Should your farm or ranch be incorporated? Where should land, quota and investments sit? And how does structure affect what your children can inherit? Together with Bryan McNulty, LL.B., B.B.A, T.E.P., Winnie and Lacy bring you Part 1 of 6 of Keeping the Farm or Ranch Together. How a Canadian farm or ranch is structured today shapes what's possible when it passes to the next generation. In this opening conversation, former tax lawyer Bryan McNulty explains why most larger operations use a corporation, for liability protection and the lower tax rate on active business income. He covers how farm assets other than inventory can generally move into a corporation without triggering tax, and why assets the business doesn't use, like investments, rental properties and corporately owned life insurance, often belong in a separate holding company. Bryan also explains the intergenerational farm rollover, which lets qualifying farm property or shares of a qualifying farm corporation pass to a child without triggering tax at that time, and the lifetime capital gains exemption. Both are only available on shares owned by individuals, and both can be lost if too many non-farm assets build up in the operating company. Along the way: estate freezes, family trusts and the 21-year rule, the Capital Dividend Account, and why U.S. citizens living in Canada face different rules. Bryan has been working in the life insurance industry since 2010, joining Equitable in 2017. He has over 25 years of experience in tax and estate planning for entrepreneurs and high-net-worth individuals. Bryan develops and implements advanced estate and tax planning strategies. He collaborates with advisors, accountants, and lawyers to deliver value-added services to a select group of clients in the business and affluent markets. Prior to his work in the life insurance industry, Bryan was a tax lawyer, the leader of the Tax Group, and a member of the Wills, Estates, and Trusts Group at the largest firm in Peel Region. Before that Bryan spent over 11 years at a major accounting firm, providing tax and estate planning advice to high-net-worth individuals. QUESTIONS THIS EPISODE ANSWERS: Should my farm or ranch be incorporated? Should farmland, quota and investments be held in the same company? What is the intergenerational farm rollover, and who qualifies? How can non-farm assets affect the capital gains exemption? What is an estate freeze, and why is it often paired with a family trust? When should a farm family start succession planning, and how often should the plan be revisited? WHO IT'S FOR: Canadian farm and ranch owners, incorporated or not, families thinking about the next generation, and dual Canadian–U.S. citizens who want to know where different rules may apply. HOSTS AND GUEST: Winnie Lau and Lacy Rowan, Ranch Your Way. Life insurance advisors who help farm and ranch families plan with The Infinite Banking Concept®. Lacy's own family ranch has been in the family for more than 110 years. Bryan McNulty, former tax lawyer with more than 25 years in tax and estate planning. He spent 11 years at an accounting firm and worked at a law firm drafting wills and trusts before joining the life insurance industry with Equitable Life of Canada. He also has experience in Canada–U.S. cross-border tax planning. A NOTE ON TIMING: Recorded October 30, 2024. The proposed changes to Canada's capital gains inclusion rate discussed in this episode did not proceed. Tax rates and amounts mentioned may have changed. NEXT IN THE SERIES Part 2: Where do you start, and where does life insurance fit? This episode is for education only and is not tax, legal or financial advice. Get Farming Without The Bank — the Canadian version, includes audio. Start at ranchyourway.com Watch the full series: youtube.com/@WinEHpodcast Questions, comments, feedback: wecare@ranchyourway.com