Chapter 1 Flashcards

Residency

1
Q

Progressive Approach

A

The more you earn, the higher the amount of taxes as a proportion of total income

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2
Q

What happens if you don’t declare the true income?

A

Heavily punished: 1. Will be on their watch list forever 2. You will have to pay back the amount you owe plus interest and a fine

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3
Q

How many parts does the Income Tax Act have?

A

17 parts (all broken into subdivisions)

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4
Q

How to find Division B income?

A

3a: all types of income + 3b; net taxable capital gains - 3c: Deductions - 3d: negative amounts of 3a = Diviion B income

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5
Q

What is taken in 3A income

A

Net employment income + net business income + net property income + other income

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6
Q

What is taken in 3B income

A

Net taxable capital gains (taxable capital gains - allowable capital losses)

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7
Q

What is taken in 3C income

A

Other deductions(-): moving expenses+attendant care+childcare expense+RRSP contributions

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8
Q

What is taken in 3D income

A

The negative amounts of 3A

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9
Q

Specified deductions to remove from Income Division B

A

Employee stock option deduction, home relocation loan deduction, life time capital gain deduction, losses from prior years

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10
Q

Division B - specified deductions =

A

Taxable Income

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11
Q

Resident is taxed on

A

worldwide income

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12
Q

Non-resident is taxed on

A

only Canadian income

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13
Q

Criteria to determine residency

A

1) Primary social and economic ties
2) Secondary residential ties
3) Temporary absences

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14
Q

Primary Social and Economic Ties

A
  1. Dwelling (house; except if it is being rented out at arms length
  2. Spouse or Common Law: except if they didn’t live together before he leaves
  3. Dependents: kids under 18
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15
Q

Secondary residential Ties

A
  1. Personal belongings: car, furniture
  2. Economic ties: working outside but with a Canadian employer, or investing Canadian income in Canada
  3. Social ties: active member of a class or club
  4. Drivers license and medicare card, if you still renew them
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16
Q

Temporary absences

A
  1. intention
  2. Frequency of visits
  3. Residential ties outside of Canada
17
Q

What are deemed residents?

A

Physically not in Canada, but still subject to Canadian taxes (children follow the mother) + Do not live in a particular province, hence do not pay provincial taxes but instead 1.48 * federal taxes

18
Q

Types of deemed resident

A

Ambassadors, members of armed forces and sojourners

19
Q

Ambassadors and members of armed forces

A

If spouse and children move with the worker: they are all Canadian residents.
If worker meets someone abroad, that person will still be resident of their own country unless otherwise specified

20
Q

Sojourner’s rule

A

If someone spends more than 183 days of a calendar year in Canada, they will be automatically considered a deemed Canadian resident and have to pay Canadian taxes for the whole year.

21
Q

Part-Year residents

A

An individual coming/leaving Canada throughout the year will be considered a part time resident and will be taxed on Canadian income while he’s a non-resident and worldwide income while he is a resident

22
Q

The date to for Part-year resident is the latest of:

A
  1. The date the individual leaves
  2. The date the common law or spouse and dependent leave
  3. the date the individual becomes resident of the country where he emigrated
23
Q

Non-residents are taxed on:

A

employment income made in Canada
Business income earned in Canada
Taxable capital gains from the disposition of Canadian property

24
Q

Who withholds taxes on non-residents?

A

The bank is the only agent who has access to the income earned by a non-resident so they are responsible for withholding 25% of their income

25
Q

Election for non-residents

A

A non-resident volunteers to make an income tax return because they think 25% is too high

26
Q

Tax treaties

A

An agreement between Canada and another country which will prohibit double taxation.
For example if in Canada, you were supposed 40% and the other country made you pay 30%, you will only have to pay the remaining 10% .

27
Q

A person is”

A

individual, corporation or trust

28
Q

Taxation year for individual

A

Calendar year

29
Q

Taxation year for corporation

A

Fiscal period (cannot exceed 53 weeks)

30
Q

Taxation year for a trust

A

Calendar year or other

31
Q

Residency for corporation

A
  1. Incorporated in Canada after April 26th, 1965
  2. Incorporated in Canada before April 26th, 1965 and kept on doing business after or mind and management
  3. Incorporated outside of Canada, but moved mind and management in Canada, they will pay taxes only as long as they are here