The 2016 Federal Budget

Last Tuesday, the Minister of Finance, Bill Morneau, delivered the Liberal governments much anticipated 2016 Federal budget.

While much of the budget had been floated and/or proposed during the election and confirmed in part on December 7th (the middle-class tax cut and 4% increase in tax rates for high income earners) by Mr. Morneau, there were some still some surprises.

In January, I wrote a blog post on how the "Top 1%, are not Happy Campers". I would suggest they are still not (see my CBC National News interview on this topic here and the story of this high earner leaving Canada). Yet, I think between all the trial balloons and rumours, from raising the small business tax rate to 26.5%, to a possible increase in the capital gains rate from 50% to 75%, many of the "Top 1%" felt they escaped tax Armageddon to some extent. However, if you are a small business owner or professional, there were many under the radar changes that may significantly impact your future tax planning and depending upon your fact situation, potentially result in even more income taxes. If planned, it was an excellent job of misdirection from the government in respect of high income earners.

The "middle-class"are the winners here. However, I still want to reserve judgment as to how big a win certain people had. The "middle-class" has lost the family tax cut worth $2,000 to some people. In addition, much of the "middle-class" gain revolves around children, so if you are single or do not have children or only say one child, your benefit is not quite as large. Finally, the new Canada Child Benefit ("CCB") starts to phase out on adjusted family income in excess of $30,000, so many families will have a reduction in their child tax benefit. So while most people will be net winners, some middle-class people may not benefit as much as they anticipate. This Toronto Star article
presents some interesting numbers on how the federal budget affects everyday Canadian families.

Business Changes

The budget contains several proposals that will close down many popular tax planning techniques used by high income earners. These include:

a) The transfer of personal life insurance policies to private corporations that allow the shareholder to extract tax-free funds. New measures will reduce or eliminate these transfers effective March 22, 2016. For those who transferred policies prior to the budget date and took back tax-free shareholder loans, essentially the new proposal will cause the tax-free capital dividend received by the corporation upon your death, to be reduced by the tax-free loans you took from your company while alive. 

b) Many partnerships created structures whereby the partners had corporations that provided services to the partnership allowing them to potentially access the $500,000 small business exemption. For taxation years that begin after March 21, 2016, the budget will change the rules to catch this type of service income. I am surprised it took this long to eliminate this type of planning.

c) It is somewhat common for the spouse of a high income earner to incorporate a company that provides services to their spouse's corporation. This planning can often allow both spouses corporations to access the $500k small business deduction. Also applicable on or after March 22, 2016, the budget will deem the service income to not be eligible for the SBD where the shareholders or a person does not deal at arm's length (such as spouses). Thus, combined, the two related corporations can only claim $500k SBD in total.

Other Business Changes

1. The small business tax rate reductions legislated by the Conservative government will be frozen at 10.5% for 2016 and beyond.


2. The Eligible Capital Property regime (such as goodwill, customer lists and licences) will now be replaced with a new capital cost allowance class (Class 14.1) with a 5% declining balance. The CEC balances will be transferred effective January 1, 2017. This is very complex, but will be less beneficial than the current regime in many cases as active income is now being turned into investment/property income.


3. There will be significant changes to transfer pricing and anti-surplus stripping and various foreign transactions which are beyond the scope of this post (meaning, way too complicated for me and you need a non-resident specialist).

Miscellaneous Personal Changes

1. The budget proposes the elimination of the children's fitness tax credit, arts tax credit and education and textbook tax credits as of January 1, 2017. The children's fitness tax credit and arts tax credit will be halved for 2016 and you can continue to carry forward unused education and textbooks credits. The Federal tuition credit is unchanged.

2. The family tax cut will be eliminated for 2016 and subsequent years.

3. The child tax benefit and universal child benefit will be combined into one non-taxable Canada Child Benefit ("CCB"). The CCB will provide annual benefits of up to $6,400 per child under six years old and up to $5,400 per child six through seventeen. On the portion of adjusted family net income between $30,000 and $65,000, the benefit will be phased out at a rate of 7 per cent for a one-child family, 13.5 per cent for a two child family, 19 per cent for a three-child family and 23 per cent for larger families. Where adjusted family net income exceeds $65,000, remaining benefits will be phased out at rates of 3.2 per cent for a one-child family, 5.7 per cent for a two-child family, 8 per cent for a three-child family and 9.5 per cent for larger families, on the portion of income above $65,000.

The budget proposes to provide an additional amount of up to $2,730 per child eligible for the disability tax credit.

4. The retirement age for Old Age Security will be rolled back to age 65.

5. Many mutual funds have been structured to allow "switches" among the funds (known as corporate class funds) to avoid triggering tax. The budget proposes that for dispositions after September 2016, a taxable disposition will occur when you switch among mutual funds with the exception of switches between series of shares within a class (i.e.: the shares within the class are essentially the same funds).

6. There was no budget proposals in respect of stock options, a pleasant surprise, given the Liberals had discussed restrictions being implemented.

7. The Conservative governments proposal to allow the donation of real estate or private corporation shares will not proceed.

The budget contained multiple proposals, but I have only touched on a few. For many of the proposals, the devil will be in the details.

This site provides general information on various tax issues and other matters. The information is not intended to constitute professional advice and may not be appropriate for a specific individual or fact situation. It is written by the author solely in their personal capacity and cannot be attributed to the accounting firm with which they are affiliated. It is not intended to constitute professional advice, and neither the author nor the firm with which the author is associated shall accept any liability in respect of any reliance on the information contained herein. Readers should always consult with their professional advisors in respect of their particular situation.

Getting Organized to File Your 2013 Personal Tax Return

Following my six-part Retirement series, I have no energy left to put together any original thoughts. So, I am going to provide you a summary of the Twitter Tax Tips I posted last year to help you get organized for tax season. I will provide a similar summary for tax preparation tips in the next week or so.

Organizing Tips

1. Make a checklist of all the tax slips you expect to receive this year and follow-up any missing slips, no matter how small. This will help you avoid a 20% penalty when the CRA matches your tax slips next fall.

2. Medical expenses must evidence payment. Have the pharmacy, dentist, orthodontist, chiropractor, etc. provide you with a yearly summary receipt so you don't have to find the twenty different chiropractor receipts you had during 2013.

3. For each donation you made online, ensure you receive or request an official tax receipt. The online confirmations are not official receipts. To clarify; when you donate online, you receive a payment confirmation receipt (this confirmation receipt is not an official receipt) and often, a notice that the official receipt will be sent separately or must be downloaded. Many clients provide me the payment confirmation receipts and do not download the official receipt or request such.

4. If you incur expenses to earn employment income, request a signed Form T2200 from your employer.

5. University/College students must print their T2202a tuition forms issued by their school to claim or transfer tuition credits. Note: University students are notorious for not printing out their T2202a tuition forms and holding up the filing of their parent’s tax returns. These forms are sent by the Universities and Colleges to their student’s portals. Please remind, or in my case, harass your kids to print out the form and email it to you.

6. Ensure your children’s activity receipts are marked paid in full to claim fitness/arts credits.

7. Obtain capital loss, HBP, RRSP & TFSA limit info from your online CRA acct. or your 2012 tax assessment. Note: It is very important to ensure you have updated carry forward information for your capital losses. You want to ensure you claim the maximum amount of capital losses carryforward against any current year gains (it was a good year for the stock market, hopefully you had large gains, whether realized or not).

8. If you have self-employment or rental income, summarize the income & expenses now, so you’re not rushed and miss claiming expenses.

9. If you moved to a new work location in 2013 >40km away, gather & summarize your receipts to support the claim. Note: If you moved to a new job this year, it is very important to gather all your receipts for any expenses you incurred and summarize as required by the CRA. See form T1-M to understand what expenses are eligible and how the CRA wants these expenses aggregated.

10. If you use an accountant, send your information to them as early as possible, they will be very appreciative and have more time to review your return.

The blogs posted on The Blunt Bean Counter provide information of a general nature. These posts should not be considered specific advice; as each reader's personal financial situation is unique and fact specific. Please contact a professional advisor prior to implementing or acting upon any of the information contained in one of the blogs.

Tax Tweets of the Day for the Week Ending February 1, 2013

My twitter tax tips for this week are listed below. Nothing too fancy there, I like next week’s better. However, I’ve added a couple quick comments to the tips below.

Tips for Week of January 26- February 1,2013

University/College students must print their T2202a tuition forms issued by their school to claim or transfer #tuition credits. #blunttaxtip

Note: University students are notorious for not printing out their T2202a tuition forms and holding up the filing of their parent’s tax returns. These forms are sent by the Universities and Colleges to their student’s portals typically in the next week or two. Please remind, or in my case, harass your kids to print out the form and email it to you.

Ensure your children’s activity receipts are marked paid in full to claim fitness/arts credits. #blunttaxtip

Obtain capital loss, HBP, #RRSP & #TFSA limit info from your online CRA acct. or 2011 tax assessment. #blunttaxtip

Note: It is very important to ensure you have updated carry forward information for your capital losses. You want to ensure you claim the maximum amount of capital losses carryforward against any current year gains.

If you have self-employment or rental income, summarize the income & #expenses now, so you’re not rushed/miss expenses. #blunttaxtip

If you moved to a new work location in 2012 >40km away, gather & summarize your receipts to support the claim. #blunttaxtip http://bit.ly/XEZqmQ

Note: If you moved to a new job this year, it is very important to gather all your receipts for any expenses you incurred and summarize as required by the CRA. See the link above and the form T1-M to understand what expenses are eligible and how the CRA wants these expenses aggregated.

The blogs posted on The Blunt Bean Counter provide information of a general nature. These posts should not be considered specific advice; as each reader's personal financial situation is unique and fact specific. Please contact a professional advisor prior to implementing or acting upon any of the information contained in one of the blogs.

Confessions of a Tax Accountant-2012- Week 1

The Children’s Arts and Fitness Amounts

The federal government in its infinite wisdom has now added a Children’s Arts Amount credit to the Children’s Fitness Amount credit. From an accountant’s perspective, these credits are a nuisance. Already early this tax season, there has been much confusion with my clients because of the overlap of these credits and how these credits integrate with making a child care claim. Thus, I thought today, I would try and clarify the confusion surrounding these credits.

The maximum eligible expenses for each of the Fitness Amount and the Children’s Art Amount are $500. The first misconception most people have is that they think they save $500 dollars for each of these amounts or that each amount is worth a $500 deduction.

However, both the Fitness and Arts Amounts are actually tax credits worth at maximum, $75 each per child federally. The federal credit is calculated as $500 x 15% refundable credit=$75. There may also be a provincial credit for these amounts. For example, in Ontario, there is a Children’s activity credit worth $50.90 ($509x10%), that is a hybrid of the fitness and arts credit-i.e. both fitness and arts program are eligible for the credit.

Thus, the maximum tax savings per child who undertakes both eligible activities for fitness and the arts in Ontario is $209 ($75 fitness amount, $75 arts amount and $50.90 activity credit).

Children’s Arts Amount

The CRA discusses the details of the Children’s Arts Amount at this link.

You can claim a maximum of $500 in eligible expenses per child for fees paid in 2011 relating to the cost of registration or membership of your child in a prescribed program of artistic, cultural, recreational, or developmental activity. The cost covers registration for each child under the age of 16 at the beginning of the year. To qualify for this amount, a program must:

Be ongoing (either a minimum of eight consecutive weeks long or, in the case of children's camps, five consecutive days long) and be supervised and be suitable for children.

The program also has to meet one of the following criteria:

1) It contributes to the development of creative skills or expertise in an artistic or cultural activity;
2) It provides a substantial focus on wilderness and the natural environment;
3) It helps children develop and use particular intellectual skills;
4) It includes structured interaction among children where supervisors teach or help children develop interpersonal skills; or
5) It provides enrichment or tutoring in academic subjects.

The art's amount is entered on line 370 of Schedule 1, to a maximum of $500 per child.

There will be situations where an amount paid will qualify for both the Fitness and Art’s amounts. However, the CRA states in the notes on eligibility that amounts that can be claimed as the federal children’s fitness amount cannot be used for the Arts credit and thus, any excess amount over $500 already claimed for the Fitness Credit cannot be claimed for the Art’s amount. This was confirmed by calls our firm made to the CRA.

If you have paid an amount that would qualify to be claimed as a child care expense and that amount also qualifies for the children's arts amount, you must first claim this amount as a child care expense (as per the notes to this link). Any amount in excess of the child care claim may be claimed as a children's arts amount as long as the requirements are met, but the same amount may not be claimed once as child care and once as an art's credit.

Children’s Fitness Credit

As this credit has been around for a few years, I will not go into much detail about this program. Essentially the Children’s Fitness Amount, is a non-refundable credit and allows parents to claim a maximum of $500 paid towards an eligible program. The cost covers registration for each child under the age of 16 at the beginning of the year. It does not cover the costs of things such as equipment or travel expenses.

Details of the program are available here.

As per the CRA in its notes to the Fitness Tax Amount, if you have paid an amount that would qualify to be claimed as child care expenses, and the children's fitness amount, you must first claim this amount as child care expenses. Any unused part can be claimed for the children's fitness amount as long as the requirements are met.

So in summation, where an art's or fitness amount qualifies as child care, it must first be claimed as child care and any excess amount may then be claimed as an art's or fitness credit if the expense qualifies for either of the credits. Where an amount meets the criteria for both the art's and fitness credits, you can only make one claim, either the art's credit or the fitness credit, but you cannot claim both.

The blogs posted on The Blunt Bean Counter provide information of a general nature. These posts should not be considered specific advice; as each reader's personal financial situation is unique and fact specific. Please contact a professional advisor prior to implementing or acting upon any of the information contained in one of the blogs.