The interest income on compound-interest obligations, such as Canada savings bonds
(CSB) or other instruments like guaranteed-investment certificates (GIC) acquired
after 1989, must be reported on an annual accrual basis from the anniversary date.
Investment issuers are obligated to provide taxpayers with annual information slips
(T5) reporting this income, although it is the taxpayer’s responsibility to ensure
all interest is recorded.
Taxpayers who receive eligible dividends from a public Canadian corporation (and
certain private, resident corporations that must pay Canadian tax at the general
corporate rate) are subject to an enhanced dividend tax credit rate that includes
a 45 per cent gross-up (up from the previous 25 per cent), offset by a federal-dividend
tax credit, which reduces federal income tax payable, worth roughly 19 per cent
(18.97 per cent) of the total grossed-up amount (the actual reduction is 11/18ths
of the 45 per cent gross-up). This equates to a dividend tax credit worth
27.5 per cent of actual dividends.
This enhanced dividend tax credit rate credit covers eligible dividends paid since
January 1, 2006. Both public and private corporations whose dividends are subject
to the enhanced rate must notify their shareholders of this status.
Ineligible dividends from Canadian-controlled private corporations (CCPC) not subject
to the general corporate tax rate will continue to be subject to the 25 per cent
gross-up and 16.67 per cent dividend tax credit, (or 13.33 per cent reduction to
the total grossed-up amount).
Ontario now has a two-tier dividend structure in place similar to that of the federal
government. Dividend tax credits on eligible dividends from public Canadian corporations
and other private, resident corporations that pay Canadian tax at the general corporate
rate are received at 6.7 per cent of eligible taxable dividends in 2007 (up from
6.5 per cent in 2006). Dividends from other CCPCs receive a credit of 5.13 per cent
of the grossed-up amount.
Although dividends from non-resident corporations must also be included in income,
they are not subject to either the gross-up or dividend tax credit. Where foreign
currency is involved, such dividends must be converted to Canadian dollars at the
average rate of exchange for the year.
Stock dividends are generally treated as ordinary taxable dividends. The dividend
amount also represents the cost of the new shares. If the stock dividend is in shares
of the same class, it may affect the shareholder’s average cost for future sales.
Common shareholders of a public corporation are sometimes entitled to apply their
dividend proceeds toward the purchase of additional corporate shares at a discount
from market price under a dividend-reinvestment plan (DRIP). This will, in turn,
incrementally increase the cost base of their investment.
Although such shareholders will, under a strict interpretation of the Income Tax
Act, incur a taxable benefit equal to the discount amount when such shares are purchased,
in practice the CRA does not assess a benefit where the amount paid for the additional
shares is at least 95 per cent of its fair market value and all shareholders are
accorded the same reinvestment rights. Taxpayers are, however, still liable for
tax otherwise payable on their dividends in the year such dividends have been reinvested.
Note: stock splits are not taxable.
A capital gain results from a sale or deemed disposition of a capital property,
such as an investment-related instrument (e.g., stock), when it is sold for more
than its ACB, less any disposition expenses incurred, like commissions. Unlike ordinary
income however, only 50 per cent of the gain is included in income.
When investors experience a loss, the 50 per cent “allowable capital loss” amount
must first be used to offset any capital gains they may have in the same year. Any
unused allowable capital loss amount may be carried back up to three years, or forward
indefinitely, to reduce taxable capital gains of other years.
The inclusion rate for capital gains and losses has not always been 50 per cent.
In 2000, for instance, the inclusion rate was decreased twice, from 75 per cent
to 66.67 per cent, then to 50 per cent. Individuals may, therefore, need to make
complex adjustments when applying capital losses of one year against capital gains
of another.
Special rules exist for capital gains and losses originating from certain foreign
currency transactions where there is a fluctuation in foreign exchange rates. Your
certified general accountant can help determine whether these rules are applicable
to you.
Capital gains from dispositions of qualified farm and fishing property, as well
as small business corporation (SBC) shares, may be eligible for a taxpayer’s lifetime
exemption of up to $750,000 effective on or after March 19, 2007, (increased from
$500,000 prior to that date). At a 50 per cent inclusion rate, this represents a
taxable amount of $375,000 (up from $250,000).
An individual’s ability to claim the capital-gains deduction may be reduced by past
claims for capital-gains deductions,
allowable business-investment losses (ABIL), or for a
cumulative net investment loss (CNIL).
If a property sale results in a capital gain and a portion of the proceeds is not
due until after the year-end, taxpayers may claim a reasonable reserve for the unrealized
portion of that gain. At least one-fifth of the capital gain must be included in
income each year unless it arises from the sale of a farm, qualified fishing business
or shares in a SBC to the taxpayer’s child. In that case at least one-tenth of the
gain must be included in income annually.
A reserve for the unrealized portion of an ordinary income gain may be claimed for
up to 36 months from the date of the sale (unless the proceeds become due earlier)
if:
- the sale of land results in an ordinary income gain and a portion of the proceeds
are not due until after the taxation year-end or
- the sale of property, other than land, results in an ordinary income gain and a
portion of that gain is due more than two years after the sale date
A reserve claimed in one year must be taken into income the next year and a new
reserve, if still applicable, claimed at the end of that year.
A small business corporation (SBC) is a CCPC in which all or substantially all of
its assets (generally representing at least 90 per cent of FMV) at the time of sale
were:
- used in an active business carried on primarily in Canada (more than 50 per cent)
by a corporation or any related corporation(s); or
- shares or debt of one or more connected corporation(s) which also qualify as a SBC
A connected shareholder is defined by the Income Tax Act as one who owns at least
10 per cent of the issued shares of any class of stock in a corporation (or related
corporation). The CRA also takes into account the right of an individual to acquire
additional shares when making this calculation.
To qualify for the $750,000 capital-gains deduction, shares of an SBC (including
connected corporations, which are considered to be associated and, therefore, part
of the same unit) must meet several requirements. Throughout the 24 months immediately
prior to disposition, for instance, the shares must have been owned either by the
taxpayer or a related person or partnership. Throughout that same period, more than
50 per cent of the FMV of a corporation’s assets must have been used in an active
business carried on in Canada and/or be shares or debt of a qualified connected
corporation.
The requirement to hold shares for 24 months does not apply to treasury shares issued
as consideration for other shares or the assets used in an active business. A special
provision also applies for qualified SBC shares when the company goes public. Taxpayers
may elect to dispose of their small business shares immediately prior to the corporation
going public. Where the shares’ FMV exceeds their ACB, investors may specify any
amount between those values as proceeds of disposition and then recognize a capital
gain, to be offset by the available capital-gains deduction.
Individuals may defer the tax on capital gains from eligible small-business investments,
provided such proceeds are reinvested in another eligible small business. Eligible
small-business investments include newly issued shares in an SBC whose assets do
not exceed $50 million. An eligible reinvestment can be made at any time during
the year of disposition or within 120 days after the end of the year.
In practice, the classification of an SBC and applications involving its subsidiaries
can sometimes be complex. Consult your certified general accountant for guidance
in this area.
A loss realized from the arm’s-length sale of shares or qualifying debt of an SBC
may qualify as a business-investment loss. Similarly, a loss upon the deemed disposition
of an uncollectible debt of an SBC or the shares of a bankrupt SBC may qualify.
Taxpayers might also be able to claim, via an election on their tax return, an allowable
business-investment loss (ABIL) if they continue to hold shares or debt in an SBC
that has become insolvent.
For payments made under an arm’s-length guarantee on a debt owing by an SBC, the
taxpayer will, within certain time limitations, still be able to claim an ABIL on
principal repayments made under that guarantee, even though the business no longer
qualifies as an SBC.
A business-investment loss is calculated the same way as a capital loss, except
that it may be applied against all income, not just capital gains. One-half of the
business-investment loss may be applied against other income in the year the loss
is realized. Unused portions of an allowable business-investment loss may be carried
back three years, with the balance carried forward 10 years. If any unapplied ABIL
balance remains at the end of ten years attributable to losses sustained after 2003
(or at the end of seven years for losses attributable prior to 2004), it then becomes
a net capital loss, which can be used to reduce taxable capital gains thereafter.
The deductible amount of an individual’s ABIL must first be reduced by any previously
claimed capital gains deduction. If any allowable business loss is deducted from
income, an equal amount of taxable capital gains must be realized and reported as
income in subsequent years before the capital-gains deduction becomes available.
Where a corporation is insolvent and neither it nor a corporation controlled by
it carries on business, the taxpayer will be allowed to elect a disposition for
tax purposes and realize the loss. If that corporation or another controlled by
it commences carrying on business within 24 months, the taxpayer must recognize
a gain equal to the loss claimed in the year the business recommences.
An election must be made under the Income Tax Act to claim a loss on debt, or shares
of an insolvent company. This requirement also applies to claiming capital losses
even where the company is public.
A taxpayer’s cumulative net-investment loss (CNIL) at the end of a year is defined
as the amount by which the total of investment expenses incurred after 1987 exceeds
the total of their investment income for those years.
The cumulative gains limit for purposes of the capital-gains deduction will be reduced
by the amount of an individual’s CNIL balance at the end of a taxation year.
Income trusts are investment instruments that distribute cash from revenue-generating
assets directly to unit holders in a tax-efficient manner—often without having to
pay any tax at the corporate level. As such, they have proven to be a popular
vehicle for both many businesses and individual investors, since assets held in
a trust structure tend to be more highly valued in comparison to other corporate
structures.
The activity of such trusts, now also formally known as specified investment flow-through
(SIFT) trusts, has been sharply curtailed, however, after Canada’s Finance Minister
announced significant changes to the income trust taxation structure in October
2006. These have resulted in the distributions from such trusts being taxed more
like dividends from corporations.
The structural changes announced took effect in 2007 for certain trusts, such as
new trusts, that were not publicly traded until after October 2006; they will not
apply until the 2011 taxation year for other trusts that were publicly traded prior
to November 2006 and whose growth in the intervening period does not exceed what
the Department of Finance defines as “normal growth.”
Certain real estate investment trusts (REIT) meeting specified criteria are exempt
from the new rules.
Income trust structures that are still allowed under the new rules might appeal
to investors who are interested in a steady cash-flow return. Such investors should
note, however, that a component of the cash flow from income-trust investments might
constitute a return of capital, as opposed to income. This return of capital results
in a lower cost base, thus leading to a larger capital gain when such investments
are disposed.
Due to the complexity of income-trust taxation and the new restrictions placed upon
such structures, it is best to check with your certified general accountant if income
trusts are part of your investment strategy.
Interest expenses on borrowed funds between arm’s-length parties who are engaging
in transactions at commercial interest rates are deductible provided the taxpayer
uses the funds to produce income from a business, investment or property. The same
provisions might also apply as a result of a loan between non-arm’s-length parties
provided FMV is received and the recipient pays interest on the loan.
Interest expense on funds borrowed to make an interest-free loan might also be eligible
for deduction in certain instances where it can be proven that such funds are ultimately
used to earn, or enhance income-earning capability.
A taxpayer can also deduct fees (but not commissions) paid for advice received with
respect to the purchase, sale and administration of specific investments, such as
shares or securities, provided those fees are paid to a professional whose principal
business involves managing such investments.
Decisions handed down by the Supreme Court of Canada (Singleton, Ludco Enterprises
Ltd.) in September 2001 reinforced the right of taxpayers to deduct interest when
borrowed money was used for the purpose of earning income from a business or property.
Lower courts had earlier denied the taxpayers their respective deductions.
The Supreme Court ruled that in the absence of evidence of a sham, window-dressing
or other similar circumstances, the courts could not question whether other “economic
realities” served as motivation behind a subsequent transaction (Singleton), nor
could they question the sufficiency of the income expected or received (Ludco).
However, this remains a very sensitive area of tax law, and lower court rulings
since then have not necessarily been consistent with those results (i.e., Lipson).
Therefore, it is best that you consult your certified general accountant for advice
about appropriate tax strategies involving complex transactions.
The Income Tax Act contains specific rules with respect to the treatment of superficial
losses. The superficial loss provision—which begins 30 days before and ends 30 days
after the disposition of a property—exists to prevent a taxpayer from executing
a transaction that creates a loss while they, or an affiliated person or corporation,
retain or acquire control of the same or an identical property as that which created
the loss.
Consult your certified general accountant for details about which types of dispositions
would constitute superficial losses.
The gain realized by an individual on a principal-residence disposition is not included
in income and is, therefore, tax-exempt.
A principal residence includes the immediately adjacent land, generally considered
to be up to one-half hectare (about 1.24 acres), unless any excess land can objectively
be demonstrated to have contributed to the use and enjoy-ment of the housing unit
as a residence. As the determination of any additional exempt portion for the purpose
of this gain is complex, you are advised to contact your certified general accountant
to assist with this calculation.
Before 1982, individuals were able to arrange their affairs such that if they owned
two properties (e.g., a residence and a cottage), the residence could be registered
in the name of one spouse and the cottage in the other’s name. This resulted in
the couple enjoying the benefit of owning two principal residences, while avoiding
taxation on the disposition of either property.
For 1982 and subsequent years, a family unit has only been permitted one principal
residence for purposes of this exemption. A couple who owned two principal residences
prior to 1982 and still own both could possibly enjoy the benefit of two principal-residence
exemptions on gains that had accrued up until December 31, 1981.
It is also still possible to obtain the benefits of two principal-residence exemptions
by transferring one of the properties (preferably one that has not appreciated substantially
in value) to a son or daughter over 17 years of age, who currently does not own
a principal residence. When that property is subsequently disposed of, adult children
may claim the principal-residence exemption and avoid taxation on disposition, provided
it qualifies as their residence. A complex calculation to determine which property
generates the higher exempt capital gain may be required. Your certified general
accountant can help with this area.
Because a principal residence is considered personal-use property, taxpayers cannot
realize a capital loss if, when they sold their home, its value had depreciated
from the time it was purchased.
Should a dispute with the CRA arise regarding whether a house sold constitutes a
principal residence or is part of a business transaction, factors such as the length
of ownership; frequency of home purchase/sale; and the taxpayer’s original intent
when purchasing the property will likely be taken into account.
Other relevant factors may include an examination of the type of property being
sold, the length of ownership of the property, the frequency of similar transactions,
the work done on the property, the circumstances leading to its sale, and the motive
behind the acquisition of the property, among others.
Consult your certified general accountant in situations where such questions might
arise about principal residences.
Personal Use Property
There are two main categories of personal-use property. One is also termed “personal-use
property.” The other is “listed personal property” (LPP). While both categories
refer to property that is held primarily for personal enjoyment, and not for commercial
use, items characterized as LPP are specific and include:
- print; etching, drawing, painting, sculpture or other similar work of art
- jewelry
- rare folio, rare manuscript or rare book
- stamps
- coins
From a tax perspective, both types of personal-use property are considered to have
both an adjusted cost base, as well as proceeds upon disposition of at least $1,000.
As a result, they cannot produce a capital gain unless disposed of for greater than
$1,000. Most personal-use-property losses are considered personal expenses and are,
therefore, not deductible. Only LPP can produce a capital loss, subject to strict
rules. For example, capital losses arising from LPP can only be offset against capital
gains specifically arising from LPP. If LPP losses cannot be offset by LPP gains
in the same year, they can be applied against previous LPP gains not already offset
up to three years back; or against future gains for up to seven years.
Consult your certified general accountant for more details.
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