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11 Cards in this Set

  • Front
  • Back

Government role in Canadian taxation



1. Federal government


2. Department of Finance


3. CRA


4. Provincial and territorial

1. initiates proposal for changes in tax legislation


2. Drafts wording of tax legislation


3. Administers and enforces tax laws


4. Sane as federal and administered by the CRA

Liability for tax based on residency

1.Full time residents- worldwide income


2. Deemed full time-travelled and stayed in canada for 183 days; taxed worldwide


3. Part-year- taxed worldwide from the time they became residents


4. Non residents-taxed on Canadian-sourced income

Tax treaty

Agreement on taxation between Canada and another country. Tax treaties override the provisions of ITA to avoid double taxation and to prevent tax evasion.

Legal structures for business entities

1. Sole proprietorship


2. Corporation


3. Partnership


4. Joint venture

Tax plannin

Arrangement where tax reduction is consistent with intent of the tax law

Tax avoidance

arrangement where tax reduction is consistent with the overall intent of the tax law

Tax avoidance

Tax reduction that is illegal and ignores the provisions of tax law

GAAR Rules

1. Benefit: a tax benefit has arisen as a result of a transaction.


2. Avoidance transaction: the transaction or series of transactions is a tax avoidance transaction without any bona fide purpose other than tax.


3. Avoidance transaction: the transaction of series of an abusive tax transaction that is not consistent with the object, spirit, or purpose of the ITA



1 & 2 onus on taxpayers to prove


3 onus on CRA to prove

Personal-sources of income

1. Employment-benefits from employment


2. Business income/loss


3. Property income/loss


4. Other income-retirement, RRSP, CPP


5. Capital gains/loss-50% taxable

EMPLOYEE VS CONTRACTOR


List criteria

1.ICOSFOR-Intent, Control, opportunity for profit, subcontract the work, financial risk,ownership of tools, responsibility for investment and management

Employee benefits-taxable benefits


Counselling


Discounts

1 counselling-financial counselling


2. Discounts-if not applicable to public


3. Frequent flyer points personal-if received from the company’s credit card, if uses personal credit card for company’s expenses which therefore earns points


4. Gifts and rewards-non cash in excess of 500, given for performance, given to non arms length transaction


5. Health care-payment for public health care plan


6. Life insurance-if the employee is a beneficiary


7. Meals-less than the cost of the food-difference is taxable


8. Recreational activities-taxable if employees benefit from it


9. Relocation payments-taxable; actual moving expenses are deductible (other deductions). Reimbursements are not taxed


10. Relocation payment-if relocation results to house sold at a loss, 1/2 in excess of 15k is taxable


11. Severance pay


12x signing bonus


13. Tools if paid by the employer


14. Tuition fees- if courses is not related to role


15. Accidental and sickness plan


Group-


Employer paid 100%