Canadian Tax Podcast

Canadian Tax Podcast 005 – Business Tax Planning; Personal Use Property + T1135; Capital Gains In Corp.


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Canadian Tax Podcast for the week of March 29, 2021. This week we cover:

  • Coinsquare account info release;
  • Carbon tax;
  • Federal Budget announced;
  • Ontario Budget released;
  • Expense/deduction planning for the newly self-employed;
  • T1135 reporting re. personal use property and foreign currency;
  • Sale of property in a corporation, triggering capital gains;

[INTRO]:

“This is the Canadian Tax Podcast, Episode # 005,  hosted by me, Cameron Ware. Good morning”

 [NEWS SECTION]
  • “Happy Monday, it is the week of March 29, 2021. We’ll start with the news.
 [ITEM 1] – COinsquare to hand over info
  • Federal judge ordered Coinsquare to hand over client info;
  • Threshold for reporting was accounts holding over $20,000;
  • Goes back to Jan 01/13;
  • Uses CRA tool called “Unnamed Persons Requirement”
  • From CRA’s site: “enables the CRA to obtain information from an individual or a company about third parties. After the CRA gets this information, it can verify if the unnamed person correctly reported  income and sales tax…”
  • https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/compliance/real-estate-sector/unnamed-persons-requirements.html
  • https://nationalpost.com/news/canada/major-canadian-cryptocurrency-marketplace-must-fork-over-details-of-thousands-of-clients-to-cra-court-rules
 [ITEM 2] – Carbon Tax
  • Supreme Court ruled 6-3 in favour of Feds pushing a carbon tax.
  • Alberta/West unhappy.
  • https://www.cbc.ca/news/canada/calgary/kenney-jonathan-wilkinson-west-centre-kathleen-petty-1.5967214
 [ITEM 3] – BUDGET ANNOUNCED
  • Last week Freeland announced new Budget.
  • Date set for April 19th 2021.
  • Freeland Quote during question period: “Canada entered this global pandemic in a strong fiscal position, which allows our government to provide unprecedented support to Canadians. We will continue to do whatever it takes to support Canadians and Canadian businesses, and we have a plan for jobs, and robust growth,”
  • I hope so. End of March/19 deficit was $19.7bil. At the end of 2020, at about $381bil.
  • https://www.canada.ca/en/department-finance/news/2021/03/government-of-canada-announces-date-of-budget-2021.html
ITEM [4] – Ontario Budget
  • March 24, Ontario budget released;
  • Run a $33bil deficit;
  • On track to balance in 2029/20
  • https://budget.ontario.ca/2021/contents.html
QUESTIONS
  • Newly self-employed.
    • [quote]
    • Yes, use an tax calculator and plug/play numbers;
    • Buy some tax software and model;
    • Pro-tip: Use Excel;
    • Best bet: get an accountant to model;
    • https://www.wealthsimple.com/en-ca/tool/tax-calculator/
    • https://www.taxtips.ca/calculators.htm
  • Personal Use Property/T1135
    • [quote]
    • Does not need to be reported. “Specified” foreign property.
    • “a personal-use property as defined in section 54 of the Act.”
    • Good rule: Not income-producing.
    • Report on Schedule 3
    • Question about foreign currency from sale. If it’s held in a US bank account, sits in a US bank account, earns interest in a US bank account, yes. Sitting in a lawyer trust account waiting to transfer to CDN account? Beneficial ownership, maybe not.
    • Thing about T1135 is it doesn’t hurt to file anyway. It’s a disclosure form.
    • https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/t1135/t1135-19e.pdf
  • Sale of Land
    • [quote]
    • Tax at corp level, tax at personal level;
    • Corp: $550/2 = $275k CDA, $275k pay corp tax.
    • Artificially-high tax “Refundable tax”, until you pay out a dividend = trigger refund of RDTOH.
    • CDA = T2054 CDA election
    • https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/t2054/t2054-20e.pdf
    • Date things correctly, pay out the balance.
    • Personal portion: Pay out dividends over time, keep in low tax rate.
OUTRO

That will wrap things up for today. Like always, if you have any questions, send them to [email protected], or find us on twitter: https://twitter.com/cdntaxpodcast  

This is Canadian Tax Podcast, thanks for listening. 

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