Canadian Tax Planner - MCR Accounting Inc
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Canadian Tax Planner January 2021 Personal Tax Issues Due to COVID-19 With COVID-19 impacting nearly all aspects of our lives in 2020, it is unsurprising that a number of tax issues have arisen as a result. Many of us were required or chose to work from home. Many incurred costs related to this work. Others may have benefited from the Federal support programs due to loss of employment or business. Regardless, many have novel tax issues that should be considered and planned for prior to filing our 2020 personal tax returns. In this issue of Canadian Tax Planner, we will focus on COVID-19 tax issues as they relate to individuals that were employed for some or all of 2020 and individuals who received some type of support from the Federal Government. Specifically, we will discuss: • PART 1: Employees Working from Home – Tax Deductions • PART 2: Employment Support • PART 3: Other COVID-19 Benefits and Support WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November.
PART 1: Employees Working from Home – Tax Deductions With most of the country under various levels Temporary flat rate (TFR) method of lockdown for different periods in 2020, many employees found themselves working on the kitchen This method will allow eligible employees to claim table, on a sofa, in their bedroom, or, perhaps for a deduction of $2/day they worked from home, to the lucky ones, in a segregated home office. Many a maximum of $400. Days worked full-time or part- incurred additional costs for utilities (due to being time, as well as days worked on the weekend, all home all day), internet, and other such items. count. However, days off, vacation days, sick leave Others may have not necessarily incurred additional days or other leaves or absences do not count. monetary costs, however, employment activities As compared to the historical rules, this is a much encroached on personal space. As a result, many simpler claim requiring no employer certification are asking whether there any compensatory tax nor invoices or receipts to support the expenses deductions that can be made. at home. Historically, the rules to claim expenses against To claim the TFR, the employee must meet all of the employment income for those working from home conditions below: have been very restrictive. For example, if the employee simply chose (as opposed to being • the employee worked from home due to the required) to work from home, no deduction would COVID-19 pandemic; be allowed. Also, if an employee was eligible, the types of deductible expenses were quite limited. As • the employee worked more than 50% of the another example, CRA’s administrative policy only time from home for a period of at least four allowed deducting home internet access fees in consecutive weeks in 2020; very limited situations. • the employee is not claiming any other In December 2020, CRA released significant employment expenses (such as motor vehicle administrative relieving provisions for those expenses or a deduction for tradespersons employees who worked from home for at least a tools); and portion of 2020. CRA has said that this will only • the employer did not reimburse all of the be available for the 2020 year. employee’s home office expenses. If the Two new options have been made available for employer reimbursed some of the home office these employees who wish to claim a deduction on expenses, the employee can still make a claim. their personal tax return: To compute the number of working days for a • Temporary Flat Rate Method – for employees particular period, see the calculator at https:// who claim a flat amount ($2/day to a maximum www.timeanddate.com/date/workdays.html. This of $400). No employer certification is required. website also lets users customize the particular days of the week to select for the period (e.g. if an • Detailed Method – for employees who claim individual only works Mondays and Tuesday, users actual expenses related to working from home, can determine how many of these days are in the supported by receipts. Employer certification period). This will be particularly important as many is required. people who were not working exclusively from home since mid-March will not reach the 200 work For those employees who have employment days required for a maximum claim. For example, expenses other than those related to working from if an individual works Monday through Friday and home, the rules are generally unchanged. WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 2
started working at home on March 16, they will continuous basis for meeting clients, have needed to work nearly every day (other than customers, or other people; public holidays and weekends) until December 31 (depending on the province/territory) to make the • the employee has a completed and signed maximum claim of $400. Form T2200S or Form T2200 from their employer; and Detailed method (DM) • the expenses were used directly in the work As an alternative to the TFR method, eligible during the period. employees can choose to use the detailed method to claim amounts paid for the period that the Eligible expenses employee worked from home. This method requires There are three broad categories of expenses the individual to determine the portion of home related to working from home that can be deducted: expenses that reasonably relates to the work space work space in home, office supplies, and other used for employment purposes. For 2020, if an expenses. Commission sales employees meeting employee has expenses that only relate to working specific requirements have broader access to from home, the simplified employer certification deductible expenses than other employees. T2200S can be used. This is expected to reduce the administrative burden which has been of Work space in home expenses considerable concern to many employers. All employees can claim a portion of electricity, For employees with expenses beyond those related heat, water, maintenance and repair costs, the to working from home, the more extensive T2200 utilities portion of condo fees, and rent related to the is required. use of their work space in home. Commissioned employees can also claim a similar portion of home Whether an individual has other employment insurance and property taxes. expenses or not (and thus has the T2200 or T2200S), the qualification requirements to claim Reasonable maintenance and repair costs relating expenses related to the home, or other eligible directly to the work space can be deducted (e.g. expenses, are the same. light bulbs, or repairing walls of the work space). A portion of amounts relating to the entire home Eligibility is also deductible (e.g. minor repairs to the home To claim expenses related to working from home furnace). No portion of amounts related entirely using the detailed method, all of the conditions to the non-work space portion of the house (e.g. below must be met: painting a child’s bedroom) can be deducted. • the employee worked from home due to the Employees will need to consider both the space COVID-19 pandemic or the employer required and the time that the work space is used for them to work from home; employment. A reasonable portion of home costs, based on the portion of the total finished home • the employee was required to pay for expenses space (including hallways, bathrooms, etc.) used related to the work space in their home; for work can be deducted. • the employee worked more than 50% of the Consistent with CRA’s historical guidance, a time from home for a period of at least four designated work space used exclusively for consecutive weeks in 2020 or the work space employment is not impacted by the absolute number was used exclusively to earn employment of hours that the space is used in the period. income and was used on a regular and WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 3
However, where the work space is not exclusively Other expenses (e.g. cell phone and land line) used for employment purposes, the calculation must be reduced for the non-employment use of CRA has also reiterated that the basic service plan the space. For example, where an employee uses of a cell phone can be claimed if the cost of the their dining room table (dining room constitutes plan is reasonable, the cost has been reasonably 12% of total finished area of home) partially for apportioned between employment and personal employment (40 hours out of the total 168 hours use, the employee can show the cost of cell minutes per week), the employment use would be 2.8% or data, and that they were consumed directly of the home (12% x 23.8% (40 hours/168 total while performing employment duties. Likewise, hours) = 2.8%) for each week. Also, where the the cost of long-distance telephone calls made for work space was only used for a portion of the year, work is deductible. However, monthly basic rent even if there were multiple periods of working from for a landline, cell phone connection and license home, only expenses related to the days or weeks fees, phone cases, phone protection plans, and the working from home can be claimed. purchase of a cell phone are not deductible. When these allocations are fully incorporated, Non-deductible costs the TFR method may generate a comparable or In addition to specific items noted above, capital superior deduction to that available under the expenditures, such as mortgage interest, principal detailed method, especially where the work space mortgage payments, furniture and equipment, had mixed employment and non-employment use. computers and their accessories, other electronics, Internet fees and CCA are not deductible against employment income. CRA has also recently stated that a reasonable employment allocation of home internet access Overall fees is deductible. Broadly, the TFR method is a simpler option. The CRA’s new guidance treats home internet access detailed method is more complex as it requires fees as part of the work space in home expense, detailed support and employer certification. The implying that their deductibility varies with both the detailed method may be better for employees that work space square footage and time use. CRA have significant work space and other employment has verbally stated that this decision was made for expenses, and a large portion of their home is used simplicity, and that another reasonable basis may exclusively for employment purposes. There are be used. usually additional accounting fees associated with the detailed method claim. Many advisors expect Office supplies that the detailed method claims will attract more attention from CRA that the TFR method. CRA has compiled a list (see https://tinyurl.com/ y8l6nytw) of common office supplies, noting which For assistance in selecting the best claim consider ones are deductible (such as toner and printer using CRA’s calculator (https://tinyurl.com/ paper) and those that are not deductible (including y8vdfwd8). many capital assets such as USB keys, headsets and webcams) for employees. Only commission Employee choice to work from home sales employees can claim the lease of a cell phone, CRA has also stated that, if an employer provided computer, laptop, tablet, fax machine, etc. that the employee with the choice to work at home reasonably relate to earning commission income. because of the COVID-19 pandemic, then they WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 4
will consider the employee to have worked from home due to COVID-19, permitting the employee’s claim. The other eligibility conditions must still be met. Employment expenses can only be claimed if the employee is clearly required (not “permitted” or even “strongly encouraged”) to incur them, however, CRA is clearly making an exception for employees who worked from home in 2020 due to COVID-19. Comparing the options – some additional questions Temporary Flat Rate Method Detailed Method Can more than one person If multiple people working from the Where multiple employees are working in a single home claim an same home each meet the eligibility from the same home and share a work amount? criteria, each can make a full TFR space, they should calculate their claim. That is, one claim will not erode respective employment use of the another claim. This is particularly useful space. This will reduce the value for the if more than one person, such as a claim for each individual. couple and their adult children are all working from home. What if the employer As long as the employer did not Any reimbursement will reduce the reimbursed the employee reimburse all of the employee’s costs amount of expenses that are deductible. for some of the costs? related to working from home, and the employee meets all the other eligibility criteria, they can get the full $2/day claim. What if an employee This method is available only to those This would have no impact on the always worked from home individuals who worked from home employee claiming a deduction under and they simply continued due to COVID-19. Therefore, if the this method. to work from home in individual would have worked from 2020? home regardless, they would not be eligible for the TFR method. How does the four-week Once the individual worked from home more than 50% of the time for the one- test work? month (or four-week) period, they will satisfy this condition. If after this, they work from home only sporadically, or less than 50% of the time, they can continue to claim the deduction in respect of the additional days. That means for the TFR, they get $2/day for each day they worked from home, and for the detailed method they can claim the home’s expenses that relate to the work space for the period the employee works from home. Under the detailed method, if the four-week test was not met, the taxpayer could also qualify if the work space was used exclusively to earn employment income on a regular and continuous basis for meeting clients, customers, or other people. How will CRA enforce CRA has not explicitly stated how they will verify eligibility of this claim, other than these claims? noting that they have access to third-party information and may use that in their compliance activities. WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 5
PART 2: Employment Support Employment home office expense equipment or other office equipment was picked reimbursements up so that the employee could work from home. Generally, a reimbursement for the personal Corporate vehicles – standby charge purchase of equipment used for working remotely is a taxable benefit. However, in the spring of 2020, When an employer makes a corporate automobile CRA stated that, in the context of the COVID-19 available for use to the employee, a taxable benefit pandemic, the acquisition of computer equipment is conferred on them. The benefit consists of an may be primarily for the employer’s benefit and as operating expense benefit which captures the such, a reimbursement supported by actual invoices usage benefit, and a standby charge which covers or receipts of no more than $500, would be a non- the cost associated with making the automobile taxable benefit to the employee. More recently, available for the individual’s personal use. CRA extended this position to similarly apply to The standby charge is 2%/month of the original other home office equipment (for example, a desk, cost, or if the vehicle is leased, 2/3rds of the lease office chair, etc.) reimbursed by the employer. The payment. However, a reduced formula is used if $500 limit applies to each employee. If more than the vehicle is driven primarily for business purposes $500 is reimbursed, the amount in excess of $500 and the total personal kilometres driven per year is taxable. is less than 20,004. This charge is reduced by This assumes that the assets are owned and multiplying the total kilometers driven for personal retained by the employee. If they are owned by the use (if under 20,004) divided by 20,004 (if the employer and used at the employee’s home only vehicle was available for the whole year). for the period they must work from home, there As COVID-19 related restrictions and business would be no taxable benefit. declines may have decreased the amount of A non-accountable allowance in respect of the business travel required, some individuals may work space expenses would be taxable. find themselves using the vehicle less than 50% for business, thereby dramatically increasing Commuting costs their standby charge. For example, consider an employee that typically drives a corporate vehicle Where an employee continues working at their 10,000km for business use and 5,000km for regular place of employment (RPE) during the personal use annually. In 2020, the personal use COVID-19 pandemic, CRA will not consider stayed the same, but the busines use dropped to an employee to receive a taxable benefit where 2,000km. Even though there had been no change their employer pays for, reimburses, or provides in personal use, the employee would be subject a reasonable allowance for additional commuting to a full standby charge whereas a 75% reduction costs incurred by the employee. would have been available in the prior year. Where an employee is working from home because On December 21, 2020, the government proposed the RPE is closed, CRA would not consider the a change such that the 2020 and 2021 standby employee to receive a taxable benefit where the charge could be based on the 2019 usage of the employer pays for, reimburses, or provides a automobile. This relief would only be available to reasonable allowance for commuting costs incurred employees who were provided a vehicle by the to allow the employee to travel to their RPE. This same employer in 2019. could be the case, for example, where computer WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 6
Corporate vehicles – motor vehicle home at of the vehicle other than to travel between work night policy and home, and the vehicle must be specifically designed or customized for use in the worker’s CRA also stated that minimizing the employee’s employment and be essential in performing the risk of exposure to COVID-19 during the pandemic employment duties. (e.g. by facilitating social distancing) is a valid business reason for requiring an employee to take However, if the vehicle is an automobile, a standby a vehicle home each night. Provided all the other charge and operating benefit would be assessed, requirements for the “motor vehicle home at night” which would result in significantly more tax. If policy are met, the employer can use the reduced the vehicle is not an automobile, but another kilometric rate (28¢/km in 2020) in computing the requirement for the policy is not met, a reasonable taxable benefit. In other words, if an employee estimate of the fair market value of the employee’s is required to take the corporate vehicle home personal use of the vehicle (including the GST/ nightly, the employee would be subject to a benefit HST and PST) must be calculated. CRA indicated of 28¢/km for every kilometer driven between home that they will accept the legislated deductible per and work. There is a benefit because the corporate kilometer rate for employee allowances (59¢/km vehicle assisted with the personal cost of getting for the first 5,000 km driven, 53¢/km thereafter for between work and home, even if the employer 2020) as the fair market value. required the vehicle to be brought home. Parking One example of a criterion that must be met for this policy to take effect is that the vehicle not be Where the RPE is closed due to COVID-19, CRA an “automobile”. Therefore, a van, pick-up truck, or will not consider an employer-provided parking similar vehicle that is used 90% or more in the year spot at the place of employment to be taxable. acquired or leased to transport goods, equipment Records and support must be retained. or passengers in the course of business, would qualify. In addition, there can be no personal use PART 3: Other COVID-19 Support and Benefits Individuals may have also received support from a tax withholdings have been taken. This means wide variety of entities, however, the most significant that many individuals will have some tax owing. To ones have come from the Federal Government. As estimate the tax bill, many calculators are available such, this section will focus on the taxability and which consider COVID-19 support, other income related issues on Federal programs. and the province of residence. On such example is www.taxtips.ca/calculators/basic/basic-tax- Canada Emergency Response Benefit (CERB) calculator.htm. While many benefits require repayment Up to $14,000 in CERB payments ($500/week) when the total earnings for the year exceed certain could have been received in 2020 if the individual thresholds, this is not the case for CERB. was eligible for the full 28 weeks. These amounts At the time of publication, CRA had commenced will be reported on a T4A. In addition, just like a program to review eligibility for claims under at employment insurance (EI) benefits, these amounts least CERB. If it is determined that the applicant are taxable. However, unlike EI benefits, no income was not actually eligible, full repayment would be WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 7
required. One of the common early areas of focus that individuals will be eligible if they have earned by CRA was examining situations in which the at least that much in the 12-month period prior to $5,000 of previous earnings criterion may not have their first application. Consider an individual that been met. earned $3,000 in December 2020 and $3,000 in January 2021. If they lost the income stream in Employment insurance (EI) February of 2021, they would be eligible because As of September 27, 2020, temporary changes they would have earned $6,000 in the previous to the EI system have been made which provide 12 months. However, CRA may only be aware of a $500 minimum weekly payment for regular the $3,000 earned in 2020 since the 2021 return benefits. Payments are taxable with 10% withheld would not have been filed by the application date. at source. Amounts will be reported on a T4E. This means that CRA may follow-up and ask for support that the remaining required income had Where income from all sources exceeds $67,750 been received by application. (for 2020) the individual will be required to repay 30% of the lesser of: Another area of concern is in respect of individuals becoming ineligible for CRB if they have quit after • net income in excess of $67,750 (for 2020); or September 27, 2020, or refused a reasonable opportunity to work. Quitting without reasonable • the total regular benefits, including regular cause results in complete ineligibility for the fishing benefits, paid in the taxation year. program, while refusing a reasonable opportunity The required repayments are calculated on the to work results in a 10-weeks of lost access to personal income tax return for the year. CRB. If found to be ineligible, benefits received will have to be paid back. Canada Recovery Benefit (CRB), Canada Recovery Sickness Benefit (CRSB), Canada Canada Emergency Student Benefit (CESB) Recovery Caregiver Benefit (CRCB) A benefit of $1,250 was available per four-week Similar to CERB, each of these three benefits pay period for post-secondary students, and recent out $500/week. They are taxable and reported post-secondary and high school graduates. A $750 on a T4A, however, unlike CERB, 10% has been potential top-up was available if the applicant was withheld so less surprises at income tax filing time disabled, had a child under 12, or had a disabled will occur. Another difference is that there is a dependent. These payments are taxable and will $0.50 repayment requirement for CRB for every be reported on T4A slips. The benefit will not be dollar received in excess of $38,000 in net income required to be repaid if annual earnings exceed per calendar year. Net income, for these purposes, certain thresholds. However, like CERB, earnings includes normal earnings (like employment and for the applicable period cannot have exceeded self-employment earnings) in addition to CERB, $1,000. CRSB, and CRCB. However, it does not include Special one-time payments CRB. The repayment requirement is not applicable to CERB, CRSB and CRCB. A number of special one-time/temporary COVID-19 related supplement payments have been made, or CRB, CRSB, and CRCB all require $5,000 will be made, which are non-taxable. They include: of earnings in the prior year. In some cases, an individual may not have earned that much in either 2019 or 2020. However, another possibility is WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 8
Type Amount governments, municipalities, charities, employers or friends/family. The wide breadth of possibilities is OAS/GIS top-up up to $500 accompanied by a wide breadth of tax treatments. GST Credit up to $443 While the issuer will often indicate their opinion on supplement the tax treatment by the type of slip issued, or an Disability Tax Credit up to $600 explanatory webpage or letter, this is not always supplement so. The taxpayer may have to conduct their own 2019-20 Canada Child up to $300 per child analysis. Support broadly fits into one of three Benefit (CCB) top-up categories. 2020-21 CCB top-up up to $1,200 per child Taxable income Canada Emergency Wage Subsidy (CEWS), In addition to salaries and benefits being generally Canada Emergency Rent Subsidy (CERS), taxable, income replacement programs such as 10% Temporary Wage Subsidy (TWS) CERB, CRB and EI are taxable as well. However, While applicants for these programs will generally taxable income is not just limited to these three be larger entities and corporations, it is possible programs. In general, any support received that that sole proprietors may also be eligible for these was intended to replace or mimic these types of subsidies. The amounts received under CEWS taxable income streams are also taxable. Similarly, and CERS are taxable at the end of the period to support received to offset deductible business or which they relate. Therefore, subsidies received by employment costs (such as wage subsidies) is also individuals in 2021 may affect the 2020 tax year. For generally taxable. the TWS, amounts must be included in income in Amounts included in income but deducted from the same as year as the remittances were reduced. taxable income Canada Emergency Bank Account (CEBA), The most common example of this type of income is Canada Emergency Commercial Rent “social assistance”. Social assistance is comprised Assistance (CECRA) of amounts received on the basis of a means, It is CRA’s position that the forgivable portion of the needs, or income test. They include payments loans received under these programs are taxable in for food, clothing and shelter. Such payments are the year in which they were received. Therefore, if generally reported on a T5007 slip. Items which a loan under CEBA (for example) was received in fit into this category have two repercussions of 2020, but was not forgiven until a later point, the note. The income is to be included on the return of taxpayer would still have to pay tax on the forgivable the higher spouse (if married or in a common-law amount with the 2020 return. If the forgivable relationship), and it can also erode income-tested portion was never forgiven, a deduction would be benefits, such as OAS. available in the year in which the forgivable portion Amounts not included in income at all was repaid. There is also an election which allows that income inclusion to be deferred until the next Support that was not related to taxable earning year to offset the expense to which the forgivable endeavors, or which was received in an “individual” portion relates. capacity (rather than employment or shareholder capacity) is generally non-taxable. This could Other benefits received include, for example, a gift from a neighbour. It Individuals may have received a number of is also possible to receive a payment from one’s other types of payments or benefits from a wide employer in an individual capacity rather than as an variety of sources, such as provincial/territorial employee. For example, CRA notes that financial WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 9
assistance payments to employees are received in • The payment is not based on employment their capacity as an individual (non-taxable) if: factors such as performance, position, or years of service. • The individual was affected by a disaster. • The payment is not made in exchange for past or • The payment is philanthropic, to compensate future employment services or to compensate the individual for personal losses or damage he for loss of income. or she suffered during a disaster. • The payment is not the regular salary paid to • The payment is made within a reasonable time an individual who is unable to report to work after a disaster. because of a disaster. • The payment is voluntary, reasonable, and • The employer has not taken a business expense bona fide. deduction for the payment. • The payment is made to an individual dealing While the tax treatment of support will most often with the company at arm’s length. be indicated by the payer in advance, a deeper • The payment is not made to a shareholder, a dive may be required in situations where there is connected person, or a person of influence. uncertainty. CONCLUSION The 2020 year has been like no other in recent history, and consequently, many new tax issues and benefits have resulted. While additional flexibility is afforded in making deduction claims against employment expenses, taxpayers must take care that they meet specific requirements. Likewise, specific criteria must be met to ensure that otherwise taxable benefits, maintain their status as non-taxable for this particular year. Finally, special care should be taken to determine whether all of the other benefits (non-employer provided) are taxable, and in which year. WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 10
WARNING: This information is for educational purposes only. As it is impossible to include all situations, circumstances and exceptions in a newsletter such as this, a further review should be done by a qualified professional. No individual or organization involved in either the preparation or distribution of this letter accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use. Photocopying, replication or any other reproduction of the information contained within the newsletter, for any reason, other than a single page for reference only is strictly prohibited. Copyrighted © Video Tax News Inc. 2021. Date of Issue – January 2021. This periodical is published six times per year in January, March, May, July, September and November. 11
Toll Free: 1-877-438-2057 | Suite 220-9223 28 Ave NW, Edmonton, AB T6N 1N1, Canada | www.videotax.com 12
You can also read