5:57 pm
May 22, 2015
I'd like to double check with people here that my understanding of the CDIC coverage is correct. Basically, to maximize the coverage, we're planning to open a bunch of joint accounts (same FI), we're three people: P1,P2 and P3
We're going to open four joint accounts:
P1+P2,
P1+P3,
P1+P2+P3
P2+P3
If we deposit 100K in each account, we're covered 100%.
Is this correct ?
6:57 pm
September 11, 2013
7:29 pm
January 12, 2019
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9:00 pm
October 21, 2013
Yes, with the following caveats:
1. The interest owing to you will not be covered because the total will be over 100K.
2. Although most FIs will cooperate, some may not permit an account with 3 account holders. So you should check first. (Some have been reluctant to open up even 2-person joint accounts.)
3. Be aware that if one account holder dies, the account passes to the remaining one. So, if it's a parent and child, when the parent dies, the account will pass to the child, not to the surviving spouse. I don't know if it is possible to set up an account that doesn't work this way, but this is the norm.
Similarly, all account holders have the right to all the money in the account at any time. I don't know if there are restrictions around children who are not of legal age.
4:05 am
May 22, 2015
Loonie said
Yes, with the following caveats:1. The interest owing to you will not be covered because the total will be over 100K.
2. Although most FIs will cooperate, some may not permit an account with 3 account holders. So you should check first. (Some have been reluctant to open up even 2-person joint accounts.)
3. Be aware that if one account holder dies, the account passes to the remaining one. So, if it's a parent and child, when the parent dies, the account will pass to the child, not to the surviving spouse. I don't know if it is possible to set up an account that doesn't work this way, but this is the norm.
Similarly, all account holders have the right to all the money in the account at any time. I don't know if there are restrictions around children who are not of legal age.
Thanks Loonie, that's exactly what we want.
8:11 am
October 27, 2013
Loonie said
3. Be aware that if one account holder dies, the account passes to the remaining one. So, if it's a parent and child, when the parent dies, the account will pass to the child, not to the surviving spouse. I don't know if it is possible to set up an account that doesn't work this way, but this is the norm.
Similarly, all account holders have the right to all the money in the account at any time. I don't know if there are restrictions around children who are not of legal age.
3a. I always assumed that too in a parent/child JTWROS account but actually most family law assumes that is for convenience only, not a beneficial interest. The value is put back into the estate for disbursement allocations to beneficiaries. The same applies for a parent that is on title for real estate for the purposes of mortgage qualification, only in that case, it is often specified on title, e.g. 1% beneficial interest. Worthy of a separate topic.
3b. Indeed, the risk of JTWROS accounts is that the assets are fully accessible to all account holders, including creditors and in a division of assets in marriage dissolution. The account holders of JTWROS accounts need to be considered carefully.
10:06 am
October 7, 2018
I am assuming that the monies belong to the parent and the purpose is to have all monies covered by CDIC, with all interest growing the parent assets.
Another consideration
If
P1 is a parent
P2 and P3 adult children
Then the interest on the account for P2 and P3 would be attributable to P2 or P3 for tax purposes.
If P2 and P3 (adult children) are in higher tax brackets than P1 (parent) it would diminish the return
11:15 am
April 6, 2013
Attribution of the interest on a joint account for tax purposes is separate from the legal title of the joint account. There would be no tax attribution to the joint holders who did not contribute funds.
Same with the beneficial interest of the funds, as AltaRed mentioned. Legal title of the account passes to the surviving holders on death of a holder on a joint tenant account. If the presumption of resulting trust applies, then those survivors are presumed to hold the account in trust for the estate of the deceased holder. This was discussed previously including a case that went all the way to the Supreme Court of Canada.
It can be set up differently as Loonie mentioned. A "tenants in common" account works differently. When a holder dies, the deceased's share does not pass to the surviving holders.
RBC Wealth provides more details in The Navigator - Joint ownership accounts.
12:05 pm
September 11, 2013
T5 for interest income will show SIN of primary account holder, so if it's one person's money you might want to make sure they're the primary account holder so CRA sees what it expects on the tax returns. However, if interest income needs to be attributed to more than one contributor just make sure, again, primary account holder is one of the contributors, to help keep CRA happy.
12:15 pm
September 11, 2013
Norman1, the link you provided indicates RBC Dominion Securities has options re joint tenancy vs tenants in common joint accounts, etc, they offer variations, but do you know if there are the same, or indeed any, options when you just open your standard vanilla joint savings accounts at a bank? And would it be the same at the online banks vs the big banks, i.e. do all banks offer variations on the standard joint savings account to accommodate the various ownership options customers might want?
5:56 pm
October 21, 2013
7:07 pm
April 6, 2013
Bill said
Norman1, the link you provided indicates RBC Dominion Securities has options re joint tenancy vs tenants in common joint accounts, etc, they offer variations, but do you know if there are the same, or indeed any, options when you just open your standard vanilla joint savings accounts at a bank? And would it be the same at the online banks vs the big banks, i.e. do all banks offer variations on the standard joint savings account to accommodate the various ownership options customers might want?
One needs to examine the account opening documents to determine which kind of joint account one has. There should be some mention of joint tenants, tenants in common, or joint with gift of survivorship.
I think people are thinking about the joint tenants kind when they think of a joint account.
Not all the banks offer all the variations allowed under provincial property laws. I have not seen that "Joint – Gift of Beneficial Right of Survivorship (JGBRS)" kind of joint account before.
8:37 pm
October 21, 2013
Norman1 said
If it is JTWROS, then it is "joint tenancy with right to survivorship". Consequently, JTWROS is a joint tenancy and not a tenancy in common.
So, what does "survivorship" mean, then? Still seems to me that unless it is challenged and/or the will specifies otherwise, the default is that the remaining account holder(s) inherit the account.
I have never been offered anything other than JTWROS when opening a joint bank account - and I do ask to confirm that's what it is.
4:45 am
March 30, 2017
6:03 am
April 6, 2013
Owner registration of bank accounts works exactly the same way as it does with title to land.
Registered ownership goes to survivors with joint tenancy. The beneficial ownership may or may not depending on situation.
Quebec doesn't have JTWROS. Joint accounts there behave like a tenancy in common. This is from National Bank: Joint Bank Accounts:
In the event of death
In Quebec, if one of the co-holders passes away, the joint account will be frozen until a liquidator has been appointed to manage the estate.1 However, amounts can still be withdrawn to cover urgent expenses and funeral arrangements. In the rest of Canada, the surviving account holder retains all of his or her rights and becomes sole owner of the funds in the joint account.
9:03 am
October 27, 2013
Loonie, it is correct that with JTWROS accounts, the remaining account owners jointly own the account BUT they may not have beneficial ownership. As Norman1 says, it is situational and there are a number of links that can be googled that explain this concept, and as determined by the Supreme Court. It depends on what the intent of adding person(s) to the account was, just like one would do for CRA tax purposes in terms of attribution of income.
If the parent made all the deposits to a JTWROS account, that parent would have to report all the income from that account. A survivorship situation is technically no different. The assets of the account would revert to the Estate in terms of distribution according to the beneficiary designations in the Will, albeit it wouldn't go through probate. The intent here is that the remaining co-owners do not unfairly benefit simply because of being co-owners of an account for matters of convenience, e.g. POA, transactional assistance for an elderly parent, CDIC insurance, etc.
The beneficiaries of the Estate can and should contest the Will if there is a substantial money grab by the remaining co-owners who are not proportionately aligned with the beneficiaries of the Estate. A forensic accountant would be able to track who made the deposits to the account to ascertain beneficial ownership.
A separate issue but has relevance to provide additional clarity to JTWROS accounts. Some provincial land titles offices now insist on knowing beneficial ownership of the title when a title transaction occurs. That helps prevent money laundering and beneficial owners hiding behind a shell company with different shareholders. This has been a problem in BC for a long time with money coming out of Asia. Canada, and BC in particular, (from the Panama Papers) is well known to be an easy place to launder money. The 21 yr old daughter has no means to have title (and beneficial ownership) of a $5M property in Vancouver. Beneficial ownership actually was from money provided (but not gifted) by Daddy back in China and should be disclosed by law.
10:40 am
April 6, 2013
There are multiple groups of people for a bank account, a piece of land, or shares in a company:
- The registered owners
- The beneficial owners
- The people authorized to directly transact
- The people any income is attributed to for tax purposes
The groups are not always the same.
As the beneficial owner of shares in my brokerage account and for funding the purchase of the shares, I'm in groups #2 and #4 for those shares.
The depository, like The Canadian Depository for Securities Limited (CDS), in #1 for those shares, is the registered owner of the shares in the share registry of the companies. As such, only CDS has direct authority (is in #3) to transact in the shares on the share registry.
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