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deemed taxable benefit if loan amount included in shareholder income year the loan was made. However this would not apply if the entire loan is repaid witin 1 year of end of taxation year Non taxable if shareholder is an EMPLOYEE and loan for : - purposes of acquiring a dwelling - to acquire a motor vehicle used in employement - loan made to acquire shares in lending or related corporation. -all of the above must have reasonable repayment terms -imputed interest benefit will arise depending on the rate charged in any |
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considered taxable benefit |
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to deduct mgmt salaries, they must be ordinary and necessary, reasonable amount, based on services rendered, and appropriatley incurred in the year |
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managment fees to be deductible must be: |
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- incurred for purposes of producing income -reaosnable -should be provided and fee paid out -have a written contract |
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-if paid wihtin 180 days of year end can be deducted by employer when declared and does not have to be included in employement income until received |
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common business expenses deductible |
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-business auto expenses -home office -convention expenses (2 per year) -forign taxes |
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- April 30 - For an individual or partner who has a sole propritorship due June 15 but amounts owing still due on April 30 |
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must be sent by last day of Feruary of following taxation year. |
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LifeTime Capital Gains exepmtion |
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Definition
Eligble to use 800k if dispose of Qualifying Small Business Corp shares: - SBC-CCPC with 90% of FV assets used in active CND business -Held shares for 24 months preceeding disposition -For last 24 months, at least 50% of the FV assets used in active CND business |
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Definition
-available to corps that are CCPCs throughout the year -reduced it taxable capital employed in CND exceeds 10M -Available on active business income up to 500k -ABI must be shared among associated corporations |
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-carry back 3 years and used against any type of income -carry forward 20 years -most taxpayers will first carry back losses to the extent possible considering that there is a refund available right away. |
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- carry back 3 years - carry forward indefintely -can only be applied against capital gains |
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DIVIDENDS VS SALARY pay out of a corporation |
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want to compate the after tax cash kept by the taxpayer |
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Paid through dividend steps |
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Definition
-business income = taxable income -part 1 tax payable = taxable income *corp rate =amount avialable for dividends (taxable income -taxes payable)
Non eligble dividends reveieved (amount available for dividend) -gross up by 25% =taxable dividends -multiple by tax rate =tax before tax credit -less dividend tax credit (=gross up amount * rate (6/11) =individual taxes dividends received -individual taxes = after tax cash kept by tax payer |
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business income = salary income salary income * individual tax = tax paid Salary income - tax paid = after tax cash kept |
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-gross up by 38% --> pay second |
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-gross up by 25%, marginal rate highest after dividend tax credit -pay first -normal dividends received from regular CCPC's |
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Replacement Property Tax deferral Provisions (section 44) |
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Definition
- use provision to eliminate or reduce capital gains arising from qualigying disposistion based on replacment property within a specified time period -taxpayer must maek election - defer income inclusions until replacment property assest are sold or used - voluntary dipsosition : only applies to former business relocation and replacment must occur within 12 months after year in which dipsols took place. Involuntary disposition: replacment must occur wihtin 24 months after year when disposition occured and disposal is considered when isurance receipt is received. - apply the recapture gain and capital gain agisnt the new UCC to defer the gains |
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