Chapter 3 Copyright 2017 Pearson Education Ltd 1 Employment Income General Concept Results From Employment Without Regard To Source Includes Directors Fees Copyright 2017 Pearson Education Ltd ID: 535031
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Employment Income
Chapter 3
Copyright © 2017 Pearson Education Ltd.
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Slide2
Employment Income
General Concept
Results From EmploymentWithout Regard To Source
Includes
Director’s Fees
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Employment Income
Employment Income In The Act
Section 5 – DefinitionsSection 6 – Inclusions
Section 7 - Stock
Options
Section 8 - Deductions
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Cash Vs. Accrual
ITA 5(1) - Income from office or employment — Subject to this Part, a taxpayer’s income for a taxation year from an office or employment is the salary, wages, and other remuneration, including gratuities,
received by the taxpayer in the year.
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Bonus Arrangements
Example On
July 25, 2016, Martin Ltd. declares a bonus of $100,000 in favour of one of its employees, Roger Jones.
The
Company’s year end is July 31.
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Example - Case A
The Bonus Is Paid After December 31,
2016But Before January 28, 2017
Employer
Deducts
In Year Ending July 31,
2016Employee Includes
In Income When
Received
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Example - Case B
The Bonus Is Paid After January 27, 2017
But Before July 31, 2017
Employer
Deducts
When
PaidEmployee Includes When Received
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Example - Case C
Salary Deferral Arrangements – If not paid within 3 years of the end of the calendar year in which the employee rendered the services.
EmployerDeducts When Accrued
Employee
Includes When Accrued
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Employee vs. Self-Employed
Employee Perspective
Availability Of DeductionsWithholding vs. Instalments
CPP and
EI
Fringe
BenefitsOpportunity For Tax Evasion
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Employee vs. Self-Employed
Employer Perspective
No CPP, Payroll Taxes, Or EINo Benefits Paid
Pay GST/
HST
Less Of A Commitment Than To An Employee
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Employee vs. Self-Employed
Determination
Basic Factor Is IntentOther ConsiderationsControl
Ownership Of Tools
Ability To Subcontract /Hire Assistants
Financial Risk
Responsibility For Investment And ManagementOpportunity For Profit
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Inclusions
Salaries And Wages
The basic form of compensation
Fringe Benefits
Non-salary compensation
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Non-Salary Compensation
ITA 6(1)(a) requires any benefit received by employee to be included in income.
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Non-Salary Compensation
ITA 6(1)(a) Exceptions (Excluded From Income)
RPP Contributions By EmployerPremiums On Group Disability Insurance
(
If benefits are taxable
)
Private Health CareDeferred Profit Sharing Plans
Supplementary Unemployment Benefits
Counselling – Re: Mental Or Physical Health
Counselling – Re: Re-Employment Or Retirement
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Other Fringe Benefits: IT-407R
Room and board
Travel BenefitsUse Of Employer Provided AutomobilePrizes Or Awards (Some)Provincial Health Care (Some)
Reimbursement of Cost of Tools
Wage Loss Plans
Low Rate Or Interest Free Loans
Counselling Fees (Some)
Tuition (See Later Slide)
Gifts From Employer (See Later Slide)
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TaxableSlide16
Other Fringe Benefits: IT-470R
Loyalty programs (frequent flyer points resulting from employment
travel)Not a benefit if:Not converted to cash
Not an alternative form of compensation
Not a tax avoidance scheme
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Other Fringe Benefits: IT-470R
Employer paid tuition
Specific employer related training (not taxable)General employment related training (not taxable
)
Personal interest training (taxable)
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Other Fringe Benefits: IT-470R
Tax free gifts and awardsMust be non-cash
Any numberCannot be performance relatedIf total > $500, excess is taxable
Long-service award
Must be non-cash
Once every 5 years
If total > $500, excess is taxable
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Other Fringe Benefits: IT-470R
Merchandise Discounts
Subsidized MealsUniformsSchool Services In Remote AreasJob Transportation In Employer Vehicles
Use Of Recreational
Facilities
Moving Expense Reimbursement
Private Health Care
Transportation Passes For Airline, Bus, Or Rail Companies
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Non-TaxableSlide20
Tax Planning Considerations
Salary Is BenchmarkDeduct When Accrued
Taxed When PaidTax Reasons For Using AlternativesAvoidance Of
Tax (e.g., employer provided dental plan)
Deferral Of
Tax (e.g., RPP contributions)
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GST/HST/PST On Taxable Benefits
ITA 6(7) Benefits Determined With GST/HST/PST Included
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Board And Lodging
Excluded From Employment Income If:
At a temporary special work site where commuting would not be practicalAt remote work site where establishing a domestic establishment would not be reasonable
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Employer Supplied Automobiles
Current Rules – IT-63R5
Fixed Costs - Standby ChargeVariable Costs - Operating Cost Benefit
Amounts Reduced By Employee Payments
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Standby Charge - ITA 6(2)
Less Than 50% Employment Usage
Employer Owns Car[(2%)(Cost Of Car)(Months Of Availability)]
Employer Leases Car
[(2/3) (Lease Payments For The Year Excluding Insurance) (Availability Factor)
]
GST/HST/PST Included
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Standby Charge
Primarily (50% Or More) Employment UsageMultiply Regular Charge By
:
Numerator
Cannot Exceed 1,667 Km. Per
Month
– This Means The Fraction Cannot Exceed 1
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Operating Costs - ITA 6(1)(k)
Less Than 50% Employment Usage$
0.26 Per Kilometre Of Non-Employment Usage For 2016
Primarily Employment Usage
Can Substitute One-Half Of Standby Charge
(If employment usage more than 50 percent)
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Tax Planning For
Employer Provided Automobiles Must Be Required To Return
The Keys And VehicleKeep Records
Leasing Vs.
Buying
Minimize Standby
ChargeAvoid Luxury CarsPay Employees To Use Own Cars
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Allowances
An amount paid to an employee to cover some type of cost
Reimbursements (Reasonable Amounts)Not in employee’s incomeEmployee cannot deduct any of the actual costs
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Allowances
Taxable
AllowancesIncluded in employee’s incomeEmployee can deduct actual
costs
Non-Taxable Allowances
Must be reasonable
Not in employee’s income
Employee cannot deduct actual costs
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Allowances
Automobiles
To be considered reasonable, the allowance must be based on kilometersUpper Limit (For 2016)$0.54 for the first 5,000 kilometers
$0.48 for each additional kilometer
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Insurance Benefits
Life Insurance A benefit
Health CarePrivate – Not a benefitProvincial
Individual Premiums
–
a benefitPayroll Tax – not a benefit
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Disability Insurance
Premiums Paid By EmployerITA 6(1)(a): Not A Taxable Benefit
(Benefits received are taxable)Premiums Paid By EmployeeNot Deductible When Paid
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Disability Insurance
Benefits Received
Employer Makes Contributions – TaxableCan be offset by deducting cumulative employee contributions
Employer Does Not Make Contributions – Not Taxable
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Loans To Employees
General Rules
ITA 80.4(1) - Imputed interest at prescribed rateITA 80.5 - Allows deemed interest to be deducted if purpose of loan is to produce business or property income
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Loans To Employees
Home Purchase Loan
Benefit cannot exceed annual amount using original prescribed rateIf prescribed rate goes down – can use lower
rate
Rule applies for first 5 years of loan
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Loans To Employees
Home Relocation Loan
Moving closer to work locationDeduction available in calculating Taxable
Income
(see Chapter 4 for details)
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Tax Planning – Employee Loans
Cash Flow Analysis
Cash flows associated with granting loanCash flows associated with providing salary to cover loan from
third party
See Paragraph 3-162 example
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Stock Options
Defined: An option to buy shares at a specified price for a specified period of time
.Provides incentive for employee performance
Tax considerations
Not a benefit for the employee
Does not provided a deduction for the employer
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Stock Options
An employee receives options to purchase 100 shares at $10. At
this time, the FMV of the shares is $10. The options are exercised when the FMV is $15 and the shares are sold at $25.
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Employer Is A Public Company
Granting
No Effect
Exercise [(100)($15 - $10)]
Employment Income $ 500
Sale [(100)(1/2)($25 - $15)]
Taxable Capital Gain
500
Net Income
$
1,000
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Employer Is A CCPC
Issue - No Effect
Exercise - No Effect
Sale
Employment Income
[(100)($15 - $10)] $ 500
Taxable Capital Gain
[(1/2)(100)($25 - $15)]
500
Net Income
$1,000
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ITA 110(1)(d) and (d.1) deduction
One-half of employment income inclusion
A deduction from Net Income to get Taxable Income
Available if:
At issue:
option price ≥ market price; o
rIf CCPC – Available if shares held for two years without regard to option price.
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Other Inclusions
Payments by employer to employee
Forgiveness of employee loansHousing loss reimbursement (if a moving expense – see Chapter 9)
Discounts on employer merchandise are tax free
.
Club dues and recreational facilities – generally tax free
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Deductions - ITA 8(1)(f)
ConditionsRequired To Pay
ExpensesRequired To Work Away From Office
Paid At Least In Part By
Commissions
If An Allowance Received, Included In
IncomeHave Signed Form T2200
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Types Of Expenses - ITA 8(1)(f)
Accounting And Legal FeesAdvertising
Entertainment, Meals, And LodgingParkingSuppliesLicences
Bonding
, Insurance, And Medical Fees
Equipment (if leased)
Salaries, Rents (including home office)
Transportation And Motor Vehicle
Costs
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Limitations – ITA 8(1)(f)
Can’t exceed commission i
ncomeCan’t use ITA 8(1)(h) or 8(1)(h.1) for excess over commission income
The basic trade-off
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ITA 8(1)(h) – Travel
ITA 8(1)(h.1) – Motor VehicleConditions
Required To Pay ExpensesRequired To Work Away From
Office
If An Allowance, Included In
Income
Signed Form T2200No ITA 8(1)(f)
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ITA 8(1)(i
) – Other Expenses Examples
Union or professional duesOffice rentSalary to an assistantCost of supplies
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CCA And Interest Costs
Can only be deducted onAutomobiles
AircraftMusical instruments (CCA only)Not available on other assets (e.g., computers or cell phones)
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Tool Costs
Tradespeople’s tool expenses
Employer must requireOnly costs in excess of $1,161
Limited to $
500 deduction
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Work Space In Home
Space is principal place of business, or
Space is used exclusively to produce income and it is used on a regular and continuous basis for meeting clients or customers
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Work Space In Home
Commission SalespersonOperating and maintenance
Property taxesInsurance
Other Employees
Operating
and maintenance
No CCA – No mortgage interest
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The end
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