CFE Flashcards
Taxable benefits: What is the standby charge formula if personal km >50%?
Employer owned: 2% * Cost of vehicle * # of months available to employee
Employer leased: 2/3 * monthly lease * # of months avail to employee
Taxable benefits: What is the standby charge formula if personal km <50%?
OR personal under_____ km?
OR personal under 20,004km (or 1,667 monthly)
Employer owned: 2% * cost of vehicle * # of months avail to employee * (personal km / 1667 * # of months avail)
Employer leased: same but 2/3 lease cost
Taxable benefits: what is the standby charge and operating cost benefit?
For when an employee has access to an employer owned vehicle for business & personal use.
If no personal km - no benefit required
Standby charge for when they can use the vehicle
Operating benefit for when employer pays for operating expenses (fuel, maintenance costs, licenses and insurance)
Taxable benefits: What is the formula for operating cost benefit?
If vehicle used <50% for business purposes:
$0.33 * Km of personal use
If > 50% business purposes, lesser of:
- 50% standby charge
-$0.33 * Km of personal use
ASPE Stock option taxable benefit
- Grant date
- Exercise date
- Shares sold
- Deduction of 50% of benefit if?
Grant date - no benefit
Exercise date - no benefit
Shares sold - FMV - exercise price = benefit
Deduction of 50% of benefit if FMV of shares when option granted does not exceed the option exercise price or CCPC shares held for 2 years
IFRS Stock option taxable benefit
- Grant date
- Exercise date
- Shares sold
- Deduction of 50% of benefit if?
Grant date - no benefit
Exercise date - FMV - exercise price = benefit
Shares sold - no benefit
Deduction of 50% benefit if FMV of shares when option granted does not exceed the option exercise price
How does the taxable benefit work for low interest loans to employees?
- Loan principle is NOT taxable
- Interest benefit based on prescribed rate (reduced by any interest paid in the year)
- Benefit is deductible if loan for purchase of investments or automobile purchase used for employment
Home office expenses for employees are permitted if?
- Place where individual principally (>50% of time) performs employment duties; OR
- Used exclusively for purpose of earning employment income AND used on regular/ continuous basis for meeting customers
Home office for employees: salaried employees may only deduct rent, supplies and r&M, whereas commissioned employees may also deduct:
Property taxes, home insurance, rented equipment
True or false: You cannot create or increase a loss in employment income from home office rent.
True
Employee Vs Contractor Tests
- Control of work
- Ownership of tools and equipment
- Subcontracting work or hiring assistants
- Financial risk
- Responsibility for investment and management
- Opportunity for profit
SOFROC
CCA - Immediate expensing for CCPCs, individuals and partnerships are available for all classes except?
- how much available per year?
- Available until when?
1-6, 14.1, 17, 47, 49, 51
Use this rather than AII for applicable classes
1.5 M available per tax year
Available until Jan 1, 2024
What are these CCA classes?
- 12, 13, 14, 14.1,16, 17, 28, 43.1, 43.2, 47, 49, 53
12- Tools, medical or dental instruments
13 - Leasehold improvements
14 - patents, franchises
14.1 - goodwill
16 - Taxies
17 - Roads, parking lots, sidewalks, storage areas
38 - Most power operated, movable equipment - excavating, moving or compacting earth
43.1 - Electrical vehicle charging stations up to 10 kilowatts
43.2 - electrical vehicle charging stations up to 90 kilowats
47- Equipment and structures used for natural gas liquefaction
49 - Pipeline
53 - Manufacturing and processing equipment and machinery
Gross up and dividend tax credit for Eligible and non-eligible dividends
Eligible - 38% and 6/11
Non Eligible - 15% and 9/13
True or false: Dividends received from a taxable Canadian corp are deductible?
True
True or false: Dividends are taxable if payor a connected corp
False - Dividends are not taxable if from a connected corp
Business income or capital? 8 Factors
prtkfan
- # and frequency of transactions
- Period of ownership
- Knowledge of market
- Relationship to taxpayers business
- Time spent
- Financing
- Advertising
- Nature of assets (can it produce income? - capital)
What are the 2 rules of personal use property?
- Gains are taxable but losses are not deductible
- $1,000 minimum rule for both proceeds/ cost
What is different about listed personal property (than personal use property?)
- Value of items often increase (art, jewelry)
- PUP rules but losses can be used against gains (only on LPP)
What are 4 common events that cause a deemed disposition?
- Death
- Change in use
- Gift
- Cessation of Canadian residency
What is the formula for capital gains reserve (amounts not due in the year)?
Lesser of:
- 1/5th of gain * (4- # of preceding years)
- Reasonable reserve based on amount not due until after the end of the year
What is required to defer recapture and/or capital gains for replacement property?
An election required in the year of acquisition of replacement property to amend return for year in which voluntary/ involuntary disposition took place
Voluntary disposition rules (3)
- Property must be replaced within one year from the end of the tax year of sale
- Property must be a former business property
- Replacement property must be used to produce income same or similar business
Involuntary disposition rules (2)
- Property must be replaced within 2 years
- Property includes land, building and equipment used to produce income from business or property
Does replacement property need to be of the same class?
No
When replacement property rules are elected into, how are the following calculated?
- Capital gain
- Recapture
- ACB of replacement property
- UCC of replacement property
Capital gain - lesser of:
- Actual capital gain
- Proceeds/ deemed proceeds not reinvested
Recapture - lesser of:
- Actual
- recapture not reinvested
ACB
- Replacement cost less capital gain deferred
UCC
- Replacement cost less cap gain and recap deferred
Principal Residence Exemption - what is the exempt portion of a gain?
(1+ # of years designated / # of years owned) * gain
Principal residence exemption - planning for people with more than one property (2)
- Designate one with higher capital gain per year
- Can designate up to 4 years of rental residence - No CCA should be claimed while rented
Describe Allowable business investment losses and the business investment loss
ABIL is capital losses arising from disposition of shares/ debts of small business corporations (except when 2 corps not at arms length)
BIL is the gain * 50%
Similar to allowable capital loss except ABIL may be applied against all other income
Carry back and carry forward years of losses:
- Non capital
- Capital
- LPP
- ABIL
Carry back - 3 years for all
Carryforward:
- Non cap - 20 yrs
- Cap - Indefinite
- LPP - 7 yrs
- ABIL - 10 yrs
What are the rules for inadequate consideration for non arms lengths transactions?
Consideration Proceeds for transferor ACB for transferee
FMV FMV FMV
> FMV Actual FMV
< FMV FMV Actual
Gift FMV FMV
Spousal transfers of what are tax free?
- Non depreciable capital property at ACB
- Depreciable property at UCC
True or false: Can elect to transfer out of spousal tax free transfer?
True
If spouses elect out of spousal tax free transfer, what are the 3 rules with depreciable property?
If FMV > transferor’s cap cost; Transferee’s UCC only bumped up by 50%
If FMV < Transferor’s cap cost; Transferee’s cap cost deemed to be the same
If FMV < Transferor’s UCC; terminal loss denied
Attribution rules
- Spouses
Loan or transfer of property not at FMV:
- Property income, taxable gains and losses attributes to transferor
- Business income does not attribute
- Second gen income does not attribute (income on income)
- ACB and UCC flows through on automatic rollover
If spouses living apart due to marital breakdown:
- No attribution of income
- No attribution of Taxable capital gains/losses IF BOTH spouses elect jointly
Attribution rules
- Transfers to children
Loan or transfer of property to minor - under 18
- property income attributes to transferor
- Business income does not attribute
- Taxable capital gains/ losses do not attribute
Does not apply to income earned on Canada child benefits transferred to a child
When TOSI applies
The split income will be taxed in the hands of the recipient at the highest marginal personal tax rate and no claim permitted for basic personal tax credit
The exception from TOSI can apply to income received by a family member who is 25 years or older AND if ALL the following apply:
- The income is received on excluded shares (shares that rep at least 10% of votes and value of the company)
- Less than 90% of the income of the corp is from the provision of services
- The shares are not in a professional corp
- If amount is considered reasonable for the family members contribution to the business
Personal taxes: Child care expenses
Claimed by parent with lower net income and the deduction is the lesser of 3 amounts:
- Amount paid
- 2/3 of taxpayers earned income
- Limits:
- Child any age/ disability credit - $11K
- Child under 7 - $8K
- child aged 7-16 - $5K
Personal taxes: Moving expenses
Deductible if? Limitations?
- At least 40Km closer to new work/ study location
- Limited to income earned at new location
- Amounts can be carried forward and deducted to extent of income earned at new location
Moving expenses include:
- Travel costs
- Transport/ storage
- 15 days meals/ lodging
- Lease cancellation/ selling costs of old
- Legal and other costs of acquisition
- up to $5K interest, prop taxes, insur, util on old while vacant
- Costs of revising legal docs for new address
- Utility connection and disconnection fees
*Can use simplified method for meals/ per KM driven
RRSP contribution limit:
- Unused room carried forward
- plus, 18% of earned income subject to max (2023- 30,780)
- less, pension adjustment for prior year
At what age must an RRSP be terminated?
71
Can be transferred to RRIF or purchase annuity to continue deferral
RRSP planning
- Managed earned income - salary vs dividend
- Maximize contributions
- Use spousal RRSPs (watch 3 year attribution rule)
- Roll over eligible retiring allowances
- Dividend and capital gain generating investments should be held outside RRSP as they get more favorable tax treatment and interest bearing investments should be held within RRSP because otherwise fully taxable
Part year Canadian residents are taxed on what?
Worldwide income for part of the year in which resident allocated to period of residence
What is a deemed resident and how are they taxed?
Non resident physically present in Canada for 183 days or more. Taxed on worldwide income for full year
What are the primary ties in determining residency status?
- Dwelling
- Spouse or common law partner
- Dependents
What are secondary ties in determining residency status?
- Personal property in Canada
- Social ties with canada
- Economic ties with Canada
- Work visas in Canada
- Medical insurance coverage
- Drivers license
- Vehicle registration
- Seasonal dwelling in Canada
- Canadian passport
- Memberships in canada unions or professional orgs.
Leaving the country:
- deemed disposition at FMV - specific exclusions?
- Elections available to?
- Rental property, business property etc.
Elections available to: - Exclude property (requires security)
- To include property
Instalments must be made how often and in what situations for individuals and corporations?
Individuals
- Quartlerly
- If taxes payable and amounts withheld at source is greater than $3K in both current and either of 2 preceding years
Corporation
- If part 1 tax payable or preceding year $3K or more
- Monthly for corps
- Quarterly for CCPCs with taxable income at or below the SBD threshold in current or preceding year with perfect compliance records
GST reporting and remittances: Amounts and frequency of filing
1.5 M or less of annual taxable supplies - annually and due 3 months after year end
>1.5 - 6M - Quarterly, due 1 month after end of reporting period
>6M - Monthly, due 1 month after end of reporting period
To qualify as a small business corporation (SBC):
- a CCPC that uses 90% or more of the FV of it’s assets in active business
- Assets are < $50M
To qualify as a Canadian Controlled Private Corporation (CCPC):
- Private corp
- Canadian
- Not controlled by non residents or by public corps
How do you calculate recapture/ terminal loss?
Opening UCC - (lesser of cost and proceeds)
- positive is recapture
- negative is terminal loss
A personal service business (PSB) is an incorporated business where:
- An individual owns >10% of the shares of the corp performs services on behalf of the corp; AND
- The individual would be reasonably regarded as an employee of the person to whom the services are provided
UNLESS: - The corp employees >5 full time employees; OR
- Services are provided to an associated corporation
If determined to be a personal service business (PSB), what is applied?
- 33% tax rate (highest rate for personal)
- Not eligible for SBD, general rate reduction or expenses unless it is wages, expenses allowed as an employee
The lifetime capital gains exemption is applicable to who?
Every Canadian individual for the disposition of shares of a qualified small business corporation (QSBC)
What all conditions are required to be a qualified small business corporation?
- At time of sale, qualifies as a small business corporation
- Owned by you, spouse/common law, or partnership you were apart of
- 24 months immediately before share disposal, it was a share of a CCPC and more than 50% of the FMV of the assets of the corp were used mainly in an active business (90%)
- 24 months immediately before the share disposal, no one owned the share other than you/ partnership
Factors to consider on sale of asset versus shares
- Redundant assets
- Undisclosed liabilities
- Asset bump up (Assets acquired at FV. If > UCC, value for tax is bumped up)
- Goodwill deduction (If goodwill purchased - paying > value of assets; it is eligible for CCA claims under class 14.1)
- Loss carryovers - remain in corp (can only use under share purchase)
- Complexity
- lifetime capital gains exemption
Non Monetary Transactions: Steps
- Definition (nothing specific under IFRS - use ASPE)
- Measure at carrying value if all exceptions are met
- If any exception met, measure at FV
Non Monetary Transactions: What is commercial substance?
Commercial substance exists when cash flows expected to change significantly in relation to:
- Configuration (risk, timing and amount) of cash flows differ from asset received vs given up
- Entity specific value value of the portion of the entity’s operations affected by the transaction changes as the result of the exchange
Non Monetary Transactions: What are the exceptions when determining if should be valued at carrying value?
Measure at CV when any met:
- Lacks commercial substance
- Exchange of a product or property held for sale in the ordinary course of business for a product or property to be sold in the same line of business
- Neither FV of the asset received nor asset given up is reliably measurable
- Non monetary non reciprocal transfer to owners
Non Monetary Transactions: When recording at FV, is it the FV of the asset given up or received?
Whichever is more reliably measured. If both, then:
- IFRS - FV of asset received
- ASPE - FV of asset given up
Related Party Transactions: How are these recorded under IFRS?
At exchange amount unless another standard provides guidance. Significant disclosures are required (nature of relationship, transactions and key management compensation)
Related Party Transactions: How are these recorded under ASPE?
Flow chart - likely won’t be required but see prep notes for the flow chart for review.
Inventory - Definition
Inventories are assets:
- Held for sale in the ordinary course of business
- in the process of production for such sale
- in the form of materials of supplies to be consumed in the production process or in the rendering of services