Tax Planning Flashcards

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1
Q

When do returns for the deceased need to be filed?

A

If died Jan 1 - Oct 31 - April 30th following year

If died Nov 1 - Dec 31 - Six months after the date of death

If deceased or deceased spouse is self-employed:

If died Jan 1 - Dec 15 - June 15th following year

If died Dec 15 - Dec 31 - Six months after the date of death

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2
Q

When do you have to pay instalment taxes?

A

If you net tax owing is greater than $3,000 in 2016. You do not have to pay if your net tax owing will be less than $3,000 - even if you received an installment reminder.

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3
Q

What are the options for paying installment taxes?

A
  1. No Calculation - pay what the CRA calculates - good when you income is consistent. Based on income in two prior years. 2. Prior year option 3. Current year option
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4
Q

What are the political tax contributions?

A

on first $400 - 75% on next $350 - 50% on next $525 - 33.33%

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5
Q

What income is used to calculate certain federal and provincial non-refundable tax credits

A

Net income

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6
Q

What deductions from net income calculate taxable income>

A

capital gains net capital losses of other years non-capital losses of other years security options deductions limited partnership losses of other years

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7
Q

what are the federal tax rates and brackets?

A

0 - 11,474 - personal exemption 11,474 - 45,282 - 15% 45,283 - 90,563 - 20.5% 90,534 - 140,388 - 26% 140,389 - 200,000 - 29% 201,000 + - 33%

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8
Q

What is the carry forward/carry back of capital losses?

A

Back 3 years, forward forever

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9
Q

What are the superficial loss rules?

A

deny any capital loss if you or spouse sold and reacquire shares within 30 days

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10
Q

What is the carry forward of business losses

A

can be deducted in the year they incurred or carried forward 10 years or back 3 years can be deducted from other types of income, including employment income

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11
Q

How do ABILs work?

A

Can be deducted from ordinary income in the year it is recognized. if it exceeds taxpayers income for the year, the excess will be treated as a non-capital loss and can be carried forward 10 years or back 3 years

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12
Q

What actions will trigger a deemed disposition for tax purposes?

A
  1. Personal residence to income producing property 2. Transfer of property to personal trust (not spousal trust) 3. Transfer of principal residence to a spouse 4. No longer a resident of Canada 5. Death of a taxpayer
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13
Q

What are attribution rules?

A

When property (including money) is gifted to a spouse, income or loss from property and any capital gain or loss on the disposition will be attributed back. For children (under 18) and grandchildren (under 18), only income is attributed back.

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14
Q

What are the exceptions to attribution rules?

A
  1. Transfer property at FMV and report resulting gain. 2. Charge and report interest on the loan. Interest must be at least the CRA’s prescribed rate - and must be paid in each year or by January 30th of following year. (If January 30th deadline passes - that year’s income and all future income from the loaned property will be attributed back to the lender).
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15
Q

How are stock options taxed when granted if a CCPC?

A

No tax until employee disposes the shares (provided the employee is not related to the controlling shareholders of the company).

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16
Q

How are stock options taxed when granted from a public company?

A

Options exercised prior to Feb 28, 2000 - differnce between grant and exercise price taxed as employment income in year of exercise Options exercised after Feb 29, 2000 -Employees do not have to pay tax until they actually sell their shares (subject to $100,000 vesting limit) as long as they do own more than 10% of the shares of any class or related to corporation.

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17
Q

What is an RCA?

A

Retirement Compensation Arrangement - premium pension plan, it allows for large contributions relative to other retirement plans. Cannot be related to corporation.

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18
Q

Are spousal contributions allowed for a TFSA

A

NO

19
Q

What can a commissioned employee expense?

A

Rent, utilities, repairs/maintenance, insurance, property taxes

20
Q

What can a home office employee expense?

A

Rent, utilities, repairs/maintenance

21
Q

What can a self employed person expense?

A

Rent, utilities, repairs/maintenance, insurance, property taxes, interest, CCA

22
Q

How do you calculate the standby charge for employee car use?

A

2% of original cost, or 2/3 of lease cost plus GST for each month it is available for use. Reduction - The standby charge can be reduced if the vehicle is used more than 50% of the time for employment purposes and annual personal driving doesn’t exceed 20,000 km. In this case, the standby charge (as calculated above) is multiplied by the following fraction: Personal km ÷ 1,667 km per 30-day period (to an annual maximum of 20,004 km)

23
Q

How do you calculate the operating benefit for employee use of car?

A

2016 is 26¢ per kilometre of personal use. If the car is used more than 50% for employment, it can be one-half of the standby charge

24
Q

What is a capital dividend account?

A

A notional account representing the cumulative total of non-taxable portions of various income (insurance proceeds, tax exempt portion of capital gain, dividends received from other Cdn corporation). A private corporation can pay a dividend out of this account, and the shareholders receive the payment tax free.

25
Q

What is Part IV Tax and how does it related to RDTOH?

A

A private corporation must pay Part IV Tax in the amount of 33 1/3% of all taxable dividends received by it (unless the dividends were received from a payor corporation that was connected with it. Even if the payor corporation is connected with it, the private corporation must pay Part IV tax on its share of any refund received by the connected payor corporation as a result of paying the dividends). All Part IV Tax is included in the RDTOH and is refundable to the corporation when it pays out taxable dividends at the same rate of $1 for every $3 it pay

26
Q

What are the various business valuation methods?

A
  1. Discounted cash flow 2. Multiple of earnings or sales method 3. Liquidation value method
27
Q

When can you get a current tax credit for giving life insurance to a registered charity?

A

Transfer ownership of a whole life policy with a CSV )CSV will be the current tax credit). Charity will receive the proceeds. Transfer ownership of term life policy to charity and pay the premiums.

28
Q

What are the implications of dividend vs. salary being received as income?

A

Dividend: Higher taxable income (gross up) Not considered earned income for RRSP purposes Paid from after tax dollars Salary: Reduces corporate income increases RRSP contribution room Subject to CPP premium payments

29
Q

What is a capital gain reserve?

A

When you sell capital property, and the proceeds from the sale will not all be receivable in the year of sale - you can defer a portion of the capital gain by claiming a reserve. You need to report at least one-fifth of your taxable capital gain must be reported in the year of sale and each of the following four years.

30
Q

When do you need a GST/HST number?

A

When you are self employed with income greater than $30,000 (total) in last consecutive 4 quarters

31
Q

What is the carry back/carry forward of non-capital losses?

A

Back 3 years

Forward 20 years

32
Q

What is the CCPC Tax Rate?

A

38%

Small Business Deduction - 17% on $500,000 of active business

10% abatement

33
Q

What tax does a taxable private corporation need to pay on portfolio investments?

A

Not subject to Part I tax

Must pay Part IV tax (33.33%

34
Q

When can the cost of a frachise license be considered an eligible capital expenditure?

A

If purchased for an indefinite period of time

35
Q

What are the minimum monthly installments of a corporation?

A

There are three options you can use to calculate the least amount of tax you have to pay in instalments for the current tax year, based on:

the current year;

the previous year; or

a combination of the previous year and the year before the previous year. (the first two instalments can be calculated as 1/12 of the corporation’s instalment base for its second-last taxation year, and the next 10 instalments can be based on the corporation’s instalment base for the immediately preceding taxation year after deducting the first two instalments.)

36
Q

When are current year tax installments due for coprporations?

A

Instalment payments are due on the last day of every complete month of your tax year,

or of every complete quarter if you are an eligible small CCPC.

37
Q

When do you need to sell securities when trying to utilize capital losses against capital gains earned during the year?

A

Fourth last business day of December

Settlement is T+3

38
Q

What is the time limit for filing an objection to a tax return?

A

Later of:

One Year after filing deadline, or

90 days after CRA mailed notice of assessment

39
Q
A
40
Q

What can you do with net capital losses in the year of death?

A
  1. Carry back 3 years against capital gains. If any left, reduce other income on the final return, the return before the year of death, or both.
  2. Reduce other income on the final return, the return for the year before the year of death, or both returns.
41
Q

When are gains from pursonal use proprety reported on the tax return?

A

When ACB and POD are greater than $1,000

When ACB < $1000 - ACB is deemed to be $1,000

When POD < $1000 - POD is deemed to be $1,000

42
Q

What is tax avoidance vs. tax evasion?

A

Tax avoidance: results when actions are taken to minimize tax, while within the letter of the law, those actions contracene the object and spirit of the law.

Tax evasion - typically involves deliberately ignoring a specific part of the law.

43
Q

If one dies with unused RRSP contribution room - his executor or personal representative can make a contribution to:

A

A spousal plan (not into the RRSP of the person who died).