My name is Mark Goodfield. Welcome to The Blunt Bean Counter ™, a blog that shares my thoughts on income taxes, finance and the psychology of money. I am a Chartered Professional Accountant. This blog is meant for everyone, but in particular for high net worth individuals and owners of private corporations. My posts are blunt, opinionated and even have a twist of humour/sarcasm. You've been warned. Please note the blog posts are time sensitive and subject to changes in legislation or law.

Monday, February 10, 2014

How Much Money do I Need to Retire? Heck if I Know or Anyone Else Does! - Part 3

Last week in Parts One and Two of this series, you read about the commonly accepted 4% withdrawal rule. This rule of thumb suggests that if you have an equally balanced portfolio of stocks and bonds, you should be able to withdraw 4% of your retirement savings each year adjusted for inflation and those savings should last 30-35 years. Today, I consider an alternative point of view, and then review modern studies and reports on how the 4% withdrawal rule is viewed in the context of market returns over the last decade.

Set Retirement Withdrawal Rates Should Never be Used!


If you agree with Moshe Milevsky’s opinion (see his quote in Part 1) that any rule that starts with a set withdrawal rate, whether 4% or 3%, is a horrible rule, then you should just read to the end of this section and click the exit button (however, please come back for Parts 5 and 6). From what I can gather, Mr. Milevsky and many other retirement experts do not like the 4% rule because it uses a constant spending amount and does not adjust to your evolving level of wealth. By shunning a set withdrawal rate, retirees may avoid spending shortfalls where their investments underperform and will not accumulate surpluses when they outperform the market. My interpretation is that Mr. Milevsky feels you should spread your economic resources over your entire life and that your spending rate and retirement withdrawal number should not be fixed to an arbitrary level, but that your spending rate should depend upon your personal preferences and your views on longevity risks.

Mr. Milevsky may be critical of a set withdrawal rate, but he does not just point out the flaws and walk away. In his book The 7 Most Important Equations for your Retirement he provides a unique set of mathematical equations to determine your retirement needs.

These equations allow you to determine amongst other retirement issues, how long your nest egg will last, what is your suitable spending amount, and in his final chapter he helps you determine if your current plan is sustainable.

I found this book innovative and as entertaining as a math book could be (Moshe uses seven historically famous people to introduce his equations). However, to be honest, I had challenges with the math, especially the final equation in Chapter 7. You may want the math wiz in the family to assist you with your calculations. I would suggest at minimum, you use Moshe’s equations to back-test whatever retirement nest egg and spending rates you arrive at.

Michael James


Before I move onto the modern safe withdrawal rate studies, I have to give a shout out to Michael James, a fellow Canadian personal finance blogger who created his own strategy, which includes holding five years of savings in a savings investment account. His "Magic Number" calculator is here. The background to his calculator is discussed in his blog post titled "A Retirement Income Strategy" and in this second post on the topic.

Modern Studies and Reports


The Bengen and Trinity studies, from which the 4% withdrawal rule originated, utilized stock market data from 1926 to 1976 and 1926 to 1995 respectively. Many commentators feel this historical data is no longer applicable in today’s world.

To help you determine if 4% is a safe withdrawal rate for you (with the limitations I noted in my first post), I’ve summarized below several current studies and reports on this topic. Some of the studies/reports continue to condone the 4% withdrawal rate or are at least accepting of using a 4% withdrawal rate as a starting point. Others feel it is excessive and if you withdraw 4%, you will be eating cat food at some point in your retirement.

If you are like me, you will probably be overwhelmed by these reports, their arguments and their data. Although you will never achieve certainty, your withdrawal percentage is the vital wildcard in trying to estimate your retirement nest egg and, you must draw a line in the sand using a percentage within your comfort zone, assuming you believe in a constant withdrawal rate strategy or a variation of the strategy.

The Studies that suggest a 4% withdrawal is still a Good Starting Point.

 

What Charles Schwab has to Say


In this report by Rob Williams, Director of Income Planning for Schwab Center for Financial Research says that Schwab suggests “the 4% rule as a starting point for planning purposes. Then, it's important to stay flexible as you spend in retirement”.

However, the report goes on to say that “Based on Schwab's current expectations for market returns over the next 30 years, we calculate a 3% spending rate to begin retirement may be more appropriate—if you want to follow a rigid rule for spending, and have a high degree of confidence that your money will last.”

What Vanguard has to Say


In this excellent report, one of several Vanguard has written over the years, the report states:

“For the majority of years from 1926 through 2011, the yield or income returns on a 50% stock/ 50% bond portfolio exceeded 4%. Over the last several decades, however, the yield for such a balanced portfolio has
been steadily decreasing. At its peak, in 1982, the portfolio’s average yield was 10.6%; by year-end 2011, the yield had dropped to 2.8%.” Yet, Vanguard says that a 4% withdrawal rate is still a reasonable starting point.

The report goes on to say:

“Specifically, Vanguard’s market and economic outlook indicates that the average annualized returns on a balanced 50% equity/50% bond portfolio for the decade ending 2021 are expected to center in the 3.0%–4.5% real-return range (Davis and Aliaga-Díaz, 2012). Although this level is moderately below the actual average real return of 5.0% for the same portfolio since 1926, it potentially offers support for the continued feasibility of a 4% inflation-adjusted withdrawal program as a starting point for balanced investors.”

Vanguard also has an excellent report on alternative spending strategies for those who are concerned that the constant 4% plus inflation adjusted amount in the rule of thumb may result in excessive withdrawals in poor performing markets. I discuss that report tomorrow.

What David Aston has to Say


David Aston, a certified management accountant and contributing editor to MoneySense magazine, wrote an article for the September/October 2012 issued titled “Make your nest egg last”. In that article he says that if you want to stick with the 4% rule, there are four strategies to limit the risk. They are as follows:

1. Cut withdrawals if you suffer losses. “Bengen encourages retirees to keep an eye on their ‘current withdrawal rate,’ which is the annual drawdown as a percentage of a portfolio’s value today (as opposed to its initial value at the time of retirement). As a guideline he suggests cutting back if you exceed the following current withdrawal rates: 5.6% at age 65; 5.9% at age 70; 6.25% at age 75; and 7.5% at age 80.”

2. Use your home equity for backup

David feels you should exclude the value of your home from your initial retirement nest egg. You can always tap the equity as back-up in case your investment returns are not what you expect. I suggest this could be at least partially problematic for many retirees who plan to downsize to fund their retirement.

 3. Add annuities to the mix. David states that many experts suggest that age 70 is the sweet spot for purchasing an annuity. He notes that most annuities will pay nothing to your estate; they expire upon your death or the last spouse to die if you own a joint annuity. Many of the articles I read suggest that you consider annuities as a component part of your retirement. Moshe Milevsky in his book Pensionize Your Nest Egg is very keen on using annuities and other products to ensure you do not outlive your money, where you do not have a substantial pension in retirement.

4. Invest conservatively—This is self-explanatory.

On Wednesday, I will review comments made and studies undertaken by retirement experts that feel the 4% withdrawal rate is excessive.

The blogs posted on The Blunt Bean Counter provide information of a general nature. These posts should not be considered specific advice; as each reader's personal financial situation is unique and fact specific. Please contact a professional advisor prior to implementing or acting upon any of the information contained in one of the blogs. Please note the blog post is time sensitive and subject to changes in legislation or law.

Wednesday, February 5, 2014

How Much Money do I Need to Retire? Heck if I Know or Anyone Else Does! - Part 2

On Monday I introduced the 4% rule, the most commonly accepted rule of thumb retirement strategy. Today I discuss the guideline and its development in greater detail. As noted in part 1, Moshe Milevsky and other retirement experts feel the rule is misleading and a terrible rule. I hope by the time you finish reading this series you will have your own opinion on the 4% rule; whether that opinion is similar to Mr. Milevsky’s or whether you feel the rule has practical application for you, as a starting point for your
retirement calculations.

Conventional Wisdom – The 4% Withdrawal Rate


The 4% rule is a planning guideline for a sustainable rate of spending over a 30 year retirement. Years ago a brilliant financial planner by the name of William P. Bengen (an MIT graduate in Aeronautical Engineering) got tired of being asked how much money his clients needed to retire, so he initiated a study that basically concluded that if you retire with a diversified portfolio split 50/50 between bonds and stocks, you will be able to safely withdraw 4% of the initial balance, plus an inflation adjusted amount for the next 33 years and quite possibly as long as 50 years.

For example, if you have $800,000 when you retire, under the 4% withdrawal rate you can take out $32,000 the first year. If inflation is 2%, your second year withdrawal amount will be $32,640 ($32,000 + 2% x $32,000). If inflation is 1.5% in your third year, your withdrawal will be $33,130 ($32,640 x1.015%) and so on. It is important to note, this is not a percentage of portfolio withdrawal method where you take the ending balance at the end of each year and draw 4%; but is a consistent withdrawal amount based on your original nest egg adjusted for inflation each year, which some experts find distasteful.

If you wish to read Mr. Bengen’s initial paper, here is a link to his October, 1994 paper in the Journal of Financial Planning. It should be noted that in a subsequent study, Mr. Bengen added U.S. small-company stocks to the mix, which increased the portfolio's volatility and potential return. To adjust for this, he revised the withdrawal rule to 4.5%. However, I will continue to use the more conservative 4% withdrawal amount for discussion purposes.

So what does Bengen say today, with our historically low interest rates? In this MarketWatch article by Glenn Ruffenach, the author says “Bengen has never claimed that his findings are right for every retiree. Indeed, he thinks some of the latest research about market valuations is terrific."
                                                                                
Ruffenach goes on to say “He told me recently that he  started with a specific set of assumptions: a retirement lasting 30 years, with savings in a tax-deferred account and nothing left for heirs. Change just one of those parameters, he says, and your "safe" withdrawal rate may differ. Still, Bengen notes, 4% remains a prudent jumping-off point for calculating withdrawal rates from nest eggs. Just keep your plan open to some adjustments.”

In this 2012 paper written by Mr. Bengen, he discusses some contingency planning, which includes potentially reducing spending and increasing income.

Mr. Bengen did not provide a detailed summary of the market returns he used in his calculations, although he provided some returns for certain extrapolated years (10.3% for stocks, 5.2% for bonds and 3% inflation ). However, in this article by Joanna Pratt, she suggests that the 4% spending assumptions are based on a 9.2% stock return, 6.85% bond return and an inflation rate of 3%.

The Trinity Study – Support for the 4% Withdrawal Rate


A subsequent study, known as the Trinity Study by Philip L. Cooley, Carl M. Hubbard and Daniel T. Walz supports Bergen’s assertions. Some critics say this study supports Bengen because they use the same flawed data. Their 1998 paper can be found here

The Cooley, Hubbard and Walz study produced a number of conclusions, including:
  • Early retirees who anticipate long payout periods should plan on lower withdrawal rates.
  • Bonds in the portfolio increase the success rate for low to mid-level withdrawal rates, but most retirees would benefit from allocating at least 50% to common stocks.
  • For stock-denominated portfolios, withdrawal rates of 3 to 4 percent represent exceedingly conservative behaviour and will likely leave large estates.
The authors comment that if history is any guide for the future, then withdrawal rates of 3-4% are extremely unlikely to exhaust any portfolio of bonds and stock (in almost any combination).

But what happens to your retirement planning if stock market history does not repeat itself? Poor stock market returns for the last few years (until last year), countries defaulting or close to defaulting, historically low interest rates and tough economic times have caused some pundits to say we are in different times and the 4% rule is outdated, as it only captures periods of great prosperity. In part three of this series, which I will post next Monday, I discuss Moshe Milevsky’s unique retirement calculations and then the various modern studies and reports on what is the proper withdrawal rate upon retirement.

The blogs posted on The Blunt Bean Counter provide information of a general nature. These posts should not be considered specific advice; as each reader's personal financial situation is unique and fact specific. Please contact a professional advisor prior to implementing or acting upon any of the information contained in one of the blogs. Please note the blog post is time sensitive and subject to changes in legislation or law.

Monday, February 3, 2014

How Much Money do I Need to Retire? Heck if I Know or Anyone Else Does! - Part 1


Let’s be honest. No one knows how much money they really need to retire. My own attempt to quantify my “retirement number” results in a range of hundreds of thousands of dollars. Unless you fancy yourself a two-headed economist/soothsayer, you can only plan based on historical investment returns, anticipated spending requirements and assumed inflation rates. That does not even account for wild cards such as your longevity and the random sequence of returns you will get from the stock market. The best laid retirement plans of mice and men can often go awry… when bam -- you get a sudden economic shock or stock market aberration and your retirement plan becomes as worthless as the paper you wrote it on (those of a cynical nature have be known to say; all any retirement plan proves is ink sticks to paper).

I’ve been pondering this question for over a year as I have attempted to figure out the nest egg I need to fund my own retirement. My final conclusion: the financial and economic variables you need to consider to even attempt to answer this question are staggering (I detail these in Part 5 of this series) and I will never come to a definitive answer. This realization is actually liberating yet frightening. Liberating as I realize the best I can do is to create a plan that is based on a framework of historical data, actual data and my best guess estimates. Frightful in the sense that I may not know until it’s too late if I have grievously miscalculated my retirement needs. While going through this nest egg building process, I made some notes and read various papers. I soon realized I had a blog post in the making; in fact a six- part series that I will post throughout February.

For some, this series may be far to detailed. For others, these posts will provide food for thought. For the mathematicians and academics out there, the discussion will not be “academic” enough (although the problem with many academic papers is that only the author and other retirement/mathematical experts understand what the heck they are proposing). However, in all cases, despite the difficulty I see in making a definitive determination of how much money you or I need to retire, burying your head in the sand and ignoring the issue is not an option. It is imperative you try and at least get a ballpark number for planning purposes and continuously refine that number over time. I hope this series of blog posts will provide you the impetus to plan for your own retirement if you have not yet done so.

So where does one start? The 4% withdrawal rule is one of the most commonly accepted rule of thumb retirement strategies. Simply put, the rule says that if you have an equally balanced portfolio of stocks and bonds, you should be able to withdraw 4% of your retirement savings each year, adjusted for inflation, and those savings will last for 30-35 years.
If you embrace this rule of thumb, then in theory you should be able to determine how much money you need at retirement by working backwards. Unfortunately, as I will discuss, it is not quite that simple. The 4% withdrawal rule has some inherent flaws which I discuss below and therefore should only be used as part of your retirement framework to provide you an idea of what would be a sustainable nest egg.

Whether the withdrawal percentage is reduced from 4% to 2%, or you modify the formula, everyone is still searching for the holy grail of retirement planning, that being, what is your safe withdrawal rate? I.e.: How much money can you safely withdraw from your nest egg each year and not run out of money before you pass away.

Some retirement experts feel the search for a safe constant withdrawal rate is a foolhardy. In this Toronto Star article, Moshe A. Milevsky, a well-respected finance professor at the Schulich School of Business at York University says the following:

“If the rule means that you start by withdrawing 4 per cent of the value of the portfolio at retirement — and then adjust that by inflation every year regardless of how markets perform over time, then it is a horrible rule of thumb. The spending rate over time should depend on the markets, interest rates, how your portfolio is performing and your attitude to longevity risk. You cannot pick a rule at the age of 65 [and say] that is how you will behave over the next 30 years.”

Mr. Milevsky has some very interesting original thoughts on retirement that I discuss in the third part of this series. In fact, if you agree with his views, I tell you to exit the series at that point and return for Parts 5 & 6. Notwithstanding his comments (which I believe have validity), because of the simplicity of the calculation, many people and Financial Institutions still feel the 4% rule is an excellent starting point in the determination of your retirement nest egg if you understand its limitations and flaws. I agree that this rule is simple to apply and understand and thus over the next few posts, I will discuss various studies and papers that deal with the determination of a safe withdrawal rate and whether 4% is a safe withdrawal rate in this day and age. Finally, I will discuss variations of the rule put forth by retirement experts to adjust/correct for the perceived/flaws of the rule of thumb.

Limitations of the 4% Rule


Some of the criticisms of the 4% model include:

1. The model does not account for income taxes on non-registered accounts and registered accounts. Michael Nairne in this National Post article descriptively calls the deferred tax liability on registered accounts
the “Dark Side” of RRSP’s.

2. The model does not account for transaction fees or management fees related to your investments.

3. The model treats everyone exactly the same.

4. The data for the model was based on only historical U.S.stock data and does not include foreign equity data.

5. The model builds in an inflation adjustment; however, some commentators feel the cumulative inflation adjustment may force you to take larger and larger withdrawals.

A Tax Centric Variation on the 4% Withdrawal Rule


As result of the omissions above, especially the income tax component, I created a very crude tax centric variation of the 4% rule to provide an alternative comparison to some of the other retirement formulas I discuss in Part 6. (Please note I said crude and tax centric. When I posted last Monday I was going to run this series, I got various comments on the blog and to my inbox that people were excited to see what I came up with and did I use a Monte Carlo simulation etc. I do not have the qualifications, let alone the time, to run statistical simulations to come up with a unique formula that like every other formula will be flawed because of the unquantifiable variables that must be considered in determining your retirement number).

Now that I have dampened your expectations for my crude variation, I simply determined my spending requirements in retirement and subtracted from my spending requirement, my estimated sources of income outside of retirement (Old Age Security, CPP etc.) which results in a retirement withdrawal shortfall.

Here is where my calculation gets tax centric. I first calculate the income tax owing on my total estimated retirement income. This tax liability causes my retirement shortfall to increase. The next calculation is a bit circular, but I then come up with a revised withdrawal amount that after-tax covers my anticipated spending shortfall.

I then divide my required retirement after tax withdrawal above by 4% (3% for a conservative approach) which tells me how much money outside of any CPP, OAS or company pension (which I don’t have) I need to accumulate for retirement. When I post actual numbers in part 6 this will be much easier to follow and make a little more sense.

This crude estimate will give mathematicians heart palpitations. I know this tax centric variation does not address multiple issues, but bear with me until you see where I go with this in Part 6.

In no way should you rely on this framework as the sole determinant for your own retirement planning. However, as you will see in my last blog post, this number is not that far off from what I get when I have a financial planner use his software to provide me with “a number” and the number I get when I compare to some other calculations suggested by retirement experts.

I feel like a Lawyer with all these Caveats


One last final caveat before I discuss some data and analysis. Please be aware that I am not a retirement expert, financial planner, mathematician (I dropped statistics in University), or a psychic and understand this series should not be construed as specific personal retirement planning advice. The intention of this series is to:
  • summarize prior research (the information is overwhelming and the arguments made by some brilliant people, hard to disprove)
  •  assist you in determining your safe withdrawal rate percentage or provide you with an alternative method to the constant withdrawal methodology
  •  provide links to the articles I read
  •  share my thought processes in trying to determine my own retirement needs
Hopefully all this will provide you with a launching point to help you consider what may be a reasonable retirement nest egg and/or a reasonable spending amount for your retirement.

On Wednesday I discuss the history of the 4% withdrawal rate rule of thumb in greater detail.

The blogs posted on The Blunt Bean Counter provide information of a general nature. These posts should not be considered specific advice; as each reader's personal financial situation is unique and fact specific. Please contact a professional advisor prior to implementing or acting upon any of the information contained in one of the blogs. Please note the blog post is time sensitive and subject to changes in legislation or law.

Monday, January 27, 2014

How Much Money do I Need to Retire? Heck if I Know or Anyone Else Does!

I will not be posting a blog this week. I am spending my time editing a six-part series which I will post during the month of February. This is a bit of an experiment – an entire month examining one topic.

The six-part series deals with retirement rules of thumb, studies and papers on the topic by various retirement experts, issues to consider and finally, some calculations to come to a "number". I am not sure if this is going to be one of my best blog series or my worst. I will leave that determination to you. The initial feedback on my drafts has been very positive; if not that the series is overly ambitious.

The premise of this series came about as I started trying to determine how much money I needed to retire and I was having trouble coming up with a number. Fortunately for you… or unfortunately, during the Christmas time ice storm in Toronto, the power was out at the office and I was stranded at home. With my two now very independent children home for the holidays, and my in-laws moving in (they had no power), I retreated to my computer and decided to detail my thought process on the various papers and studies I have reviewed on this subject. 

I determined most experts in retirement planning are very good at telling you about all the flaws and variables not considered by the current retirement withdrawal rule of thumb, but they provide limited assistance in trying to come up with a number that at least forms the basis of your future planning. Even though we know that number will not be definitive, we are programmed to need a number. 

In the end, I created my own crude and admittedly tax centric model that I compare to other models and methods to determine that ever elusive "magic number". You will have to wait until Part 6 of the series for that revelation. Hopefully you are still reading at that point. See you next week for Part 1.

Monday, January 20, 2014

New Will Provisions for the 21st Century – Reproductive Assets

In my wildest dreams, I would never have imagined ten years ago I would be posting a blog on how you address reproductive assets in your will. Yet today, I have a guest post by Katy Basi on this topic. This is Katy’s third post in this series on New Will Provisions for the 21st Century.

Her first post in the series dealt with how you handle RESPs in your will and her second post discussed will provisions related to Digital Assets.

I thank Katy for this very informative and enlightening series. I have received excellent feedback on all of Katy’s posts.

Does your Will address your Reproductive Assets?

By Katy Basi

“My what?” you may ask. Do you have sperm/ova/embryos in a clinic somewhere? Have you banked cord blood for your child? (Okay, cord blood isn’t really a “reproductive asset” but I’m throwing it in as a two for one promotion). If so, what are your intentions with respect to these “assets” in the event of your death, and does your will tell your executor what these intentions are? If reproductive technologies were involved in creating your children or grandchildren, does your will adequately define “child” and “issue”?

Medical technology is able to leap tall buildings in a single bound these days, and estates law is hard pressed to keep up. For example, the drafting of most wills implicitly assumes that your ability to have children dies when you do, but medical reality tells a different story. If your DNA is banked in any form, your ability to reproduce may long outlive you, potentially creating “after-born children”. (In one of the few instances of the Canadian legal system addressing these issues, your written consent is required in certain cases for the use of your reproductive assets (see the Assisted Human Reproduction Act)). 

You may be able to have your estates lawyer deal with the possibility of after-born children in drafting your will, or you may have no reproductive assets banked and therefore not be very worried about this issue. If you fall in the latter camp, consider whether part or all of your estate may be inherited by your grandchildren. For example, if your son Clark predeceases you having his own children, should a grandchild conceived by your daughter-in-law after your death, using Clark’s banked sperm, be included or excluded from your estate?

Regardless of the after-born children consideration, what should happen to any sperm/ova/embryos banked in a clinic upon the death of the donor? The contract signed with the clinic in question may provide an answer, e.g. the donor may have given the clinic permission to donate or destruct these materials upon his or her death. Otherwise, does the residuary beneficiary inherit these materials? Is an embryo even capable of being inherited, i.e. is it property? Ideally these issues should be dealt with before the death of the donor, while his or her intentions can still be ascertained.

Clearly we are just starting to address this somewhat murky area of estates law. In my practice, reproductive assets currently come into play in three additional areas:

1) Parents have banked cord blood for their child. I often include a provision in the parents’ wills (i) directing the trustee of their child’s trust to continue paying storage fees for the cord blood until the child reaches a certain age, and (ii) instructing the trustee to transfer ownership of the cord blood to the child once he or she attains that age. We do not yet know the limitations of cord blood, and it may end up being the most valuable asset in your estate if a member of your family has certain medical issues (yes, potentially more powerful than a locomotive….)

2) A couple with fertility issues has found a surrogate or gestational carrier. There is usually a surrogacy contract in this scenario, and the contract often requires the couple to have properly executed wills providing for the child that may result from the surrogacy. This requirement can lead to last minute, faster than a speeding bullet wills, which may not be as carefully drafted as they need to be under these circumstances (see #3 below). Expert advice is strongly recommended!

3) A client has a child (or is planning to) where the child is not biologically related to the client, and the child has not yet been adopted by the client. Careful drafting of the client’s will is required to ensure that the child will inherit regardless of the status of any planned adoption. Often a will refers to “my child” generically, without naming the child, either because the child is not yet born, or the client intends to have additional children and does not want to revise his/her will immediately upon the birth of the next child. If not specifically defined in the will, “my child” refers to a person’s child by blood or adoption. If a client has not yet adopted a child, and is not related by blood to the child (e.g. a donor was used), a broader definition of “child” needs to be included in the client’s will. Conversely, if a client has donated reproductive material (e.g. sperm or eggs), his or her will should be carefully drafted to exclude any children related to the client only by virtue of this donation. (While other provinces have legislation clarifying that sperm and egg donors are not parents, Ontario currently does not.)

Clients who have been involved with reproductive technologies have often been through significant stress and, in some cases, heartbreak. Reproductive technologies are incredibly costly, so credit cards are maxed out and wills and estate planning are very low down the priority list. Once the time comes to address your estate plan, alert your lawyer to these issues if they pertain to you – protect that child you worked so hard for!

Katy Basi is a barrister and solicitor with her own practice, focusing on wills, trusts, estate planning, estate administration and income tax law. Katy practiced income tax law for many years with a large Toronto law firm, and therefore considers the income tax and probate tax implications of her clients' decisions. Please feel free to contact her directly at (905) 237-9299, or by email at katy@katybasi.com. More articles by Katy can be found at her website, katybasi.com.

The above blog post is for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Readers are advised to seek specific legal advice regarding any specific legal issues.

Monday, January 13, 2014

Golf – The Business, Social and Income Tax Aspects

I have had enough with winter! So I thought a great way to take our minds off ice storms and cold weather would be to talk golf. Readers of my blog know that I am a golfer. Of all the sports I have played, golf has been far and away the most difficult to master. However, the beauty of golf is that you do not have to be a scratch golfer to enjoy the game and the social aspect is by far the most enjoyable of any sport (especially for trash talkers like me). When you have some semblance of a golf game and some degree of social skills, various studies
Pebble Beach
suggest golf is an excellent business tool.

Today, I will look at the various studies and articles out there examining whether or not playing golf can increase one’s wealth (because of the business conducted on the course and the business connections made) and since this is a tax blog, review the income tax implications of the costs associated with playing the game.

The Perception vs. the Reality


Many people perceive golf as a rich man’s sport or a game for the elite, yet the lineups at public courses suggest otherwise. According to the National Golf Foundation, only 10% of the 26 million golfers in the USA belong to private clubs. Thus, golf may be a way to climb the social and monetary ladder even if you do not belong to a private club. Melissa Leong of the National Post suggests golf may help if you plan on raising you child to be a CEO.

Golf and Remuneration


There has only been one definitive study of the correlation between golf and increased wealth. This study called “Illusory correlation in the remuneration of chief executive officers: It pays to play golf, and well” was authored by Gueorgui Kolev and Robin Hogarth of the University of Pompeu Fabra in Spain. Although the study relates to CEO's, I assume it would translate down the corporate ladder.

In the abstract to the paper, the authors state; “although we find no relation between handicap and corporate performance, we do find a relation between handicap and CEO compensation. In short golfers earn more than non-golfers and pay increases with golfing ability”. The paper quantifies the “golfer’s advantage” by stating “CEO’s who are not regular golf players receive about 17% less in total ex-ante compensation.”

Predator Ridge
The authors argue that golfing ability confers an intangible “halo” effect on the CEO. They state “the presence of the illusory belief that golf playing abilities correlate with shareholder value maximization abilities prompts the relevant decision makers to confer higher pay on CEO’s who are good golfers”. Mr. Hogarth and Mr. Kolev say remuneration decisions “involve a host of tangible and intangible measures ranging from concrete indicators of past performance to the observation of ‘soft’ social skills and even physical appearance. (Blogger note: There have been studies that taller CEO’s also make more money.) Moreover, in the USA golf clubs provide locations in which the relevant actors socialize and can judge each other on a variety of dimensions. In this milieu, then, we suspect that being a good golfer is a positive attribute, generating its own ‘halo’ effect.”

Building Relationships and Making the Deal


Josh Sens in a Golf.com article entitled The 8 Rules of Business Golf says “Golf isn't merely a leisure sport. It's the martini lunch of the modern workforce, the buoyant venue where business gets done”. I think Josh may be a bit enthusiastic, but clearly his point is that the golf course is a great place to get business done. He does suggest you do not talk business before the 5th hole or after the 15th hole.

According to Golf Digest, Jim Crane the current owner of the Houston Astros baseball team had the lowest handicap of any CEO in 2005. In discussing the business opportunities the game provides, Crane said that “nowadays, most of his golf is business-related" and "if you can't close in four hours, you can't sell."
Comic by Andrew Grossman

For those interested in refining their skill at closing a deal on the golf course, this Forbes article provides 19 tips from business golf experts.

Golf May Be Good for Business, but the CRA Does Not Care


As I will detail below, notwithstanding the many deals that originate or are consummated on the golf course, the CRA is not very keen on providing income tax benefits. I wondered why the CRA held this point of view, until I found these comments by Jamie Golombek, Managing Director, Tax and Estate Planning of CIBC Private Wealth Management who wrote the following in the National Post in his May, 2011 article titled,  "Tax law takes 9 iron to golf deductions".                

Jamie notes that the Department of Finance in 1996 said the limitation on the deductibility of golf is “designed to ensure that businesses assume their fair share of the tax burden and to prevent ordinary taxpayers from subsidizing the deduction by businesses of entertainment expenses that are altogether discretionary.” The CRA is of the view that the direct business purposes of golf is "accessory or subordinate to the recreational or personal nature of the..golf activity".

If there is one expense my clients are incredulous about, it is golf related expenses. They cannot believe the restrictions the Income Tax Act places on various golf related expenditures. I detail these restrictions below:

Green Fees and Club Rentals


Expenses incurred for green fees and golf equipment rentals are not deductible under subparagraph
The BBC in his Rickie Fowler attire at Predator Ridge
18(1)(l)(i) of the Act.

Membership Fees and Dues


Subparagraph 18(1)(l)(ii) prohibits the deduction of all membership fees or dues (whether initiation fees or otherwise) in any club whose main purposes is to provide dining, recreational or sporting facilities for its members.

Meals


At one time, the CRA did not allow you to deduct meals at a golf club if they were part and parcel of your golf game, but allowed meals if you were not there to golf, but for a business purpose. That ridiculous rule was, for obvious reasons, later changed.

The current rule is; where there is a business purpose with respect to a meal, reasonable amounts expended for meals and beverages consumed at a golf club are deductible, subject to the 50% limitation in section 67.1 of the Act. As with all meal and entertainment expenses, you should note on the back of the receipt who you took for lunch, dinner or drinks.

As discussed above, there is no dispute that playing golf can lead to increased business sales and increased remuneration. However, the CRA clearly wants you to golf on your own dime – notwithstanding the fact that golf may actually be one of the greatest generators of business and business leads within certain industries.

The blogs posted on The Blunt Bean Counter provide information of a general nature. These posts should not be considered specific advice; as each reader's personal financial situation is unique and fact specific. Please contact a professional advisor prior to implementing or acting upon any of the information contained in one of the blogs.

Monday, January 6, 2014

Salary or Dividend? A Taxing Dilemma for Small Business Owners -2014 Update

Effective January 1, 2014 the personal income tax rate on non-eligible dividends paid by private corporations will increase. As result of this uptick in rates, the absolute income savings that were available in most provinces in 2013, when small business owners paid themselves by dividends (as opposed to salary) have been virtually eliminated.  

With these changes, the government has achieved almost perfect integration, at least in my home province of Ontario. By integration, I mean a person will be indifferent as to whether they receive a dividend or salary from a private corporation, since the ultimate income tax cost (total of both corporate and personal taxes) is exactly the same.  

Although the government has effectively removed any absolute income tax savings, a significant income tax deferral is still available where corporations earn active business income. For example, if a corporation earns active income in Ontario, the corporate tax rate is only 15.5% as opposed to a personal tax rate of 46.41% (on taxable income over $136,270). This means to the extent that a small business owner does not need all their corporate earnings to live on and can leave funds in their corporation, they are deferring 30.91% in taxes (34.03% if they are a super-tax rate taxpayer paying 49.53%).  

Jamie Golombek, the Managing Director, Tax & Estate Planning of CIBC, recently released a report titled “The Compensation Conundrum: Will it be salary or dividends?”  This is Jamie’s third report in an excellent series on owner-manager remuneration, the first two being “Rethinking RRSPs for Business Owners: Why Taking a Salary May Not Make Sense” and “Bye-bye Bonus! Why small business owners may prefer dividends over a bonus”.

The chart below, taken from Jamie’s most recent report, reflects the impact of the dividend tax changes on small business owners, who distribute their income as non-eligible dividends instead of salary; where their corporations are eligible for the $500,000 small business deduction limit (“SBD”). The absolute tax rates which Jamie denotes as tax rate (dis)-advantage reflect significant decreases from 2013 to 2014, while the tax deferral advantage is either unaffected or has grown larger in almost all provinces. For example: In Ontario, in 2013, there was an absolute tax savings of 3.21% if a small business owner received non-eligible dividends instead of salary. However, in 2014, that benefit is now only .12%. The tax deferral remains the same at 34.03%.

Tax rate (dis)advantage and tax deferral advantage
on SBD Income in 2013 and 2014
                                             2013                                                     2014
                       Tax Rate                    Tax                    Tax Rate                    Tax
                          (Dis)-                  Deferral                  (Dis)-                  Deferral
Province   advantage          Advantage          advantage          Advantage
AB                    1.17%                   25.00%                 (0.69%)                 25.00%
BC                     1.04%                   30.20%                 (0.56%)                 32.30%
MB                   0.56%                   35.40%                 (0.89%)                 35.40%
NB                    1.65%                   29.57%                   0.91%                   31.34%
NL                     1.84%                   27.30%                   0.94%                   27.30%
NS                    4.54%                   35.50%                   2.40%                   36.00%
ON                   3.21%                   34.03%                   0.12%                   34.03%
PE                   (0.18%)                 32.73%                 (1.95%)                 31.87%
QU                  (0.25%)                 30.97%                 (1.26%)                 30.97%
SK                     2.00%                   31.00%                   0.27%                   31.00%
Chart reproduced with permission from Jamie Golombek, the Managing Director, Tax & Estate Planning of CIBC from his recently released report “The Compensation Conundrum: Will it be salary or dividends?” December 2013.

For active business income (“ABI”) in excess of the $500,000 small business deduction limit (i.e.: taxable income from $500,001 upwards) the dividends distributed are considered eligible dividends and thus the absolute tax savings and tax deferral advantage are largely unaffected as noted below.

Tax rate (dis)advantage and tax deferral advantage
on ABI Income in 2013 and 2014
                                             2013                                                     2014
                       Tax Rate                    Tax                    Tax Rate                    Tax
                          (Dis)-                  Deferral                  (Dis)-                  Deferral
Province   advantage          Advantage          advantage          Advantage
AB                   (0.47%)                 14.00%                 (0.47%)                 14.00%
BC                   (1.19%)                 17.95%                 (1.42%)                 19.80%
MB                 (4.15%)                 19.40%                 (4.15%)                 19.40%
NB                    0.63%                   19.06%                 (0.13%)                 19.84%
NL                   (2.65%)                 13.30%                 (2.65%)                 13.30%
NS                   (5.88%)                 19.00%                 (5.88%)                 19.00%
ON                  (1.85%)                 23.03%                 (1.83%)                 23.03%
PE                   (3.44%)                 16.37%                 (3.44%)                 16.37%
QU                  (2.68%)                 23.07%                 (2.68%)                 23.07%
SK                   (1.11%)                 17.00%                 (1.11%)                 17.00%
Chart reproduced with permission from Jamie Golombek, the Managing Director, Tax & Estate Planning of CIBC from his recently released report “The Compensation Conundrum: Will it be salary or dividends?” December 2013.

Last January I wrote extensively about the decision of whether to pay a salary or a dividend and the benefit of accumulating a “retirement fund” inside your corporation by taking advantage of the income tax deferral. Part 1 discussed conventional wisdom in respect of the salary versus dividend issues, Part 2 demonstrated the numerical benefits of deferring income and Part 3 discussed the various issues that can impact that decision. I do not have the time or the energy to redo these posts and much of what I said is still relevant or covered by Jamie's new report. However, I would suggest there are two key changes.

If your remuneration strategy was to pay yourself a salary to the RRSP limit and then pay yourself a dividend on any amounts over the RRSP limit, the increased tax rate on non-eligible dividends means that in many provinces, there will be little to no benefit to remunerate yourself in this manner in 2014 (EHT should be considered in this analysis).

If you leave after-tax corporate funds to grow in your company, you will now pay more income tax on the eventual withdrawal of those funds, to the extent the funds are withdrawn as non-eligible dividends.

With the change to the taxation of non-eligible dividends, small business owners need to consult their accountants early in 2014 to determine if they need to consider changing the manner in which they are remunerated.

The blogs posted on The Blunt Bean Counter provide information of a general nature. These posts should not be considered specific advice; as each reader's personal financial situation is unique and fact specific. Please contact a professional advisor prior to implementing or acting upon any of the information contained in one of the blogs. Please note the blog post is time sensitive and subject to changes in legislation or law.