Tax Flashcards

(56 cards)

1
Q

Filing Deadline for Individuals

A

April 30th

If Deceased, Later of:
1. Regular deadline
2. 6 Months post Death
June 15th if TP or spouse carried on business

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2
Q

Filing Deadline for Corporations

A

6 Months after Year End

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3
Q

Balance Due Date for Individuals

A

April 30th

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4
Q

Balance Due Date for Corporations

A

2 Months After Year End

CCPCs claiming SBD - 3 months after YE

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5
Q

Installments for Individual

A

If balance due is > $3,000 for the CY and prior 2 years, installments = least of:
- 1/2 Estimated TP for CY
- 1/2 Estimated TP for PY
- First two installments @ 1/4 x TP for second preceeding yr, last two installments @ 1/2 x TP for PY

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6
Q

Installments for Elligible CCPCs

A

Installments = least of:
- 1/4 estimated TP for CY
- 1/4 TP for PY
- First installment @ 1/4 TP for second preceeding year, last 3 installments @ 1/3 TP for PY

Elligible CCPCs can pay quarterly.
Elligible CCPCs:
- Did not have TI > $500,000 in CY or PY
- taxable capital employed in Canada of no more than $10M
- Claimed SBD in CY or PY
- Perfect Compliance history

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6
Q

Installments for Corporations

A

If balance due is estimated to be > $3,000 for CY and PY, installments = least of:
- 1/12 x TP for CY
- 1/12 x TP for prior year
- First two installments @ 1/12 TP for second preceeding yr, last 10 installments @ 1/10 TP for PY

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7
Q

Primary Residency Factors

A

Dwelling place in Canada
Spouse + Dependents in Canada

Secondary Factors (Not sufficient alone to establish residency):
- Health insurance in Canada
- Canadian drivers license
- Social ties/Memberships
- Credit cards/bank accounts
- Personal property i.e Car, Furniture, Etc.

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8
Q

Date Tax Payer Becomes Non-resident

A

Later of:
- Date TP leaves Canada
- Date TP’s spuse/dependants leave Canada
- Date Individual becomes resident of new country

Concequences: @Time TP becomes NR, deemed to have disposed of assets @ FV

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9
Q

Employee vs Contractor Tests

A
  1. Control - Who controls time/place/duties
  2. Ownership of Tools - who supplies the necessary tools and maintenance of these tools
  3. Financial Risk - Is the worker liable for expenses or if they do not fulfill the contract?
  4. Opportunity for profit/Loss

Responsibility for Investment?

Can they subcontract/hire assistance?

Employee:
- Limited deductions
- Don’t need to register for GST
- Elibible for vacation pay/severance
Contractor:
- More expenses are deductible (If used to earn business income)
- No job security
- Must make quarterly installments if $3,000 threshold met
- Must register for GST if threshold met
- Tax return due June 15th

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10
Q

Appeal Process for Tax Filings

A
  1. Recieve notice of assessment
  2. File notice of objection within 90 day deadline
  3. If unhappy with NOA result, appeal to tax court of Canada within 90 day deadline
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11
Q

Div C deductions (Corporate)

A

Charitable Donations (Limited to 75% of corp’s NIFTP)
Loss Carryovers:
- Net Capital Losses (Indefinitely Carry Fwd)
- Non-Capital Losses (20 yrs Carry Fwd)
- Allowable business Investment Loss (50% x BIL - arise from deemed disposition of shares of SBC)
Dividends recieved by taxable Canadian corp

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12
Q

AII

A

Net Taxable Gains
ADD: Poperty Income (Interest, Rental, Royalties)
LESS: Div C deductions relating to investment income (Net Capital Losses, Divs)

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13
Q

ABI

A

Division B income
LESS: AII

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14
Q

Corporate Taxes Payable Shortcut

A

AII x [Basic Federal (38%) - Abatement (10%) + ART (10.67%)]
ABI < BL x [Basic Federal - Abatement - SBD (19%)]
ABI > BL x [Basic Federal - Abatement - GRR (13%)]

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15
Q

CCA Class for Buildings Acquired after 1987

A

1 (4%)

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16
Q

CCA Class for non residential Buildings

A

1 (6%)

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17
Q

CCA Class for Manufacturing Buildings

A

1 (10%)

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18
Q

CCA Class for Furniture/Fixtures/Office Equipment

A

8 (20%)

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19
Q

CCA Class for Automotive Equipment including passenger vehicles up to $30,000 pre-tax OR non-passenger vehicles (2 seats)

A

10 (30%)

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20
Q

CCA Class for passenger vehicles costing more than $30,000 before tax

A

10.1 (30%)

Capped at $30,000

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21
Q

CCA Class for Books/Tableware/Utensils/medical and dental tools/linens/computer software that is not systems software (All costing less than $500)

A

12 (100%)

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22
Q

CCA Class for Leasehold Improvements

A

13
Lesser of:
1. Cost of Improvements / Lease Term
2. Cost of improvement / Lease Term + Renewal

23
Q

CCA Class for Patents/Franchises/Concessions/Licenses that have limited legal life

A

14 (SL basis based on legal life)

24
CCA Class for Intangible Capital Assets that are not included in Class 14 i.e Goodwill/customer lists/trademarks/licenses
14.1 (5%)
25
CCA Class for Roads/sidewalks/parking areas
17 (8%)
26
CCA Class for Patents with no limited legal life
44 (25%)
27
CCA Class for computer hardware and systems software
50 (55%)
28
CCA Class for manufacturing and processing equipment
53 (50%)
29
Special Situations
Short Tax Year - CCA claim must be prorated for all classes except 14 CCA may not be claimed until it is Available For Use - Considered AFU at earlier of: - Time it is first used - second taxation yr following year of acquisition ## Footnote Buildings are considered AFU when 90% or more of the building is used for its purpose
30
Deductions from Personal Income
Contributions to RRSP,RRP,RRIF CPP Contributions on self-employed persons self employed must contribute personal & employer amts EI and OAD Overpayments Moving Expenses: 1. Enabled TP to carry on business 2. at last 40kms closer 3. ordinarily resided before and post relocation - Travelling costs up to 15 days (meals + lodging), transport/storage costs, selling costs of old res, lease cancellation of old res. Workplace in home: Employee can deduct utilities + maintenance but no property taxes or mortgage interest only contractors can deduct mtg. Expenses must be prorated for sqft. Childcare Expenses - Amount paid Limited to: $8,000 for child under 7, $5,000 for child 7 - 16
31
Div C Deductions (Personal)
LCGE Net Capital Losses Non Capital Losses Employee Stock options ABIL
32
Tax Credits @ 15% (Low Hanging Fruit)
Basic personal Amt Employment Amt Old Age amt CPP & EI Donations DTC: Eligible = (6/11 x gross up) Non-eligible = (9/13 x gross up) Medical Expense - Amt paid LESS LESSER OF: 1. 3% NI 2. $2,635 Childcare - 2 TP cannot claim for same child
33
Sale of Assets vs Shares
General Rule: Purchaser prefers purchase of assets, vendor prefers sale of shares Purchaser (Assets): - Can pick and choose which assets to purchase (avoid low CCA assets) - Not liable for liabilities - Doesnt inherit tax history Seller (Assets): - Can reult in CG - Can be left with assets that are hard to sell - Liable for liabilities - Can't use LCGE Purchaser (Shares): - Inherit tax history - Can't pick assets - No asset bump-up Vendor (Shares): - Won't be left with hard to sell assets - liabilities stay with the corp/purchasing entity - LCGE if QSBC - Simple tax consequences
34
Aquisition of Control (AOC)
1. Control exists when over 50% of votes to elect BOD are held 2. Determine YE - Acquired corp is deemed YE immediately before acquisition. If deemed YE is not the same as fiscal YE, there will be 2 taxation years in that fiscal year 3. Consequences: - Two tax returns will have to be filed - CCA & SBD will be prorated for short year - Automatic recognition of pre-AOC losses at deemed YE
35
Incorporating vs Proprietorship
Advantages of Incorporation: 1. Tax Reduction - If personal tax rate is higher than corporate, there will be an advantage to incorporate 2. Tax Deferral - shareholder/manager can time dividend pmts according to his/her personal needs (If personal rate is higher than the corps, dividends can be delayed to defer taxes) 3. Income Splitting - Corporations can be used to split income among family members who are taxed at lower marginal rates Disadvantages: More Admin costs i.e. prep of financial statements, prep of tax returns, annual filing fee
36
PRE
Allows TP to be exempt from paying tax on all or a part of CG arising on disposal of PR - Must have been ordinarily inhabited. 1. For each property: ACB/Yrs owned 2. choose property with highest gain per year to maximize PRE 3. Total Gain x [(1 + years designated) / yrs owned]
37
2 Situations where replacement Propert Rules Apply
1. Involuntary: property is stolen or destroyed - Didn't have to be used for business purposes - Replacement must be acquired for same purpose 2 . Voluntary: TP sells property used in business - Must have been used in business - Must be acquired within 12 months following end of TY OG prop was disposed in ## Footnote Max Deferral of CG is lesser of: - POD - Cost of Replacement prop
38
Personal Service Business (PSB)
Intended to discourage employed individual from incorporating a company through which they would provide their services to a business that would normally be considered to be their employer. - PSBs are not elligible for SBD - PSBs are not elligible for GRR - PSBs are subject to additional federal rate of 5%
39
PUP
ACB of PUP is greater of original cost and $1,000 POD of PUP is greater of actual proceeds and $1,000 - Losses are denied - 50% of gains are taxed
40
LPP
Collectibles that tend to appreciate such as: Paintings, sculptures, coins, jewellery, rare books, stamps. ACB of LPP is greater of original cost and $1,000 POD of LPP is greater of actual proceeds and $1,000 - Can create a loss and be deducted from CGs - 50% of gains are taxable
41
Taxable Benefit EXCLUSIONS 6(1)(a)
-Reasonable Motor vehicle Allowances: - Not reasonable if not based solely on KM travelled - Not reasonable if amt exceeds CRA limit ($0.59 for first 5000 kms) - Employee recieved both allowance and reimbursement. - Reasonable travelling expenses - Mental/physical counselling - Discounts on Merch - Gifts under $500 - Cell phone and internet - Education and professional development (unless for personal interest)
42
Common Taxable Benefits
- Group insurance - Parking - Reimbursement for employee owned phone - Monetary Awards - Event Tickets
43
Automobile Benefits (taxable income)
Standby Charge - Employer owns vehicle: use < 50% employment purpose = 2% x C x months available OB = personal Km x rate. Reduction in Standby Charge - Employer owns vehicle: use > 50% employment purposes = standby charge x [Personal km / (1,667 x months available)] OB = Lesser of personal Kms x rate & 50% of standby charge.
44
**Shareholder Benefits** (Taxable Income) - When a corp has provided a benefit to a shareholder or anyone thats NAL, the FMV is included in shareholder's income
Value of benefit is not deductible for corp regardless of whether it is repaid. Specified Employee: Owns more than 10% of shares - Must include loan in income unless repaid within 1 yr. If shareholder/employee owns LESS than 10% they could be exempt from income inclusion providing: 1. Bona Fide arrangements are made for repayment of the loan within a reasonable period. 2. The loan arises because of employee's employement and not because of shareholdings
45
Stock Options (Taxable Income)
NO BENEFIT ARISES ON GRANT DATE **Public Company:** Exercise date - Taxable Benefit = (FMV - exercise price) x number of shares granted Sale date - CG = 50% x shares sold x (Market price - FMV on exercise date) **CCPC:** Exercise Date - NO BENEFIT Sale Date - Taxable Benefit = (FMV - exercise price) x number of shares granted AND CG = 50% x shares sold x (Market price - FMV on exercise date)
46
Who is Required to Register for GST/HST and When?
- Anyone who sells taxable supplies in Canada, at the date where supply exceeded $30,000. - Previous 4 quarter test - Effective registration date no later than 1 month after losing SS status - 1 quarter test - Effective registration date is date of sale that made you exceed $30,000
47
GST/HST Implications of Sale of Business (Assets Only)
- GST/HST must be charged - Election available if assets are substantially (90% or more) regarded as being necessary to carry on business and the purchaser will carry on that business. - Eliminates need for for seller to charge/remit GST/HST - Purchaser can claim ITC as long as assets are used for commercial activity
48
How is appropriate GST/HST rate chosen?
Based on place of supply Goods - where they are delivered Services - where customer is located, NOT where work is performed Real Property - where it is situated Intangibles - where they can be used
49
GST Reporting & Deadlines
TS < $1,500,001: Report Annually, Deadline = 3 Months after reporting period. TS $1,500,001- $6M: Report Quarterly, Deadline 1 Month after reporting period. TS > $6M: Report Monthly, Deadline 1 month after reporting period
50
GST Installments
Required for annual filers whose GST/HST for PY is > $3,000 PY Method: 4 equal installments of 25% of net tax from PY. CY Method: 4 equal installments of 25% of estimated net tax owing for CY. Installments are payable within 1 month after end of each quarter.
51
QSBC for LCGE
A CCPC where more than 50% of FMV of assets were: - Used mainly in active business carried on in Canada - Throughout 24 moths preceeding sale of shares, no one else owned the shares
52
Dividend Gross-up & Tax Credit
Eligible Gross-Up: 38% (i.e. 100 x 38% = $38, total included in income = $138) Eligible DTC: 6/11 x gross-up amt (i.e. 6/11 x $38 = $20.72 ) Non - eligible Gross up: 15% Non - eligible DTC: 9/13 x gross-up amt
53
Salary/Bonus vs Dividends
Dividends: - Provide tax credits - Taxed at the corporate level first (integration) - Don't require CPP contributions Salary/Bonus: - Require CPP contributions - Lenders may require stable income
54
Tax Implications of Going Public
- Loses CCPC status - Loses SBD & QSBC - Deemed yr end immediately before goes public - Loss of capital dividend acct & RDTOH
55
Part IV
Divs from non-connected @ 38.33% Divs from connected @ 100%