Tax Planning and Small Business Flashcards

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1
Q

When is the deadline for filing tax return?

A

Employees: April 30
Self-employed: June 15
Estate: June 15th or 6 months later after death, whichever is later
Trusts: 90 days after fiscal year end
Corporation: 6 months after fiscal year end

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2
Q

What is tax credit?

A

A “tax credit” is a dollar-for-dollar reduction in the amount of tax that must be paid.

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3
Q

What is a non-refundable tax credit?

A

A non-refundable tax credit can only be used to reduce federal or provincial/territorial taxes payable to zero. (For example, basic personal credit, age credit, charitable donation etc.).

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4
Q

What is the gross up and federal tax credit for an eligible dividend?

A

38% gross and 15.02% dividend tax credit.

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5
Q

What is the gross up and federal tax credit for an ineligible dividend?

A

15% gross and 9.03% dividend tax credit.

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6
Q

What is the basic orders of calculating taxable income?

A

Total Income
- Allowable deductions (RRSP contributions, child care expenses etc.)
- Additional Allowable deductions (net capital losses etc.)
= Taxable Income

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7
Q

What are federal tax brackets?

A
$13,808 to $49,020     15%
$49,020 to $98,040    20.5%
$98,040 to $151,978    26%
$151,978 to $216,511     29%
Over $216,511                33%
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8
Q

What is capital cost?

A

The initial cost of acquiring the asset.

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9
Q

What is Undepreciated Capital Cost?

A

This represents the amount left after deducting CCA from the capital cost of a depreciable property. Each year, the CCA claimed reduces the UCC of the property.

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10
Q

What does capital cost allowance refer to?

A

Basically depreciation of a property.
Only 50% of original cost can be claimed CCA the year of purchase.
Maximum CCA = Net Rental Income

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11
Q

When would a Recapture of CCA occur?

A
  • If an asset’s salvage value is greater than its UCC, then a recapture of CCA occurs.
  • Or if UCC - the lesser of FMV or Capital Cost = negative amount
  • This recapture amount is added to the net income
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12
Q

How long can an allowable capital loss be used to offset capital gains?

A

Carryforward and carryback – Back 3 years, forward forever.

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13
Q

What is superficial loss rule?

A
  • Superficial loss occurs when securities, sold at a loss, are repurchased within 30 calendar days before or after the sale, and still held at the end of 30 days after the sale.
  • This is not tax deductible.
  • This loss, however, can be added to the new ACB, which will either decrease future CG or increase CL.
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14
Q

What is non capital loss?

A
  • Losses resulted from costs exceeding revenues.
  • Can be carried back 3 years and forward 20 years.
  • Can offset any type of income.
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15
Q

What is Allowable Business Investment Loss?

A
  • Basically it is 50% of the business investment loss

- Is a type of non-capital loss, but different in a way that it can be carried back 3 years, and 10 years forward only.

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16
Q

What are the tax consequences of allowable business investment losses (ABILs)?

A
  • ABIL may be deducted from ordinary income in the year it is recognized.
  • If an ABIL exceeds a taxpayer’s income for the year, any excess will be treated as a non-capital loss that may be carried forward 10 years or back 3 years.
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17
Q

What would trigger a deemed disposition?

A
  1. Personal residence to income producing property
  2. Transfer to a Personal Trust
  3. Transfer of a Principal Residence to a spouse
  4. No longer a resident of Canada
  5. Death of a taxpayer
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18
Q

When would income attribution rules apply?

A

Basically anytime there’s an effort in diverting income from a high tax bracket family member to a family member in a lower tax bracket.

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19
Q

What are the exceptions in regards with income attribution between spouses?

A
  1. If you transfer for fair market value and report the resulting gain. Transferor has also made an election to opt out of the rollover provisions.
  2. To avoid the attribution rule you must charge and report interest on the loan. The interest rate must be at least equal to the CRA’s prescribed interest rate at that time and paid each year.
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20
Q

What is the attribution rule between parents and children under 18?

A

Where property is transferred or loaned to a child, there will be attribution of income (or loss), but not of capital gains or losses.

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21
Q

What is the attribution rule between parents and adult children?

A

Generally, if property is gifted income is not attributed back to transferor. If property is loaned and the main reason for the loan was to achieve income splitting and thereby reduce taxes, the income will be attributed back to the lender.

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22
Q

What is a stock option?

A

Stock options provide employees with the right to acquire shares in the company at a stated price for a stated period of time.

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23
Q

How is benefit for stock option taxed if the company is Canadian-controlled private corporation (CCPC)?

A
  • No income tax consequences until the employee disposes of the shares.
  • The difference between FMV at the exercise time and the option price will be taxed as employment income (taxable benefit).
  • The employee can claim a deduction equal to half of this amount.
  • Half of the difference between the final sale price and FMV at the exercise date will be reported as a taxable capital gain or allowable capital loss, which can be qualified as capital gains deduction for shares of a qualified small business corporation.
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24
Q

How is stock option benefit taxed if company is a public company and not CCPC?

A
  • Employee has to report a taxable employment benefit in the year the option is exercised (which is the difference between FMV and option price).
  • A deduction equal to half the taxable benefit is allowed.
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25
Q

How can charitable donation benefit income tax?

A

Federal charitable donation tax credit is 15% on the first $200 of eligible donations, plus 29% of the amount in excess of $200 (raised to 33% depending if income is over $214,368).
Credit can be claimed up to 75% of net income, or 100% of net income in the year of death or the year prior to death.
Donations can be carried forward up to 5 years, or backward 1 year in year of death.

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26
Q

What are flow through shares?

A
  • Flow-through shares are issued by exploration or mining companies, similar to common shares.
  • Investor can deduct exploration and development expenses incurred by the mining company against his/her personal income from any source.
  • Investors can also claim a tax deduction equal to the cost of the flow through shares.
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27
Q

What are three types of income trust?

A
  1. Real estate investment trust (REIT)
  2. Royal/energy trust
  3. Business trust
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28
Q

What is Alternative Minimum Tax?

A

A taxpayer would be liable for AMT if the tax that would owe under the AMT rules exceeds the tax payable under normal rules.

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29
Q

Is there an exempted amount under AMT?

A

There is a $40,000 exemption in calculating your taxable income under AMT.
A taxpayer must pay the higher of either the regular income tax or the AMT.

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30
Q

What would be the common adjustments to calculate AMT?

A
  1. add back the non-taxable portion of capital gains.
  2. add back losses claimed from tax shelters, limited partnerships, and non-active partners.
  3. add back depletion allowances and other expenditures related to resource property and flow-through shares.
  4. restrictions on claiming the federal political tax credit and the investment tax credit.
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31
Q

How to claim home office expenses against business income for self-employed people?

A

Home office expenses can only be deducted from the business carried on in the home and cannot be used to create a business loss.
Eligible expenses that you cannot use in the year they are incurred can be carried forward to subsequent years.

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32
Q

Can employed people claim home office expenses?

A

Home office expenses that you can claim are restricted as an employee. If you own your home, your deductions are limited to the maintenance of the premises. You cannot deduct mortgage interest or any depreciation on your home.

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33
Q

How can a commissioned salesperson claim home office expenses?

A

If you are a commission salesperson, your deductions may include property taxes and insurance. If you pay rent, a proportionate amount of the rent is deductible.
Basically can claim anything like self-employed but interest and CCA.

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34
Q

What are two components of automobile taxable benefit?

A

The standby charge, and the operating cost benefit.

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35
Q

How to reduce the standby charge?

A

A standby charge consisting of 2% of the automobile’s original cost.
A proportional standby charge reduction is permitted if the personal use of the automobile is less than 20,000 kms annually; and is used for business more than 50% of the time.

36
Q

How to calculate standby charge reduction?

A
  1. (Kms used personally / $1667 x months used in the year) = % standby charge reduction
  2. Standby charge = (% standby charge reduction) x (2% x Total cost of car)

OR if the car is OWNED by employer:
2% x cost of automobile x # of months available to employee in the year

OR if the car is LEASED by employer:
2/3 x monthly lease costs x # months

37
Q

How to calculate operating cost benefit?

A
  1. 28 cents per km
  2. Half of standby charge if the car is used more than 50% of the time for business
    This can be reduced by amount reimbursed to the employer within 45 days of the calendar year-end.
38
Q

What are forms of business organizations?

A
  1. Sole Proprietorship
  2. General Partnership
  3. Limited Partnership
  4. Corporation
  5. Trust
  6. Foundations/Not-For-Profit Organization
  7. Professional Associations/Corporations
  8. Joint Ventures
  9. Franchises
39
Q

What conditions for a business to become a qualified small business corporation?

A
  • For at least 24 months, more than 50% of business’ assets FMV are used principally in the active business; at the time of the sale, the 50% requirement increases to 90%.
  • To receive the small business tax rate on net income up to $500,000, the business must generate income from an active business in Canada and be a Canadian-controlled private corporation.
40
Q

Which business is not qualified for the small business tax rate?

A

Personal Service Businesses and Specified Investment Businesses are not eligible for this rate.

41
Q

What is a capital dividend account?

A

The capital dividend account is a notional account representing the cumulative total of the non-taxable income (such as insurance proceeds, the tax exempt portion of a capital gain or dividends received from other Canadian corporations).

42
Q

What would happen when a shareholder receives funds from the capital dividend account?

A

A private corporation may elect, to pay its shareholders a dividend out of its capital dividend account, which shareholders receive tax free.

43
Q

What is lifetime capital gain shares exemption limit?

A

As of 2021, the LCGE allows an individual to exempt $892,218 of CCPC shares’ capital gains from taxation.

44
Q

What is Part IV Tax?

A

Refer to dividends received by Canadian corporations that are usually not subject to tax. “Part IV tax” was introduced to encourage CCPC to pay out dividends to shareholders.
CCPC would receive the dividends, pay 38 1/3% tax into a Refundable Dividend Tax On Hand account. 0.38 will be reimbursed to CCPC for every $1 dividend paid to shareholders from this account.

45
Q

What are common buy-sell agreements?

A
  1. Criss cross agreement: Each partner owns a life insurance policy on the other’s life.
  2. Corporate buy back agreement: The corporation buys insurance, is the owner and also beneficiary.
46
Q

What are the common business valuation methods?

A
  1. Discounted cash flow
  2. Multiple of earnings of cash flow
  3. Liquidation value
47
Q

What tax deductions can an individual claim?

A

1) Union dues
2) Professional liability insurance premiums or membership fees (only the fees to maintain the status, NOT initiation or assessment fee)

48
Q

What is minimum tax recovery?

A

If a taxpayer had to pay Alternate minimum tax the year before, they can recover a part of this tax if their normally calculated tax for the next 7 years exceeds this AMT amount.

49
Q

Would minimum tax be applied year of death?

A

No. In year of death, the deceased’s tax would be calculated as normal.

50
Q

What is the Principal Residence Exemption formula?

A

Exemption = [Capital Gain x (1 + years as principle residence)] / years of ownership
*Note: the “+1” only applies when there is more than 1 property

51
Q

What happens when you change the use of a property?

A

Deemed disposition would apply (sold and bought at same FMV).

52
Q

What are the rules under income sprinkling or tax on split income?

A

Kids under 18 would pay highest marginal tax rate on split income. Or any family members (or individuals not within arm’s length and have no contribution) would be taxed at the highest marginal tax rate if the intention is to divide income among family for lower tax bill.

53
Q

When would the tax on split income rule not apply for business owners?

A
  1. Business’ owner spouse, given the owner is over 65, who has been meaningfully contributed to the business;
  2. Kids over 18 who work for the business at least 20 hours a week (however it’s only reasonable to receive salary and not dividend if they don’t own any shares; if they do, it is reasonable to receive a salary and dividend);
  3. Kids over 25 who own 10% or more of the business and business is not a professional corp (eg. dentist, lawyer, accountants etc.).
54
Q

How to calculate how much deductions can be applied under superficial loss rule?

A

For example, 500 shares were bought for $10, less than 30 days later they were sold for $6. Then in the next 10 days, 300 shares were bought at $8 and held for more than 30 days.
Loss = $6 - $10 x (500 shares) = $2000
Deduction canNOT be applied = $2000 x (300/500) = $1200
Allowable capital loss = 50% x ($2000 - $1200) = $400

55
Q

Does an employee have to report auto related cost reimbursed by his company as income or taxable benefit?

A

No, but only if the reimbursement is a reasonable amount.

Meaning it’s less than $0.59 cents/km for the first 5000 km and $0.53 cents/km after that.

56
Q

How to calculate CCA?

A

CCA = (Original cost - Claimed CCA in previous years) x CCA%

*Note: land cannot be claimed CCA, and half of original cost can be claimed for CCA the first year

57
Q

What happens when you sell a personal use property?

A

Capital gain can be triggered but capital loss is nil.

58
Q

Can you claim capital loss on property transferred in kind to RRSP?

A

No, even though you have to report any taxable capital gain.

59
Q

What is the tax credit for Labor Sponsored Investment Fund?

A

15% from federal credit. Provincial credit varies.

LSIF shouldn’t be contributed in kind to RRSP as it will result in a deduction = contribution - credit only.

60
Q

What happens when you transfer assets LOWER than FMV to your spouse?

A
  • Transferee receives at price paid
  • Transferor realizes deemed disposition at FMV
  • -> Property income and CG/CL attributed to transferor
  • -> Double taxation once spouse/transferee finally sells the asset
61
Q

What happens when you transfer assets MORE than FMV to your spouse?

A
  • Transferee receives at FMV
  • Transferor realizes deemed disposition at price paid
  • -> No attribution
  • -> Double taxation when transferee finally sells the asset
62
Q

What are the things to remember about pension income splitting?

A
  1. Pension income splitting: high earner allocates 50% of their pension income eligible for pension credit to the lower earner. Needs to be elected by both each year.
  2. Eligible pension income 65 years or older: life annuity payments, RRSP, RRIF payments, and DPSP payments.
  3. Eligible pension income under 65: life annuity payments, and RRSP RRIF DPSP payments only if it’s a result of a death of a spouse.
  4. Ineligible pension income: OAS, CPP, retiring allowances, lump sum RRSP withdrawals etc.
63
Q

What is the assignment of retirement pension (pension sharing)?

A
  • CPP benefit can be shared between spouses for the years they’re together.
  • They have to be together, and 60 years or older.
  • Only one has to be receiving CPP.
64
Q

In what cases where attribution rules don’t apply for transfer between spouses?

A
  1. Transfer asset at FMV.
  2. Give funds to spouse to contribute to TFSA.
  3. Give or loan funds to spouse to generate active business income.
  4. Loan funds to spouse and charge reasonable interest (at least = CRA prescribed rate).
65
Q

When can a parent transfer asset to a child without triggering deemed disposition while alive?

A
  • When transferring a qualified farm or fishing property to a child, parent can rollover at ACB.
  • Child then can sell it later and takes advantage of the $1M LCGE.
66
Q

What is a Specified Investment Business?

A

Business that has less than 5 employees, earns passive income and ineligible for Small Business Tax Deduction.

67
Q

What are corporate tax after 10% federal abatement?

A

15% federal tax for non-qualifying corporation and 9% federal tax for qualifying corporation (CCPC with active income).
Plus 10% provincial tax = 25% for non-qualifying and 19% for CCPC.

68
Q

What is SMABUD (Small Business Deduction) rate?

A
  • Can only be claimed by CCPC (about 19% to bring federal tax to 9%).
  • Business has to have less than $15m of taxable capital, there’s a SMABUD reduction if between $10m-$15m).
  • Only applies on the first $500k active income.
69
Q

Can self-employed contribute to EI?

A

Yes but on a voluntary basis. This is so they can take advantage of maternity and sickness benefits.

70
Q

What can a self-employed deduct against business income?

A
  1. 50% of work-related meals and entertainment
  2. 100% of work-related expenses such as travel, professional dues, office supplies, internet, cell phone, tax prep fees etc.
  3. % of sq ft of work space/total home space of mortgage interest, utilities, repairs, maintenance, home insurance, property tax.
71
Q

What kind of expenses an employee can deduct against employment income?

A
  1. Professional dues
  2. % of sq ft of work space/total home space of utilities, home office expenses, maintenance ONLY if employee was not given option to work in the office.
72
Q

What kind of expenses a commissioned employee can deduct against employment income?

A
Everything an salary employee can deduct (% of work space x utilities, maintenance, internet) PLUS
- prorated home insurance
- prorated property tax 
- cell phone bill (if work-related)
But NOT mortgage interest
73
Q

What kind of home office expenses a self-employed can deduct against business income?

A

Everything a commissioned employee can deduct PLUS prorated mortgage interest.

74
Q

What is the maximum of losses can a limited partnership or general partnership deduct against other sources of income?

A
  • Limited partner can only deduct up to ACB = 0 (at-risk rule)
  • General partner can deduct to the point that ACB < 0
75
Q

During separation, does income attribution apply between spouses?

A
  • During separation, only capital gains will be attributed, not property income, unless both spouses elect not to have attribution rules apply.
  • Once breakdown is final, all attribution ceases.
76
Q

Is there income attribution between siblings?

A
  • Gifts to siblings do not result in income attribution.

- However loans with no interest to sibling does result in income attribution with property income.

77
Q

How to reduce active business income to qualify full SMADUD?

A
  1. Pay salary or bonus
  2. Contribute to RPP or group RSP
  3. Establish deductible employee program (such as extended health care)

Note: associated corporations must share small business deduction limits

78
Q

How long can capital gains or losses of listed personal use property be carried backward and forward?

A

3 years back and 7 years forward. Can only apply on other gains or losses of other listed personal use properties.

79
Q

When can a corporate lend to a shareholder without having any tax implication?

A

As long as shareholder pays off the loan within a year, it won’t be added to shareholder’s income for the year.

80
Q

What is GRIP?

A

A balance that generally reflects taxable income that has not benefited from the small business deduction or any other special tax rate.
Eligible dividends can be paid from GRIP balance.

81
Q

How is LCGE affected by CNIL?

A

Only gains that exceed cumulative net investment loss (CNIL) are eligible for LCGE.

82
Q

What are a few common clauses in a buy-sell agreement?

A
  1. Shotgun clause: shareholder A offers to purchase shareholder B’s shares at a specified price. Shareholder B can either accept or reject and instead purchase all shareholder A’s shares for the same price.
  2. Right of refusal: one shareholder must make his shares available to other shareholders first before selling them to a third party.
83
Q

What are the tiers of child care deductions?

A

Low income earner has to claim:

  1. $11,000/yr if child is disabled
  2. $8,000/yr if child is under 7
  3. $5,000/yr if child is between 7 to 16
84
Q

When can higher income earner claim child care expense as deduction?

A

When low income earner is in school full time, separated, or incarcerated, in which case:
$275/week for disabled child
$200/week for child under 7
$125/week for child between 7-16
*week turns to month if lower earner is in school part time

85
Q

Can a partner rollover asset at ACB to the partnership as capital contribution?

A

Yes, under section 97 of ITA.

86
Q

What does “no change of use” in property refer to?

A
  • When a property owner rents out her principal residence and intend to occupy it again in 4 years, she can elect a “no change of use” so no CG is realized.
  • A property owner can also include the 4-year period prior to actually living in a place, that was a rental property previously, as non-income producing property. This helps to increase the PRE by increasing # years designated this property as principal residence.
87
Q

What is refundable Part I tax?

A
  • Similar to Part IV tax for dividends but this is for other types of investment income such as interest, rent and capital gains.
  • CCPC receives these passive income, pay 38 2/3% tax, and credit 30 2/3% of these passive income into a RDTOH account.
  • CCPC then pays dividend to shareholders from this RDTOH and gets a refund of 30 2/3% of investment income.