1.0 Flashcards
When is Taxation Year
Fiscal year for Corporation Calendar year for individual
What is Taxable Income
Division B Income (Income for Tax Purposes) - Division C Deductions
3 Primary factors to determine RESIDENCE –INDIVIDUAL
Maintain a dwelling suitable for year round occupancy
Spouse or common law
dependent members of family remaining in Canada
Deemed Resident Requirements
If an individual “Sojourns” in Canada during a year for a period of 183 days
PART-TIME RESIDENT Requirements
Need to establish “Clean Break” or “Fresh Start
clean break: what is Departure Tax
Deemed to have disposed of almost all property at FMV on day of departure except property Canada retains right to tax
Non resident taxed on:
Interest
Dividends
Rents
Royalties
Personal Benefits
Certain Management Fees
Other income would be subject to withholding tax
RESIDENCE - CORPORATE Requirements
Usually where the board of directors meet to establish company policy
Deemed Corporate Resident if incorporated on
The corporation was incorporated in Canada after April 26, 1965 or
The corporation was incorporated in Canada before April 27, 1965 and carried on business in Canada in any subsequent fiscal year
3 Secondary factors to determine RESIDENCE –INDIVIDUAL
Personal property
Social ties
Economic ties
Examples of Secondary residency
- furniture
- cars
- OHIP
- job in Canada
- Bank account/RRSP
- Drivers license
- membership of canadian organization
EMPLOYEE VS. SELF EMPLOYED INDEPENDENT CONTRACTOR First steps
STEP 1: Determine Both Parties Intensions
CONTRACT
BEHAVIORS
STEP 2: Economic Reality Test
3 EMPLOYEE vs. independent: Economic Reality Tests
CONTROL- Who decides what is done,
where, when and how?
OWNERSHIP of TOOLS – Who bears
the cost of tools
CHANCE OF PROFIT/LOSS – Who
bears the risk of loss/profit
4 EMPLOYEE vs. independent: Control Test factors
- Who gives instructions on how the work is to be carried out
- who controls how the work is preformed
- Who controls when work will be preformed
- does the individual control the amount, nature, and manner of completion of the work
3 EMPLOYEE vs. independent: Profit Test factors
- Risk of incurring a loss from delay, debt, or asset damage
- who covers operating costs
- is for a job not ongoing