November 5, 2011

THE RISK OF FINANCIAL INNOVATION

innovation: bike with square wheelsInnovation gets overrated.

In the financial world, innovation may not be in your best interest. What looks “new and improved” may be worse. A bicycle is more stable with square wheels but (a tad) tougher to pedal.

What's wrong with solving underlying problems with proven strategies? Do you want to be among the first to use a new parachute? If your goal is peace of mind, then no.

We have the same six basic fears that Napoleon Hill identified in the 1930s. We have the same basic solutions. Why? Because they work.

Innovation is a sales strategy.

Risks

Governments are getting more aggressive in collecting tax and less lenient in making exceptions (example). Do you want to become a test case? You reduce your risks when strategies are backed by at least two major companies. This may mean waiting. You’ll still need to use your judgment. Mortgage life insurance has major pitfalls no matter how many banks sell it.

Rabbit-Proof Fence: click for IMDB reviewMistakes are most likely when a new strategy is introduced. The unintended consequences can't all be known because … they're unintended.

Introducing rabbits to Australia seemed like a good idea in 1788 (Wikipedia). The subsequent innovations were a rabbit-proof fence (1901) and then the fatal myxomatosis disease (1950). There’s now a vaccine for pet rabbits but usage is illegal in Australia. That’s a lot of unneeded innovation. Rabbits never asked to go to the land of the kangaroo.

The tax rules could be misinterpreted or misapplied. If the innovation goes wrong, the accountant usually gets blamed. That’s the downside of being the most trusted advisor. If they are compensated to approve the strategy, their advice may be biased. Unless they accept incentives, their natural response is to skeptical, even of sound strategies. That can lead to suboptimal results like advice to "buy term and invest the difference" (you lose the opportunity for tax-sheltered growth) or invest only in fixed-interest investments (you save your capital but may fall behind in after-tax after-inflation returns)

Safe Innovation

The six basic fears from Napoleon Hill (1937). Click to read.In the world of life insurance, there hasn't been much innovation in years. In the 1990s, universal life insurance became the dominant product, displacing  whole life. In recent years, whole life has resurged because universal life isn't as universal as the marketing implied. Advisors do more work since you make the investment decisions. This requires more care and more skill. It's easier to sell whole life

The last major new strategy was "10-8" leveraging (now 9-7). That's from the late 1990s. CRA expressed concerns in December 2008 with threats of audits. The insurers continue to stand behind the strategy and no major accounting firm has withdrawn their support. Even so, CRA has created enough uncertainty to frighten some clients and accountants — and collect more tax.

The Real Change

Products don't change much. The major differences are in the packaging. These take the form of "strategies" (which don’t change much either). Internally, they might be called "wrappers" since the same basic products are underneath the shiny new skin.

Then And Now

When I was designing products and strategies, more seemed better. That's because advisors crave the new. Innovation was a way to get their attention. Accountants were also shown the new stuff for the same reasons.

You might watch reruns on TV or go to session after session on a topic of interest, but advisors were reluctant to attend the same presentation again. They craved the new. Many would have invested their time more productively by re-learning strategies they saw before. As the 10,000 hour rule demands, mastery takes time. Mastery takes practice.

Innovation doesn't matter much to you. As a client, you don't know what's “new and improved”. You're buying now. You're unlikely to "trade up" to the new model three years later. Even if the features are better, you'll face higher prices because you're three years older and you'll need to go through underwriting again. Guess if the criteria will be more lax? Don't count on stronger guarantees either.

Links

Podcast 142 (5:57)


direct download | Internet Archive page | iTunes

PS Outside the financial world, new usually means improved. Would you want to buy last year’s gadget?

October 30, 2011

HOW CRA IDENTIFIES ISSUES THAT CONCERN THEM (AND THEN YOU)

piggy bank can't escape 500x735You have a better probability of finding Sasquatch than a taxpayer eager to pay more tax (unless you're in Warren Buffett's locale). We hunt for effective tax strategies but our savings reduce what the government collects. Win/lose or lose/win.

Canada Revenue Agency (CRA) interprets the tax laws to identify potential under-payers. If you make the list, they’ll let you know. You can appeal their decisions and ultimately the courts decide who is right. CRA has a huge advantage since few are willing or able to go to court.

INSIDERS

How does CRA operate? Two insiders shared their insights at a CALU technical session last week:
  • Susan Gulliver worked at CRA for 36 years — her last 23 in Aggressive Tax Planning. She spent 15 years on the GAAR (General Anti-Avoidance Rule) Committee. She's now a Senior Tax Advisor at PricewaterhouseCoopers.
  • Dan Rivet has been at CRA for 17 years. He's on the GAAR Committee. He is the Manager of the GAAR, Inter-Provincial Tax Avoidance and Technical Support Section. How do you fit that on a business card without abbreviations?
I spoke to both briefly. In 2009, I met Donald Bowman, the former Chief Justice of the Tax Court of Canada. I need an autograph book!

Identifying Issues

How does CRA identify the issues which concern them? There are five key ways:
  1. requests for rulings
  2. conducting regular compliance audits and finding practices of widespread concern
  3. attending conferences and seminars
  4. reading published articles
  5. participating internationally; e.g., in the OECD and the Joint International Tax Shelter Information Centre (JITSIC)
These sources are certainly reasonable. Let’s explore further.

Ruling Requests

If you ask for a ruling, you might change your mind and withdraw your request if you sense the decision might be unfavourable. While ignorance can be better than knowing for certain, CRA does not forget. Withdrawn requests go to the GAAR Committee for review. Lesson: If you'd rather not know, don't ask.

Ruling requests could be misused. Apple and Samsung are busy suing each other and already have 21 lawsuits pending around the world. Let’s turn to tax strategies. Suppose your company is a laggard losing sales to competitors or a leader staving off competition. Maybe you could get request a ruling anonymously (e.g., through a lawyer?) and withdraw your request to trigger a GAAR review. That’s nasty but might work, if structured properly.

Public Sources

CRA has been accused of not understanding industry practices, violating the 5th habit of the highly effective: seek first to understand and then to be understood.

Professionals require continuing education credits to maintain their designations (100 hours every two years for actuaries). Why not attend industry conferences and seminars? CRA staff are doing that and reading articles. While this may look like snooping, the purpose is to learn.

The wealthy reveal how their advisors fail them. Click to read.There are also internal courses. Some advanced courses are taught by outside instructors who don't have biases or conflicts of interest. That’s ideal. If you rely on financial advice from commissioned salespeople, be wary (e.g., read the wealthy reveal how their advisors fail them).

Outcome

We might not like what CRA does but now we have a better understanding of the inner workings. Before using a strategy that looks “too good to be true”, ask yourself how CRA may react (and these 13 questions). Happy tax planning!

Links

Podcast 141 (5:23)


direct download | Internet Archive page | iTunes

PS Has your opinion of CRA changed over the years?