Capstone LLP Chartered Professional Accountants https://www.capstonellp.ca Toronto Accounting Firm Mon, 30 Sep 2024 15:23:40 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.26 Benefits of an Estate Freeze in Canada https://www.capstonellp.ca/2024/09/30/benefits-of-estate-freeze-in-canada/ https://www.capstonellp.ca/2024/09/30/benefits-of-estate-freeze-in-canada/#respond Mon, 30 Sep 2024 15:23:19 +0000 https://www.capstonellp.ca/?p=35788 The post Benefits of an Estate Freeze in Canada appeared first on Capstone LLP Chartered Professional Accountants.

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Planning for the future is a crucial aspect of managing your wealth and ensuring a smooth transition of your assets. One effective strategy to consider is an estate freeze. This financial planning tool can offer significant benefits, particularly in the Canadian context, where tax regulations and family business dynamics play a crucial role.

What is an Estate Freeze?

An estate freeze is a strategy that locks in the current value of your assets for tax purposes. By doing this, any future growth in the value of these assets is transferred to your heirs, while you retain control and access to the current value. This is typically achieved by restructuring your business or assets, often through the issuance of new shares or units.

Key Benefits of an Estate Freeze

Tax Efficiency

Capital Gains Tax Minimization: By freezing the value of your estate, you can limit or minimize the capital gains tax that would otherwise be payable upon the transfer of your assets. This can result in substantial tax savings for your heirs, especially given Canada’s tax regulations. For example, if your business grows significantly in value after the freeze, the increase in value will be attributed to your heirs, potentially saving a large amount in taxes.

Income Splitting: In some scenarios, an estate freeze can also facilitate income splitting among family members, which can further reduce the overall tax burden. By transferring future growth to family members in lower tax brackets or by multiplication of the Lifetime Capital Gains Exemption, you can achieve significant tax savings.

Succession Planning

Smooth Transition: An estate freeze facilitates the smooth transition of your assets to the next generation. It allows you to plan and implement a succession strategy that aligns with your long-term goals, ensuring your wealth remains in capable hands. This is particularly important for family-owned businesses, where maintaining continuity and control within the family is often a priority.

Avoiding Probate Fees: By transferring ownership during your lifetime, you can avoid probate fees and other costs associated with the transfer of assets upon death.

Retained Control

Operational Control: Even though the future growth of the assets is transferred to your heirs, you can retain control over the management and operations of these assets. This ensures that you can continue to guide and manage your wealth as you see fit. For example, you can retain voting shares while transferring non-voting shares to your heirs.

Flexibility in Decision-Making: Retaining control allows you to make strategic decisions that can benefit the business or assets, ensuring that your vision and goals are maintained.

Wealth Preservation

Protection from Market Fluctuations: By locking in the current value of your assets, you protect your wealth from potential market fluctuations. This can provide financial stability and peace of mind, knowing that your hard-earned assets are secure. This is particularly beneficial in volatile markets where asset values can fluctuate significantly.

Asset Protection: An estate freeze can also provide a layer of protection against creditors, as the future growth of the assets is transferred to your heirs.

Flexibility

Tailored Solutions: An estate freeze can be tailored to your specific needs and circumstances. Whether you want to gradually transfer ownership or retain certain rights, the strategy can be customized to suit your preferences. For instance, you can structure the freeze using a fully discretionary inter-vivos family trust to allow for future adjustments or to accommodate future changes in family dynamics.

Estate Planning Integration: An estate freeze can be integrated with other estate planning strategies, such as trusts or insurance policies, to create a comprehensive plan that addresses all aspects of your financial future.

How to Implement an Estate Freeze

Implementing an estate freeze involves several steps, typically including:

  1. Valuation of Assets: The first step is to obtain a fair market valuation of your assets. This establishes the baseline value for the freeze.
  2. Restructuring: Next, you will need to restructure your assets, often by incorporating a holding company or issuing new shares. Commonly, you would exchange your existing shares for preferred shares that have a fixed value, while new common shares are issued to your heirs or to an inter-vivos family trust.
  3. Legal and Tax Advice: It’s essential to work with a small business accountant who is a tax specialist, and a corporate or tax lawyer, to ensure the process is carried out correctly and efficiently. They can help navigate the complexities of tax laws and ensure compliance with all regulations.
  4. Documentation: Proper documentation is crucial to formalize the estate freeze and ensure that all legal requirements are met.

Conclusion

An estate freeze can be a powerful tool for individuals in Canada looking to secure their financial future and ensure a smooth transition of their wealth. By understanding the benefits and working with professionals, you can make informed decisions that will benefit both you and your heirs. Whether you are a small business owner or have significant personal assets, an estate freeze can provide peace of mind and financial stability for generations to come.

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August 2020 Update on Canada’s COVID-19 Economic Response Plan https://www.capstonellp.ca/2020/08/03/august-update-on-canadas-covid-19-economic-response-plan/ https://www.capstonellp.ca/2020/08/03/august-update-on-canadas-covid-19-economic-response-plan/#respond Mon, 03 Aug 2020 13:24:53 +0000 https://www.capstonellp.ca/?p=29441 During July 2020, the Prime Minister and Finance Minister announced various updates on the measures the Canadian government is taking to support individuals and businesses. Further changes to income tax filing and payment deadlines: The original income tax payment and filing extension to September 1, 2020 has been extended further to September 30, 2020 The CRA has […]

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During July 2020, the Prime Minister and Finance Minister announced various updates on the measures the Canadian government is taking to support individuals and businesses.

Further changes to income tax filing and payment deadlines:

UPDATES FOR BUSINESSES

The Canadian Emergency Wage Subsidy 2.0 (CEWS 2.0) 

On July 17, 2020 the government announced an extension of the wage subsidy program to December 19, 2020. The program has very significant changes with expanded criteria to allow more businesses to qualify for wage subsidies.

Eligible employers include individuals, taxable corporations, and partnerships consisting of eligible employers as well as non‑profit organizations and registered charities.

The current update and details given:

  • CEWS 2.0 will be available until December 19, 2020 but the exact details on the program are currently only available to November 21, 2020 (Period 9).
  • The level of support received from CEWS 2.0 will be variable based on the percentage decrease in revenue; employers experiencing the greatest decrease in revenue being entitled to the largest subsidy.
  • There is no longer a minimum revenue decrease (previously 30%) required to qualify for CEWS 2.0.
  • The maximum support available under CEWS 2.0 will be gradually reduced between July and October 2020.
  • CEWS 2.0 includes a base subsidy and a top-up subsidy.
  • Safe Harbour rule:  There are rules for Periods 5 and 6 (July 5 – August 29, 2020) such that a company with a decrease in revenue of at least 30% will not receive less than what they were entitled to receive under the original CEWS rules.
  • This subsidy will be available to eligible employers that see a drop of at least 30 percent of their revenue, year over year (i.e. March 2020 versus March 2019).
  • Employers will need to attest to the decline in revenue and re-apply monthly.
  • The subsidy will provide support of up to 75% of an employee’s wages for a 3 month period retroactive to March 15, 2020, to a maximum of $847/week (75% of the first $58,700 of an employee’s salary).
  • More information related to the CEWS changes are outlined by the government here: https://www.canada.ca/en/revenue-agency/services/subsidy/emergency-wage-subsidy/cews-what-changes.html
  • Businesses will need access to CRA’s My Business Account portal in order to apply.
  • An official calculator was released on August 12, 2020 by CRA to assist and simplify the subsidy calculation for employers: https://www.canada.ca/en/revenue-agency/services/subsidy/emergency-wage-subsidy/cews-calculate-subsidy-amount.html
  • Should you require assistance applying for CEWS from a Small Business Accountant please contact us

UPDATES FOR INDIVIDUALS

Canada Emergency Response Benefit (CERB)

CERB has been extended by 8 weeks to a total of 24 weeks of benefits, ending on August 29, 2020.

CERB is available to workers who:

  • Live in Canada and are at least 15 years old
  • Have stopped working because of reasons related to COVID-19, or are eligible for EI regular or sickness benefits, or have exhausted their EI regular or fishing benefits between December 29, 2019 and October 3, 2020
  • Had employment and/or self-employment income of at least $5,000 in 2019, or in the 12 months prior to the date of their application
  • Have not earned more than $1,000 in employment and/or self-employment income per benefit period while collecting the CERB
  • Have not quit their job voluntarily

CERB applications can be done online here: https://www.canada.ca/en/services/benefits/ei/cerb-application.html

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April 2020 Update on Canada’s COVID-19 Economic Response Plan https://www.capstonellp.ca/2020/04/03/april-update-on-canadas-covid-19-economic-response-plan/ https://www.capstonellp.ca/2020/04/03/april-update-on-canadas-covid-19-economic-response-plan/#respond Fri, 03 Apr 2020 14:26:36 +0000 https://www.capstonellp.ca/?p=29434 On April 2, 2020, the Finance Minister announced various updates on the measures the Canadian government is taking to support individuals and businesses. These new measures, delivered as part of the Government of Canada’s COVID-19 Economic Response Plan, will now provide up to $82 billion in direct support to Canadians and Canadian businesses. Changes to income tax filing […]

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On April 2, 2020, the Finance Minister announced various updates on the measures the Canadian government is taking to support individuals and businesses. These new measures, delivered as part of the Government of Canada’s COVID-19 Economic Response Plan, will now provide up to $82 billion in direct support to Canadians and Canadian businesses.

Changes to income tax filing and payment deadlines:

UPDATES FOR BUSINESSES

The Canadian Emergency Wage Subsidy (CEWS) 

The government announced a wage subsidy of 75% for qualifying businesses, for up to 3 months, retroactive to March 15, 2020.

Eligible employers would include individuals, taxable corporations, and partnerships consisting of eligible employers as well as non‑profit organizations and registered charities.

The current update and details given:

  • This subsidy will be available to eligible employers that see a drop of at least 30 percent of their revenue, year over year (i.e. March 2020 versus March 2019).
  • Employers will need to attest to the decline in revenue and re-apply monthly.
  • The subsidy will provide support of up to 75% of an employee’s wages for a 3 month period retroactive to March 15, 2020, to a maximum of $847/week (75% of the first $58,700 of an employee’s salary).
  • The subsidy is limited to the lower of the above and the pre-crisis remuneration for the employees, including non arms-length employees (i.e. owners and shareholders)
  • More information related to the CEWS can be found on the Government of Canada’s website here.
  • The Canada Revenue Agency (CRA) will coordinate the CEWS through an online portal that is expected to be available in 3 to 6 weeks.
  • Businesses will need access to CRA’s My Business Account portal in order to apply.
  • For employers that do not qualify for the CEWS, they can still qualify for the 10% Wage Subsidy announced on March 18, 2020.  More details on this subsidy can be found here.

The Canadian Emergency Business Account (CEBA)

The government will be extending $40,000 loans to qualifying businesses interest-free for one year, of which $10,000 will be forgiven if $30,000 is fully repaid on or before December 31, 2022.

  • In order to be eligible the business must have had payroll in 2019 of $50,000 to $1 million
  • Businesses must contact their existing financial institutions to apply; however, not all major banks have announced the details of their programs yet
  • More details on this program can be found here.

GST/HST Remittance Deferral

To support Canadian businesses in the current extraordinary circumstances, the Minister of National Revenue will extend until June 30, 2020 the time that:

  • Annual filers, whose GST/HST return or instalment are due in March, April or May 2020, have to remit amounts collected and owing for their previous fiscal year and instalments of GST/HST in respect of the filer’s current fiscal year.
  • Quarterly filers have to remit amounts collected for the January 1, 2020 through March 31, 2020 reporting period; and
  • Monthly filers have to remit amounts collected for the February, March and April 2020 reporting periods;
  • More details on this program can be found here.

UPDATES FOR INDIVIDUALS

Canada Emergency Response Benefit 

This program will replace the previously announced Canada Emergency Care Benefit and Canada Emergency Support Benefit. Applications are set to become available April 6 through CRA’s My Account portal and will provide a $2,000 monthly benefit for 4 months to workers:

  • Who must stop working due to COVID-19 and do not have access to paid leave or other income support.
  • Who are sick, quarantined, or taking care of someone who is sick with COVID-19.
  • Who are working parents and must stay home without pay to care for children that are sick or need additional care because of school and daycare closures.
  • Who still have their employment but are not being paid because there is currently not sufficient work and their employer has asked them not to come to work.
  • wage earners and self-employed individuals, including contract workers, who would not otherwise be eligible for Employment Insurance.

To be eligible for the CERB, applicants must have had at least $5,000 in employment income, self-employment income, or maternity or parental leave benefits for 2019 or in the 12-month period preceding the day they make the application.

CRA will begin to accept applications on April 6 and there are specific rules to follow when applying (i.e. based on the month you were born). Please review the details on the Government of Canada website here.

If you do not yet have access to CRA My Account for Individuals, we recommend that you set up your account as soon as possible, as the process can take 5-10 days. If you require assistance from an Accountant Toronto we would be happy to help.

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Canada’s COVID-19 Economic Response Plan: Support for Canadians and Businesses https://www.capstonellp.ca/2020/03/19/canadas-covid-19-economic-response-plan-support-for-canadians-and-businesses/ https://www.capstonellp.ca/2020/03/19/canadas-covid-19-economic-response-plan-support-for-canadians-and-businesses/#respond Thu, 19 Mar 2020 19:26:40 +0000 https://www.capstonellp.ca/?p=29426 The post Canada’s COVID-19 Economic Response Plan: Support for Canadians and Businesses appeared first on Capstone LLP Chartered Professional Accountants.

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On March 18, 2020, the Prime Minister announced a new set of economic measures to help stabilize the economy during this challenging period. These measures, delivered as part of the Government of Canada’s COVID-19 Economic Response Plan, will provide up to $27 billion in direct support to Canadian workers and businesses.

Changes to income tax filing and payment deadlines:

For individuals, the filing due date for 2019 personal tax returns is deferred from April 30, 2020 to June 1, 2020.
For trusts having a taxation year ending on December 31, 2019, the return filing due date will be deferred from March 31, 2020 to May 1, 2020

The Canada Revenue Agency will allow all taxpayers to defer, until after August 31, 2020, the payment of any income tax amounts that become owing on or after March 18, 2020 and before September 2020. This relief would apply to tax balances due, as well as installments. No interest or penalties will accumulate on these amounts during this period.

The deadline to pay any income tax amounts, including tax balances due, as well as installments, that become owing on or after March 18, 2020 and before September 2020 is deferred until after August 31, 2020. No interest or penalties will accumulate on these amounts during this period.

For the vast majority of businesses, the Canada Revenue Agency will temporarily suspend audit interaction with taxpayers and representatives.

In addition to CRA changes, the Canadian government announced its COVID-19 Economic Response Plan, which will provide up to $27 billion in direct support to Canadian workers and businesses. Here are some of the highlights from this plan:

Temporary Income Support for Workers and Parents

Introducing the Emergency Care Benefit of up to $900 bi-weekly, for up to 15 weeks. This benefit provides income support to:

Workers, including the self-employed, who are quarantined or sick with COVID-19 but do not qualify for EI sickness benefits
Workers, including the self-employed, who are taking care of a family member who is sick with COVID-19, such as an elderly parent, but who do not qualify for EI sickness benefits

Parents with children who require care or supervision due to school closures, and are unable to earn employment income, irrespective of whether they qualify for EI or not

Waiving the one-week wait period for individuals in imposed quarantine to claim Employment Insurance (EI) sickness benefits has been waived.

Waiving the requirement to provide a medical certificate to access EI sickness benefits

Income Support for Individuals Who Need It Most

A one-time special payment by early May through the GSTC. The payment will double the maximum annual GSTC payment amounts for the 2019/2020 benefit year. The average boost will be close to $400 for single individuals and $600 for couples.

An increase in the maximum annual CCB payment amounts for the 2019/2020 benefit year by $300 per child. Affected families will receive the increase as part of their May payment.

Some additional measures include the following:

Six-month interest-free moratorium on the repayment of Canada Student Loans for all individuals currently in the process of repaying these loans

Reducing the required minimum withdrawals from RRIFs by 25% for 2020 in recognition of volatile market conditions

Helping Business Keep their Workers

To support businesses facing revenue losses and to help prevent layoffs, the government is proposing to provide eligible small employers with a temporary wage subsidy for a period of three months. The subsidy will be equal to 10% or remuneration paid during that period, up to a maximum of $1,375 per employee and $25,000 per employer. Businesses will immediately benefit from this support by reducing their remittances of income taxes withheld on their employee’s remuneration. Businesses eligible for the small business deduction, as well as non-profit organizations and charities will be eligible for this benefit.

Ensuring Businesses Have Access to Credit

The Business Credit Availability Program will allow the Business Development Bank of Canada (BDC) and Export Development Canada (EDC) to provide more than $10B of additional support to small and medium-sized businesses. BDC and EDC are cooperating with private sector lenders on credit solutions for individual businesses, including in sectors such as oil and gas, air transportation and tourism. Farm Credit Canada will also provide support to farmers and the agri-food sector.

The office of the Superintendent of Financial Institutions is lowering the Domestic Stability Buffer effective immediately. This will allow Canada’s large banks to inject $300B of additional lending into the economy.

The Bank of Canada cut interest rates by 0.75% as a proactive measure in light of the impact of COVID-19 on the Canadian economy.

For more information, please read the full report here in case you and/or your business may benefit from this. If you require assistance from a Chartered Accountant in Toronto, we would be happy to assist you.

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Important Dates in 2019 for Canadian Small Businesses https://www.capstonellp.ca/2019/02/21/important-dates-in-2019-for-canadian-small-businesses/ https://www.capstonellp.ca/2019/02/21/important-dates-in-2019-for-canadian-small-businesses/#respond Thu, 21 Feb 2019 12:49:36 +0000 https://www.capstonellp.ca/?p=26261 Many small business owners in Canada are unaware of the various deadlines for filing and payment of taxes for their corporations. It is important to ensure that deadlines are met in order to avoid interest and penalties. Something that may be helpful is that the Canada Revenue Agency (CRA) has a Business Tax Reminders mobile […]

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Small Business Sccountant Toronto - Important Dates

Many small business owners in Canada are unaware of the various deadlines for filing and payment of taxes for their corporations. It is important to ensure that deadlines are met in order to avoid interest and penalties.

Something that may be helpful is that the Canada Revenue Agency (CRA) has a Business Tax Reminders mobile app to help small and medium-sized businesses remember their tax deadlines. The mobile app lets business users create custom reminders and alerts for key CRA due dates related to instalment payments, returns and remittances.

We have also outlined the 2019 deadlines for you below:

Important Dates for Canadian Small Businesses in 2019

 

Corporate Tax

General Corporations: Balance of corporate taxes payable two months after your corporate fiscal year-end. If your corporation is expected to be taxable in the fiscal year, the CRA must have received the installments required throughout the year, and the estimated balance amount is due by this date, otherwise interest will accrue on any balance due and not paid.

Canadian Controlled Private Corporations (CCPCs): Balance of corporate taxes payable is due three months after your corporate fiscal year-end. If your corporation qualifies for the small business deduction and is expected to be taxable in the fiscal year, the CRA must have received the installments required throughout the year with the balance amount due by this date, otherwise interest will accrue on any balance due and not paid.

All Corporations in Canada: Corporate tax returns (T2) must be filed within six months of your corporation tax year-end. Returns filed after this date with taxes owing will be assessed a penalty on amounts owing as well as late filing penalties.
 

Payroll

Payroll remittances due on the 15th day of the following month for corporations with less than $25,000 in monthly withholding. If your withholding amount exceeds $25,000 then you may be required to remit on an accelerated schedule, more frequently.
 

GST/HST

The due date of a GST/HST return is determined by the reporting period.

Monthly or quarterly reporting period: the GST/HST return must be filed, and any amount owing must be remitted, no later than one month after the end of the reporting period.

Annual reporting period: the GST/HST return must be filed and any amount owing must be remitted no later than three months after the end of the fiscal year.
 

Information Returns and Slips

Information returns that include T4, T4A, T4A-NR, and T5 must be filed on or before the last day of February in each year and shall be in respect of the preceding calendar year. If the due date falls on a Saturday, Sunday, or public holiday, the information return is due the next business day.
 
If you need accounting or corporate tax assistance and require a Small Business Accountant Toronto please contact us.

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Understanding the 2018 Changes to RDTOH https://www.capstonellp.ca/2018/11/16/understanding-2018-changes-rdtoh/ https://www.capstonellp.ca/2018/11/16/understanding-2018-changes-rdtoh/#respond Fri, 16 Nov 2018 19:42:17 +0000 https://www.capstonellp.ca/?p=26146 Many small business owners are unfamiliar with the tax changes taking place in 2018, especially the changes related to the refundable dividend tax on hand (RDTOH). What is RDTOH? RDTOH is a tax mechanism used under the Canadian tax system that is built on the concept of “integration”. The purpose of the integration is for […]

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Small Business Accounting Mistakes

Many small business owners are unfamiliar with the tax changes taking place in 2018, especially the changes related to the refundable dividend tax on hand (RDTOH).

What is RDTOH?

RDTOH is a tax mechanism used under the Canadian tax system that is built on the concept of “integration”. The purpose of the integration is for investment income to be taxed at the same rate, whether the income is earned personally or initially by the corporation. Generally, passive investment income, such as interest, rental income, taxable capital gains and portfolio dividends from foreign companies, earned by a Canadian controlled private corporation (CCPC) is taxed at a higher rate than active business income, and a portion of the higher tax can be refunded to the corporation when it distributes taxable dividends to the shareholders.

How Does it Work Currently?

Passive income earned by CCPC is taxed at a high combined corporate tax rate, 50.17% in Ontario. A portion of the taxes (i.e. 30.67% of investment income) is refundable and added to the corporation’s RDTOH account. A tax refund is also allowed on the taxable dividends paid out, at the rate of 38.33%, up to the balance of the RDTOH account. The refund rate on taxable dividends is the same regardless of whether the dividends paid out are eligible or non-eligible.

What are the New Rules?

Effective taxation years that begin after 2018, the existing RDTOH will be divided to two pools: eligible and non-eligible.

The eligible RDTOH account will be deemed to be the lesser of the existing RDTOH balance and 38.33% of the balance of the general rate income pool (GRIP). Any remaining amount of the existing RDTOH balance will be allocated to the non-eligible RDTOH.

The “non-eligible RDTOH” pool will track the refundable Part I tax on investment income, and Part IV tax on non-eligible intercompany dividends. The “eligible RDTOH” account will be created to track only the refundable Part VI tax on eligible dividends.

Here are some points of note:

  • An RDTOH refund will only be available when the corporation pays out non-eligible dividends, with an exception for the RDTOH resulted from eligible portfolio dividends received by the corporation.
  • Ordering rule: a payment of non-eligible dividend will first generate a refund from the non-eligible RDTOH account, then the eligible RDTOH account.
  • Non-eligible dividend payment result in a refund from the eligible RDTOH account only when there is no balance left in the non-eligible RDTOH account.
  • No dividend refund is allowed when the corporation with only the non-eligible RDTOH pays eligible dividend.

Some Tax Planning Points

  • Maximize eligible dividends paid prior to changes to the highest extent possible
  • Pay by way of a promissory note if the company does not have sufficient cash flow to pay out eligible dividends
  • Increase investment in CCPCs to create ERDTOH
  • Generate more capital gains to pay out capital dividends

If you require any assistance with your corporate tax and accounting needs, contact your Accountants Toronto.

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Common GST / HST Filing Errors That Can Cost You https://www.capstonellp.ca/2018/07/06/common-gst-hst-filing-errors-can-cost/ https://www.capstonellp.ca/2018/07/06/common-gst-hst-filing-errors-can-cost/#respond Fri, 06 Jul 2018 15:23:33 +0000 http://www.capstonellp.ca/?p=25945 When running a small business in Canada, most entrepreneurs are savvy enough to know that when revenues (for taxable supplies) exceed $30,000 in any four consecutive quarters, it is time to register for and collect GST/HST. This also means that you’ll need to file GST/HST returns annually, quarterly or monthly, depending on your specific scenario […]

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Toronto CPA Accounting Firm

When running a small business in Canada, most entrepreneurs are savvy enough to know that when revenues (for taxable supplies) exceed $30,000 in any four consecutive quarters, it is time to register for and collect GST/HST. This also means that you’ll need to file GST/HST returns annually, quarterly or monthly, depending on your specific scenario and selection.

These are some common areas that we find small business owners who try to prepare or file their sales tax returns on their own make mistakes that can be costly:
 

Meals and Entertainment

A very common error that can occur is related to expenses and input tax credits (ITCs) related to meals and entertainment. For tax purposes, the allowable portion of the tax deduction for meals and entertainment expenses is 50% of the expense. Similarly, it is important to note that the ITC that can be claimed must follow suit, and only 50% of the GST/HST paid on meals and entertainment expenses are eligible to be claimed as ITCs.

Secondly, in relation to meals and entertainment expenses, when a tip is left for the server, there is no ITC related to the tip, and it is important to ensure that the ITC claim matches the actual allowable portion of the GST/HST paid.
 

Automobile Expenses

As many business owners know, when using a personal vehicle for business purposes, the prorated portion of any business-related expenses can be deducted against income. This would include items such as fuel and maintenance. However, a common oversight is that the ITC claim is not prorated by the respective business use portion as well. It is important to track this closely and ensure consistency between the prorated amount used for the tax deduction claim and the ITC claim.
 

Inter-Corporate Revenues and Expenses

There are often scenarios where a parent company or holding company will charge fees to a subsidiary (or operating company), for taxable supplies such as, for example, rent or management fees. It is common to forget that this is, after all, a commercial transaction, and there should be an agreement or invoice generated, and sales tax must be charged and paid (except for those companies that are eligible and have elected out of GST/HST in such transactions).
 

Summary and Recommendations

Software is available (such as QuickBooks Online and Xero) that can assist with calculating GST/HST collected and the ITCs to be claimed when filing. However, it is important to note that the software is not perfect and may not catch issues such as those noted above. It is always recommended to consult a professional accountant prior to filing anything with the Canada Revenue Agency to ensure that your risk of errors is minimized as much as possible. If you need any assistance with corporate tax or GST/HST filings please contact us.

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Impact of TOSI Income Sprinkling Rules on Canadian Small Business https://www.capstonellp.ca/2018/06/19/impact-tosi-income-sprinkling-rules-canadian-small-business/ https://www.capstonellp.ca/2018/06/19/impact-tosi-income-sprinkling-rules-canadian-small-business/#respond Tue, 19 Jun 2018 12:10:39 +0000 http://www.capstonellp.ca/?p=25923 A common tax minimization strategy used by many incorporated small businesses and common among professionals with Professional Corporations, was to effectively reduce the overall tax burden by issuing shares and paying dividends to family members, who often had little involvement in business operations, and minimal investment in the business as well...

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Small Business Accounting Tips
A major concern for Canadian small business owners has been the talk and proposals regarding revised tax rules that the government brought forward in the middle of 2017. While there was a lot of confusion, opposition and unanswered questions at the time, there have been some developments that will impact small business accounting and tax planning.

Background and Overview

Due to significant opposition from the Canadian Small Business community, tax accountants, accounting firms, and other stakeholders, the original proposals from July 18, 2017 that the Department of Finance issued with regards to small business tax changes were subsequently revised and released on December 13, 2017.

The revised proposed rules were better accepted by the business community, but still represent a large shift in the existing tax planning methods, strategies and abilities to split income for private corporations in Canada. Nonetheless, the new rules took effect on January 1, 2018 and are applicable to the 2018 and subsequent taxation years.

A common tax minimization strategy used by many incorporated small businesses and common among professionals with Professional Corporations, was to effectively reduce the overall tax burden by issuing shares and paying dividends to family members, who often had little involvement in business operations, and minimal investment in the business as well. The new TOSI (tax on split income) rules were intended to effectively remove the ability for many small business owners to split income and thereby remove their advantage over Canadian employees who are not able to use these types of tax planning strategies.

Revised TOSI and Income Sprinkling Proposals

The revisions that were released in December provided more insight into how the government planned to police these new rules, and also included a number of potential exclusions from the new rules as well.

Some of the tests to determine when TOSI will apply are subjective; however, the overall idea of TOSI, the new definitions and the new tests all add to the complexity of tax planning and the ability of small business owners to understand what may apply to them and their small business.

The bright side for some small business corporations is that the TOSI rules will not apply in situations where payments (i.e. dividends, interest and certain capital gains) are within the specified exclusions, also known as an “Excluded Amount”.

Excluded Amount Explained

  1. For all adults in Canada, any amount received from an “excluded business” will not be subject to the TOSI rules. Excluded Business is defined as:

Amounts are derived from an excluded business where the individual was actively engaged on a regular, continuous and substantial basis (“Actively Engaged”) in the activities of the business in a taxation year or in any five prior year taxation years of the individual.

In order to be considered “Actively Engaged” an individual would need to work in the business a minimum of 20 hours per week during the portion of the year when the business is operating (i.e. seasonal businesses may not operate for a full year) or has met that requirement of 20 hours per week in any of the five prior years; they do not need to be consecutive. If this test is met, the individual would be exempt from TOSI permanently on a go-forward basis under the new proposal.

If the individual does not make the 20 hours per week test, the individual may still meet this exclusion test. This would vary on a case by case basis upon further investigation by the CRA, if applicable.

  1. For individuals age 25 and over, TOSI will not apply on income from (or taxable capital gains from) the disposition of Excluded Shares” or a payment that qualifies as a “Reasonable Return”.

Excluded Shares would be defined as:
Shares of a corporation owned by an individual are and all the following conditions are met:

  • Less than 90% of the corporation’s business income was from the provision of services;
  • The corporation is not a Professional Corporation, i.e. physician, dentist, lawyer, chiropractor, etc.;
  • The shares represent 10% or more of the votes and value of the corporation; and
  • All or substantially all, of the income of the corporation is not derived from another Related Business in respect of the individual.

The specific requirement of the shares to be held by an individual means that any shares held through a Family Trust structure for the benefit of the individual would not qualify as an Excluded Share.

Reasonable Return would be defined as (for individuals age 25 and over):

  • The work is performed in support of the Related Business;
  • The property contributed directly or indirectly in support of the Related Business;
  • The risks assumed, in respect of the Related Business;
  • The total amounts paid or payable by any person or partnership to, or for, the benefit of the individual, in respect of the Related Business; and
  • Any other such factors that may be relevant.

In assessing a Reasonable Return, the CRA has provided the following criteria to provide some clarity on how they will evaluate the payment:

  • Labour Contribution – the work performed (tasks, hours, wage in comparison to industry, education, knowledge of individual, etc.) by the individual in support of the Related Business before the amounts became paid;
  • Property Contribution – the property contributed (loans, capital, any collateral, opportunity costs, past contributions, etc..) by the individual in support of the Related Business;
  • Risks Incurred – the risks (exposure to the liabilities of the business, personal reputation or goodwill at risk, extent contributions made at risk, etc.) assumed by the individual in respect of the Related Business;
  • Historical Payments – the total amounts paid by any company or partnership to, or for, the benefit of the individual in respect of the Related Business; and
  • Such other factors that may be relevant.
  1. For individuals between the ages 18 and 24, TOSI will not be applied to a return on property contributed in support of a Related Business that is a “Safe Harbour Capital Return” or, a Reasonable Return having regard only to contributions of “Arm’s Length Capital” to the business.

The Safe Harbour Capital Return is defined as a return that does not exceed a prescribed capital rate of return based on the highest prescribed rate under the Income Tax Act for the particular year. Currently this rate is at 2%, which would be applied to the Arm’s Length Capital invested by the individual to determine the maximum Safe Harbour Capital Return.

Arm’s Length Capital is property of an individual, other than property that is derived from property in respect of a Related Business, that is borrowed under a loan, or that is transferred from a related person (other than inherited property).

  1. For all individuals the taxable capital gain realized on death, from the disposition of qualified farm, fishing property, or qualified small business corporation shares, will be excluded from TOSI.
  1. For individuals age 65 or over, all amounts received by the individual spouse will not be subject to TOSI if the amount would have been an Excluded Amount had it been included in the individual’s income. This means that as long as the individual was active in the company in the past, once they reach the age of 65 they will be allowed to split income to their spouse and do not have to worry about the TOSI rules.

Summary

Although this draft legislation narrows the focus, and addresses many of the issues and concerns brought up by the various stakeholders, the revisions remain quite complex. The changes will certainly result in additional compliance costs for many small businesses and may result in a significantly larger tax burden for small business owners who have previously been income splitting with family members.

If you need assistance with any small business accounting or TOSI related matters, please feel free to contact us.

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When To Have a Business Valuation https://www.capstonellp.ca/2017/05/23/when-to-have-business-valuation/ https://www.capstonellp.ca/2017/05/23/when-to-have-business-valuation/#respond Tue, 23 May 2017 17:16:22 +0000 http://www.capstonellp.ca/?p=25821 Having your business evaluated by a Chartered Accountant provides you with an accurate picture of what it is worth in the current market. A business valuation is important for business owners if you are looking to make any changes. Professional Chartered Business Valuators can give you an independent and fair valuation of your business to […]

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Small Business Valuation

Having your business evaluated by a Chartered Accountant provides you with an accurate picture of what it is worth in the current market. A business valuation is important for business owners if you are looking to make any changes. Professional Chartered Business Valuators can give you an independent and fair valuation of your business to help with the process. Here is when you should get your business valuated:

Selling
If you are looking to sell your business you want to make sure that you know how much it is worth. Getting a business valuation can help you determine what valuation you should sell it at. The option for what to sell it at is up to you then, either at the valuation, below it, or above it. Having a valuation done is also a good negotiating factor because you can physically show buyers what your business is worth rather than having them just go on your word.

Buying/Expanding
If you are considering expanding or buying another business, start off by getting a business valuation of what you already have. This could help with securing loans for expanding. It will also help determine if now is a good time for growing your business. If you are acquiring another business consider doing your own independent valuation of it. They may or may not have gotten one done but hiring someone you trust to evaluate on your behalf is always a good idea, especially for such a big decision.

Reorganization
Businesses, big or small, go through reorganization from time to time. If you are adding shareholders or new partners a valuation might be in order. When you know how much your business is worth you can judge what percentage to give to shareholders, partners, or investors based on how much they invest. If you think your business is worth $100,000 but your partner thinks it is worth $50,000, when they invest $5,000 you will end up arguing about what percentage they own. A valuation helps settle those disputes.

Estate Planning
Everyone at some point in their life will settle down to organize and plan their estate. This is usually done for the purposes of a will. As a business owner, you have the option to leave your ownership to someone else upon your death. It’s important to know how much your business is worth while you are planning this out especially if you are giving it to multiple people.

Matrimonial Separation
Unfortunately, marriage does not always work out. During a matrimonial separation, all assets are assessed and discussed. If you own a business, whether you own it together or separately, it will likely be up for discussion. Most likely you will get a business valuation done on it to determine how much it is worth. In most divorces assets are divided somewhat evenly, but that doesn’t mean everyone gets half of everything. If you want full ownership of your business you might exchange it for other assets of equal value.

Conclusion
Having an up to date and fair valuation of your business is never a bad idea. It gives you a good look at how much the business you spend your time running is worth. Contact us today if you would like to set up a business valuation.

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When Is the Right Time to Hire An Accountant For Your Small Business? https://www.capstonellp.ca/2017/05/15/right-time-hire-accountant-small-business/ https://www.capstonellp.ca/2017/05/15/right-time-hire-accountant-small-business/#respond Mon, 15 May 2017 21:49:12 +0000 http://www.capstonellp.ca/?p=25807 A Chartered Professional Accountant can help your business grow at various stages. They do a lot more than handle payroll, bookkeeping, and taxes. The financial advice they can provide can make or break whether a business survives or not. A big question small business owners have is “when is the right time to hire one?”. […]

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When to Hire a Small Business Accountant

A Chartered Professional Accountant can help your business grow at various stages. They do a lot more than handle payroll, bookkeeping, and taxes. The financial advice they can provide can make or break whether a business survives or not. A big question small business owners have is “when is the right time to hire one?”. However, there is a good reason for hiring an accountant at each stage of a company’s growth.

 

In The Beginning

There are multiple reasons to consider hiring a Chartered Accountant at the beginning of opening up your small business – they will be an incredibly useful resource, especially if you have never opened or operated a business before. An accountant can help you create a business plan that will include initial budgeting. If you have trouble figuring out financing they can also be of assistance by aiding you with your loan applications.

When opening a small business, a lot of people do not think about the legal structure of it. Not all businesses are built the same, especially in terms of legal organization. Each type of legal structuring has its advantages and disadvantages. A small business accountant will be able to advise you on what type of structure would work best for you. They can also help you figure out other legal aspects like how to pay yourself, how to set up business accounts, and how to hire employees.

Hiring a Chartered Professional Accountant during the early stages will help you in the long run. They have financial knowledge, experience, and advice that could end up saving you a lot of time and money.

 

After It Is Set Up

If you have already established your small business, or do not need help doing so, then consider hiring an accountant once you are settled. Small businesses take a lot of work to run, with owners usually taking on a lot of the responsibility themselves. Doing the finances for any business is a big job, especially if you are not trained in accounting.

Hiring a small business accountant means they can keep track of your finances, catch bookkeeping errors, manage payroll, and set a budget. Do not worry about the cost of an accountant as most of them more than make up for their price due to the money they save you. When you hire an accountant you get to spend less time on bookkeeping and more time actually running your business.

 

During Tax Season

For experienced small business owners sometimes an accountant is only needed during tax season. Hiring an accountant for small business taxes can end up saving you a significant amount of money. They will be able to catch any bookkeeping or other financial errors you might have made. They can also find you tax breaks and deductions you might not have known about.

If the government ever audits your business the first things you should do is hire an accountant to get things on track. A Chartered Accountant is trained to deal with audits and can help you recalculate figures, budget for paying more money and prevent you from getting audited again. The best way to not get audited though is to always use a chartered accountant when filing your small business taxes.

 

Business Changes

Anytime your business is undergoing a major change it is a good idea to speak with an accountant. If your business is expanding that is a good sign, but it almost means there is more to handle. An accountant will be able to guide you through the process. They can also help you with financing new locations, hiring more staff, and expanding your service/products.

Hiring a Toronto Chartered Accountant is also a smart move if you are downsizing or selling. They can prepare any financial reports and records that will be needed for the government and buyers. A small business accountant will also help you get the best value for your business.

 

There is never a wrong time to hire an Accounting Firm Toronto to help you out. They can provide valuable advice and services that will only aid your small business. So whether you are just starting out or firmly established, consider hiring a Chartered Accountant. Contact us for any of your small business accounting needs.

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