Take tax at corporate level
Gross up dividends to an estimated pre-corporate tax amount
Include higher amount in Income
Issue Dividend Tax credit to make up for it
Double Taxation Problem
Dividends come from After Tax Income of Corp
Taxing them again upon transfer is would tax them again
Solution
Low Rate Corporations
18% Gross Up
11% Dividend Tax Credit
High Rate Corporations
38% Gross Up
15% Dividend Tax Credit
(k) Foreign Corporations, Trusts,
and Investment Entities
Capital Gain or Income Receipt
Production or use of Property
Royalty
Rental
(3) Interest Income
(Corporations)
(4) Interest from Investment Contract
(Individuals)
S13 Rules related to CCA
S15 Rules for Shareholder Benefits
Deductions
S18 General Limitations
S20 Deductions Permitted
Ceasing to Carry on Business
Special Cases
Taxable Capital Gains & Allowable Capital Losses
S37
S40: General Rules
S41: LPP
S45: Change in Use
S46: PUP
Other
S52 Cost of Certain Property
S54.1: Exception - Principle Residency
S55
Other Sources of Income
S56: General
(4) Transfer of rights to Income
.1 Interest Free or
Low interest Loans
S57: Certain Pensions
S58: Government Annuities
S59: Resource Property
Deductions in Computing Income
S60
60-.03: Other Deductions
.1: Support
.2: Refund for AVCs
S61-.1: IAAC's
S62: Moving Expenses
S63: Childcare Expenses
Rules Relating to the Computation of Income
Amounts not included in Computing Income
S81: Amounts not Included in Income
Corporations resident in Canada and their Shareholders
Shareholders of Corporations not Resident in Canada
Partnerships & their Members
Trusts & their Beneficiaries
Computation of Taxable Income
S110: Adjustments
(1)(d)/(d.1): Stock Options
Non-CCPC
S110(1)(d): FMV < option price to receive 50% reduction
CCPC
S110(1)(d): FMV < option price to receive 50% reduction
S110(1)(d.1): ESO's for CCPC's
Either Or
(1)(f): Social Assistance Receipts
(i) Exempt by virtue of a tax treaty
(ii) Worker's Comp
Guaranteed Income Supplement
Social Assistance Payments
(1)(j): Home Relocations
(i) Interest on whole of loan as computed using 'lesser of' rule MINUS interest paid during that year AND 30 days after
(ii) Interest on $25k loan using 'lesser of' rule, but restricted to max 5 years
(iii) total benefits from all low-interest or no interest loans
Lesser of
.6: Capital Gains Exemption
$813,600 of CG can be sheltered on:
Qualified Small Business Corporation Shares (QSBCS)
Qualified Farm Property
Qualified Fishing Property
S111: Loss Carryovers
Streaming/ Timing Rules
(1)(a): Non-Capital Loss Carryovers
(1)(b): Net Capital Loss Carryovers
CFWD: Indefinite
CBWD: 3 Years
(8): Farm Loss
S114: Part Year Residents
Taxable income earned in Canada by Non Residents
S115: Non-resident's taxable income in Canada
Deductions in Computing Income
(Computation of tax)
Individuals
Individuals
S117: Tax Rates
S118: Personal Credits
Refundable
Non-refundable
Base Amount * 15%
Exceptions
Charitable Gifts Credit
Federal Dividend Tax Credit
Deduction vs. Credit
S120: Income from Outside Canada
.2: Minimum Tax Carryover
.4: Tax on Split Income
S121: Dividend Tax Credit
S122: Tax on inter vivos trust
.1: SIFT Trust
.3: Employment Outside Canada
.5: GST Credit
.51: Refundable medical expense supplement
Child Tax Benefit
S122.6-.63: Child Tax Benefit
Working Income Tax Benefit
S122.7-71: Working Income Tax Credit
Corporations
All Taxpayers
S126: Foreign Tax Credit
S127.1-.41: Other Tax Credits
Minimum Tax
Subtopic 1
Subtopic 2
Subtopic 3
Rules Relating to Computation of Income
(Minimum Tax)
S67 General Limitations re Expenses
S73-75.1 Attribution
The Reason for Attribution
Beginning
Subtopic 1
Subtopic 2
Subtopic 3
Ending
Transfer or owner dies
Transferor becomes a Non-resident
Spousal Relationship ends
Minor turns 18
Cash/ Asset is returned
S73 Inter vivos transfers by Individuals
(Spousal Rollover)
S74 Transfers to Spouse
.1 Transfer & loans to spouse or common law
(Income or Loss arising from transfer)
(1) Loans to Spouse
(2) Minors
Must be done at FMV
Children, Step Childrend
Nieces & Nephews
Avoiding Attribution
.5 (1)
FMV consideration must be received by the vendor
If part of consideration is debt, then interest must be charged at prescribed rate and always paid by January 30th
If to spouse or common-law, then they must elect out of the spousal rollover in Subsection 73(1)
.5 (3)
Subtopic 1
Subtopic 2
Subtopic 3
.2 Gains or Losses deemed that of lendor or transferor
(Capital Gain or Loss arising from transfer)
S80.4-80.5 Deemed Interest
Subtopic 1
Subtopic 2
Subtopic 3
Deferred & Other Special Income Arrangements
Exemptions
Returns, Assessments, payment & appeals
Appeals to the Tax Court of Canada
& Federal Court of Appeal