Wednesday, June 17, 2009

Contract Doesn’t Determine Worker Status

Chances are, your business has independent contractors as well as employees. If so, it’s important to be aware that the Canada Revenue Agency (CRA) will determine whether a worker is an employee or independent contractor based on the facts and circumstances, not the wording of any contract you may have with theworker. A contract can help, but it won't override other factors.

The CRA will provide a ruling to determine whether a worker is an employee. The CRA looks at the control the employer has over the work - the more control, the more the worker will look like an employee.

The CRA will examine the facts that fall into three additional categories:
• Ownership of tools. What is the amount invested? What is the value of the tools and equipment? Who pays for the maintenance and rental of the tools and equipment? In an employer-employee relationship, the employer generally supplies the tools and equipment
required by the employee.
• Chance of profit or risk of loss. What is the worker’s financial involvement? Does the worker have the chance to make a profit? Does the worker risk incurring losses due to bad debts, damage to equipment or materials, or unforeseen delivery delays? Does the worker cover operating costs? In an employer-employee relationship, the employer alone assumes the risk of loss.
• Integration. This final factor is analyzed from the point of view of the worker not the payer. What is the relationship of the parties, evidenced by the parties' agreements and actions with respect to each other? Where the worker integrates his activities to the commercial activities of the payer, an employer-employee relationship probably exists.

A well-drafted independent contractor agreement supports your company’s position and serves as a blueprint of the working relationship between your business and the independent contractor. The agreement should include factors that support the classification of the worker as an independent contractor. In addition, it should specifically mention that the worker will not be treated as an employee for federal tax purposes.

Monday, June 1, 2009

Recession officially here, but worst may be over

It's official. We're in a recession.

Confirming what Canadians have known intuitively for months, Statistics Canada announced today the national economy contracted at an annualized rate of 5.4 per cent in the first quarter.

That follows a 3.7 per cent annualized drop in the fourth quarter of 2008 – formally meeting the technical definition of a recession with two consecutive quarters of declining real gross domestic product.

The declaration may finally be on the books but economists have shifted gears. Some are even suggesting the worst of the crisis could be over.

"Now that we do have two quarterly declines in GDP, it is completely official. But I don't think there was a shadow of a doubt as far back as the turn of the year," said Douglas Porter, deputy chief economist at BMO Capital Markets.

If fact, he believes there is reason for hope because the first-quarter decline was less dire than originally feared. Economists had expected a 6.4 per cent drop, while the Bank of Canada had forecast a much sharper decline of 7.3 per cent.

While a 5.4 per cent annualized drop is still nasty by any definition, Canada's economy appears to be faring better than most G7 countries during the global downturn. For instance, the U.S. economy contracted by 5.7 per cent during the same period, while Japan and Germany both recorded double-digit drops, Porter said.

So far, the Canadian downturn appears on par with the last major recession in the early 1990s. That's encouraging given "loose talk" from some experts earlier this year about the potential for a second Great Depression, Porter said. "I think there is reasonable grounds for optimism that it won't end up being as deep as the downturn in the early 1980s," he added.

Economists are now focusing on the timing of the impending recovery even though many are taking a prudent view of its potential strength. Porter is forecasting that second-quarter GDP will also decline but the drop will be "much, much less severe," coming in an annualized rate of 2.4 per cent.

The third-quarter reading could go either way, he said. There could be early signs of mild growth in Canada starting in July or August, but the global economy remains the wild card.
At first blush, the global backdrop appears favourable. Countries around the world have slashed key interest rates to record lows, while earmarking billions upon billions for fiscal stimulus. Some central banks have even embarked on quantitative easing, a radical measure to jump-start economic growth. While there are no guarantees, economists are hoping those drastic measures will begin reaping more favourable results by the end of this year.

For its part, the Bank of Canada has slashed its trendsetting interest rate to 0.25 per cent and has signalled plans to keep it there well into next year. The central bank makes its next interest rate announcement on Thursday. While no change is expected on rates, economists are eagerly awaiting details of the bank's economic commentary, including its views on the Canadian dollar.

By midday, the loonie was up another 0.32 of a cent to 91.92 cents (U.S.). Its rapid ascent in recent weeks could be a stumbling block for the economy as businesses, particularly exporters, grapple with lacklustre demand for goods and services.

Diana Petramala, an economist with Toronto-Dominion Bank, believes the Canadian economy will continue to decline through the second and third quarters of 2009 but is among those arguing "the worst of the recession is now behind us."

"We have seen some signs of hope that a recovery may be near – due to an easing in credit conditions, a possible bottom in the U.S. downturn, and a nice rally in stock markets since March," she said in a research note to clients. "We continue to look for a recovery in the last quarter of 2009."

Even if there is a recovery of GDP, there still could be an extended period of high unemployment, warned Erin Weir, an economist with the United Steelworkers union. That has been the pattern in previous recessions, he said, suggesting ordinary Canadians will continue to face tremendous challenges on the jobs front for some time to come.

"While I think there is room to be optimistic that the worst might be over in terms of gross domestic product, I still fear that we are going to see 10 per cent unemployment in Canada," he said.

"Employers initially start ramping up output again by getting their existing employees to work more hours and by taking advantage of whatever productivity improvements are available. And you need enough economic growth to exhaust both of those avenues before employers return to a state of wanting to hire more workers."

That means Canada's job market may not recover until the economy has seen at least two years of positive GDP growth. "In both the early '80s and the early '90s, it was a matter of years, not a matter of quarters, after the recession that the labour market remained extremely harsh," he added.

Statistics Canada will release its May employment report on Friday. The consensus forecast is for a net decline of 42,500 jobs, a move that could push the unemployment rate to 8.3 per cent.
In April, the Canadian economy actually created 36,000 net positions – a surprising gain that was mostly fuelled by a surge of self-employed individuals. That increase left the national unemployment rate unchanged at 8 per cent, a seven-year high.

At the time, the positive job number baffled economists, who had predicted, on average, a loss of about 50,000 jobs for that month. While it is not yet known whether more Canadians joined the ranks of the self-employed in May, some economists consider the trend to be "disguised unemployment." Despite April's increase, overall employment has plummeted by 321,000 since peaking last October.

Statistic Canada's GDP report, meanwhile, said lower business investment in plant and equipment led to "a sharp decline" in exports and imports.

"Business investment in Canada fell at the fastest rate since 1982. Final domestic demand was down 1.5 per cent as personal spending, particularly on durable goods, continued to decline," the federal agency said. "Corporate and personal income also fell in the quarter."

Adjusted for inflation, GDP dropped by 1.4 per cent in the first quarter, "the largest quarterly decrease since 1991," StatsCan said

Courtesy of Toronto Star

Tuesday, May 19, 2009

Keep The Invoices

Improper input tax credit (ITC) documentation is one of the main reasons for GST/HST reassessments. Proper invoices to support ITCs are required by Canada Revenue Agency auditors.

For example, the input tax credit may be disallowed if only the credit card slip is provided
rather than the actual invoice. The supplier’s GST/HST registration number should be printed
on the source document. Some clients use credit card receipts, bank statements, and cancelled
cheques to substantiate the GST/HST input tax credits. However, none of these documents show the supplier’s GST/HST registration number.

Wednesday, May 13, 2009

Employer-Paid Disability Premiums

If you think that paying for your employee’s disability premiums is always
a good thing, think again. If you provide your employees disability as a
nontaxable fringe benefit, payments they receive upon their disability will
be, in most cases, FULLY taxable to them!

Payments received due to disability are not taxable if:
● Your employees paid the premiums on the policy with after-tax funds, OR,
● You paid the premiums but deducted the amount from their income.

The cost of disability insurance – even over a good amount of time - can be far
less than the tax due on the income received under the policy. Like all insurance,
it all depends on whether you actually collect under the policy.

Friday, March 13, 2009

Home Renovation Tax Credit (HRTC)

The following questions and answers are based on proposed measures announced in the 2009 budget on January 27, 2009, but that have not yet been enacted by Parliament.

1. What is the Home Renovation Tax Credit (HRTC)?
The proposed HRTC is a non-refundable tax credit for work performed or goods acquired in respect of an eligible dwelling.
2. What is meant by eligible dwelling?
An eligible dwelling is a housing unit that is eligible to be an individual's principal residence or that of one or more of their family members, at any time between January 27, 2009 and February 1, 2010. In general, a housing unit is considered eligible to be an individual's principal residence where it is owned by the individual and ordinarily inhabited by the individual, the individual's spouse or common-law partner, or their children. This means that any dwelling that you own and use personally could qualify, including your home or your cottage.
3. What is the eligibility period?
The credit will be based on eligible expenditures for work performed or goods acquired after January 27, 2009, and before February 1, 2010. Expenditures incurred pursuant to an agreement that was entered into before January 28, 2009, will not be eligible for the credit.
4. Who will be eligible for the credit?
Eligibility for the HRTC will be family based. A family will generally be considered to consist of an individual or an individual and his or her spouse or common-law partner, including children who will be under 18 years of age, at the end of 2009. A family will be allowed a single credit that may be shared within the family.
If two or more families share the ownership of an eligible dwelling, each family will be eligible for their own separate credit (i.e. each up to $1,350) that will be calculated on their respective eligible expenditures.
5. How will the credit be calculated?
The credit will only be available for the 2009 tax year and applies to eligible expenditures of more than $1,000, but not more than $10,000, resulting in a maximum credit of $1,350 ($9,000 x 15%).
6. What are eligible expenditures?
To be eligible, expenditures incurred in relation to a renovation or alteration to an eligible dwelling (or the land that forms part of the eligible dwelling) must be of an enduring nature and integral to the dwelling, and includes the cost of labour and professional services, building materials, fixtures, rentals, and permits.
Eligible expenditures must be supported by acceptable documentation.
7. What does the CRA consider to be acceptable documentation?
Documentation, such as agreements, invoices, and receipts, must clearly identify the type and quantity of goods purchased or services provided, including, but not limited to, the following information:
information that clearly identifies the vendor/contractor, their business address and, if applicable, the GST/HST registration number;
a description of the goods and the date when the goods were purchased;
The date when the goods were delivered (keep your delivery slip as proof) and/or when the work or services were performed;
A description of the work performed including the address where the work was performed;
the amount of the invoice; and
proof of payment. Receipts or invoices must indicate paid in full or be accompanied by other proof of payment, such as a credit card slip or cancelled cheque.
To verify whether someone is registered for GST/HST, please consult the GST/HST Registry.
8. If I own both a house and a cottage and incur eligible expenditures for both, are both sets of expenditures eligible for the HRTC?
If you own and use your home and cottage personally, eligible expenditures incurred for both properties will normally qualify for the HRTC. Please note that the maximum amount of eligible expenditures you can claim in respect of the HRTC is $10,000 per family.
9. I am planning to replace my windows in 2009: can I hire my brother-in-law to help me out and still be eligible?
It depends. Expenditures will not be eligible if the related goods or services are provided by a person not dealing at arm's length with the individual, unless that person is registered for the Goods and Services Tax/Harmonized Sales Tax under the Excise Tax Act. So, in your case, if your brother-in-law is registered for GST/HST and if all other conditions are met, the expenditure will be eligible for the credit.
10. Will expenditures for the common areas of condominiums and co-operative housing corporations qualify for the credit?
In the case of condominiums and co-operative housing corporations, the individual's share of the cost of eligible expenditures for common areas will qualify.
11. I rent out my basement. If I renovate the basement for my tenant, will I be allowed to claim the credit?
No. Individuals who earn business or rental income from part of their principal residence will be allowed to claim the credit only for expenditures made for the personal-use areas of the residence.
For expenditures made for common areas or that benefit the housing unit as a whole (such as re-shingling a roof), you must divide the expense between personal use and income-earning use. For further information, please consult the Business and Professional Income Guide or the Rental Income Guide, as applicable.
12. If an eligible expenditure also qualifies for the Medical Expense Tax Credit (METC), will I be allowed to claim both the HRTC and METC?
Yes. Where an eligible expenditure qualifies for the METC the individual will be permitted to claim both the METC and the HRTC for that expenditure.
13. Will the credit be reduced by other government grants or credits that I may receive for the same expenditures?
No. Eligible expenditures will not be reduced by other government tax credits or grants that the individual may be entitled to.
14. Does work performed by electricians, plumbers, carpenters, architects, etc. qualify?
Generally, work performed by electricians, plumbers, carpenters, architects, etc. in respect of an eligible expenditure will qualify. See below for examples of eligible expenditures. If you're planning on hiring a contractor to do construction, renovation, or repair work on your home, the Get it in Writing! Web site has information that will help you.
15. Could you provide me with some examples of eligible and ineligible expenditures?
Yes, some examples are:

Eligible
Renovating a kitchen, bathroom or basement
New carpet or hardwood floors
Building an addition, garage, deck, garden/storage shed, fence
Re-shingling a roof
A new furnace, woodstove, boiler, fireplace, water softener or water heater
A new driveway or resurfacing a driveway
Painting of interior or exterior of a house
Window coverings directly attached to the window frame and whose removal would alter the nature of the dwelling
Laying new sod
Swimming Pools (Permanent - in ground and above ground)
Fixtures – lights, fans, etc.
Associated costs such as permits, professional services, equipment rentals and incidental expenses.

Ineligible
Furniture, appliances, and audio and visual electronics
Purchasing of tools
Cleaning carpets
House cleaning
Maintenance contracts (e.g. furnace cleaning, snow removal, lawn care, and pool cleaning)
Financing costs
16. What types of expenditures will not qualify?
The following expenditures will not be eligible for the HRTC:
the cost of routine repairs and maintenance normally performed on an annual or more frequent basis;
expenditures that are not integral to the dwelling, and other indirect expenditures that retain a value independent of the renovation;
expenditures for appliances and audio-visual electronics; and
financing costs.
17. Do I have to submit any supporting documents with my income tax return?
No. However, you must ensure that this information is available, should it be requested by the CRA.
18. How will I claim the HRTC?
A new line will be incorporated in the 2009 personal income tax return to allow you to claim the credit.
19. Where can I get more information about this new tax credit?
Additional information will be posted on the CRA's Web site as it becomes available. In the meantime, please see the Department of Finance's Budget 2009 documents for details.
20. The Budget also mentions the ecoENERGY Retrofit – Homes grant. What is it and how can I obtain more information?
The ecoENERGY Retrofit – Homes grant is administered by Natural Resources Canada. The grant applies to a host of measures that reduce energy consumption and provide for a cleaner environment. Home and property owners could be eligible for federal grants of up to $5,000 to offset the cost of making energy efficiency improvements to their home or property. Most provinces and territories have complementary programs that offer additional financial assistance based on the results of the ecoENERGY Retrofit evaluation. For information on how you can qualify, please consult the ecoACTION Web site.

Source: CRA website

Tuesday, March 10, 2009

Personal Tax Prospects

The federal government released the 2009 budget on January 27, 2009. Here's a summary of the significant proposals in the budget with regards to Personal Tax:

● Effective in 2009, the basic personal amount, the amount for a spouse, common-law partner or fully dependent relative will increase to $10,320 from $9,600 in 2008.
● The upper limit of the first personal income tax bracket (15%) will rise to $40,726 in 2009 from $37,855 in 2008.
● The upper limit of the second personal income tax bracket (22%) will rise to $81,452 in 2009 from $75,769 in 2008.
● For 2010 and subsequent years, the increased amounts and bracket limits will be indexed to inflation.
● A new Home Renovation Tax Credit (HRTC) has been introduced. The HRTC is a 15% non-refundable tax credit available to homeowners for home improvements to a principal residence. Eligible expenditures include building materials and labour expenditures in excess of $1,000 and up to $10,000 for a renovation that is of an enduring nature, made after January 27, 2009 and before February 1, 2010. The maximum tax credit is $1,350. The credit is not available for agreements dated prior to January 28, 2009.
● The withdrawal limit from an RRSP under the Home Buyers’ Plan increases from $20,000 to $25,000 for withdrawals made after January 27, 2009.
● A new First-Time Home Buyers’ Tax Credit has been introduced which is based on an amount of $5,000 for first time home buyers who acquire a qualifying home after January 27, 2009. The lowest personal tax rate for the year is used to calculate the non-refundable tax credit. The credit is also available for certain acquisitions of a home by or for the use of an individual who qualifies for the disability tax credit. This will produce a one-time tax savings of $750.
● The budget proposed that $580 million be added to the Working Income Tax Benefit program for 2009 and the following years.
● For 2009, the age amount for Canadian taxpayers 65 and older has been increased by $1,000 from $5,408 to $6,408. For subsequent years, the age amount will be indexed. The income level at which the Age Credit is completely phased out rises to $75,032 from $68,365. The income-tested credit begins to be phased out at $32,312.
● The Canada Child Tax Benefit (CCTB) and the National Child Benefit Income supplement (NCBs) are based on income. The income levels have been increased to match the rise of the upper limit of the lowest personal tax bracket. The proposed level at which the CCTB starts to be phased out increases to $40,726 while the income level at which the NCBs begin to phase out rises by $1,894 and will be fully phased out at $40,726

Wednesday, March 4, 2009

Business Tax Prospects

The federal government released the 2009 budget on January 27, 2009. here's a summary of the significant proposals in the budget.

● Effective January 1, 2009 the small business limit was increased to $500,000 from $400,000. The increase will be prorated for non-calendar year-ends.
● For eligible new computers and systems software used in Canada, purchased after January 27, 2009 and prior to February 2011, a capital cost allowance (CCA) rate of 100% applies, with no half-year rule.
● The budget proposes to increase to $350,000 ($500,000 if acquiring real property) the maximum eligible loan amount that a small business can access under the Small Business Financing Program.
● For manufacturing and processing equipment, the 50% straight-line CCA rate has been extended for purchases of eligible equipment in 2010 and 2011. The half-year rule will apply such that the full write off may be claimed over three taxation years.
● The budget proposed to freeze the Employment Insurance (EI) rates at $1.73 per $100 of insurable earnings for both 2009 and 2010.
● The EI program offers benefits to qualifying workers willing to enter into worksharing agreements. For 2009 and 2010, the budget proposes to extend work -sharing agreements by 14 weeks to a maximum of 52 weeks. The budget increases all regular EI benefit entitlements by five weeks to a maximum of 50 weeks for 2009 and 2010