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Personal Services Business

Income Tax Act subsections 125(7) and 123.4(1) A personal services business (PSB) is a corporation that carries on business through an individual, and that individual performs services while actually acting like an employee. This is occasionally known as the incorporated employee. The Income Tax Act provides that a PSB is found where an individual who performs services on behalf of a corporation, or a person…

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Permanent Establishment

Income Tax Act Subsections 124(1) and 124(4) Income Tax Regulations subsection 400(2) A permanent establishment is a fixed place of business, which allows a certain jurisdiction to tax the income being made at that fixed place of business. The typical types of permanent establishment are: A fixed place of business; A construction of project; An agency permanent establishment; Rental operation; and Subsidiary of a corporation. If…

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Lifetime Capital Gains Exemption

Income Tax Act subsection 110.6 The Lifetime Capital Gains Exemption (LCGE) allows a taxpayer to receive $800,000 or $1,000,000 of otherwise taxable capital gains on a tax-free basis. The difference in tax-free amounts directly relates to the property that the gain relates to. The deduction is only available where: An individual owns qualified small business corporation shares (link to article); An individual owns qualified farm…

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Income Splitting Through Loans

Income Tax Act Subsection 74.5(2) Income Tax Regulations Subsection 4301(c) Income splitting is an attempt by one taxpayer to send taxable income to another taxpayer in a lower bracket. Typically this is done by splitting income between family members. Income splitting through loans is where a taxpayer loans funds to the lower-income son, daughter, mother, father, or spouse. The funds are then used to purchase…

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Illegal Income

Taxpayers are typically surprised to learn that income from illegal activities is still subject to tax here in Canada. The scenario usually plays out that someone is convicted of a crime (drug-dealing), and following this, that same individual is then audited for unreported income. It can be extremely difficult, if not impossible to lower the amount of income assessed by the Canada Revenue Agency (“CRA”).…

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Gross Negligence Penalties

Income Tax Act Subsection 163(2), 163(3) If you, knowingly or under circumstances amounting to gross negligence, made a false statement or omission on your tax returns, the Canada Revenue Agency (“CRA”) may charge you with a penalty. The penalty is equal to the greater of: $100; and 50% of the understated tax and/or the overstated credits related to the false statement or omission. However, if…

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Gifts and Inheritances

In Canada, there will be no amount of taxes due from the receipt of a gift or inheritance in most circumstances. The giver of the gift may have a taxable event occur if they are gifting capital property. The gift will be deemed to have occurred at fair market value, and the gifter will have to pay any taxes owing on the capital gain, if…

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General Anti-Avoidance Rule (GAAR)

Income Tax Act Subsection 245 The General Anti-Avoidance Rule essentially states that where a transaction, or a series of transactions results in a reduction, avoidance, or deferral of taxes owing, and the transaction or the series of transactions are only being attempted for the tax benefits, the transaction or transactions themselves may be invalidated. The Supreme Court of Canada has established a three-point test in…

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Fraudulent Filing

Fiscal Arbitrators, Demara Consulting, and various other companies will tell you they know the secret to Canadian Income Tax. They will tell you they can file your returns in such a way that you will retrieve all taxes paid for the last 3, 7, or even 10 years. Should you be concerned about what your accountant is doing, seek legal assistance immediately. It may mean…

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Directors Liability

Income Tax Act Subsection 227 Excise Tax Act Subsection 323 Typically in Canada, your debts are your own. However, where corporations are involved that is not always the case. The Canada Revenue Agency (“CRA”) can assess director’s of a corporation for certain kinds of corporate debts. The most common are unpaid source deductions, and GST/HST. There are defenses available to fight the imposition of director’s…

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