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Your Money Matters


March
2009 Issue



Severance Packages Have Major Tax Issues


Every recession brings with it job losses. If this applies to you, there are decisions that must be made to ease both immediate and long-term financial burdens.

There may be compensation as a result of your job loss, generally in the form of a retiring allowance. If severance is a one-time payment or a fixed amount payable over a short period with respect to loss of employment, or after retirement in recognition of long service (without continuation of employment benefits), it’s considered a retiring allowance.

Retiring allowances are fully taxable in the year received. However, a portion may be eligible for transfer to the recipient’s RRSP, resulting in a deferral of tax on the amount transferred. The severance amount eligible for transfer to an RRSP is limited to $2000 per year of service with the employer, or a related employer before 1996, plus $1500 for each year of service before 1989 for which employer contributions to an RPP or DPSP have not vested. The employer computes the amount eligible for transfer and reports it on a T4A slip.

To reduce the tax bite of a large severance package – if the retiring allowance is greater than the portion eligible for RRSP transfer, and if the individual has other unused contribution room – he or she might consider using some of the ineligible retiring allowance amount to fund RRSP contributions. An employee might attempt to negotiate receiving the payment in installments over more than one year. This provides access to the lower marginal tax rates in the subsequent year, but it also means the person won’t have access to the funds until that time.

Finally, if an employee incurs legal fees to secure a severance, these fees are deductible, but only against the severance or termination payment reported, net of amounts transferred to an RRSP. Due to the options, and consequences involved, it is best that you speak with an investment professional to ensure your choices are right for your circumstances.


 
Theresa Wever and the Money Concepts Team.

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