Accounting

rent

Paying Rent to Non-Residents: Withholdings Required (part 1)

In a March 30, 2023 Tax Court of Canada case, the taxpayer was assessed for failing to withhold taxes on rent paid on Canadian real estate to a non-resident. Penalties and interest were also assessed. The information known to the taxpayer was limited to an Italian telephone number on the lease document (with a Canadian number), …

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Gifts Directed to Other Donees: Loss of Charitable Status (part 2)

Please see the first part of the article here If the charity’s disbursement to the municipality was not a qualifying disbursement, the charity could have its status revoked. A qualifying disbursement includes a gift to a qualified donee. A qualified donee includes a municipality in Canada that is registered by the Minister. It is a …

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Gifts Directed to Other Donees: Loss of Charitable Status (part 1)

In some situations, a registered charity may be asked to receive donations on behalf of another organization or cause. While this may seem like a good way to generate funds and reward donors with charitable contribution receipts, it can have serious implications for the charity. A February 1, 2023 Technical Interpretation considered a charity that …

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tax

Budget 2023: Top Five Items for Owner-Managers (part 2)

Please read the first part of the article here Employee ownership trusts (EOTs) – Rules were proposed to better facilitate employees buying their employer through a trust. Proposed to be effective in 2024, these rules would provide business owners with an additional exit strategy, where for example, a third-party buyer or transition to a family …

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managers

Budget 2023: Top Five Items for Owner-Managers (part 1)

Budget 2023 (A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future) was introduced in the House of Commons on March 28, 2023. The top five changes that may impact individuals and owner-managed businesses are as follows:  Dental plan – The Canadian Dental Care Plan would be introduced to provide coverage for all uninsured Canadians …

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UHT

Underused Housing Tax (UHT): Increased Disclosures and Taxes (part 3)

Please see the beginning of the article in our previous posts. Multiple returns to file.   One return must be filed for each of the properties owned by the person, potentially resulting in multiple filings by a person. Likewise, if multiple persons are on title for a single property, each has their own filing obligation.   Private …

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Underused Housing Tax

Underused Housing Tax (UHT): Increased Disclosures and Taxes (part 2)

Please see the first part of the article here Some of the more common questions and concerns related to the UHT are noted below.  Is my property a “residential property”?   In general, a “residential property” is a property that contains a building with one to three dwelling units under a single land registry title. A …

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Underused Housing Tax

Underused Housing Tax (UHT): Increased Disclosures and Taxes (part 1)

UHT is a 1% federal tax intended to apply to the value of vacant or underused residential real property owned by non-resident non-Canadians. However, many Canadian individuals and other entities are also required to file UHT returns and may even be liable for the tax. Numerous exemptions from the tax itself exist, but significant penalties …

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TFSA: Carrying on a Business Within It (Part 2)

Please see the first part of the article here Taxpayer loses The Court noted that TFSAs are one of several statutory schemes, each with its own detailed provisions. Their components are not interchangeable. In comparing TFSAs to RRSPs specifically, the Court cited ten significant differences between the two schemes other than the treatment of business …

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business tax

TFSA: Carrying on a Business Within It (Part 1)

Earnings in a TFSA are typically not taxable. However, earnings in a TFSA become taxable when they are earned from carrying on a securities trading business.  In a February 6, 2023 Tax Court of Canada case, CRA had assessed the TFSA on the basis that it was carrying on a business and was therefore taxable …

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