Tax Tips for the Physician and Physician in Training 2018 edition for use in preparation of 2017 tax returns - MD Financial Management
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Tax Tips for the Physician and Physician in Training Tax Tips for the Physician and Physician in Training i Tax Tips for the Physician and Physician in Training 2018 edition for use in preparation of 2017 tax returns
Tax Tips for the Physician and Physician in Training Contents Introduction.........................................................................1 Tax Credits and Deductions For Practicing Physicians... 10 What’s New for 2017?.........................................................1 Union, Professional and Other Dues.......................... 10 Tax Tips for the Physician and Physician in Training ii The 2017 Federal Budget .............................................. 1 Malpractice (CMPA) Premiums.................................. 10 Proposed Tax Changes Impacting Private Calculating Taxable Business Income........................ 10 Corporations.................................................................. 1 Cell Phone Use............................................................. 10 Moving Expenses..........................................................11 Tips for Filing Your Personal Income Tax Return.............. 2 Charitable Donations.................................................. 12 Federal Income Tax Brackets........................................2 Public Transit Passes................................................... 12 Who Should File?...........................................................2 Province of Residence...................................................3 If You’re a Salaried Employee............................................ 12 When to File...................................................................3 Canada Employment Tax Credit................................. 12 Late Filing Penalties.......................................................3 Vehicle Use................................................................... 12 Auto-Fill Your Tax Return...............................................3 Additional Tax Considerations for Filing Electronically Via Netfile.....................................3 Practising Physicians....................................................... 13 Filing Via Efile.................................................................3 Goods and Services Tax/Harmonized Sales Tax....... 13 Remember Provincial Tax Credits................................3 Incorporation............................................................... 13 Tax Planning Opportunity.............................................4 Tax Credits and Deductions For Families....................... 14 After You File....................................................................... 4 Marital Status.............................................................. 14 Keep All Receipts...........................................................4 Claim Your Spouse’s or Common-Law Partner’s Assessments, Audits and Reassessments..................4 Unused Tax Credits...................................................... 14 Retention of Books and Records..................................5 Claim an Amount for an Eligible Dependant............. 14 Canada Caregiver Tax Credit...................................... 14 Tax Credits and Expenses for Medical Students and Residents..................................................................... 5 Canada Child Benefit (CCB) Program....................... 15 Tuition Fees, Education and Textbook Tax Credit........5 Child Care Expenses.................................................... 15 Provincial Tax Credits and Tuition Children's Fitness and Arts Tax Credit....................... 16 Cash-Back Programs....................................................6 Adoption Expense Tax Credit...................................... 16 CaRMS Application Registration Fees.........................6 Registered Savings Plans................................................ 16 Examination Fees...........................................................6 Registered Retirement Savings Plans........................ 16 Scholarships and Bursaries..........................................6 Registered Education Savings Plan............................ 17 Medical Officer Training Plan........................................6 Tax-Free Savings Account........................................... 17 Interest on Student Loans............................................ 7 Disability Plans and Programs........................................ 18 Books and Instruments................................................. 7 Disability Tax Credit..................................................... 18 Medical and Dental Expenses....................................... 7 Home Accessibility Tax Credit.................................... 18 Refundable Medical Expense Supplement..................8 Registered Disability Savings Plan............................. 18 Government Benefit Programs......................................... 8 Taxpayer Information from the CRA............................... 19 Employment Insurance and Canada Pension Plan Contributions.................................................................8 Tax Forms Available at the CRA Website.................... 19 Availability of Employment Insurance Benefits..........8 Tax Resources Available from the CRA...................... 19 Maximum EI and CPP Contributions...........................9 CRA Problem Resolution Program (PRP).................. 19 Employment Insurance Changes.................................9 A Word of Caution............................................................ 19 Proposed Enhancements to the Canada Beware of Income Tax Scams..................................... 19 Pension Plan...................................................................9 Tax Advice Provided by the CRA................................. 19 Working Income Tax Benefit.........................................9 The First-Time Home Buyers’ Tax Credit.....................9
Tax Tips for the Physician and Physician in Training Introduction Like medicine, tax law is complex and often requires the involvement of qualified professional advisors, such as a tax accountant and/or tax lawyer. Tax Tips for the Physician and Physician in Training 1 The information in this publication is provided as a guide for all physicians and physicians in training in Canada who are completing their respective personal income tax returns. It is not intended, nor can it be relied upon, to offer complete advice for every particular situation. You are strongly encouraged to seek professional assistance to resolve your particular tax and financial situation. All tax legislation, tax rates and credit amounts included in this guide are based on information available as of January 1, 2018 (except where otherwise noted). The information contained in this guide does not replace advice from a professional tax advisor. What’s New income sprinkling with family members by way of corporate dividends, holding passive investments inside a for 2017? private corporation, and strategies for converting a private corporation’s regular income into capital gains. The private corporation proposals sparked debate across the country and saw extensive lobbying efforts by THE 2017 FEDERAL BUDGET the Canadian Medical Association (CMA) and many provincial medical associations as well as farmers and On March 22, 2017, Finance Minister Bill Morneau other small business owners. presented the second federal budget for the Liberal government. The budget proposed a variety of tax and In mid-October, Minister Morneau released a number of other financial measures, including consolidating the statements abandoning some proposals and amending existing caregiver credit, infirm dependent credit and others. In addition, he announced a reduction in the small family caregiver tax credit into a new Canada caregiver business tax rate, from 10.5% to 10% starting in 2018 credit. It also proposed to eliminate the public transit tax and a further reduction to 9% in 2019 for Canadian- credit and to make certain changes to allowable medical controlled private corporations (CCPCs), an action that expenses and the Disability Tax Credit. However, the was not considered in the original proposals. impact of these changes was overshadowed by the release of the federal government’s consultation paper As part of its October 2017 announcements, the on private corporations several weeks later. government reconfirmed its intention to proceed with income sprinkling proposals that would eliminate the income-splitting benefits associated with the payment PROPOSED TAX CHANGES IMPACTING PRIVATE of dividends from a private corporation to certain family CORPORATIONS members, if these family members have not made On July 18, 2017, the federal government issued a reasonable contributions to the business. In December consultation paper targeting three areas of the Income 2017, the government announced further guidance in an Tax Act (Canada) which it felt were allowing the wealthiest effort to help simplify the number of circumstances in Canadians to obtain unfair tax advantages by using which the new reasonableness test would have to be private corporations. The three targeted areas included considered and to introduce several new exclusions from 1
Tax Tips for the Physician and Physician in Training these rules. While these newly proposed income sprinkling measures are effective as of January 1, 2018, Tips for Filing they are not expected to become law until the 2018 federal budget process. Your Personal The most controversial proposal, however, relates to Income Tax Return Tax Tips for the Physician and Physician in Training 2 the taxation of passive investment income earned by a private corporation and, more specifically, to tax deferral FEDERAL INCOME TAX BRACKETS strategies that may allow for significant investments to One of the most significant expenses you will incur during accumulate within a private corporation. Rather than your professional career will be federal and provincial proceeding with its initial plan to increase the overall income taxes. For 2017, up to 54% of your taxable income effective tax rate on investment income earned by a could be paid in the form of income taxes (depending on private corporation to a rate in excess of 70% in some your province or territory of residence and income level). instances, Minister Morneau stated in October 2017 that It’s important to take advantage of all available the government intends to introduce an annual passive deductions and tax credits to minimize the taxes you pay income threshold of $50,000 before any investment and maximize your cash flow and financial position. income becomes subject to the proposed higher tax rates. While there is still no indication of the date on which these The federal personal income tax brackets and rates for proposals will become effective, the government has 2017 and 2018 are outlined in the following table. indicated that existing corporate investments assets will be grandfathered, and are therefore not expected to TABLE 1: FEDERAL INCOME TAX RATES be impacted by these proposals. Further details, as well as draft legislation, are anticipated to be released in the 2017 FEDERAL 2018 FEDERAL 2018 federal budget. TAXABLE TAX TAXABLE TAX INCOME RATE INCOME RATE The proposal impacting the conversion of income to capital gains was abandoned. $0–$45,916 15% $0–$46,605 15% The implications of the consultation paper’s proposals $45,917–$91,831 20.5% $46,606–$93,208 20.5% have been concerning for both business owners and their $91,832–$142,353 26% $93,209–$144,489 26% professional advisors. People who may be affected will need to consider how to comply with the dividend $142,354–$202,800 29% $144,490–$205,842 29% sprinkling proposals and how to respond to the passive income proposals when released. However, until further $202,801 and up 33% $205,843 and up 33% clarity is provided by the government and tax legislation for passive investments is introduced, physicians are WHO SHOULD FILE? encouraged to continue with their current corporate investment strategies and to work with their advisors to Generally, you are required to file an income tax return if monitor the status of these proposals. you have “taxable” income in a given calendar year. Many medical students may choose not to file a tax return, as their income would not exceed $11,635, the 2017 basic personal exemption. However, by completing a tax return, based on income thresholds, you will ensure your eligibility for the goods and services tax/harmonized sales tax (GST/HST) credit, the Canada Child Benefit and certain provincial tax credits. Manitoba, Quebec By completing a tax return, you and Ontario, for example, provide refundable tax credits for rent or property taxes paid by residents of those will ensure your eligibility for the goods respective provinces in a given calendar year. and services tax/harmonized sales tax You may also wish to file a tax return to document and carry forward excess tuition/education/textbook (GST/HST) credit, Canada Child amounts, moving expenses or eligible student loan interest tax credits. Finally, filing an income tax return Benefit and certain p rovincial will ensure that the Canada Revenue Agency (CRA) has an up-to-date contribution limit calculation for your tax credits. registered retirement savings plans (RRSPs). 2
Tax Tips for the Physician and Physician in Training Tax returns can be filed electronically or via paper filing. AUTO-FILL YOUR TAX RETURN Blank tax return forms can be obtained from the CRA Since the 2015 taxation year, the CRA has provided an website, from a local CRA Tax Services office or at many “Auto-fill my return” feature. This allows individuals and Canada Post outlets. If using pre-printed forms, ensure authorized representatives who are using compatible you use the correct province and that the printed name certified tax software to automatically fill in parts of their and social insurance number (SIN) are correct. Tax Tips for the Physician and Physician in Training 3 current-year income tax return, based on information slips that have been filed with the CRA. Most information slips (e.g., T4 and T5 slips) will be received by the CRA by early March. However, T3 slips, which are issued for The 2017 deadline for filing mutual funds and exchange-traded funds, are often not available until the end of March. income tax returns is April 30, 2018. "Auto-fill my return" can be used by anyone who is registered for the CRA’s online service, My Account, and who uses compatible certified tax preparation software. PROVINCE OF RESIDENCE Make sure to file a tax return for the province in which FILING ELECTRONICALLY VIA NETFILE you resided on December 31 of the tax year. Generally Most taxpayers can file their T1 tax returns online via the speaking, you reside in the province to which you have CRA’s program, NETFILE. Use of NETFILE (which is also the strongest residential ties. For example, if you are offered by Revenu Québec) requires that tax returns completing medical school at Memorial University in filed online first be prepared using CRA-certified tax Newfoundland but your residential ties are to Ontario, preparation software or an approved web application. you will likely have to file an Ontario personal tax return. Unlike previous years, the taxpayer no longer requires a web access code to file a return via NETFILE. Instead, WHEN TO FILE only your social insurance number and date of birth are necessary. However, before filing online, your information, The 2017 deadline for filing income tax returns is including your address, must be up to date. April 30, 2018. If you are expecting a refund, you may file your return once all receipts and tax slips are collected, expediting your cash refund. If you are expecting to owe FILING VIA EFILE additional taxes, you may still file early, but postdate your EFILE is an automated service provided by the CRA that cheque for on or before April 30, 2018. This helps you permits tax preparation services or accountants who avoid the last-minute “crunch” and delays payment until prepare and file taxes on behalf of others to electronically legally required. file your income tax return to the CRA directly from the software used to prepare the tax return. Individuals who are self-employed (or whose spouse or common-law partner is self-employed) have until June 15, 2018, to file their 2017 personal income tax return. REMEMBER PROVINCIAL TAX CREDITS However, if there is a balance of tax owing on their 2017 All provinces and territories calculate provincial taxes income tax return, the amount is payable by April 30, 2018. according to their provincial rates multiplied by provincially defined “taxable income” (i.e., tax-on-income). LATE FILING PENALTIES Consequently, the respective province/territory also offers its own tax credits for such items as donations, If you owe money to the CRA for the taxation year and medical expenses, political donations and other items. fail to file your personal tax return by the due date, the Be sure not to forget to complete the provincial income Income Tax Act (Canada) has a first offence late filing tax forms. penalty of 5% of the tax owing plus 1% per month to a maximum of 12 months, for a total penalty of 17% of the tax owing. Similarly, if you fail repeatedly to file income tax returns after having been requested to do so, additional penalties may apply. Note: Interest and penalties paid to the CRA are not tax deductible and are not eligible for a tax credit. 3
Tax Tips for the Physician and Physician in Training TAX PLANNING OPPORTUNITY If you finished medical training in 2017 and plan to After You File practise later in the year, you may have a unique KEEP ALL RECEIPTS tax planning opportunity. Consider these scenarios: Keeping accurate records is 1. I f you are relocating from a province with higher Tax Tips for essential forthe Physiciantax successful and Physician in Training planning. 4 provincial income tax rates to one with lower taxes, An eligible deduction or tax credit you may consider relocating prior to December 31 can be disallowed by the CRA if the and becoming resident in the “lower-tax” province supporting receipt or documentation is not available. prior to year-end. In this case, your entire annual Accurate and complete records can also minimize time income (possibly with the exception of self- spent on future assessments, reassessments or audits. employment income as discussed below) will be subject to the lower rates of the new province of residence, potentially generating significant ASSESSMENTS, AUDITS AND REASSESSMENTS tax savings. Once filed, a paper income tax return usually takes about four to six weeks to be processed (two to four weeks if 2. A lternatively, if you are relocating to a province with you have filed via NETFILE or EFILE). You will then receive higher provincial or territorial income tax rates, a “Notice of Assessment” and any refund payable to you. you may want to delay actual relocation until after This “assessment” is simply a check on your arithmetic December 31 to ensure lower provincial/territorial as well as a cursory confirmation that the numbers on income tax rates will apply to the year’s income. your return are supported by the submitted receipts Certain exceptions may apply for self-employment and information slips. The fact that a particular claim is income. allowed does not mean that the CRA (or Revenu Québec) is “letting” you claim it; it merely means that the CRA has If you are resident in one province on December 31 and not addressed the issue in any detail at the present time. your self-employment income was earned and can be allocated to a permanent establishment in a different Sometime after the initial assessment, your return province, provincial tax may have to be allocated to may be selected for an audit. Most audits of individual multiple provincial jurisdictions. taxpayers are “desk audits,” in which the auditor will ask you to supply supporting material for claims you have Determining province of residence can be complex. If made. If the audit reveals an indication that your you are self-employed or if you are unsure about which tax payable should be other than that originally assessed, province will be considered your province of residence the CRA will issue a “Notice of Reassessment.” for tax purposes, be sure to speak with your tax advisor. A reassessment cannot normally be issued more than three years after the date of the original assessment, unless there is a suspicion of fraud or misrepresentation attributable to “neglect, carelessness or willful default,” whereby a reassessment for any taxation year may be issued. Determining province of residence can If you disagree with a reassessment, a wise first step is to be complex. If you are self-employed or contact a CRA representative by phone to discuss the issue(s); most disputes are resolved through a simple if you are unsure about which province phone conversation. If you are unsatisfied with this will be considered your province of outcome, you should speak with your tax advisor about other options such as filing a "Notice of Objection." residence for tax purposes, be sure to speak with your tax advisor. 4
Tax Tips for the Physician and Physician in Training RETENTION OF BOOKS AND RECORDS The CRA recommends that all taxpayers, including Tax Credits employees, self-employed individuals and incorporated businesses, keep their records and supporting and Expenses for documents for at least six years from the end of the last Medical Students Tax Tips for the Physician and Physician in Training 5 tax year to which they relate. However, certain records such as supporting documents regarding acquisitions and Residents and disposals of property, the share registry and other historical information that would have an impact upon TUITION FEES, EDUCATION AND TEXTBOOK sale or liquidation or wind-up of a business must be kept TAX CREDIT indefinitely. Tuition fees paid during medical school or a residency Maintaining organized books and records is not only program are not deductible but may be eligible for a 15% legally required but also necessary to avoid time- federal non-refundable tuition tax credit. Obtain Form consuming document searches in the future when T2202A from your university to determine allowable responding to requests for information or assessments tuition costs. Keep in mind that fees paid for admission, from the CRA. Permission must be obtained from the application, use of library or laboratory facilities, CRA to destroy any books and records before the end of examinations (including re-reading) and diplomas, as the six-year period from the end of the last tax year to well as mandatory computer service fees and certain which they relate. academic fees, qualify as eligible tuition fees. Other tuition fees (e.g., for ATLS courses and certain LMCC preparation courses) may also qualify for the tax credit. Contact the course administrators for further details and be sure to obtain appropriate documentation for these courses from them. Up to and including 2016, in addition to a tuition tax credit, students may have been able to claim an education tax credit. Full-time medical students could generally claim a federal non-refundable education tax credit equal to 15% of $400 per month of enrolment in a Tuition fees paid during medical qualifying educational institution (or $120 per month for part-time students). school or a residency program are not Similarly, until the end of 2016, a student may have been deductible but may be eligible for a able to claim a non-refundable textbook tax credit equal to 15% of $65 or $20 for each month they were entitled 15% federal non-refundable tuition to claim an education tax credit as a full-time or part-time tax credit. student, respectively. The federal education and textbook tax credits have been eliminated for tax years after 2016. Provincial credits, however, may still apply. The transition rules for federal and provincial tuition, education and textbook tax credits are complicated. If they apply to you, consult your tax advisor. Should a medical student not be required to use their entire tuition credit in the current year to reduce their tax owing to nil, these remaining credits may be transferred to an eligible person (e.g., a spouse or common-law partner or, under certain restrictions, a parent or grandparent) up to a maximum of $5,000. 5
Tax Tips for the Physician and Physician in Training Students can carry forward indefinitely unused tuition tuition tax credit receipt will be available in late February and education tax credits. This allows them to use the 2018). Those taxpayers will be able to access the receipt credit when they have sufficient income (i.e., usually by logging into their MCC-Online account. The tax receipt during residency). Any amount not used in the current will appear in their account and will be available to print. year by the student and not transferred to an eligible person will be automatically available to carry forward. Note: Tax Examination Tips fees paid for the Physician andfor the United Physician States in Training 6 However, once income is sufficient to use the unused Medical Licensing Examination (i.e., USMLE Parts I, II, tax credits, the credits must be applied to reduce and III) have been disallowed by the CRA. taxes payable. Qualification for the education tax credit will be detailed SCHOLARSHIPS AND BURSARIES on the respective resident or student’s Form T2202A. If you receive money from scholarships, fellowships and Although Form T2202A does not need to be filed with the bursaries, you can exclude these funds from your income return, it must be available if requested by the CRA. if they are related to your enrolment at a designated educational institution in a program that would otherwise allow you to claim the full-time education tax credit. The PROVINCIAL TAX CREDITS AND TUITION amount of money received cannot exceed what would CASH-BACK PROGRAMS reasonably be required to support you in the program. A number of provinces offer tax credits and incentives to Part-time students are also eligible for the scholarship university graduates who wish to live and work in their exemption; however, the maximum exemption is respective provinces. Be sure to consult your tax advisor generally limited to the lesser of the scholarship amount, to determine the impact these incentives may have on or $500 plus the cost of tuition and program material. your personal income tax return. As medical students are generally enrolled in full-time programs, which entitle them to an education tax credit, CaRMS APPLICATION REGISTRATION FEES all scholarships and bursaries should generally be tax- All applicants to the Canadian Resident Matching Service exempt. Residents and fellows may also benefit from (CaRMS) are required to pay a registration fee and tax-free status of all scholarships and bursary income applicable taxes. The fee for the match includes if they are, in fact, entitled to an education tax credit. applications to eight programs. There is a charge for However, even though a post-secondary program that each additional residency program selected above the consists principally of research will be eligible for the initial eight. Per its website, CaRMS states that because education tax credit, the scholarship exemption will be it “provides an application service and not actual available only if the program leads to a college diploma, educational services, it does not meet the eligibility or a bachelor’s, master’s or doctoral degree. Therefore, requirements to be certified as a private education post-doctoral fellowships will generally be considered institution and is therefore unable to provide official tax taxable. receipts.” However, these receipts should be retained and provided to your accountant or tax preparer. You are not required to report any exempt scholarship and bursary amounts on your income tax return. However, you may wish to retain supporting EXAMINATION FEES documentation (e.g., Form T4A), in case it is requested The Medical Council of Canada (MCC) grants a by the CRA. qualification in medicine known as the Licentiate of The provisions of the Income Tax Act (Canada) the Medical Council of Canada (LMCC) to graduate regarding bursaries and scholarships can be confusing. physicians who have satisfied the eligibility requirements If in doubt, discuss your particular situation with your and passed the Medical Council of Canada Qualifying tax accountant. Examination Parts I and II. The MCC registers candidates who have been granted the LMCC in the Canadian Medical Register. MEDICAL OFFICER TRAINING PLAN According to the website for the Medical Council of During medical training, many physicians join the Canada at the time of publication of this document, Canadian Forces as part of the Medical Officer Training examination fees are eligible for a tuition tax credit. In Plan (MOTP). Not only do these physicians remain addition, certain ancillary fees, such as centre change with the Forces after medical training but a significant request fees or late fees—up to a maximum total of percentage apply to do specialty training as active $250—are also eligible. Tuition tax credit receipts are members of the Armed Forces. Furthermore, it is not made available in late February of the year following the uncommon for these physicians to serve overseas in year in which the examination was taken (i.e., the 2017 a variety of high-risk operational missions. 6
Tax Tips for the Physician and Physician in Training If you are a member of the Canadian Forces serving in a MEDICAL AND DENTAL EXPENSES deployed operational mission that is assessed for risk The first year of residency can be the best time to incur allowance pay at level three or higher (as determined by any medical, dental and eye care expenses that you may the Department of National Defence), you can deduct have avoided during medical school. Not only could from your taxable income the amount of your mission- some of these costs be partially or fully covered by your related employment earnings up to a maximum rate of Tax Tips for the Physician and Physician in Training 7 employer’s health insurance, but also you may be able to pay earned by a non-commissioned member of the claim a portion of the expenses (i.e., the portion that is Canadian Forces. not paid by an insurance plan) as a non-refundable On May 18, 2017, amendments to the Income Tax Act medical expense tax credit. (Canada) were proposed with the intention to exempt the For 2017, qualifying medical expenses in excess of either salaries of all Canadian Armed Forces personnel deployed $2,268 or 3% of your net income (whichever is less) are on named international operations (regardless of the eligible for a 15% federal non-refundable tax credit, which mission’s risk score) from federal income tax, up to and can be used to reduce your taxes payable. Your income in including the pay level of lieutenant-colonel. This is a your first year of residency will likely be the lowest of your change from the tax relief provided in present legislation, future career, and the latter restriction (i.e., 3% of your which is based on the risk score of a particular mission, net income) will likely apply to you in that respective tax with no relief for lower-risk missions. This measure is year. Nevertheless, exercise caution if you have significant intended to be retroactive to January 1, 2017. tuition and education tax credits that you are carrying Be sure to speak with your tax advisor if this applies to forward from prior years. Available tuition and education your situation. tax credits must be used before any medical expenses to reduce your taxable income. Talk to your tax advisor if you have any concerns. INTEREST ON STUDENT LOANS The CRA also allows the deduction of medical expenses All students may claim a 15% federal non-refundable for any 12-month period ending in the year of the tax tax credit on payments of the interest portion of loans return. You may claim medical expenses for yourself, negotiated and still existing under either the Canada your spouse or common-law partner and your or your Student Loans Act, the Canada Student Financial spouse’s or common-law partner’s children who are not Assistance Act or a similar provincial/territorial loans age 18 before the end of the taxation year. In certain program. Interest paid on any other loans such as bank circumstances, you may also be able to claim a credit for loans or lines of credit are not eligible for this credit. allowable medical expenses you (or your spouse) paid Provincial non-refundable tax credits may also apply. for another eligible dependant. Certain restrictions apply; If you had eligible student loans in 2017, the financial therefore, be sure to consult a tax advisor. institution handling your Canada or provincial student In the last few years, CRA has made many changes to loans will mail you, in early 2018, a statement of the allowable medical expense including allowing: actual interest paid on these loans during the year. This statement or receipt should be kept as support for the interest paid. ••phototherapy equipment for treating psoriasis or certain other skin conditions BOOKS AND INSTRUMENTS ••medical marijuana if the person is authorized under the Controlled Drug and Substances Act to purchase or Since income received during medical school or produce this drug residency is generally income from employment, students and residents, for the most part, cannot deduct ••vehicle modification to enable wheelchair-bound individuals to drive a motor vehicle the cost of books and instruments. When you begin practice, you may transfer these items to your business at their fair market value. The business may then be able In addition, the 2017 federal budget stipulated that claims to deduct or depreciate these items (as applicable) to for reproductive technologies where the patient did not achieve a tax benefit. Keep all your receipts for books have a medical condition preventing conception are now or instruments. allowable medical expenditures. Such costs for 2007 and later years are allowed and the taxpayer may request adjustments of previous returns. If you feel this may apply to you, consult your tax advisor. 7
Tax Tips for the Physician and Physician in Training In a 2017 Tax Court appeal in Alberta, alternative medical treatments, including massage therapy, were disputed as Government eligible medical expenditures. Eligible medical expenses are those provided by a “medical practitioner,” which Benefit Programs requires regulation of that respective health care provider by legislation and varies by province. In this case, EMPLOYMENT INSURANCE Tax Tips for the Physician and Physician in Training 8 massage therapists are regulated in British Columbia, AND CANADA PENSION PLAN Ontario, Newfoundland and New Brunswick, so their CONTRIBUTIONS respective fees would be eligible for a federal tax credit. Residents, fellows and some medical students are In other jurisdictions, such as Alberta, massage salaried employees and, as such, are required to make therapists are not regulated and such a claim was denied contributions to both employment insurance (EI) and the in the proceedings. For those interested, CRA provides a Canada Pension Plan (CPP). Employees will not only find listing of medical practitioners on its website. these deductions on their pay stubs but also see them listed on the T4 form they receive from their employers Recently, the CRA has considered the eligibility of every year. Both CPP and EI contributions qualify for additional expenses: non-refundable federal and provincial tax credits. ••Special dietary requirements. Although there is no provision to allow a taxpayer to claim the cost of Since the employer must match the employee’s CPP contributions, physicians who are self-employed are organic food as a medical expense, individuals with obligated to contribute both the employee and the celiac disease may claim the incremental costs employer share. associated with the purchase of gluten-free products as a medical expense. Self-employed physicians are not required to make EI contributions. However, recent changes in the EI rules ••Service animals. The cost of acquiring and caring for a service dog or other animal is eligible as a medical allow self-employed taxpayers, as defined in recent measures, to voluntarily enter into an agreement with the expense for an individual who is blind or profoundly Canada Employment Insurance Commission to become deaf; has severe autism, diabetes or epilepsy; or has eligible for special benefits. a severe and prolonged impairment that markedly restricts the use of his/her arms or legs. AVAILABILITY OF EMPLOYMENT INSURANCE You can find an extensive list of eligible medical expenses BENEFITS on the CRA website. Since residents and fellows have paid EI premiums, those physicians who have completed their program of study REFUNDABLE MEDICAL EXPENSE SUPPLEMENT but find themselves unable to find work may be eligible and may apply for employment insurance benefits. Once you have determined that there is an amount Recipients of EI benefits whose income exceeds $64,125 eligible for a non-refundable medical expense credit, may be required to repay a portion of their benefits. you may be entitled to an additional refundable amount. However, a claimant who was paid regular EI benefits for Although certain conditions must be met, this medical less than one week in the past 10 years prior to the expense supplement will apply whether or not you have taxation year, as well as those receiving special benefits, tax payable. For 2017, a refundable medical expense including maternity, parental or sickness benefits, are not supplement amount of up to $1,203 is generally available required to repay benefits regardless of their income. Any to individuals over the age of 18 who have incurred high possible repayment is made via the federal income tax medical expenses and have combined family return, and a deduction in the calculation of net income employment and business income of at least $3,514. will be allowed. Many provinces have a unique medical expense supplement calculation on their respective provincial worksheets that accompany each provincial T1 personal income tax return package. 8
Tax Tips for the Physician and Physician in Training MAXIMUM EI AND CPP CONTRIBUTIONS premiums payable by employees on the new higher For 2017, the maximum employee CPP contribution is earnings limit. A gradual phase-in beginning in 2019 and $2,564.10 (based on maximum pensionable earnings of completed in 2025 is proposed. $55,300), while the 2017 maximum annual EI premium amount is $836.19 (based on maximum insurable WORKING Tax Tips forINCOME TAX and the Physician BENEFIT Physician in Training 9 earnings of $51,300). Low-income individuals over the age of 18 may claim the For 2018, the EI premium rate will increase from 1.63% Working Income Tax Benefit (WITB), a refundable tax to 1.66% and the maximum insurable earnings will credit equal to 25% of their working income over $3,000, increase to $51,700 for a maximum annual EI premium subject to a maximum of $1,043 for a single individual of $858.22. For 2018, the maximum employee CPP and $1,894 for a family or a single parent. Working contribution is $2,593.80 (based on maximum income includes both employment and/or business pensionable earnings of $55,900). income and the credit is reduced by 15% of the individual’s adjusted net income over $11,838 or a family’s or single parent’s adjusted net income over EMPLOYMENT INSURANCE CHANGES $16,348. Of note, a supplement to the regular WITB is Per the 2017 federal budget, a new caregiver benefit will available to taxpayers who qualify for the Disability provide eligible caregivers up to 15 weeks of EI benefits Tax Credit. while they are temporarily away from work to support or care for a critically ill or injured family member. In an October 24, 2017, news release, in conjunction with the 2017 Fall Economic Statement, the Department of In addition, enhanced EI parental benefits will allow Finance announced that the Working Income Tax Benefit parents to choose to receive EI parental benefits over an (WITB) will be further increased starting in 2019, as part extended period (up to 18 months) at a lower benefit rate of the enhancement of the Canada Pension Plan. (33% of average weekly earnings). Also, women will now be able to claim EI maternity benefits up to 12 weeks WHO IS INELIGIBLE? before their due date, instead of the previous standard The WITB is not available to individuals who were of eight weeks. enrolled as full-time students at a designated educational institution for more than 13 weeks in the taxation year, unless the individual had an eligible dependant. PROPOSED ENHANCEMENTS TO THE CANADA PENSION PLAN FIRST-TIME HOME BUYERS’ TAX CREDIT On June 20, 2016, the federal Department of Finance announced that the federal, provincial and territorial First-time home buyers purchasing a qualifying home finance ministers had reached an agreement in principle may claim a federal non-refundable First-Time Home to strengthen the CPP commencing January 1, 2019. Buyers’ Tax Credit (FTHBTC) equal to 15% of up to $5,000 in the year of acquisition. This can result in a tax The proposed bill envisions an increase in CPP retirement savings of up to $750. To qualify as a first-time home benefits and maximum pensionable earnings as well as a buyer, a buyer and his or her common-law spouse or deduction, rather than a tax credit, for the increased CPP partner may not have owned or lived in another home owned by either spouse in the current or four preceding calendar years and must occupy the home as a principal residence within one year of the purchase date. The home must also qualify under the Home Buyer’s Plan. When two people jointly buy a qualifying home, the total First-time home buyers purchasing a FTHBTC claimed cannot exceed $5,000. qualifying home after January 27, The credit is also available in respect of a home acquired by an individual who is eligible for the Disability Tax Credit 2009, may claim a non-refundable (DTC), or by an individual for the benefit of a DTC-eligible relative, if the home is acquired to enable the DTC-eligible First-Time Home Buyers’ Tax Credit person to live in a more accessible dwelling. (FTHBTC) of up to $5,000 in the Similar incentives may also be available in certain provinces, including British Columbia, Saskatchewan year of acquisition. This can result in and Nova Scotia. a tax savings of up to $750. 9
Tax Tips for the Physician and Physician in Training Tax Credits For salaried physicians of Quebec, Ontario, Manitoba, New Brunswick, Saskatchewan, Alberta, British Columbia and Deductions and Newfoundland and Labrador, CMPA fees (less any rebate from a provincial reimbursement or other for Practising program) should generally be deductible. For salaried Tax Tips forof physicians the Physician the andprovinces remaining Physicianand in Training 10 territories (i.e., Physicians Nova Scotia and Prince Edward Island as well as Nunavut, the Yukon and the Northwest Territories), the net fees paid may be deductible as an employment expense if the UNION, PROFESSIONAL AND OTHER DUES physician obtains a completed Form T2200 from their Amounts paid for membership (required to maintain a employer stipulating that CMPA membership is a professional status recognized by statute) in medical condition of employment and the employee does not associations or the college of physicians and surgeons of receive reimbursement for their expenses. a respective province or territory are generally deductible for tax purposes. Union dues, such as those paid to a Whether you are in residency or not, it is important to provincial residency association (e.g., PARO, Resident know that in all jurisdictions in Canada, provincial/ Doctors of Saskatchewan, Maritime Resident Doctors, territorial governments and medical associations or etc.) are also generally deductible. Your official receipts federations have negotiated reimbursement agreements from the union or society are not required to be filed with that are intended to offset some of the cost of liability your tax return; however, be sure to retain them in case protection. This long-standing arrangement reflects an they are requested by the CRA. agreement between physicians and governments to include, in lieu of other payments for clinical services, Other payments for membership in professional some of the cost of liability protection in the overall organizations may be deductible as a business expense. compensation of physicians. For further details, contact If in doubt, contact your tax advisor. your provincial or territorial medical association. Note: Be sure to discuss the deductibility of CMPA MALPRACTICE (CMPA) PREMIUMS premiums with your tax advisor. The annual membership fee paid to the Canadian Medical Protective Association (CMPA), less any rebate from a CALCULATING TAXABLE BUSINESS INCOME provincial reimbursement or other program, is generally deductible as an expense against business income Income earned from limited locums or from instructing earned as a self-employed medical practitioner. However, Advanced Trauma Life Support (ATLS) or Advanced for employees (e.g., residents or salaried fellows), to be Cardiovascular Life Support (ACLS) courses is taxable. deductible for tax purposes, the Income Tax Act (Canada) However, reasonable expenses incurred to earn that requires that annual dues be required to maintain a income may be deductible when calculating business professional status recognized by statute. income. Your tax specialist can help ensure all eligible expenses are claimed. You may also want to consider paying a reasonable salary to a spouse or child for their services in helping you earn your self-employment income. This could result in income-splitting advantages if that family member is in Whether you are in residency or not, a lower marginal tax bracket than you are. it is important to know that in all Be sure to speak with your tax advisor prior to implementing any income-splitting strategy. jurisdictions in Canada, provincial/ territorial governments and medical CELL PHONE USE For residents and medical students who are required to associations or federations have obtain and maintain cell phones in the performance of their duties, the percentage of airtime expenses that negotiated reimbursement agreements reasonably relates to earning employment income may be deductible as an employment expense. The amounts which are intended to offset some paid to connect or license the cell phone and the cost of of the cost of liability protection. fees for internet service, however, are not deductible. Tax Tips for the Physician and Physician in Training 10
Tax Tips for the Physician and Physician in Training Past discussions with representatives of the CRA have MOVING EXPENSES revealed that the requirement for a cell phone should be If you have relocated at least 40 kilometres closer to a expressly stated in the contract of employment. However, new work location or to attend full-time post-secondary a situation where the necessity for a cell phone is tacitly education in the past tax year, you may be able to deduct understood, outside of the contract, may be acceptable. allowable moving expenses against employment income Nevertheless, the requirement for a cell phone should be Tax Tips for the Physician and Physician in Training 11 earned at the new location and, for students, against documented on Form T2200. Be sure to retain all taxable scholarship or grant income. receipts, records and vouchers for eligible employment expenses in case they are requested by the CRA. Allowable moving expenses that cannot be deducted in the current year, due to an income limitation, may be carried In recent years, the CRA has commented on the issue of cell forward to a following tax year and applied against income phone and data usage for employment purposes. As cell in that year. Although you are not required to file receipts, phone minutes can be linked directly to employment you must be able to provide them to the CRA upon request. activities, a deduction may be available. When a cell phone is used exclusively for employment, with no For purposes of deducting expenses incurred in a move personal use, the CRA indicated that a basic service to a school location, it is important to keep in mind that plan may reasonably reflect the actual cost and can such moving expenses cannot be deducted if your only be deductible. income at this location is scholarship, fellowship or bursary income that is entirely exempt from tax. However, when there is personal use, the allocation between personal and employment costs must be Eligible moving costs include: supported by documentation of the use of minutes and data. Although a breakdown of minutes may be provided by a supplier, a similar breakdown of data used (between ••Travel costs, transportation costs for belongings and meals during travel, as well as lodging for a reasonable personal and employment) is typically not available. As a period while you are waiting for the new residence result, the CRA stated that, in such a case, no portion of (usually up to 15 days). the costs incurred for data would be deductible. ••Lease cancellation costs as well as the costs of selling a former residence, including advertising, notarial or legal fees, real estate commissions and mortgage penalties (i.e., if the mortgage was paid off before maturity) are eligible. ••Ifyour you or your spouse or common-law partner has sold old residence, you may also deduct the cost of any taxes on transfer or registration of title to a new residence (exclusive of any goods and services value- If you have relocated at least added tax), together with legal fees associated with the purchase of the new residence. 40 kilometres closer to a new work location or to attend full-time post- ••Costs of obtaining utility connections and disconnections, and of revising documents to reflect the change of address should also be eligible. secondary education in the past tax year, you may be able to deduct ••Ifmove, you are unable to sell your residence prior to the eligible expenses may also include mortgage interest, property taxes, insurance premiums and utility allowable moving expenses against costs (up to a $5,000 maximum) paid on the vacant old residence for the period during which reasonable income earned at the new location. efforts were made to sell that residence. Note: The deductibility of moving expenses is a complex issue and should be discussed with your tax advisor. Additional information regarding moving expenses is available on the CRA website. 11
Tax Tips for the Physician and Physician in Training CHARITABLE DONATIONS Historically, the first $200 of eligible donations made to a If You’re a qualifying charity was entitled to a federal non-refundable tax credit equal to 15%, with any excess contributions Salaried Employee entitled to a non-refundable tax credit of 29% (which is CANADA EMPLOYMENT Tax Tips for the Physician and Physician in Training 12 equal to what was formerly the highest rate of personal TAX CREDIT tax for federal purposes). That being said, as a result of the new top tax bracket of 33% that took effect in 2016, All employees can claim a federal every dollar of eligible donations in excess of $200 will non-refundable employment tax credit to help cover their garner a non-refundable tax credit at a rate of 33% to the work-related expenses. Taxpayers may claim a credit extent that the individual has income that is subject to equal to 15.0% of their employment income for the year, the new top rate of 33% (otherwise a maximum credit of up to a maximum of $1,178. The maximum amount is and 29% will continue to apply). will continue to be indexed for inflation thereafter. If you and your partner make separate contributions to VEHICLE USE charity, consider claiming all your donations on a single return; you will only have to deal with the lower tier once If your employer requires you to use your own vehicle (as opposed to twice if donations were claimed away from your ordinary site of employment (i.e., your individually). This leaves more money above the $200 respective department at the hospital) and you did not limit eligible for the higher-tier tax credit. receive a reimbursement or tax-free allowance to cover your costs, you may be entitled to claim a deduction for If you’re a first-time donor, you may be entitled to a 40% the portion of your vehicle expenses incurred to earn federal non-refundable tax credit for donations of $200 employment income. For example, a number of family or less and a 54% federal non-refundable tax credit for medicine residents are required to use their vehicles to the portion of donations over $200, but not exceeding perform house calls away from their “home” hospital and $1,000. Certain conditions apply. The first-time donor’s have completed the necessary documentation to claim a super credit is a temporary measure set to expire pro-rata share of automobile expenses. after 2017. If you qualify, you can claim the employment portion of all operating costs related to the vehicle: gas, oil, PUBLIC TRANSIT PASSES repairs/maintenance, insurance, licence fees, cleaning If you use public transit, you may be able to claim a and depreciation. Interest on car loans and leasing costs federal non-refundable tax credit equal to 15% of the cost are deductible within certain limits. You will need to of eligible public transit passes. You can claim this credit track and record the number of kilometres used for for yourself, your spouse or common-law partner, or a employment purposes. You will need to file Form T777 child under the age of 19 years on December 31. with your tax return, and your employer will have to sign Form T2200 to verify you were required to use your Per the 2017 federal budget, however, the federal public automobile for work. Both forms are available from any transit tax credit will be eliminated as of June 30, 2017. CRA office or the CRA website at http://www.cra-arc. Therefore, any public transit costs incurred after this date gc.ca/E/pub/tg/t4044. Although you are not required to will not be eligible. file Form T2200 with your return, be sure to retain this form in case it is requested by the CRA. 12
Tax Tips for the Physician and Physician in Training Additional Tax As on-call stipends for physicians are not uncommon, this ruling may have a significant impact on those Considerations respective physicians. In addition, the amounts of the on-call premiums, either alone or in combination with for Practising other GST/HST-chargeable activities (e.g., director Tax Tips for stipends, the Physician teaching and Physician or researching roles,inpreparation Training of 13 Physicians legal reports to insurance companies, block and annual fees, expert medical opinions, cosmetic surgical and medical procedures, etc.) may exceed the $30,000 GST GOODS AND SERVICES TAX/HARMONIZED SALES TAX threshold (over a period of four consecutive quarters), at The GST is a value-added tax instituted by the federal which point the physician may be required to register and government on January 1, 1991, throughout the country. collect GST/HST. When some provinces decided to harmonize their provincial sales tax with the federal government’s to save GST/HST is complex, and the application of the above- on tax administration costs, the HST was instituted. HST noted interpretation is still ongoing. If you feel GST/HST is a combination of the 5% federal goods and services tax obligations may apply to you, see your tax advisor. and the provincial sales tax. INCORPORATION As most services provided by physicians are considered exempt services under the Excise Tax Act, physicians are Fortunately, many residents completing their training will unable to claim input tax credits for the tax they pay, have an opportunity to incorporate their future medical which may result in an increased cost of operations. practice. One of the most significant benefits of Physicians may wish to review their contractual and incorporation is tax deferral, as the tax rate applied to billing arrangements to ensure they’re satisfied with the active business income earned and retained within a tax status of those services and consider restructuring corporation can be significantly less than personal them to reduce the amount of unrecoverable HST that income tax rates. For 2017, if a corporation qualifies as a may be payable. For further advice, consult with your Canadian-controlled private corporation (CCPC), the first tax advisor. $500,000 federally (provincial small business limits may vary) of active business income may qualify for a small In 2016, the CRA commented that a stipend paid by a business deduction and a reduced overall federal hospital to a medical specialist for agreeing to stay close corporate tax rate of 10.5%. In a statement made in to the hospital, so as to be available on an on-call basis, October 2017, Minister Morneau announced plans to was taxable consideration for the supply of property to lower this rate to 10.0% in 2018 and to 9.0% in 2019. The the hospital rather than for a supply of an exempt general federal corporate tax rate on income exceeding medical service. Although any consideration that can be the small business deduction is 15%. Provincial taxes, directly linked to a specific patient may be exempt, this which vary by province, must also be calculated on the interpretation appears to suggest that the bulk of “on- business income. call” stipends may attract GST/HST. While professional incorporation will continue to be advantageous for many physicians, these potential benefits will be altered by tax proposals presented in the July 18, 2017, federal consultation paper on private corporations. However, at the time of writing this publication, the proposed measures have yet to be entirely finalized by the Department of Finance and many unanswered questions remain. If you are incorporated, or One of the most significant benefits are considering incorporating your medical practice, you should discuss the implications of these proposed of incorporation is tax deferral, as measures with your financial advisor and tax accountant. the tax rate applied to active business income earned and retained within a corporation can be significantly less than personal income tax rates. 13
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