And upon death the insurance policy pays the proceeds to the corporation, as I mentioned earlier, from the corporation it gets on a tax free basis to the heirs or to the estate outside. A portion is used to pay off those loans and the rest stays tax free with the family or with the heirs. So a person can simply use that, collateralized, use a loan as a tax free income in retirement against the assets inside the policy.

     

    Wing Lim: [00:21:38] And in case this makes your head spin, don't worry about it. We'll have future sessions that dive into these strategies. Today is opening, by talking to Goran it's like going to a bookstore and find a very interesting book or novel and you open it and you just look at the table of contents and you're really attracted. So this is, today is one of those because there are so many interesting things. Now, let me recap it in layman's terms. My understanding is instead of going buying a cheapest term life insurance under your personal name and then pay yourself T5, the different advice that that we get here, or different brain wave, different wavelength, is actually put it inside, buy a permanent life policy inside your corporation and stuff as much as you can and build it up, build it up to be tax free. And not just that you collateralize it, right? So you borrow the money out and pay whatever prime rate or whatever. And then, but then now it's a loan under your personal name. So it's not under your corporation. It doesn't have to be in a corporation anymore. So you don't have to worry about this passive income thing. And then so you can invest. So then you have your nest egg inside a life policy that's growing, but you take it out, collateralize it, and you still, and you now you can invest again. So you got two, two piles growing. Is that true? Goran?

     

    Goran Ogar: [00:22:59] Uh, sorry, could you repeat?

     

    Wing Lim: [00:23:01] So your life policy is growing, right? Tax free. But you collateralize, so you borrow the money out.

     

    Goran Ogar: [00:23:07] That's right.

     

    Wing Lim: [00:23:08] Now you can go invest again. So. Have a second pile growing.

     

    Goran Ogar: [00:23:12] Exactly. So what lots of people do is they would have a policy inside the corporation. They would borrow money outside the corporation and not spend that money, but actually use it for the investment purposes. So essentially, it's using a corporate money in the personal environment now, where the taxation is actually lower than inside the corporation, and that's additional benefit that could be used. So the interest in that regard becomes also tax deductible.

     

    Wing Lim: [00:23:44] Right. And then a lot of struggling young physicians, right, we met young colleagues by the time they finish med school, they are $250 to $300,000 in debt. Right? And so they if they have this kind of policy and they do a collateral loan, and so they can pay off a little bit and still sock some money away. Right? Or can sock away for a nice retirement. So this now, this alone is amazing. What... give us another, what else would a regular physician, should should we do if we, now that we have this thinking cap on, what else would you advise? Like what other corporate restructuring strategies would you recommend?

     

    Goran Ogar: [00:24:24] So depending on a personal situation, of course, and everybody's situation is different. But typically when I have my wish list for my clients, when I look at their situation, and that's restructuring the type of income that they draw out, I understand that people have to take out T4 income. But if you're taking T5 income, you can look at reduction of your CPP income to reduce so that you're not paying CPP, because many people are not going to use it. So for me, number one income strategy would be looking at the pipeline strategy. So I would advise many individuals, if you have income of, let's say, $200, $250,000 per year or more, utilizing pipeline strategy or capital gains stripping, would reduce your income by half, literally. Number two is setting up a permanent policy for estate planning, for retirement planning, or for immediate financing for other investments and stuff like that outside of the corporation or for a different corporation. Number three, I would say setting up a family trust, family trust and keeping the assets inside the family trust. Family trust for a reason, there are tax reasons, but also there is a control reason that will help you save money from creditors. If there are certain situations in life, there are many things that can happen that with a family trust, actually you can prevent negative consequences from happening.

     

    Wing Lim: [00:25:59] Like a divorce of your kids.

     

    Goran Ogar: [00:26:00] That's right. Exactly. Yeah. Yeah. Because with the family trust you can avoid even for your kids, you know, prenup agreements and stuff like that, which is often a tough conversation to have. If a person is a donor, if you like to donate money to charities, I would look at setting up a private foundation as well for those purposes, because with the private foundation, whatever you put into the private foundation, you get pretty much about 50% tax credit. But you have to spend only 3% of whatever is inside the private foundation for the charitable purposes in any given year. So those are kind of like four strategies that I would look at seriously considering setting up pretty much every business owner. Now, there are other strategies as well that could be applicable for various situations, but these four, I would say, are the core when it comes to tax savings for business owners.

     

    Wing Lim: [00:26:56] Right on. Yeah. So somebody's already made a comment like we're drinking from a fire hose already, so 30 minutes just came and gone like that. So a couple of questions left from me. Why wouldn't more advisors tell us this?

     

    Goran Ogar: [00:27:12] Well, I would say, number one, there is a lack of knowledge when it comes to these strategies, and I think that's the biggest issue. Number two, there is, from the accounting perspective, there is only accountants, there is always fear that you are too close to the line and that you shouldn't walk too close to the line. So I would say those two things - the lack of knowledge and fear of stepping over the boundaries - are probably the two most the biggest reasons why we don't hear about those strategies.

     

    Wing Lim: [00:27:46] Fair enough. Fair enough. And that's why we're here to empower everyone, right? The empowerment process to empower you to ask smarter questions, write to your advisors. That's then the last question I have, if we have run of the mill advisors, we feel stuck. Do we fire them or what do we do? What are our choices and steps?

     

    Goran Ogar: [00:28:06] I mean, that's difficult to say, you know, because I'm an advisor myself. Right? But the challenge is there are lots of good advisors out there, but there are few in comparison to the number of advisors that are there. So looking and finding a competent advisor who knows his stuff and who's willing to tackle the taxation and the estate planning and the strategies that are involved, who is willing to go extra step, if you will, with strategizing, I think would be probably the most important thing for an individual to do.

     

    Wing Lim: [00:28:43] So what, at what time should one retain a tax lawyer? At a cost?

     

    Goran Ogar: [00:28:50] Yeah, I would say for tax lawyer in particular with the income of $200,000 plus, I think a tax lawyer is a must because the cost for a tax lawyer at that point, percentage wise as a percentage in relation to the income, becomes justifiable.

     

    Wing Lim: [00:29:08] Right. Yeah. Well, that's absolutely amazing. So I can share with people that, that I've learned tons and tons over the years. And when I tell people, when I meet with my accountant once a year is not ask my accountant, what do I do? Is I like do the Vulcan mind meld like Star Trek, but I suck him dry. I drive the two hour conversation and then I would pay the tax lawyer to give instruction to my accountant. Right. So that's, and inspired advisors like you, Goran, right are so, that is so rare. So rare. Well, so I want to thank you for this really, really valuable small lesson. And you definitely will be back many, many times. Let's open up the floor because we want to keep it lively a little bit. So, Kevin, maybe you can take control.

     

    Kevin Mailo: [00:29:57] Yeah, I'll be happy to moderate. And I'll add that Goran is going to be joining us for a portion of our conference May 6th and 7th. So we got those comments, you know, from some of our webinar guests say it feels like drinking from the from the fire hose, listening to Goran talk, I couldn't agree more. And I'm right in that category myself. So if you're feeling overwhelmed or there was a lot here, this is going to be up on the podcast, so you can always listen to it again. But more importantly, just reach out to us, connect with us. Goran is going to be at the conference to answer these questions and explain these concepts in more depth. Because there is a lot here. And like Wing said, we're just glancing at the chapters of a very big book here. But if we do this properly, this can mean hundreds of thousands of dollars over the course of our careers. Right? And we sit there chasing returns on the public markets or other investments. And we're not, we're not really paying attention to the single biggest line item in our lives, which is personal and corporate taxation. So it's worthwhile doing what Wing does. Learn some of this stuff better than your accountant so that your tax lawyer can send instructions over. But that takes time and I'd encourage everybody to come and join us May 6th and 7th for a bit of a deep dive in some of these topics. So with that being said, if anyone has questions, go ahead and ask them or reach out to us via email or connect with us on the website.

     

    Kevin Mailo: [00:31:19]  All right. We got one question. We got one question. From one of our master class participants. Thanks, Goran. Is the investment in whole life insurance going to be managed like mutual funds? You sort of touched on this earlier. Do you want to explain that a little bit more?

     

    Goran Ogar: [00:31:34] I did, and I do, yeah. So there are two types of permanent insurance. There is universal life and there is whole life. With the universal life, you manage the portfolio just like your mutual funds portfolio. So you have probably 500 choices, with most of the companies you have 500 choices of the investments. You manage them like a mutual fund. With the whole life in particular, the company gives guarantees. So the insurance companies, they manage that portfolio for you and the income is fixed. So there is no fluctuation like in mutual funds. So they're not phased, but whatever is happening with the market. So the income is fixed on the whole life.

     

    Wing Lim: [00:32:21] Which is amazing already.

     

    Kevin Mailo: [00:32:25] Wow. Are whole life premiums like a corporate rate expense? I'm hoping I'm getting that right.

     

    Wing Lim: [00:32:32] Is it a corporate expense?

     

    Kevin Mailo: [00:32:35] Yeah.

     

    Goran Ogar: [00:32:35] No, it's not. There is a very narrow reason when a life insurance could be a corporate expense. That is, if the bank, let's say if you're borrowing money from a bank, if they require that the principals of the corporation be insured, life insured, only then the premiums end up being corporate expense.

     

    Wing Lim: [00:33:00] So you mean when we buy a life policy, like a whole life policy, for example, inside a corporation is a personal expense not a corporate expense?

     

    Goran Ogar: [00:33:08] No, it's not considered. So it's after tax dollar to the corporation.

     

    Wing Lim: [00:33:14] Okay. But it's still inside a corporation.

     

    Goran Ogar: [00:33:17] It's inside the corporation, that's inside.

     

    Wing Lim: [00:33:19] Inside PC not personal.

     

    Goran Ogar: [00:33:20] Inside PC. It's not personal. That's right. Right.

     

    Speaker5: [00:33:25] Hi. Thanks. Sorry, I can't come online. I can't show my face.

     

    Kevin Mailo: [00:33:31] All right, go for it. Go for it.

     

    Speaker5: [00:33:32] That was very, um, my head is still spinning. So lots of good stuff, right? So I just wanted to be sure that it's like, after you do your tax year and you have money left over, you pay taxes on it. So whatever you do with that, you can buy life insurance with that, just like you would do an investment in your corporation. So it doesn't have to be from the personal side.

     

    Goran Ogar: [00:34:03] Yeah,it's not from personal side. So if it's corporate owned, exactly how you explain. So after you pay corporate tax, then you use those funds to invest money inside the permanent insurance.

     

    Speaker5: [00:34:15] Okay. Thank you very much.

     

    Goran Ogar: [00:34:17] Very welcome. I see the question, what about term life insurance? Same thing with the term life insurance. Only if the lender requires that there is life insurance on the principals, then the term life insurance could be deductible. Otherwise it's not. To the corporation.

     

    Wing Lim: [00:34:43] There's another question. There's somebody raising hand, but there's a question ahead of that. Who would you recommend, like term life insurance versus whole life insurance?

     

    Goran Ogar: [00:34:52] Okay. So where I would recommend the term insurance is, for example, there is, let's say, a startup company and there is a buy sell agreement between the partners and they're planning to build the company and sell it maybe in 5 to 10 years. So where there is an exit strategy that close, then I would say go for the term insurance rather than the permanent insurance for the reason of it's less money to be put in because more money is required for the corporation maybe to run. In that case, I would say term insurance because there is no other plan in a tax planning that's involved. Now, if the desire is to do additional tax planning, then I would look at the strategies with the permanent insurance. Does that answer the question?

     

    Wing Lim: [00:35:45] So in my mind, just my 2 cents worth, we all have cell phones, right? And I would say that the cheap term life is this is a phone you can call somebody. But now people use more than just phone, right? Your whole life is managed. Right? So whole life or permanent life policies is not just a term, but a bunch of other stuff. You can use a lot more.

     

    Goran Ogar: [00:36:05] That's right. Now, what's very important to remember, the premiums for the whole life appear to be more expensive than the term insurance and I carefully use appear to be more expensive. The cost of insurance is actually pretty much the same. Term insurance ends up being even a little bit more expensive, about 5% more expensive, than a whole life insurance because the rest of the money, whatever is the difference in the premiums, so whole life being a higher than the term insurance in terms of premiums, the spread that's here is actually what's going toward your investment as a cash value eventually that could be used for the retirement or as a collateral what we discussed earlier. And so term only appears to be cheaper. But in reality they're more or less the same cost.

     

    Kevin Mailo: [00:37:02] You mentioned a number of strategies like capital gains stripping, whole life, family trust. Is this one after the other depending on net worth? At what net worth would these be applicable? So how do you deploy these? How do you put these together? Or do we need to sit down with someone like you, Goran, who says now's the time to do a trust, now's the time to do capital gains stripping, all that. How do we deploy all these strategies? Right?

     

    Goran Ogar: [00:37:29] I wouldn't say there is - how would I say - there is a rule at the net worth thresholds when you start applying these strategies. With the capital gains stripping, I would say income over $200 to $250,000. That's when you start with the capital gains stripping. With the whole life, you can start at about $150 to $200 or more. With the family trust, I would start looking probably at about $350,000 income. And then with the foundation, the foundation would come after that. So there are certain stages where a person would apply one strategy and then when they hit another threshold in income, then apply another strategy. Et cetera. And beside these four strategies, there are other strategies as well that depend on the net worth of the individual. There is always a potential for the offshore tax planning and stuff like that. So yes, to answer that, it depends on the net worth which strategies would be applied, at what stage in life. Does that answer the question?

     

    Kevin Mailo: [00:38:42] I think it's great.

     

    Speaker5: [00:38:43] Yes. Thank you.

     

    Goran Ogar: [00:38:44] You're welcome.

     

    Speaker6: [00:38:46] Sorry. I'm not sure if we got you.

     

    Goran Ogar: [00:38:49] Now we can hear you.

     

    Speaker6: [00:38:50] Oh, really? I've been typing for the last two minutes of my question there, so.

     

    Kevin Mailo: [00:38:55] No, no, no. Go, fire!

     

    Speaker6: [00:38:57] Okay. Thanks a lot. Like, you've been, like, really enlightening and helpful on really making the tie between the strategy and how it's used in corporations, because I did read about this, especially in the States, and I've asked locally and tend to only get like deer in the headlight looks from advisors. So it really sounds like you've known how to put this thing to use. It's a bit of like a personal scenario kind of question, but one way, well, there's really two questions. One way I saw potentially using this strategy is in 4 or 5 years we wanted to maybe do something like building a house. I understand there's a bit of like a build up to this, the whole life insurance before it starts paying its own premiums. I'd just be curious to see if you've ever used it this way so that essentially those loans can be taken out, taken out personally to do something like to pay for like a house build or a mortgage or something like that.

     

    Goran Ogar: [00:39:59] That's right, it could be. Yeah. So there is a strategy that we called immediate financing arrangement where you can set up a whole life policy and you can literally collateralize that immediately and get 100% of the premiums outside of the corporation as a personal loan immediately, pretty much. So whatever the amount of money is that you would need, structure the premiums for the whole life to be in that range and then you can borrow it outside of the corporation personally right away.

     

    Speaker6: [00:40:36] Wow. Okay. That sounds pretty powerful. And the second piece was like, is it ever too late to implement like working towards like a whole life? Let's say somebody had collected or done the RSP route for many years. Is there a way to to move things around or how would that work?

     

    Goran Ogar: [00:40:59] Yes, there is. Yes. Now, on the personal side, so this would be outside of the corporation, you see. As long as the person is comfortable using loans, what I've done in the past is I would set up an investment loan and I would pay the interest from the RRSPs. You see, because investor loan for the investment purpose, the interest that you pay on it is tax deductible. The income that you withdraw from the RSPs is taxable. So essentially you would be using RSP money to pay for the interest on a non RSP loan so they would neutralize each other from the tax perspective. That way you could freeze the RSP growth and slowly start transferring money into the non RSP vehicle with significantly better taxation than the RSPs down the road. So.

     

    Speaker6: [00:41:57] Okay. I think I'll have to like draw a chart to make that make sense to me. But I think I got what you're saying.

     

    Goran Ogar: [00:42:02] So again, you have RSP, you have a loan, and let's say RSP is, I'll just use round number for for the sake of illustration, the RSPs are $100,000. The loan is $100,000. Let's say the interest is 5%, which is $5,000 per year. You withdraw from the RRSPs $5,000 per year, which would trigger tax on the $5,000 per year. But the moment you pay the interest, the tax is neutralized because the interest on the loan for the investment purposes is tax deductible, you see. So you're feeding the loan, if you will, with the RSP money without triggering any tax.

     

    Kevin Mailo: [00:42:44] Wow. Wow. Absolutely. Wow. Goran.

     

    Speaker6: [00:42:52] Yeah, it's cool.

     

    Goran Ogar: [00:42:54] Does it make sense? Does it make sense now the way I explained?

     

    Kevin Mailo: [00:42:57] Yeah. Wow.

     

    Wing Lim: [00:43:01] Well, there's so much now to do.

     

    Kevin Mailo: [00:43:04] We got another question. Let's go. All right. We'll we'll find some way to cover all this later. Okay. About whole life insurance, as you mentioned, a few years ago the law changed. And this participant wrote in, I purchased one policy prior to that change in the law. But what was the change? Can you explain the change in whole life?

     

    Goran Ogar: [00:43:25] Yeah. So number one caveat. If you bought it before the change, your policy is grandfathered. So the old rules applied, which means what's in insurance industry called MTAR Room. So it's an acronym. But essentially what that is, it's the amount of money that you can invest inside whole life policy for the cash. So the government saw that that amount was being, let's call it abused, from their perspective or overly used. So they decided to reduce the amount of money that could be invested on an exempt basis inside the whole life policies. So that reduction was probably to the tune of about 30% that they cut it down. So back in 2016, you could put significantly more money as an investment portion inside the policy as you can right now. But there are ways to work around that as well. So there are not straightforward as it used to be before, but there are ways to increase that investment portion. So to answer your question, if you purchased yours prior to the changes, nothing would change to you. For people who did not buy it at that time but bought it in 2017 or later, the amount of money that they can invest inside the policy is significantly reduced then to your policy.

     

    Wing Lim: [00:44:59] All right, this is awesome. Now, so I'm aware of the time as well. Now, there was a comment earlier in the chat and that is, oh, this sounds so expensive. So can you go on all these strategies? What kind of cost and is it cost benefit ratio? How do you balance that?

     

    Goran Ogar: [00:45:17] Yeah, the reason I mentioned some of those thresholds is that proportionally to the income, so whatever strategy you implement in proportion to your income, it would be significantly cheaper to implement those strategies. Even if you need to pay a tax lawyer let's say $10,000 to set up one of those strategies for you, $10,000 in that strategy would probably save you $50, $60 or $100,000 in income tax. So it may sound expensive just to write a cheque, let's say, to a lawyer, but when you look at the tax that you would save, it ends up being actually more beneficial to pay a significantly smaller amount to the lawyer than to the government.

     

    Wing Lim: [00:46:08] So from personal experience, okay, so if you don't know anybody, you have no discount pipeline could cost you 35 K, but it saves you if you do $1 million pipeline suck out of your corp, you can save $375,000. So in that savings is 300 K so, right? I've done it twice. So there's always a cost and then a good advisor would help you work that through. Right. So if you only have so little pool, for example, you pull 50 K out, it's really not worth it. Right.

     

    Goran Ogar: [00:46:39] That's right. Yeah.

     

    Wing Lim: [00:46:40] Yeah. So. All right, good. Now, so this is, this is awesome. So now, so I don't want to drown everybody because this is already a whole lot of information. And I think the whole point is to expand your brain, right? I think our brain is like, what do you call it? The airbag driving. Once you decompress it, you need to shove it back and you can't. Right? So my brain, that happens multiple times. And so hopefully tonight that creates this decompression in your brain. This is a good place to wrap up.

     

    Kevin Mailo: [00:47:10] Yeah, I think that ought to cover it. And clearly, clearly we've got to get Goran back on for another webinar, for a podcast episode, because this was probably our longest by far and away because it was so good. We loved it. Wonderful. And I'm going to wrap up here before my busy six year old starts taking up all my time and and space. But again, Goran, we sincerely want to thank you for coming on today. It was absolutely outstanding and we're looking forward to having you at our national conference, uh, this May 6th and 7th.

     

    Goran Ogar: [00:47:46] Yeah. Looking forward.

     

    Wing Lim: [00:47:48] Thank you, Goran. Really appreciate your time and your wisdom.

     

    Goran Ogar: [00:47:50] Thank you, guys. Yeah.

     

    Wing Lim: [00:47:51] Thank you, everyone, for attending. Good to see you all.

     

    Kevin Mailo: [00:47:54] Thank you so much for listening to the Physician Empowerment Podcast. If you're ready to take those next steps in transforming your practice, finances or personal well-being, then come and join us at PhysEmpowerment.ca - P H Y S Empowerment dot ca - to learn more about how we can help. If today's episode resonated with you, I'd really appreciate it if you would share our podcast with a colleague or friend and head over to Apple Podcasts to give us a five star rating and review. If you've got feedback, questions or suggestions for future episode topics, we'd love to hear from you. If you want to join us and be interviewed and share some of your story, we'd absolutely love that as well. Please send me an email at KMailo at PhysEmpowerment.ca. Thank you again for listening. Bye.

     

    Donna Beatty, Frazier & Deeter, and Robert Stephens, CFO Navigator

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    Are You Overcomplicating Your Savings?

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    It's great to have lots of goals to work towards, but Garth Remington is here to tell you how having your savings fingers in too many pies could actually be losing you money.

    CREDITS

    Host: Rachel Corbett
    Contributor: Tax accountant Garth Remington
    Managing Producer: Elle Beattie
    Lead Producer: Edwina Stott
    Producer and Editor: Amy Kimball

    This episode of Small Change does not constitute financial advice or take into account individual circumstances. Always seek your own independent financial advice. 

    See omnystudio.com/listener for privacy information.

    Charging For Time vs Experience

    Charging For Time vs Experience

    As an entrepreneur, your pricing strategy is a primary factor in determining the success of your business. Your time, level of expertise, and infrastructure make you more efficient at what you do and your prices should reflect that. On this episode, we discuss how charging for the experience is a way to optimize your earnings while also allowing you to serve your clients better.

    We love hearing from our listeners! How’d you like this episode? Visit us on Instagram and let us know via DM or send us an email at podcasts@littlefishaccounting.com.

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    You're low on funds but not worried because you’re expecting some outstanding invoices to come in soon. Once they pay, you’ll back in the black to cover your bills and make payroll. The problem is the client has already paid, so that money isn’t coming….

    In this episode we walk through how to avoid this situation with proper bookkeeping, and why managing your accounts receivable accurately ensures for proper cash flow planning. 

    Find us on the web

    Subscribe to our newsletter to receive bi-weekly tips, guidance, and resources.

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    We'd love to hear from you! Send us your feedback and topic ideas to podcast@littlefishaccounting.com.

    What's in Your Cloud?

    What's in Your Cloud?

    *Updated version! As your business grows, it is important to ensure that all transactions are being properly tracked. In fact, businesses that use cloud accounting systems have five times more customers than businesses that don’t.

    Cloud accounting is the best way to go when it comes to managing your business because it allows you to track financial activity occurring within your business accounts without the headache of doing it manually.

    If you want to start managing your money with a cloud accounting system, we’ve got you covered! Sign up using our referral link: https://quickbooks.grsm.io/keilahilltrawick2068

    We love hearing from our listeners! How’d you like this episode? Visit us on Instagram and let us know via DM or send us an email at podcasts@littlefishaccounting.com.

    S-Corp Election 201: What the Heck is an S Corp, Part II

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    You may have heard that filing as an S Corp is a great way to structure your business, or that you need to set up an S Corp because you want favorable tax treatment. Find out in this episode if that’s true for your business.

    For those who want to know when to start thinking about an S Corp and where to begin, check out our podcast titled 𝐖𝐡𝐚𝐭 𝐭𝐡𝐞 𝐡𝐞𝐜𝐤 𝐢𝐬 𝐚𝐧 𝐒 - 𝐂𝐨𝐫𝐩? where we discuss what to do if you’re interested and how it will affect your taxes at the end of the year. 

    Find our socials:

    Website: www.littlefishaccounting.com

    Instagram: www.instagram.com/littlefishaccounting

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    GROW: Going Beyond The Numbers

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    If you’re doing our job, who’s doing your job? This week we discuss what’s in store for your businesses once you reach a phase of growth. This may be the point that you decide to enlist professional help.

     

    Some questions you should be considering:

    * What does an S-Corp tax status look like for my business?

    * How am I tracking against my budget?

    * How do I make sure my business is growing efficiently?

     

    If you’re ready to offload your accounting and taxes, our Virtual CFO service might be a good fit. Check out our website for more information!

     

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    We highly recommend transitioning to a cloud accounting software platform like Quickbooks to save you time and to prevent headaches during tax time.

    Connect With Us

    Online - www.littlefishaccounting.com

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    In this episode Keila breaks down changes we’ve made to the Little Fish Accounting business model to better serve entrepreneurs, including those who aren’t quite ready to sign up for service. Whether you’re just getting started, are working on actively building your business or are focusing on long-term growth, we’ve got something for everyone.  

     

    Connect With Us

    Online - www.littlefishaccounting.com

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    31: Year-End Tax Planning and Not Your Typical Tax Accountant: with Jessica Smith

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    Every tax season, do you scramble to update your books and remember all of your business deductions? Don’t worry, you’re not alone!
     
    In this episode, Lindsay and Ashlynn interview Jessica Smith, a Tax Accountant, and talk all about year-end planning, tips to save on your 2021 tax return, and some commonly missed deductions!
     
    Tax Savvy Jessica isn’t your typical tax accountant. She’s an Enrolled Agent with more than a decade of experience guiding 6-figure coaches and consultants through the world of accounting and taxes. And she’s a trailblazer in her industry!
     
     
     

    Marketplace Facilitators and How They Affect Your Business

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    Marketplace Facilitator Laws have been around for a few years and I can’t say that it's any less confusing now. I get a lot of questions, and have many conversations, about marketplace facilitator laws, and sometimes I get confused myself. We live in the age of information, thanks to the internet, and all this information can get complicated. I hope that in today’s episode I can make things less confusing.


    Additional Questions Answered:

    What is a marketplace facilitator?

    How does a marketplace facilitator give me sales tax nexus?

    What are marketplace facilitator laws?

    Can we expect all states will enact marketplace facilitator laws?

    Won’t it be easier once all marketplace facilitators collect all the sales tax in all the states for all third party sellers?

    If you would like to schedule a FREE consultation and see if a NEXT review is for you please fill out this quick FORM.

    What You Should Be Doing To Examine Your Sales Tax Footprint For 2020

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    2018 was a big year for sales tax. No one could have predicted that sales tax would have gone all the way to the supreme court. 2019 Saw some unprecedented amount of sales tax changes. We now have two separate forms of nexus, physical and economic, to worry about. I can’t and won’t try to predict what will happen in 2020 but I want to give you a few things to look at going into the new year to help you to determine your sales tax footprint and get you going in the right direction for 2020.

    Additional Questions Answered:

    Does it matter if my products are taxable or not to help determine whether or not to get registered for sales tax in a state?

    How do I know if my products are taxable?

    How do I know if I have physical nexus?

    How do I know if I have economic nexus?

    How do I know if I should register for sales tax in a state?

    How many states should I register for sales tax in?

    Should I do a voluntary disclosure agreement (VDA)?

    What can Peisner Johnson do?


    Top Ten Nexus Creating Activities

    If you would like to discuss your particular situation you can schedule your Free Call here: https://www.peisnerjohnson.com/whats-next/


    Dropshipping vs Marketplace Facilitator

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    I have received a few questions regarding this topic and apparently the information on the Internet makes it seem like Drop-shippers and Marketplace Facilitators are one in the same. With today’s episode I hope to make it a little easier to discern between the two.


    Additional Questions Answered: 


    What is drop-shipping?

    What is a Marketplace Facilitator?

    Do I need to register my business wherever my drop-shipper or marketplace facilitator has a location?

    Are print on demand services the same as a drop-shipper?

    What are the main differences between a drop-shipper and marketplace facilitator?


    If you would like to schedule a FREE consultation and see if a NEXT review is for you please fill out this quick FORM.

    Most Frequently Asked Questions About Sales Tax and Doing Business as an eCommerce Business

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    While all of the amazing advances in technology area make it easier to sell your items to customers in the US from all over the world, it can be frustrating trying to understand the tax laws you have to deal with. You would think that if you are doing business over the internet you should be able to find the answers you need on the internet. Unfortunately, you can find A LOT of contradicting information that will leave you frustrated and farther away from the right answer. We deal with sales tax 24/7… no joke. I hope to answer some of the most asked questions on today’s episode.


    Additional Questions Answered: 

    When should I register for sales tax in a state?

    What is nexus?

    What is physical nexus?

    What is economic nexus?

    Do I need to worry about physical nexus anymore?

    What are the state’s economic nexus thresholds thresholds?

    How can I know whether or not my product is even taxable?

    If I am selling using Amazon FBA do I need to register wherever they have a warehouse?



    If there are any questions that you have that weren’t covered here please email at
    ryanj@peisnerjohnson.com

    If you would like to schedule a FREE consultation and see if a NEXT review is for you please fill out this quick FORM.

    If you prefer to watch this episode go HERE.

    The Complicated Case of Subscription Products

    The Complicated Case of Subscription Products

    Have you ever purchased a subscription for clothes or maybe you subscribed for monthly snack packages? If not these few there are a wide range of items from cosmetics, toys, and shaving products. Have you ever wondered how sales taxes are collected on items like that? Or wonder if those items are even taxable? Let's be honest you probably aren’t like me and check whether or not sales tax was charged on all of my online purchases so it's probably safe to say it has never crossed your mind. Though if you are selling items like this it should be on your mind. Sales tax collection can get complicated when it comes to the taxability of your products.


    Additional Questions Answered:

    What is a subscription product service?

    How are the items in the boxes taxed?

    What if you pay the annual fee for a discount?

    What if you are paying monthly for a group membership?

    What if with the group membership they send me quarterly free items?

    Do I need exemption certificates?

    How do I know whether or not my products are taxable?


    Visit our WEBSITE to find out more about the WAYFAIR and what you should do NEXT.

    If you would like to learn even more you can attend our Webinar, "Nexus and What To Do About It." 

    Set an appointment to discuss your Nexus Situation you can schedule a call with us HERE.

    Just When You Thought You Were Up to Speed with the New Economic Nexus Laws, States Start Changing Them Up….

    Just When You Thought You Were Up to Speed with the New Economic Nexus Laws, States Start Changing Them Up….

    It has been over a year now that the South Dakota v Wayfair Supreme Court decision has been issued and almost all of the states now have economic nexus laws on their books. Most of these laws have become effective over the last year. You may be thinking to yourself that everything is probably calming down and you have less to keep track of. Think again! Many states have already changed their laws, some changes may benefit you, but most benefit the state! Find out today some of the significant changes and how they affect you.

    Additional Questions Answered:

    • Can I avoid registering for sales tax in a state?
    • Will there ever be sales tax stability amongst all the states?
    • What do I do next now that I have sales tax nexus?
    • Am I double-paying sales tax?
    • Do the sales tax economic nexus thresholds change?
    • What states have made changes to their economic nexus thresholds?
    • Will marketplace facilitator laws replace economic nexus laws?
    • Will these new economic nexus law changes be good for me or affect me poorly?
    • Will any new laws remove the transactional economic nexus thresholds?
    • Will states drop economic nexus laws altogether?

    If you have any additional questions you can reach me at ryanj@peisnerjohnson.com

    If you would like to schedule a FREE consultation, fill out this FORM.

    Not Every Amnesty Program is Created Equal

    Not Every Amnesty Program is Created Equal

    After the US Supreme Court’s decision on Wayfair a lot of states were quick to enact economic nexus laws to capitalize on the potential sales tax revenue from remote sellers. Along with these new economic nexus laws some states have also introduced some amnesty programs to provide some incentive for remote businesses to voluntarily register in their states. Not all amnesty programs provide true amnesty. Listen in as Jason and Dan discuss the different available programs and whether or not they are worth taking advantage of.


    Additional Questions Answered:

    • What are amnesty programs?
    • Can I handle applying for the amnesty programs on my own?
    • Is an amnesty program the same as a VDA?
    • How can I know if an amnesty program will work for me?
    • What states are currently offering amnesty programs?
    • Do these amnesty programs really provide true amnesty?

    If you or your client would like to see if they qualify for an Amnesty program you can schedule a FREE call with us HERE.

    If you just have a question you can email me at ryanj@peisnerjohnson.com

    As a SaaS Provider What are My Sales Tax Obligations?

    As a SaaS Provider What are My Sales Tax Obligations?

    As a business owner, you want your business to grow and to expand into new states. Often what happens is in the haste to expand you forget that your product or service may have different taxability rules in the new state you are expanding into. We got a question recently from a SaaS provider and they are being proactive in making sure that they are compliant while they are now doing business in new states. They want to know what their sales tax obligations are going forward in these new states. Listen in as Jason and Dan discuss the sales tax complexities of SaaS providers.


    Additional Questions Answered:

    • Is SaaS taxable?
    • Are installation, training, and implementations taxable?
    • Are services typically taxable?
    • Is SaaS taxed differently than normal software?
    • Does it matter which method the software is delivered?
    • How does SaaS give me nexus?
    • How does Texas tax SaaS?
    • How does California tax SaaS?
    • How do I protect myself if I have some sales tax exposure?
    • How can I mitigate my potential sales tax exposure?


    Do you feel that you have a similar question or situation? please contact me ryanj@peisnerjohnson.com

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