Professional Documents
Culture Documents
1
Chapter 1 I ntroduction to Federal Taxation in Canada
The Canadian Tax System and Liability for Tax
Income Tax A tax on the income of taxable entities.
It is governed by the Federal I ncome Tax Act (ITA).
Federal I ncome Tax
ITA 2(1) Income tax is levied on all Canadian residents regardless of citizenship.
ITA 2(3) Income tax is levied on employment and business incomes earned by non-residents in
Canada as well as gains and losses incurred by the non-resident on disposition of a taxable
Canadian property.
I nternational tax treaties override ITA when there is a conflict.
The Canadian Federal Income Tax System uses a progressive rate
Each province can ONLY levy tax on income earned in the provinceand income of persons
living in the province at the last day of the taxation year.
Taxable Entities Individuals (human beings)
Corporations
Trusts
All three types of taxable entities are referred to as person, and they are required to file income
tax returns.
Income tax returns for individuals, corporations, and trusts are called T1, T2, and T3 respectively.
Net I ncome for Tax Purposes
There are 4 types of income included in the Net Income for Tax Purposes
1. Employment Income (Loss) please refer to chapter 3 review
2. Business Income (Loss) please refer to chapter 6 review
3. Property Income (Loss) please refer to chapter 7 review
4. Taxable Capital Gain vs. Allowable Capital Loss please refer to chapter 8 review
Note: Taxable Capital Gains = Capital Gains
Allowable Capital Losses = Capital Losses
The calculation for the Net Income for Tax Purposes is as following
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
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Note: $0 is written as Nil.
Income Under ITA 3(a):
Employment Income $E
Business Income B
Income From Property P $XXX
Income Under ITA 3(b):
Taxable Capital Gains $G
Allowable Capital Losses (L) $YYY
1
Balance From ITA 3(a) And (b) $ZZZ
Subdivision e Deductions (eee)
Balance Under ITA 3(c) $CCC
3
Deduction Under ITA 3(d):
Employment Loss ($e)
Business Loss (b)
Property Loss (p) ($xxx)
Net Income for Tax Purpose (Division B Income) $BBB
3
1
where $YYY = $G - $L. If $YYY is negative, then it is treated as $0 for further calculations.
2
where $CCC = $ZZZ - $eee
3
If $BBB is negative, then treat it as $0, and write Nil.
Note: The negativeamount of I TA 3(b) can be carried forward as allowable capital losses,
which are deductible against the taxable capital gains in any future taxation year.
The excess of $xxx over $CCC can be carried forward as I TA 3(d) deductions
against I TA 3(c) amount in any of the next 20 taxation years.
Please refer to Exercises One-6, One-7, One-8 on page 26 and Self Study Problems One-5,
One-6 on pages 31 and 32 for further reference.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
Chapter 20 I nternational I ssues in Canada
Residency
A full year resident is an individual who lives in Canada for the year or has significant
residential ties with Canada.
The individual will be taxed on his worldwide income for the full year.
Factors Indicating Significant Residential Ties
1. The individual has a spouse or common-law partner who stays in Canada while the
individual is abroad and had been living with the individual prior to his or her
departure from Canada.
2. The individual has dependent(s) that remain(s) in Canada while he or she is abroad.
3. The individual has a home in Canada that isnt rented out to an arms length party
while the individual is abroad.
A part year resident is an individual who becomes a Canadian resident or stops being a
Canadian resident during the taxation year.
For an individual who became a resident sometimes during the year, he or she will be
taxed on all sources of income earned starting on the date when they become a
Canadian resident.
For an individual who stops being a resident during the year, he or she will be taxed
on all sources of income earned prior to the latest of the following dates:
The date the individual depart from Canada,
The date the last of the individuals spouse/common-law partner and other
dependants leave Canada, and
The date the individual becomes a resident of their new country.
A deemed resident is an individual who lacks significant residential ties with Canada, but is
taxed like a full year resident who does NOT reside in any particular Canadian province.
Please refer to paragraph 20-23 on page 944 for the list of deemed residents of Canada.
A non-resident is an individual who is neither a full year resident, nor a part year resident, nor a
deemed resident.
Non-residents are only taxed on employment and business income earned in Canada,
and gains and losses on the disposition of Taxable Canadian Property.
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Chapter 3 I ncome and Loss from an Office or
Employment
Definition of Employment I ncome
Employment Income
ITA 5(1) Employment income includes salary, wages, and non-monetary benefits, such as
gifts, received by the taxpayer in the year.
Employment I nclusions =Taxable Monetary Rewards +Taxable Benefits
Employment Income = Employment Inclusions Employment Deductions
Employment incomes are reported on a cash basis, NOT on an accrual basis.
Employee vs. Self-employed
An individual doing work for an organization is either an employeeor an independent
contractor.
Employees earn employment income while independent contractors earn business income.
Key Distinctions between Employees and Independent Contractors
Factors Employee I ndependent Contractor
Intent Contract of Service Contract for Service
Control The employer controls the method
in which a task is done.
The payer has little control over
the how a task is completed
Ownership of Tools
and Equipment
The employer supplies the tools and
equipments required for tasks.
The contractor supplies tools
and equipments required to tasks.
Ability to
Subcontract or Hire
Assistance
The payer has control over whether
or not an assistant may be hired and
the assistants qualifications.
The payer has no control over
the assistant hired by the
independent contractor.
Financial Risk The employer is responsible for the
financial risk associated with the
work done.
The contractor is responsible for
the financial risk associated with
the work done.
Responsibility for
Investment and
Management
Not involved in the management of
the employing business nor sharing
in the ownership of the business
responsible for the task.
Active in managing the business
that is responsible for the task.
Opportunity for
Profit
The employer receives all the
profits on the tasks performed.
A contractor receives all the
profits on the task performed.
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Employment I ncome I nclusions
Wages and salaries must be included in employment income.
ITA 6(1)(a) Any benefit given to an individual by his employer in relation to his
employment position, with the exception of certain items, must be included in income.
For the list of exceptions, please refer to paragraph 3-44 on page 78 of the textbook.
I nclusions - Tuition Fees
Situations under which educational costs are paid by the employer
1. Specific Employer-Related Training Courses related to the employers work.
2. General Employment-Related Training General business related courses.
3. Personal I nterest Training Courses not related to the employers business.
Employer-paid personal interest training is a taxable benefit.
1. The amount paid by the employer is added to the employees employment income.
2. The employee can claim a related tuition fee tax credit.
I nclusions - Gifts
Non-arms Length Employees are employees who are relatives of the proprietor of their
employing business or a shareholder of their employing private corporation.
For a non-arms length employee and their related persons, value of all gifts are
added to employment income.
Non-cash gifts and non-cash awards
An arms length employee
annual total gift value in excess of $500 is taxable
Non-cash long service/anniversary award
The employee must have performed at least 5 years of service for the employer.
For each employee, there must be a minimum interval of 5 years between two
consecutive long service awards.
The employee must be an arms length employee
Total award value in excess of $500 is taxable
The two amounts cannot be used to offset amounts in each other.
Items of immaterial or nominal values, such as coffee, tea, and T-shirts with employer logos, will
be treated as having a value of $0 for tax purposes.
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Cash and near-cash gifts (ex. gift certificates) are included in employment income.
Performance related rewards are included in employment income.
Please refer to Exercise Three-2 on page 80 as an example.
Taxable Benefit on Employer Provided Automobile
If an employer provides an employee with an automobile, it would lead to 2 taxable benefits.
ITA 6(1)(e) Standby Charge
Step 1: Full Standby Charge
Employer Owned Vehicle
Full Standby Charge = [(2%) (Cost of Car) (Months Available)]
Cost of Car is the amount paid (includes GST/HST/PST).
Months Available = (Number of days for which the employee has possession of the
car key 30)
Note: The number of months available is rounded to the nearest whole number,
with 0.5 rounding down.
Employer Leased Vehicle
Full Standby Charge = [(
)*(Standby Charge)
Step 5: Total Taxable Benefits
Total Taxable Benefit =Standby Charge +Operating Cost Benefit
Please refer to Exercise Three-7, Exercise Three-6, and Self Study Problem Three-3 on pages
90, 91, and 116 for further reference.
Stock Option Benefits
Stock options Options that allow, but do not require, the employee to purchase a specific
number of shares at a stated exercise priceduring a specified period.
Three key dates are involved in the stock option process:
I ssue Date Exercise Date Disposition Date
I ssue Date The date when the options are given to the employees.
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Exercise Date The date when the option is exercised by the employee to purchase the stocks
at the price stated on the option.
Disposition Date The date when some or all of the shares acquired at exercise price are sold.
Step 1: Public Corporation vs. Private Corporation
Determine if the company is a public corporation or a private corporation.
ITA7 (1)(a) Public Corporation
I ssue Date Exercise Date Disposition Date
Market Price Market Value Market Value
Exercise Price Exercise Price Adjusted Cost Base
Step 2: On I ssue Date
There is no tax consequence on issue date.
Step 3: On Exercise Date
The amount calculated below is included in the employment income in the year of exercise.
Fair Market Value of Shares Acquired [(number of shares)*(market price)] $XXX
1
Cost of Shares [(number of shares)*(exercise price)] (XXX
2
)
ITA 7(1)(a) Employment Income Inclusion
= Increase in Net Income for Tax Purposes XXX
3
I TA 110(1)(d) Deduction [(1/2)($XXX
3
)] (XXX
4
)
Increase In Taxable Income XXX
5
$XXX
1
is calculated using the market price on the exercise date.
$XXX
4
is only availableif the exercise price market priceon the issue date.
Step 4: On Disposition Date
The amount calculated below is included in the employment income in the year of
disposition.
Proceeds of Disposition [(number of shares)*(disposition datemarket price)] $XXX
6
Adjusted Cost Base [(number of shares)*(market price on exercise date)] (XXX
1
)
Capital Gain $XXX
7
Inclusion Rate
Taxable Capital Gain $XXX
8
Please refer to Exercise Three-14 on page 105 of the textbook for more details.
ITA7 (1)(a) Canadian Controlled Private Corporation (CCPC)
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I ssue Date Exercise Date Disposition Date
Market Price Market Value Market Value
Exercise Price Exercise Price Adjusted Cost Base
Step 2: On I ssue Date
There is no tax consequence on issue date.
Step 3: On Exercise Date
There is no tax consequence on the exercise date.
Step 4: On Disposition Date
The amount calculated below is included in the employment income in the year of
disposition.
Fair Market Value of Shares Acquired [(number of shares)*(market price)] $XXX
1
Cost of Shares [(number of shares)*(exercise price)] (XXX
2
)
ITA 7(1)(a) Employment Income Inclusion
= Increase in Net Income for Tax Purposes XXX
3
I TA 110(1)(d) Deduction [(1/2)($XXX
3
)] (XXX
4
)
Increase In Taxable Income XXX
5
$XXX
1
is calculated using the market price on the exercise date.
$XXX
4
is only availableif the exercise price market price on the issue dateor the shares
are held for at least 2 years after their acquisition.
The amount calculated below is included in the taxable capital in the year of disposition.
Proceeds of Disposition [(number of shares)*(disposition datemarket price)] $XXX
6
Adjusted Cost Base [(number of shares)*(market price on exercise date)] (XXX
1
)
Capital Gain $XXX
7
Inclusion Rate
Taxable Capital Gain $XXX
8
Please refer to Exercise Three-15 on page 106 of the textbook for more details.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
Chapter 4 and 11 Tax Payable and Tax Credits for
I ndividuals
Calculation of Tax Payable
2011 Income brackets and their marginal rates
Taxable Income Exceeding: Marginal Federal Tax Rate
$0 15%
$41,544 22%
$83,088 26%
$128,800 29%
Example: For an individual with an income of $90,000, his total federal tax would be calculated
as following:
Taxable Income In Excess
Of
Marginal Federal Tax Rate
on the Bracket
Amount of Tax
$41,544 15% $6,231.60
$41,544 22% $9,139.68
$6,912 26% $1,791.12
Hence, the total federal tax payable on the $90,000 would be $17,162.4.
Surtax Additional tax charged on the regular tax payable.
Ontario charges surtax on the portion of Ontario Tax Payable in excess of $5,219.
Ontario charges 56% surtax and Prince Edward Island charges 10% surtax.
An individual has to pay provincial tax on all his income other than business incometo the
province in which he resides on the last day of the taxation year.
A Canadian resident who is not a resident of a particular province will not have to pay any
provincial taxes, but is charged an additional surtax of 48% on federal tax payable.
Example: A Canadian official working at a Canadian embassy abroad.
Please refer to Exercise Four-2 on page 136 of the textbook for more details.
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Personal Tax Credits
Tax Credit Base A calculated amount to which the minimum federal tax rate, unless
otherwise specified, is applied to determine a tax credit amount.
Example: A tax credit with a tax credit base of $10,527 will have an amount equal to 1579.05
[0.15*($10,527)].
The tax credits will directly reduce tax payable.
Please refer to page ix to xi of the textbook for a detailed list of the tax credits.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
Chapter 5 Capital Cost Allowances and Cumulative
Eligible Capital
Key Terms
Capital Asset An asset that is capable of producing income and is held to generate income.
The same type of asset may be classified as inventory or capital asset
depending on the business.
Capital Cost Allowance (CCA) Equivalent to depreciation expense for tax purposes.
Only capital assets are given Capital Cost Allowance.
CCA calculation is done for each separate class of assets.
Undepreciated Capital Cost (UCC) The balance consists of the total of the original costs of
all the assets ever added to the class less all the CCA
ever deducted from income.
Capital Cost of Asset The acquisition cost of a capital asset.
The capital cost of a property purchased with foreign currency will
be converted to Canadian dollars using the exchange rateon the
date of acquisition.
Additions to Capital Cost
The following adjustments are done to the amount paid for a capital asset to arrive at the
capital cost:
1. ITA 21(1) A taxpayer can chooseto add the interest on the funds borrowed to
acquire the depreciable property to the capital cost of the acquired property.
Note: the corresponding interest would NOT be deductible as expense.
2. ITA 13(7.1) Capital cost of an asset is reduced by amounts received or receivable
from the government.
3. ITA 248 (16) Capital cost of an asset is reduced by amount of refundable
GST/PST/HST.
Available for Use Rule A Property is only eligible for CCA deductions starting at the earliest
of the following times:
The year when the non-building property is first used by the taxpayer for earning
income.
The year when 90% or moreof the building is used for its intended purpose.
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The second taxation year after the year of acquisition.
The year in which accounting depreciation is first recorded on the property
(public companies only).
The year when the required certificate or license is obtained for the transport
equipment.
ITR 1102 Land is specifically excluded from depreciable properties.
When a real property is purchased, must proportionate the total cost between the building
component and the land component.
Depreciable assets are assigned to different classes, and CCA is calculated on a class basis.
CCA rate differs based on the class in which an asset belongs.
When a specific type of asset is reclassified into a different CCA class, the change will apply
only to the relevant assets acquired after the specified date.
Please refer to page 216 to 217 of the textbook for a detailed list of the various classes of assets.
Separate Classes
Assets that belong to the same CCA class are usually assigned to the same balance and
depreciated as a group. The following are a few exceptions:
1. Same type of assets owned by different unincorporated businesses cannot be grouped
together into a single class, even when the businesses are owned by the same individual.
2. Rental properties acquired after 1971 at a cost of $50,000 or more must each be given its
own separate CCA class.
3. Passenger vehicles acquired at a cost higher than $30,000 must each be given its own
separate CCA class.
4. Non-residential buildings and assets that quickly becomes technologically outdated are
each allowed to be given its own separate CCA class.
Calculation of Capital Cost Allowance
Declining Balance Class The CCA for the class is determined by applying a specified rate is
to the class end of the period UCC balance.
Straight-line Class The CCA for the class is determined by applying a specified rate to the
total capital cost of the assets in the class.
Rental Property Restrictions The total CCA claimed on rental properties cannot exceed the
amount of net rental income prior to CCA deductions.
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Half-Year (First Year) Rule For applicable classes, every year, the CCA calculation is based
on the ending UCC balance after a deduction of of any
excess of additions for acquisitions over deductions for
disposition.
Exception: Property transferred in non-arms length transactions where prior to transfer,
the property was owned for more than at least 1 year.
Certain CCA classes as shown in the Commonly Used CCA Class section.
Short Fiscal Period A taxation year with less than 365 days.
Short Fiscal Period Rule The CCA deduction, after applying the half year ruleif applicable,
will be multiplied by the number of days the business is in
operation and divided by 365.
Exceptions are class 14 assets and CCA deductions against
property income.
Commonly Used CCA Classes
Class 1 Buildings acquired after 1987
4% Declining Balance.
Rental building costs more than $50,000 must be allocated to a separate class 1.
Buildings acquired after March 18, 2007, allocated to its own separate class 1, and
is 90% or more used for manufacturing and processing 10%
declining balance
is 90% or more used for non-residential purposes but not 90% or
more manufacturing 6% declining balance
Class 3 Buildings acquired before 1988
5% Declining Balance.
Rental building costs more than $50,000 must be allocated to a separate class 1.
Class 8 Various Machinery, Equipment, and Furniture
20% Declining Balance.
Includes machines, equipments, structures, and furniture that are NOT specifically
included in another class.
Individual photocopiers, electronic communications equipments, and software that
belong in this class and have a capital cost of $1,000 or more can be allocated to a
separate Class 8.
Please refer to Exercise Five-12 on page 209 of the textbook for more details.
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Class 10 Vehicles
30% Declining Balance.
Includes most vehicles except for passenger vehicles with cost in excess of
$30,000.
Class 10.1 Luxury Vehicles
30% Declining Balance.
Passenger vehicles with cost in excess of $30,000.
Each vehicle must be allocated to a separate 10.1 class.
The amount of addition is limited to $30,000.
In year of retirement, of the normal CCA ratecan be deducted.
No recapture or terminal losses can be recognized.
Class 12 Computer Software and Small Assets
100% Declining Balance.
Class 12 medical or dental instruments and tools costing less than $500, uniforms,
and chinaware are NOT subjected to half-year rule.
Class 13 Leasehold Improvements
Straight-line.
Maximum CCA =
Note: Lease Term = number of full 12 month periods from beginning of
the taxation year in which the improvement is made
until the termination of the lease. Limited to 40 years.
Class 14 Limited Life Intangibles
Straight-line over legal life.
Includes all limited life intangibles except for patents.
For year of acquisition and the year of disposition,
Maximum CCA = CCA * (
)
Half year rule and short fiscal period NOT applicable.
Class 29 and 43 Manufacturing and Processing Assets
Acquired before March 19, 2007 are included in Class 43 30% Declining
Balance.
Acquired on March 19, 2007 and after are included in Class 29 50% Straight-
line, half-year rule is applicable.
Class 44 Patents
25% declining balance rate.
Can choose to put these assets in Class 14.
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Class 45, 50, and 52 Computer Hardware and System Software
Please refer to page 199 of the textbook for more information.
Class 52 is exempted from the half-year rule.
Example: In its first year of operations, a business purchased a $60,000 Class 8 asset 30 days
before the end of the taxation year. At the end of the taxation year, this is the only asset in the
Class 8 balance. If the business had operated for 50 days in this taxation year and there is no
other transaction involving Class 8, what is the maximum Capital Cost Allowance on Class 8?
Maximum CCA = [(1/2)(0.2)($60,000)]*(50/365) = $821.91
Half-Year Rule Short Fiscal Period Rule (using days of operation)
Please refer to Exercises Five-2, Five-3, Five-4, Five-5, and Five-6 on page 201 of the
textbook for more details.
If only partial CCA deduction can be claimed due to insufficient related income, the full CCA on
the class with the lowest rates should be taken beforegoing towards the classes with higher CCA
rates.
Please refer to Exercise Five-7 on page 203 of the textbook for more details.
Disposition of Depreciable Assets
Upon disposition of an asset, the amount to be deducted from the UCC balance is the lesser of:
The capital cost of the individual asset,
The proceeds of disposition for the asset.
Dispositions with Tax Consequences
1. At the end of the taxation year, the CCA class has a negative balance.
Note: For any asset required to be allocated into its own separate class, a negative
balance at any timeduring the taxation year will result in recapture.
Recapture of CCA = Absolute Value of the Negative Amount in the Balance
Recapture will be fully added to income, and the beginning balance for the related CCA
will be set to Nil for the next taxation year.
2. Proceeds of Disposition > Capital Cost of the Asset
TaxableCapital Gain = (
XXX
XXX
7
= CCA rate for the class * XXX
6
* (days of business operation this year/ 365).
2. With Recapture
Beginning UCC Balance for Current Year $XXX
1
Add: Acquisitions During the Year $XXX
2
Deduct: Dispositions During the Year Lesser of:
Capital Cost - $xxx
Proceeds of Disposition -$xxx (XXX
3
) XXX
4
Deduct: Net Additions N/A
1
Negative Ending Balance (XXX
8
)
Recapture of CCA XXX
8
Beginning UCC Balance for Next Year Nil
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1
There is no net additions to be deducted because when there is a recapture, the net additions
in the year must be negative. The deduction is only done when the net addition is positive.
XXX
8
= the amount of recapture of CCA added to income and the UCC balance.
Please refer to Exercise Five-9 on page 206 of the textbook for more details.
3. With Terminal Loss
Beginning UCC Balance for Current Year $XXX
1
Add: Acquisitions During the Year Nil
1
Deduct: Dispositions During the Year Lesser of:
Capital Cost - $xxx
Proceeds of Disposition -$xxx (XXX
3
) (XXX
3
)
Positive Ending Balance XXX
9
Terminal Loss (XXX
9)
Beginning UCC Balance for Next Year Nil
1
There cannot be additions to the class in the year or else there will still be at least one asset in
the class at the end of the year and a terminal loss cannot be recognized.
(XXX
9
)
= the amount of terminal loss recognized and can be deducted from the balance.
Please refer to Exercise Five-10 on page 206 of the textbook for more details.
Cumulative Eligible Capital (CEC)
Eligible Capital Expenditure An intangible capital property that doesnt belong to a CCA
class but its cost is not deductible for tax purposes.
For the list of items to be included in CEC and the list of items to be excluded from CEC,
please refer to paragraph 5-79 and 5-80 on page 210 of the textbook.
Cumulative Eligible Capital A class for all the eligible capital expenditure of a business.
Every year, the CEC balance is increased by of all eligible
capital expenditures that year and reduced by of the proceeds
of disposition (i.e. the original cost doesnt matter), to arrive at
the Base Amount for CEC amount.
CEC amount can only be deducted against business income.
ITA 20(1)(b) The maximum CEC amount for a taxation year is calculated by multiplying the
ending CEC balanceby 7%.
The half-year rule does not apply, but the short fiscal period rule applies.
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Scenario 1: Positive Balance with No Assets at the end of the Taxation Year
No terminal loss can be claimed for the CEC balance as the 7% CEC amount is applicable for as
long as there is a balance in the class, regardless of whether or not there are any actual assets in
the class.
Scenario 2: Negative Balance at the end of the Taxation Year
Recapture on CEC = total CEC deductions up to date
Capital Gain = Absolute value of the negative balance - Total CEC deductions
TaxableCapital Gain =
* Capital Gain
Please refer to Exercises Five-13 on page 213 of the textbook for further reference.
ITA 14(1.01) For eligible capital expenditures with a determinable cost, other that goodwill, a
choice can be made to deduct only
Proceeds of Disposition [(1,000)*($10)] $10,000
Adjusted Cost Base [(1,000)*($13.33)] (13,330)
Capital Loss (3,330)
May 2000 Inclusion Rate 2/3
Allowable Capital Loss ($2220)
For the April 2011 Disposition:
Per unit ACB =
Proceeds of Disposition [(2,000)*($15)] $30,000
Adjusted Cost Base [(2,000)*($11.52)] (23,040)
Capital Gain 6,960
Current Inclusion Rate 1/2
Taxable Capital Gain $3,480
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The disposition of a part of a property would require a proportionate allocation of the adjusted
cost base of the whole property as the adjusted cost base for the partial disposition.
Please refer to Exercises Eight-1 and Eight-2 on page 339 of the textbook for more details.
Capital Gain Reserve
When a portion of the proceeds from the sale of a capital asset is not receivable in the current
year, a reserve can be deducted from the total gain.
ITA 40(1)(a)(iii) Reserve (i.e. Capital Gains Reserve)
The current years capital gain reservewill be deducted from the current years total
capital gain (not taxable capital gain), and added to subsequent years total capital gain.
Note that any interests charged by the seller on the unpaid portion of the proceeds are NOT
included in the reserve calculations.
Capital Gain Reserve = Lesser of A and B
A = [Total Gain]*[
B = [20% of Total Gain]*[
Where X = number of taxation year ends since disposition excluding the
current taxation year end.
Example: Mr. Smith sold a property with an adjusted cost base of $260,000 for total proceeds of
$1,000,000 in 2011. The total proceeds are paid in 6 separate installments of
$300,000 in 2011, $100,000 in 2012, $400,000 in 2013, $100,000 in 2014, $50,000
in 2015, and $50,000 in 2016. Determine the Taxable Capital Gain to be included in
income for each of the 6 years because of the 2011 sale.
Step 1: The total capital gain = $1,000,000 - $260,000 = $740,000
Step 2: Taxable Capital Gain for each of the 6 years.
Total Capital Gain $740,000
Deduct: Capital Gain Reserve for 2011
Lesser of
[$740,000*(700,000/1,000,000)] ($518,000)
[$740,000*(0.2)*(4-0)] (592,000) (518,000)
Amount to be Included in 2011 Capital Gain 222,000
Inclusion Rate 1/2
Taxable Capital Gain to be included for 2011 $111,000
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Add: Capital Gain Reserve for 2011 518,000
Deduct: Capital Gain Reserve for 2012
Lesser of
[$740,000*(600,000/1,000,000)] ($444,000)
[(0.2)*($740,000)*(4-1)] (444,000) (444,000)
Amount to be included in 2012 Capital Gain $74,000
Inclusion Rate
Taxable Capital Gain to be included in 2012 $37,000
Add: Capital Gain Reserve for 2012 444,000
Deduct: Capital Gain Reserve for 2013
Lesser of
[$740,000*(200,000/1,000,000)] ($148,000)
[(0.2)*($740,000)*(4-2)] (296,000) (148,000)
Amount to be included in 2013 Capital Gain $296,000
Inclusion Rate
Taxable Capital Gain to be included in 2013 $148,000
Add: Capital Gain Reserve for 2013 148,000
Deduct: Capital Gain Reserve for 2014
Lesser of
[$740,000*(100,000/1,000,000)] ($74,000)
[(0.2)*($740,000)*(4-3)] (148,000) (74,000)
Amount to be included in 2014 Capital Gain $74,000
Inclusion Rate
Taxable Capital Gain to be included in 2014 $37,000
Add: Capital Gain Reserve for 2014 74,000
Deduct: Capital Gain Reserve for 2015
Lesser of
[$740,000*($50,000/1,000,000)] ($37,000)
[(0.2)*($740,000)*(4-4)] (0) (0)
Amount to be included in 2015 Capital Gain $74,000
Inclusion Rate
Taxable Capital Gain to be included in 2015 $37,000
Add: Capital Gain Reserve for 2014 $0
Deduct: Capital Gain Reserve for 2015
Lesser of
[$740,000*(0/1,000,000)] ($0)
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
[0] (0) ($0)
Amount to be included in 2015 Capital Gain $0
Inclusion Rate
Taxable Capital Gain to be included in 2015 $0
Please refer to Exercises Eight-1 and Eight-2 on page 339 of the textbook for more details.
Bad Debts on Sales of Capital Property
If an amount receivable resulting from the disposition of a capital property turns out to be
uncollectible, the amount uncollectible can be recognized as a capital loss in the year when it
becomes uncollectible.
If subsequently, some of the bad debt is recovered, the recovered amount would be considered a
capital gain in the year of recovery.
Note: allowable capital loss arising from bad debt can only be deducted against any taxable
capital gain in the year when the bad debt is recognized.
Example: Mr. Elgin sold a capital property with an adjusted cost base of $125,000 for $300,000
in 2010. The proceeds consist of $160,000 of cash and a note payable for $140,000 due in 2012.
In 2012, the purchaser defaulted on the note payable. In 2013, Mr. Elgin recovered $40,000 of
the note payable. What is the affect on the taxable income of 2010, 2011, and 2012 respectively?
In 2010, Taxable Capital Gain =
*($300,000-$125,000) = $87,500.
In 2011, there is no tax consequence.
In 2012, Allowable Capital Loss =
*($140,000) = $70,000.
In 2013, Taxable Capital Gain =
*($40,000) = $20,000.
Please refer to Exercise Eight-6 on page 345 of the textbook for more details.
Special Rule for Sales of Real Property
The special rule applies when the proceeds of disposition for a building sold as a part of a real
property is less than the UCC for the buildings class, given that the building is the last asset in
its class.
Only applies to the seller, not the purchaser.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
ITA 13(21.1)(a) Special Rule
Step 1: Calculate the Two Amounts
The Fair Market Value of the land and building $XXX
1
The lesser of:
The Adjusted Cost Base of the Land $XXX
2
The Fair Market Value of the Land XXX
3
($XXX
4
)
Amount ($XXX
5
)
The Greater of:
The Fair Market Value of the Building $YYY
1
The lesser of:
The Cost of the Building $YYY
2
The UCC of the Building YYY
3
$YYY
4
Amount ($YYY
5
)
$XXX
4
is the lesser of $XXX
2
and $XXX
3.
$XXX
5
= $XXX
1
- $XXX
4
.
$YYY
4
is the lesser of $YYY
2
and $YYY
3.
$YYY
5
is the greater of $YYY
1
and $YYY
4
.
Step 2 Allocate the Total Proceeds
The proceeds for the building would be the lower of $YYY
5
and $XXX
5
.
The remainder of the proceeds will be allocated to the land portion of the real estate.
Please refer to Exercise Eight-7 on page 346 of the textbook for more details.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
Chapter 9 Capital Gains and Capital Losses
Key Definitions
Subdivision d Inclusions that do not belong to any of the four income categories.
Subdivision e Deductions that do not belong to any of the four income categories
Many, but not all, of the items in the two subdivisions are related
Other I ncome Subdivision d I nclusions
Examples: Pension amount received from Registered Pension Plans (RPP), Canada Pension Plan
(CPP), the Old Age Security ACT (OAS), and similar provincial pension plans.
Retiring Allowances
ITA 56(1)(a)(ii) Retiring allowances are amounts received by the taxpayer, including potential
damages awarded by court, upon or after the retirement from a employment.
1. Regarding the loss of an office or employment of a taxpayer, including the
amount of damages awarded by the judgement of a competent tribunal.
The total amount of the retiring allowance must be included in income.
The amount of retiring allowance that is awarded for to pre-1996 services and is transferred to a
RPP or a Registered Retirement Savings Plan (RRSP) within 60 days of the year end of the
reception is deductible against the total retiring allowance inclusion.
Deferred Income Plans
Deferred I ncome Plans Plans that require the taxpayer to contribute in the current period and
receive certain benefits in the future.
Examples: Registered Retirement Income Funds (RRIFs) and RRSPs.
Payments from these deferred income plans are all subdivision d incomes that do not fall into
any of the other income categories.
The following amount must be included in subdivision d income.
1. Actual amounts removed from a RRSP
2. A specified amount when a scheduled RRSP repayment is missed.
3. Actual amounts removed from a DPSP.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
4. The minimum withdrawal amount from RRI Fs must be included in income
regardless of whether the withdrawal actually took place.
5. The amount of withdrawal from RRI Fs beyond the minimumwithdrawal amount.
Scholarships, bursaries, grants, and prizes are 100% exempt from income inclusion given that
they are received in relation to an elementary, secondary or post-secondary education that
qualifies for the education tax credit.
Research Grant to be I ncluded = Grant amount Unreimbursed Research Related Expenses
Universal Child Care Benefits (UCCB)
A family receives $100 per month for each child under the age of 6.
The amount received under UCCB are not ignored for the purpose of calculating income tested
benefits, Old Age Security amount, Employment Insurance amounts, and child care expense.
Two Parents Family
For couples, one of the two taxpayers must meet all the conditions listed below.
1. The individual lives with the child.
2. The individual is the primary caretaker of the child.
3. The individual is a Canadian resident.
The spouse with the lower Income for Tax Purposes must add the amount received to income.
Single Parent Family
For single parent, the taxpayer must meet all the conditions listed above.
The amount received can be included in the income of any one of the individual listed below.
1. The single parent.
2. A dependant for whom the parent could claimthe eligible dependant tax credit.
3. The child for whom the amount is received.
Other Deductions Subdivision e Deductions
Moving Expense
ITA 62(1) Moving expenses related to an eligible relocation can be deducted by the taxpayer.
Relocation is considered eligible when all of thefollowing conditions are met.
1. The new location must be:
Around the taxpayers new workplace,
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
Around where the employee will be carrying out business, or
Around where the taxpayer will be attending a post-secondary institution.
2. The old location must be:
Around where the taxpayer used to work,
Where the employee lived while unemployed, or
Around where the individual was attending a post-secondary institution.
3. Both the old and new location of the residence must be in Canada.
4. The new residence must be at least 40 kilometers closer to the new work location
than the old residence.
Note: The distance is measured using the routes that would normally be
traveled by an individual rather than the shortest distance between two
routes.
The actual moving expenses are deductible against income received in the new work location in
any year after the move.
Reimbursements paid by the employer to fully or partially cover the expense of the move will
reduce the deductible moving expense.
Allowances paid by employer to cover the move will NOT affect the deductible moving expense,
but must be included in the income of the employee.
ITA 62(3) Deductible moving expenses for eligible relocations include all the costs listed on
paragraph 9-41 of page 407 of the textbook.
If an employer reimburses an employee for a loss on the sale of the old residence, the resultant
taxable benefit will only be * (reimbursement - $15,000).
I ncome Attribution
ITA 74.1(1) and (2) Income Attribution Rule
Income earned by properties that have been transferred (through a sale or as a gift) or
loaned may be added back to the income of the transferrer of the property, provided that
the transferee is a spouse, a common-law partner, a non-arms length individual who is
under the age of 18, or nieces and nephews that are under the age of 18.
Applicability of Attribution Rule by Type of Income
Business Income No amount is taxable to transferrer.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
Property I ncome Relevant amounts earned by spouse and related minors are taxable
to the transferrer.
Capital Gains Relevant amounts earned by spouse (with exceptions) are taxable to the
transferrer.
I ncome Subject to Tax on Split Income No amount is taxable to transferrer.
Exceptions to the Attribution Rule
1. Transfer through sale
The spousepaid the fair market valuefor the property and any resulting gain or
loss is included in income at the time of transfer.
The minor gave consideration equal to the fair market of the valueof the assets
transferred.
2. Transfer through loan
The spousepaid interest that is equal to at least the prescribed interest rate.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
Chapter 10 Retirement Savings and Other Special
I ncome Arrangements
Registered Retirement Savings Plans (RRSP)
ITA 146 An RRSP is a trust with an individual as the beneficiary and a financial institution (see
the list below) acting as the administrator.
Up to a limited amount of contributions to the plan is deductible.
The income earned by the plan is not taxable, but withdrawals from the plan are fully included as
income in the year of withdrawal.
Types of Registered Retirement Savings Plans
1. Managed RRSP Investment decisions made by administering financial institution.
2. Self-Administered RRSP Investment decisions made by the taxpayer.
An individual can own multiple separate RRSPs.
Interest paid on funds borrowed to finance RRSP contributions is not deductible.
Registered Retirement Savings Plans Deduction Limit
RRSP Deduction Limit The maximumdeductible RRSP contribution in a given year.
Note: The RRSP Deduction Limit does NOT limit the amount of yearly contribution.
Unused RRSP Deduction Room The sum of the RRSP Deduction Limits from all the years
prior to the current year less the sum of all the RRSP
deductions ever claimed prior to this year.
RRSP Dollar Amount Changes every year, and is $22,450 for the year 2011.
Earned I ncome Please refer to page 463 of the textbook for the list of inclusions and
deductions used to determine earned income as specified by ITA 146(1).
Pension Adjustments RPP benefits earned by the employee and RPP and DPSP contributions
made by or on the employees behalf.
Review based on Canadian Tax Principles 2011-2012 Edition by Byrd & Chen
Past Service Pension Adjustments The total amount of additional pension adjustment that
would have been included had the changein the defined
benefit plan been in effect since the start.
Please refer to paragraph 10-66 on page 467 of the
textbook.
Pension Adjustment Reversals (PARS) The amount of previously recognized PAs that
corresponds to pension plan benefits lost due to
leaving the job before the benefits are vested.
ITA 146(1) Calculating the RRSP Deduction Limit
RRSP Deduction Limit =A +B +R C
A is the unused RRSP deduction roomat the end of the previous taxation year.
B = G E, where
B cannot be zero,
G = lesser of:
0.18 * earned income for the previous taxation year
RRSP dollar limit for the current year,
E = Previous taxation years PAs for the + Current years prescribed amount
C is the taxpayers current years net past service pension adjustment.
R is the taxpayers current years pension adjustment reversal.
Please refer to Exercise Ten-7 on page 469 of the textbook for more details.
Reference
Byrd, C., and I. Chen. Byrd & Chens Canadian Tax Principles. Toronto: Pearson Prentice Hall
Publishing.