Most Canadians deal with our tax system only once a year, when it’s time to complete and file the annual tax return. That return form – the T1 Individual Income Tax Return – is eight single-spaced pages long, and includes dozens of possible income inclusions, deductions, and credits, any one of which may or may not be relevant to a particular taxpayer’s situation. In addition, the tax return package includes numerous additional schedules, and one or more of those schedules must often be completed in order to make a claim for a particular deduction or credit on the T1 return itself.

Most Canadians deal with our tax system only once a year, when it’s time to complete and file the annual tax return. That return form – the T1 Individual Income Tax Return – is eight single-spaced pages long, and includes dozens of possible income inclusions, deductions, and credits, any one of which may or may not be relevant to a particular taxpayer’s situation. In addition, the tax return package includes numerous additional schedules, and one or more of those schedules must often be completed in order to make a claim for a particular deduction or credit on the T1 return itself.

All of this detail makes it easy for the majority of individuals to overlook valuable deduction and credit claims which may be available to them. And, while the Canada Revenue Agency (CRA) will correct minor arithmetical errors made on the return, it does not (and cannot) assess the taxpayer to include claims for deductions or credits which could have been made but were not.

One such often-overlooked claim is the one which can be made for payments made during the taxation year for annual union, professional, or similar dues. It’s a particularly beneficial claim since the expenditure in question is one which the taxpayer is obliged to make in any event and, where the requisite criteria are satisfied, the amount of such payment is fully deductible from income, without limit. Put another way, the income which was earned and used to pay annual union or professional dues is, where the related deduction is claimed, income on which no tax must be paid.

The deduction claimable for union and professional dues is particularly easy to overlook because of where it appears on the annual return. Although there are forms used by professionals and other self-employed taxpayers to claim business-related costs, as well as forms used by employees to claim allowable employment expenses, the deduction for union or professional dues doesn’t appear on either of those forms. Rather, it shows up as a single line (Line 21200) on page 4 of the T1 annual return.

The general rule for claiming such a deduction is described in the annual income tax return guide as follows:

Line 21200 – Annual union, professional, or like dues

Claim the total of the following amounts that you paid (or that were paid for you and reported as income) in the year related to your employment:

  - annual dues for membership in a trade union or an association of public servants
  - professional board dues required under provincial or territorial law
  - professional or malpractice liability insurance premiums or professional membership        dues required to keep a professional status recognized by law
  - parity or advisory committee (or similar body) dues required under provincial or     territorial law

There are, of course, requirements which must be satisfied in order for such payments to qualify for a deduction. The most important such restriction is that amounts paid must be those which are necessary in order for the taxpayer to obtain or maintain their professional standing. Every profession and trade has licensing and similar requirements which mandate that an individual maintain membership in a professional or similar association in order to practice their profession or trade. The costs of maintaining required membership in those organizations is deductible. Most professions and trades also have one or more voluntary associations which individuals may join by choice. However, the cost of maintaining membership in those voluntary associations, even if related to one’s trade or profession, is not deductible. So, for example, if membership in a given association does not affect professional status (e.g., the Canadian Bar Association for lawyers), dues or fees paid to it are not deductible. If, on the other hand, membership is necessary to maintain professional status (e.g., the Law Society of the province in which the individual lives and practices law), required dues paid to it are deductible.

While all such associations levy fees as a requirement of continuing membership and the right to practice the profession, invoices received for annual membership fees can cover a number of different charges and levies, and not all of those costs will be deductible. The CRA’s policy is that annual membership dues do not include initiation fees, licences, special assessments, or charges for anything other than the organization’s ordinary operating costs. An individual cannot, for instance, claim charges for pension plans as membership dues, even if receipts received show them as dues.

Where a claim for a deduction for professional membership or union dues is made, some other considerations arise. Generally, while it’s not necessary that having a particular professional designation be a requirement of the employee’s position in order for that employee to claim a deduction for related professional dues, the CRA does require that there be some connection between the employment and the professional association in question.

Take, for example, a chemical engineer who is employed by a company to sell chemical products or who is the president of a company that processes chemicals. There is sufficient connection between that person’s qualification as a chemical engineer and their employment duties that a deduction would be claimable for the cost of professional dues paid. On the other hand, a lawyer who is working full-time as the CEO of a furniture manufacturing and sales business does not satisfy the requirement and, accordingly, would not be entitled to deduct dues paid to maintain their professional status as a lawyer. 

It’s not uncommon for an employer to be willing to cover the cost of an employee’s professional dues as part of that employee’s benefit package. Where that is the case, and the employer’s payment of those dues does not appear on the employee’s T4 as a taxable benefit, no deduction for those costs can be claimed by the employee. Where, however, there is a taxable benefit which accrues to the employee (and that benefit is documented on a T4A and must be reported as part of the employee’s employment income), the employee can claim an offsetting deduction for eligible dues or fees paid on Line 21200 of the return.

General information on the deduction of professional membership fees or union dues is available in the 2022 General Income Tax and Benefit Guide. The same information can be found on the Canada Revenue Agency website at http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns206-236/212/menu-eng.html.

For many years, the Canada Revenue Agency (CRA) has been encouraging Canadian taxpayers to file their returns online, through the CRA’s website. And that message has clearly been heard, as the most recent statistics show that just under 92% of returns filed in 2022 were filed using one or the other of the CRA’s web-based filing methods. Those filing statistics also show that, even with the availability of tax software which greatly simplifies tax return preparation, most Canadians still don’t want to undertake that return preparation on their own. Of all returns filed, by any method, nearly 60% were filed using EFILE – meaning that the taxpayer paid someone else to prepare their return and file it electronically.

For many years, the Canada Revenue Agency (CRA) has been encouraging Canadian taxpayers to file their returns online, through the CRA’s website. And that message has clearly been heard, as the most recent statistics show that just under 92% of returns filed in 2022 were filed using one or the other of the CRA’s web-based filing methods. Those filing statistics also show that, even with the availability of tax software which greatly simplifies tax return preparation, most Canadians still don’t want to undertake that return preparation on their own. Of all returns filed, by any method, nearly 60% were filed using EFILE – meaning that the taxpayer paid someone else to prepare their return and file it electronically.

Notwithstanding the fact that the vast preponderance of returns are filed electronically, there are still other filing methods which are available and are used by taxpayers in substantial numbers. Last year, just over 2.6 million taxpayers filed a paper return, and a much smaller number (just under 53,000) filed a return over the phone.

Clearly, electronic filing is the overwhelming choice of Canadian taxpayers, and one of the greatest advantages of electronic filing is the speed at which returns filed by one of the CRA’s online methods can be processed. Generally, such returns are processed and a Notice of Assessment issued within two weeks (as compared to the anticipated eight-week processing time for paper-filed returns). Given that the majority of returns result in the payment of a refund, and that the average refund amount in 2022 was $2,093, it’s not hard to see why the vast majority of taxpayers have embraced electronic filing.

This filing season, as in past years, those who choose electronic filing have two choices – NETFILE and EFILE. The first of those – NETFILE (used last year by just under 33% of tax filers) – involves preparing one’s return using software approved by the CRA and filing that return on the Agency’s website, using the NETFILE service. The second method – EFILE – involves having a third party file one’s return online. Almost always, the EFILE service provider also prepares the return which they are filing.

The majority of Canadians who would rather have someone else deal with the intricacies of the Canadian tax system on their behalf can find information about EFILE on the CRA website at https://www.canada.ca/en/revenue-agency/services/e-services/e-services-individuals/efile-individuals.html. This site also provides a listing (searchable by postal code) of authorized EFILE service providers across Canada, which can be found at https://apps.cra-arc.gc.ca/ebci/efes/epcs/prot/ntr.action.

Those who are able and willing to prepare their own tax returns and file online can use the CRA’s NETFILE service (which is available as of February 20, 2023); information on this service can be found at http://www.cra-arc.gc.ca/esrvc-srvce/tx/ndvdls/netfile-impotnet/menu-eng.html. While there are some kinds of returns which cannot be filed using NETFILE (for instance, a return for a non-resident of Canada, or for someone who declared bankruptcy in 2022), the vast majority of Canadians who wish to do so will be able to NETFILE their return.

At one time, it was necessary to obtain and provide an access code in order to NETFILE. While such a code is no longer a requirement, the CRA has provided tax filers with a taxpayer-specific code which can be included with the return for 2022. That eight-character alpha-numeric code is found (in very small type) in the top right hand corner of the first page of the 2021 Notice of Assessment, just under the Date Issued line for that Notice of Assessment. Including the code with your return is not mandatory:  however, you will be able to use information from the 2022 return when confirming your identity with the CRA only if the code was provided on that return.

A return can be filed using NETFILE only where it is prepared using tax return preparation software which has been approved by the CRA. While such software can be found for sale just about everywhere at this time of year, approved software which can be used free of charge, or for a nominal charge, is also available. A listing of free and commercial software approved for use in preparing individual returns for 2022 can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/e-services/e-services-individuals/netfile-overview/certified-software-netfile-program.html.

Taxpayers who want to obtain a hard copy of the tax return and guide package for 2022 can order that package online at https://apps.cra-arc.gc.ca/ebci/cjcf/fpos-scfp/pub/rdr?searchKey=ncp%20, to be sent to the taxpayer by regular mail. Taxpayers can also download and print a hard copy of the return and guide from the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/tax-packages-years/general-income-tax-benefit-package.html. Finally, the CRA will have sent, by regular mail, a hard copy of the 2022 tax return and guide package to anyone who paper-filed a return for 2021. That package should have arrived by February 20, 2023; taxpayers who should have received such a package but did not can call the CRA Individual Income Tax Enquiries line at 1 800 959 8281 to follow up and, if necessary, to request that a package be sent by mail.

A minority of taxpayers will have the option of filing their returns using a touch-tone telephone. That option, called File my Return service, will be available to eligible lower-income Canadians whose returns are relatively simple and whose tax situation remains relatively unchanged from year to year. For such taxpayers, it is important to file, even if there is no income to report, so that they receive the benefits and credits to which they are entitled. The telephone filing option is, however, available only to taxpayers who are advised by the CRA of their eligibility for the File my Return service; letters advising those individuals of their eligibility were sent out by the CRA in mid-February 2023. Like NETFILE, the File my Return service was available for the filing of 2022 tax returns beginning Monday February 20, 2023.

Finally, taxpayers who are not comfortable preparing their own returns, but for whom the cost of engaging a third party to do so is a financial hardship, have another option. During tax filing season, there are a number of Community Volunteer Tax Preparation Clinics where taxpayers can have their returns prepared free of charge by volunteers.  Once again this year, the services of such clinics are provided through a number of options, including drop-ins, in-person appointments, and telephone or virtual meetings.  A listing of the available clinics (which is updated regularly throughout the filing season) and their method of operation this tax season can be found on the CRA website at https://www.canada.ca/en/revenue-agency/campaigns/free-tax-help.html.

While there are a number of return preparation and filing options available to Canadian taxpayers, there’s no element of choice when it comes to the filing and payment deadlines for tax returns for 2022. The deadline for payment of any balance of taxes owed for 2022 is April 30, 2023. As April 30 falls on a Sunday this year, the CRA has announced that payments of 2022 taxes owed will be considered to have been made on time if they are made on or before Monday May 1, 2023. There are no exceptions to this deadline and, absent very unusual circumstances, no extensions are possible. Not surprisingly, the CRA makes it as easy as possible for Canadians to pay their taxes, offering no fewer than a dozen possible payment methods. Those methods are listed, and the available methods of payment explained, on the CRA website at https://www.canada.ca/en/revenue-agency/services/payments-cra/individual-payments/make-payment.html.

For the majority of Canadians, the income tax return for 2022 must also be filed on or before April 30. Here again, the CRA has, as a matter of administrative policy, extended that deadline to provide that returns will be considered filed on time if they are filed on or before Monday May 1, 2023. Self-employed taxpayers and their spouses have until Thursday June 15, 2023 to file their returns for 2022 (but they too must pay any balance of 2022 taxes owing on or before May 1, 2023).

The obligation to complete and file a tax return – and to pay any balance of taxes owed – recurs each spring with what probably seems to many taxpayers to be annoying regularity. That said, however, the T1 General tax return form which must be completed and filed each year by individual Canadian taxpayers is never exactly the same from one year to the next.

The obligation to complete and file a tax return – and to pay any balance of taxes owed – recurs each spring with what probably seems to many taxpayers to be annoying regularity. That said, however, the T1 General tax return form which must be completed and filed each year by individual Canadian taxpayers is never exactly the same from one year to the next.

Some of the changes found in each year’s T1 are the result of the indexing of many aspects of our tax system, as income brackets and tax credit amounts are increased to reflect the rate of inflation during the previous year. Other changes, however, arise from the introduction by the federal government of new deductions or credits, changes to the existing rules which govern the availability and amount of such deductions or credits, and, inevitably, the end of some tax credit programs.

This year, most of the changes to be found on the return for 2022 are of a targeted nature, affecting taxpayers who claim specific types of deductions or credits based on their personal or family circumstances. What follows is a summary of those changes which taxpayers will find on the return for 2022, as outlined by the Canada Revenue Agency (CRA) in its Guide to the 2022 return form.

First Time Home Buyer’s Tax Credit

The purchase of one’s first home is a milestone in anyone’s life, but also likely (especially in recent years) one of the most difficult milestones to accomplish. Assistance in that process is provided through the federal government’s First Time Home Buyers’ Tax Credit (FTHBTC).

As the name implies, the FTHBTC is a tax credit available to first-time home buyers in Canada. The “first-time home buyer” criterion is, however, somewhat misleading, in that the credit can be claimed by anyone who did not own a home in Canada during the current year or any of the previous four years. For 2022, then, anyone who was not a homeowner during 2018, 2019, 2020, 2021, or 2022, but then purchased a home in 2022, may qualify as a first-time home buyer for purposes of the credit.

Those who qualify and who purchase a qualifying home (which includes most kinds of housing in Canada, including detached, semi-detached, and condominium properties) could, for 2021 and previous tax years, claim a non-refundable tax credit of $750. For 2022 and subsequent years, the amount of that tax credit is doubled, to $1,500.

The non-refundable nature of the credit means that it can only be used to reduce federal tax otherwise payable, and cannot create or increase a tax refund. However, where a home has been purchased by two spouses, the total credit claim can be split, in any proportion, between the two of them.

Detailed information on the First Time Home Buyers’ Tax Credit for 2022 is available on the CRA website at  https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-31270-home-buyers-amount.html.

Home Accessibility Tax Credit

Most Canadians want to “age in place” – that is, to remain in the family home for as long as possible. In many cases, as homeowners age, changes to the layout or facilities in their homes must be made for the home to continue to be both safe and convenient. That often means renovations, which can range in cost from hundreds to tens of thousands of dollars. Some of that cost can be offset by claiming the federal Home Accessibility Tax Credit (HATC), and the amount of expenditure eligible for that credit has doubled for 2022.

The criteria which determine the eligibility of a particular expense are extremely broad, as any “home renovation or alteration expenses of an enduring nature that allow a qualifying individual to gain access to, or to be mobile or functional within the eligible dwelling or reduce the risk of harm to the qualifying individual within the dwelling or in gaining access to the dwelling” can qualify for the credit. And, for purposes of the credit, a qualifying individual is anyone who is over the age of 65 or who is eligible to claim the disability tax credit.

The range of expenses which qualify for the HATC can be anything from grab bars installed in a shower or bath, to a staircase chairlift or a full-scale renovation done to permit an individual to live on one floor of a dwelling. The HATC is particularly flexible in that it may be claimed by other family members who live in the same dwelling as the senior or disabled individual, where qualifying expenses are incurred for changes to that dwelling.

The actual amount of the HATC which can be claimed is 15% of qualifying expenses incurred. Prior to 2022, the maximum amount of expenses which could be claimed for purposes of the HATC in a particular calendar year was $10,000. For 2022 and subsequent years, that amount is doubled, to $20,000, meaning that the maximum credit which can be obtained is $3,000.

The HATC is a non-refundable credit (meaning that it can only reduce federal tax otherwise payable, and cannot create or increase a refund), but claims for the HATC in a year can be split among individuals who are eligible to claim the credit, in any proportions.

More information on the HATC for 2022 can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-31285-home-accessibility-expenses.html

Claims for the Disability Tax Credit

Canadians whose lives are significantly restricted by disability or ill health may be able to claim the Disability Tax Credit (DTC). The rules governing eligibility for the credit are detailed and sometimes complex and an individual must, in order to claim the credit, obtain certification from the CRA with respect to their eligibility. The credit is a significant one, in that a claim for the DTC will, for 2022, reduce federal tax payable by $1330.50.

One of the criteria which applies to determine whether an individual will be eligible for the DTC is the need to undergo what is termed “life-sustaining” therapy for a specified amount of time each week. A change to the tax rules provides that an individual who is diagnosed with type 1 diabetes is automatically considered to be someone who has met the requirement for “life-sustaining” therapy; such individuals could, therefore qualify for the DTC.

Taxpayers who may be affected by this change should note that obtaining authorization from the CRA to claim the DTC is lengthy process and that, without such authorization in place, any claim for the DTC on the annual return will be disallowed. It will not, therefore, be possible for a person with type 1 diabetes to claim the DTC on the return for 2022 unless they have already received authorization from the CRA as a person who qualifies for that credit. Such individuals would, however, be well advised to begin the process of receiving such authorization, so as to enable a claim for the DTC on the return for 2023 to be filed next spring. Detailed information on how to do so can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit.html.

Medical Expense Tax Credit

While our publicly-funded health care system covers many types of medical expenses incurred by Canadians, there is nonetheless a long (and growing) list of expenses which must be paid on an out-of-pocket basis. Where that’s the case, a medical expense tax credit (METC) can be claimed on the annual return to help offset the impact of medical expenses incurred, where such expenses are deemed to be eligible for that credit.

One of the most costly medical procedures which is not always covered by government health care plans is treatment for infertility and/or surrogacy arrangements. Beginning with the 2022 tax year, such expenses are considered to be qualified expenses for purpose of the medical expense tax credit. Or, as described by the CRA:

… the list of eligible medical expenses has been expanded to include amounts paid to fertility clinics and donor banks in Canada to obtain donor sperm or ova to enable the conception of a child by the individual, the individual’s spouse or common-law partner, or a surrogate mother on behalf of the individual. In addition, certain expenses incurred in Canada for a surrogate or donor are considered medical expenses of the individual.

Individuals who have incurred such expenses and intend to make a claim for the METC should remember that there is a limit on the amount of expenses which can be claimed. As is the case for all medical expenses claimed for purpose of the METC, any claim is limited to the amount of eligible expenses incurred which, for 2022, exceeds either 3% of the taxpayer’s net income for the year or $2,479, whichever is less.

Information on the types of expenses related to infertility treatment and surrogacy which may now be claimed as medical expenses can be found on the CRA website in an extensive listing of eligible medical expense, at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/lines-33099-33199-eligible-medical-expenses-you-claim-on-your-tax-return/details-medical-expenses.html#frtlty.

As the pandemic dragged on into 2022, many employees continued to work from home for pandemic-related reasons. And probably at least as many employees reached an agreement with their employer that they would be able to continue to work from home for least some part of each work week, on a permanent basis. And, as was the case in 2020 and 2021, all of those workers may be entitled to claim a deduction on their 2022 tax return for expenses incurred to work from home.

As the pandemic dragged on into 2022, many employees continued to work from home for pandemic-related reasons. And probably at least as many employees reached an agreement with their employer that they would be able to continue to work from home for least some part of each work week, on a permanent basis. And, as was the case in 2020 and 2021, all of those workers may be entitled to claim a deduction on their 2022 tax return for expenses incurred to work from home.

Employees who work from home have always, assuming the requisite criteria are satisfied, been able to claim a portion of household expenses incurred. Doing so required the employee to obtain certification from the employer of the work-from-home arrangement, calculate household expenses incurred, determine the portion of such expenses which were attributable to the home office, and claim that amount on the annual return. Beginning in 2020, however, the Canada Revenue Agency (CRA), recognizing the greatly increased number of taxpayers who would be claiming home office expenses for the first time, relaxed the rules governing eligibility for claiming a deduction for home office expenses, and also introduced a new, temporary “flat rate” method of calculating the deduction for such expenses. The CRA has indicated that those more flexible rules, including the flat rate method, will continue to be allowed for the 2022 tax year.

Although the flat rate method is widely available, taxpayers who wish to do so and who qualify are still entitled to use the pre-existing detailed method under which actual eligible expenses incurred during the year are tallied and a percentage of those expenses claimed on the 2022 tax return. Given that the maximum deduction which can be claimed for the 2022 tax year using the flat rate method is just $500, taxpayers who worked from home for an extended period of time and who are willing to make the effort to retain and organize records for home office expenses, and to calculate the available deduction, will likely be rewarded with a better tax result.

Using the flat rate method

Although the flat rate method of claiming work from home expenses isn’t likely to produce the most beneficial tax result for the taxpayer, it has the undeniable advantage of greater simplicity.

In order to claim a deduction for costs related to a work-from-home space using the flat rate method, the following conditions must be met.

• The employee worked from home during 2022 as a consequence of the pandemic (including employees who were given a choice and elected to work from home); and
• The employee worked from home for more than 50% of the time for a period of at least four consecutive weeks during 2022.

In addition, the expenses claimed by the employee must be directly related to their work, and the employee must not have been fully reimbursed for such expenses by their employer. Where the employer reimburses only a portion of such expenses, the employee may still make a claim under the flat rate method, assuming the other criteria are met.

A taxpayer who meets all of the criteria for using the flat rate method can claim $2 for each day they worked from home during the four-consecutive-week qualifying period. They can then claim $2 per day for any additional days of working from home during the year. However, there is an overall cap on the amount of home office expenses which can be claimed under the flat rate method. For 2022, the maximum which can be claimed is $500. There is no requirement that the employee obtain a T2200 or a T2200S from the employer in order to make a flat rate claim, and no requirement that the employee keep or provide receipts for any costs incurred.

Using the detailed method

In order to claim a deduction for costs related to a work-from-home space using the detailed method, an employee must have worked from home for at least 50% of the time, during at least four consecutive weeks during 2022 as a consequence of the pandemic (including employees who were given a choice and elected to work from home).

Where work-from-home costs are claimed using the detailed method, the taxpayer ‘s employer must provide a signed a Form T2200S – Declaration of Conditions of Employment for Working at Home Due to Covid-19 or Form T2200 – Declaration of Conditions of Employment, certifying the work from home arrangement and the fact that the employee paid the costs relating to such arrangement.

Where there is any kind of reimbursement provided by the employer, the employer must specify the type of expense reimbursed, and the amount of reimbursement. And, of course, the employee cannot claim a deduction for any expenses for which reimbursement was received. Finally, the employee must keep all documents (invoices etc.) supporting their claim for work-from-home expenses. While those documents do not have to be filed with the return for 2022, the CRA has the right to ask for them in order to verify the claims by the taxpayer.

Once these threshold criteria are met, a broad range of costs becomes deductible by the employee. Specifically, a salaried employee can claim and deduct the part of specified costs that relate to their workspace, such as rent; utilities costs like electricity, heating, and water (or the portion of a condo fee attributable to such utilities costs); home maintenance and minor repair costs; and internet access (but not internet connection) fees.

Once total expenses are tallied, the taxpayer must determine the percentage of those expenses which can be deducted as home office expenses; the CRA provides detailed information on its website of how such determination is made. Generally, the employee determines the percentage based on the square footage of the workspace as a percentage of the overall square footage of the home. Where the workspace is not a separate room but is a shared space like a dining room, the employee must also calculate the number of hours for which that space is dedicated to work-from-home activities. Detailed information on how to make those calculations (including an online calculator) can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-22900-other-employment-expenses/work-space-home-expenses/work-space-use.html.

Planning ahead for 2023

Employees who are now working from home at least part of the time as a permanent working arrangement will, of course, be able to claim eligible home office expenses in 2023 and future tax years. The rules governing such claims will, however, change beginning in 2023, and employees who wish to make such a claim for 2023 should be aware of and planning for those changes now.

Essentially, the federal government has determined that, starting with the 2023 tax year, the more flexible rules which governed the deduction of expenses related to working from home (including the flat rate method) during 2020, 2021, and 2022 are no longer needed and therefore will no longer be available. Employees who wish to claim home office expenses for 2023 will need to qualify under the “traditional” rules which governed such expense claims prior to 2020.

Those rules require that the employee meet the following criteria in order to claim home office expenses:

• The employee was required by his or her employer to work from home during the year; and
• The work at home space is where the individual mainly (more than 50% of the time) did their work during the year; or
• The individual uses the workspace only to earn their employment income. They must also use it on a regular and continuous basis for meeting clients, customers, or other people in the course of their employment duties.

The employee must also obtain from their employer a completed and signed Form T2200 – Declaration of Conditions of Employment, certifying the work from home arrangement and the fact that the employee is responsible for paying the costs associated with such arrangement.

Employees who can qualify to claim a deduction under the rules for 2023 will need to retain the records needed to calculate such deduction using the detailed method (the only one available for 2023). At this point, all that’s required is to set aside things such as property tax and utility bills, receipts for purchases of office supplies, etc., to be used next spring when completing the return for 2023 and claiming a deduction for such expenses.  

While calculating the expenses which qualify for a home office expense deduction on the return for 2022 isn’t particularly complicated, the eligibility criteria for the deduction and determining the percentage of expenses eligible for that deduction can be detailed, especially as the range of work-from-home arrangements and work-from-home workspaces is almost limitless. The CRA has provided on its website a very helpful summary of both the general rules for claiming home office expenses for 2022, as well as guidance with respect to particular situations – for example, where two spouses share the same home office space. That information and guidance (including an FAQ document) can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-22900-other-employment-expenses/work-space-home-expenses.html.

Just about a year ago, in the 2022-23 budget, the federal government announced a number of measures to help Canadians who are trying to put together a down payment for the purchase a first home. The most significant of those measures was the Tax-Free First Home Savings Account (FHSA) which, as the name implies, allows first time home buyers to save on a tax-assisted basis (within prescribed limits) toward such a purchase.

Just about a year ago, in the 2022-23 budget, the federal government announced a number of measures to help Canadians who are trying to put together a down payment for the purchase a first home. The most significant of those measures was the Tax-Free First Home Savings Account (FHSA) which, as the name implies, allows first time home buyers to save on a tax-assisted basis (within prescribed limits) toward such a purchase.

The FHSA is available to eligible taxpayers starting in the current (2023) tax year. Due to the administrative requirements of putting the new FHSA in place, it will not actually be possible to open such a plan until April 1, 2023. Notwithstanding, Finance Canada has indicated that, for the 2023 tax year, full year contribution limits will apply, regardless of when a new plan is opened during the year.

Contributing to an FHSA

Under the program terms, any resident of Canada who is at least 18 years of age and who has not lived in a home which he or she owns in any of the current or four previous years can open an FHSA and contribute to that plan annually. Planholders will be able to contribute up to $8,000 per year to their plan, regardless of their income for that year. The $8,000 per year contribution must be made by the end of the calendar year, but planholders will be permitted to carry forward unused portions of their annual contribution limit, to a maximum of $8,000. For example, an individual who contributes $4,000 to an FHSA in 2023 would be allowed to contribute $12,000 in 2024 (representing $8,000 in contribution for 2024 plus $4,000 remaining from 2023). Regardless of the schedule on which contributions are made, there is a lifetime limit of $40,000 in contributions for each individual.

The real benefit of the FHSA program lies in the tax treatment of contributions. Individuals who contribute any amount in a year can deduct that amount from income, in the same manner as a registered retirement savings plan (RRSP) contribution. And, as with an RRSP, an individual is not required to claim a deduction for a contribution made during the year – he or she can make that contribution to an FHSA during a particular year, but wait to deduct that amount from income in a future year. When the planholder withdraws funds from the FHSA to purchase a first home, those withdrawal amounts – representing both original contributions and investment income earned by those contributions – are not taxed.

While funds are held within the FHSA, they can be held in cash, or can be invested in a broad range of investment vehicles. Specifically, such funds can be invested in mutual funds, publicly traded securities, government and corporate bonds, and guaranteed investment certificates (GICs). Regardless of the investment vehicle chosen, interest, dividends, or any other type of investment income earned by those funds grows on a tax-free basis – that is, such investment income is not taxed as it is earned. 

Withdrawing funds from an FHSA

Given the generous tax treatment accorded contributions to a FHSA, there are inevitably some qualifications and restrictions placed on the use the plans. First, amounts withdrawn from a FHSA can be received tax free only if such withdrawals are “qualifying withdrawals”, meaning that the funds are used to make a qualifying home purchase. In order for a withdrawal to be a “qualifying withdrawal”, the planholder must have a written agreement to buy or build a home (which must be located in Canada) before October 1 of the next year. In addition, the planholder must intend to occupy that home within a year after buying or building it.

Amounts withdrawn from an FHSA and used for any other purpose are not qualifying withdrawals and the funds withdrawn are fully taxable in the year the withdrawal is made.

While Canadians who open an FHSA and make contributions to it are certainly hoping to be able to purchase a home, there are any number of reasons why their plans could change. Fortunately, the rules governing FHSAs provide planholders with a great deal of flexibility when it comes to the disposition of funds saved within an FHSA, in that  planholders can transfer all funds held within their FHSA to an RRSP or to a registered retirement income fund (RRIF) on a tax-free basis. Significantly, the amount which is transferred from an FHSA to an RRSP would not reduce or be limited by the individual’s RRSP contribution room. However, transfers made to an RRSP in these circumstances do not replenish FHSA contribution room – in other words, each eligible individual gets only one opportunity to save for the purchase of a first home using a FHSA. And, of course, any amounts transferred from an FHSA to an RRSP or RRIF will be taxable on withdrawal, in the same way as any other RRSP or RRIF withdrawal.

The ability to transfer funds between plans also works in the other direction. Individuals who have managed to accumulate funds within an RRSP will be allowed to transfer such funds to an FHSA (subject to the $8,000 annual and $40,000 lifetime contribution limits). While no deduction is permitted for funds transferred from an RRSP to an FHSA, that transfer does take place on a tax-free basis. Transfers made to an RRSP in these circumstances do not, however, replenish RRSP contribution room.

Closing an FHSA

Individuals who open an FHSA have 15 years from the date the plan is opened to use the funds for a qualifying home purchase. (Taxpayers must also close their FHSA by the end of the year in which they turn 71.)  While these rules do place some pressure on planholders with respect to the timing of their home purchase, there is some flexibility. Specifically, planholders who have not made a qualifying home purchase within the required 15-year time frame must then close the FHSA plan, but can still transfer funds held in the FHSA to their RRSP or RRIF, on a tax-free basis.

Finally, the FHSA program is complementary to the existing Home Buyers’ Plan (HBP). Under the HBP, an individual can withdraw up to $35,000 from his or her RRSP and use those funds for the purchase of a first home. Any such funds withdrawn must then be repaid to the RRSP over the next 15 years. The HBP will continue to be available to Canadians – however, an individual will not be permitted to make both an FHSA withdrawal and an HBP withdrawal in respect of the same qualifying home purchase.

The most recent information issued by Finance Canada with respect to the FHSA program can be found on its website at https://www.canada.ca/en/department-finance/news/2022/08/design-of-the-tax-free-first-home-savings-account.

For most taxpayers, the first few months of the year are a seemingly unending series of bills and payment deadlines. During January and February, many Canadians are still trying to pay off the bills from holiday spending. The first income tax instalment payment of 2023 is due on March 15 and the need to pay any tax balance for the 2022 tax year comes just six weeks after that, on May 1. Added to all of that, the deadline for making an RRSP contribution for 2022 falls on March 1, 2023.

For most taxpayers, the first few months of the year are a seemingly unending series of bills and payment deadlines. During January and February, many Canadians are still trying to pay off the bills from holiday spending. The first income tax instalment payment of 2023 is due on March 15 and the need to pay any tax balance for the 2022 tax year comes just six weeks after that, on May 1. Added to all of that, the deadline for making an RRSP contribution for 2022 falls on March 1, 2023.

The best advice on how to avoid a cash flow crunch, at least as it relates to the RRSP deadline, is to make RRSP contributions on a regular basis throughout the year. While that may be the preferred approach, it’s likely more a dream than a reality for most Canadians who have, over the past year, faced a cash flow crunch resulting from increased costs for everything from food to mortgage payments.

Notwithstanding that discouraging financial reality, Canadians who wish to deduct an RRSP contribution on their income tax return for 2022 are required to make that contribution on or before March 1, 2023. The maximum allowable current year contribution which can be made by any individual taxpayer for 2022 is 18% of that taxpayer’s earned income for the 2021 tax year, to a statutory maximum of $29,210.

Those are the basic rules governing RRSP contributions for the 2022 tax year. For most Canadians, however, those rules are just the starting point of the calculation, as millions of Canadian taxpayers have what is termed “additional contribution room” carried forward from previous taxation years. That additional contribution room arises because the taxpayer either did not make an RRSP contribution in each previous year or made one which was less than his or her maximum allowable contribution for the year. For many taxpayers that additional contribution room can amount to tens of thousands of dollars, and the taxpayer is entitled to use as much or as little of that additional contribution room as he or she wishes for the current tax year.

It’s apparent from the forgoing that determining one’s maximum allowable contribution for 2022 will take a bit of research. The first step in determining one’s total (current year and carryforward) contribution room for 2022 is to consult the last Notice of Assessment which was received from the Canada Revenue Agency (CRA). Every taxpayer who filed a return for the 2021 taxation year will have received a Notice of Assessment from the CRA, and the amount of that taxpayer’s allowable RRSP contribution room for 2022 will be summarized on page three of that Notice. Taxpayers who have discarded (or can’t find) their Notice of Assessment can obtain the same information by calling the CRA’s Telephone Information Phone Service (TIPS)  line at 1-800-267-6999. An automated service at that line will provide the required information, once the taxpayer has provided his or her social insurance number, month and year of birth and the amount of income from his or her 2021 tax return. Those who don’t wish to use an automated service can call the CRA’s Individual Income Tax Enquiries Line at 1-800-959 8281 and speak to a client services agent, who will also request such identifying information before providing any taxpayer-specific data. Finally, for those who have registered for the CRA’s My Account service, the needed information will be available online.

One question that doesn’t often get asked by taxpayers is whether it actually makes sense to make an RRSP contribution. The wisdom of making annual contributions to one’s RRSP has become an almost unquestioned tenet of tax and retirement planning, but there are situations in which other savings vehicles – particularly the Tax-Free Savings Account, or TFSA – may be the better short- or long-term option or even, in some cases, the only one available.

When it comes to making a contribution to one’s TFSA, the good news is the timelines and deadlines are much more flexible than those which govern RRSP contributions. A contribution to one’s TFSA can be made at any time of the year, and contributions not made during the current year can be carried forward and made in any subsequent year.

On the other hand, determining one’s total TFSA contribution room is significantly more complex than figuring out one’s allowable RRSP contribution amount, for two reasons. First, the maximum TFSA contribution amount has changed several times (increasing and decreasing) since the program was introduced in 2009. Second, and more important, individuals who withdraw funds from a TFSA can re-contribute those funds, but not until the year following the one in which the withdrawal is made. Especially where a taxpayer has several TFSA accounts, and/or a history of making contributions, withdrawals and re-contributions, it can be difficult to determine just where that taxpayer stands with respect to his or her current maximum allowable TFSA contribution amount.

In this case, there’s no help to be had from a Notice of Assessment, as the Canada Revenue Agency does not provide TFSA contribution information on that form. Information on one’s current year TFSA contribution limit can, however, be obtained from the CRA website, from the TIPS line at 1-800 267 6999 or its Individual Income Tax Enquiries line at 1-800-959 8281, as outlined above. It should be noted, however, that information on one’s current (i.e., 2023) TFSA contribution limit won’t be available through the TIPS line until mid-February 2023.

Determining which savings vehicle is the better option for a particular taxpayer will depend, for the most part, on the taxpayer’s current and future tax situation, the purpose for which the funds are being saved, and the taxpayer’s particular sources of retirement income.

Taxpayers who are saving toward a shorter-term goal, like next year’s vacation, should direct those savings into a TFSA. While choosing to save through an RRSP will provide a tax deduction on that year’s return and, possibly, a tax refund, tax will still have to be paid when the funds are withdrawn from the RRSP in a year or two. And, more significantly from a long-term point of view, repeatedly using an RRSP as a short-term savings vehicle will eventually erode one’s ability to save for retirement, as RRSP contributions which are withdrawn cannot be replaced. While the amounts involved may seem small, the loss of contribution room and the compounding of invested amounts over 25 or 30 years or more can make a significant dent in one’s ability to save for retirement.

Taxpayers who are saving toward the purchase of a first home will likely be better off contributing such savings to a First Home Savings Account (FHSA). While the FHSA is not available to taxpayers until the 2023 tax year (and so can’t create any tax savings for 2022) there are two benefits to waiting to open an FHSA and contributing to it in 2023. First, contributions to an FHSA are deductible from income in the same way as RRSP contributions. More significantly, however, amounts withdrawn from an FHSA for the purchase of a first home are received tax-free, resulting in a permanent tax savings that can’t be achieved through contributing to either an RRSP or a TFSA.

Taxpayers who are expecting their income to rise significantly within a few years – for example students in post-secondary or professional education or training programs – can save some tax by contributing to a TFSA while they are in school and their income (and therefore their tax rate) is low, allowing the funds to compound on a tax-free basis, and then withdrawing the funds tax-free once they’re working, when their tax rate will be higher. At that time, the withdrawn funds can be used to make an RRSP contribution, which will be deducted from income which would be taxed at that higher tax rate. And, if a need for funds should arise in the meantime, a tax-free TFSA withdrawal can always be made.

Canadians aged 71 and older will find the RRSP vs. TFSA question irrelevant, as the last date on which taxpayers can make RRSP contributions is December 31 of the year in which they turn 71. Many of those taxpayers will, however, have converted their RRSP savings to a registered retirement income fund (RRIF) and anyone who has done so is required to withdraw (and be taxed on) a specified percentage of those RRIF funds every year. Particularly where required RRIF withdrawals exceed the RRIF holder’s current cash flow needs, that “excess” income can be contributed to a TFSA. Although the RRIF withdrawals made must still be included in income for the year and taxed as such, transferring the funds to a TFSA will allow them to continue compounding free of tax and no additional tax will be payable when and if the funds are withdrawn. And, unlike RRIF or RRSP withdrawals, monies withdrawn in the future from a TFSA will not affect the planholder’s eligibility for Old Age Security benefits or for the federal age credit.

RRSPs and TFSAs (together with the new FHSA) are the most significant tax-free or tax-deferred savings vehicles available to Canadian taxpayers, and each has a place in most financial and retirement plans. To help taxpayers to make informed choices about their savings options, the Canada Revenue Agency provides a number of dedicated webpages about both RRSPs and TFSAs which can be found on the CRA website at http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/rrsp-reer/menu-eng.html and http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/tfsa-celi/menu-eng.html.

Sometime during the month of February, millions of Canadians will receive mail from the Canada Revenue Agency. That mail, a “Tax Instalment Reminder”, will set out the amount of instalment payments of income tax to be paid by the recipient taxpayer by March 15 and June 15 of this year.

Sometime during the month of February, millions of Canadians will receive mail from the Canada Revenue Agency. That mail, a “Tax Instalment Reminder”, will set out the amount of instalment payments of income tax to be paid by the recipient taxpayer by March 15 and June 15 of this year.

Receiving an “Instalment Reminder” from the CRA won’t be a surprise for many recipients who have paid tax by instalments during previous tax years. For others, however, the need to make tax payments by instalment is a new and unfamiliar concept. That’s because for most Canadians – certainly most Canadians who earn their income through employment – the payment of income tax throughout the year is an automatic and largely invisible process, requiring no particular action on the part of the employee/taxpayer. Federal and provincial income taxes, along with Canada Pension Plan (CPP) contributions and Employment Insurance (EI) premiums, are deducted from each employee’s income and the amount deposited to an employee’s bank account is the net amount remaining after such taxes, contributions, and premiums are deducted and remitted on the employee’s behalf to the Canada Revenue Agency. While no one likes having to pay taxes, having those taxes paid “off the top” in such an automatic way is, relatively speaking, painless. Such is not, however, the case for the sizeable minority of Canadians who pay their income taxes by way of tax instalments

The CRA’s decision to send an Instalment Reminder to certain taxpayers isn’t an arbitrary one. Rather, an Instalment Reminder is generated when sufficient income tax has not been deducted from payments made to that taxpayer throughout the year. Put more technically, an Instalment Reminder will be issued by the CRA where the amount of tax which was or will be owed when filing the annual tax return is more than $3,000 in the current (2023) tax year and either of the two previous (2021 or 2022) tax years. Essentially, the requirement to pay by instalments will be triggered where the amount of tax withheld from the taxpayer’s income throughout the year is at least $3,000 less than their total tax owed for 2023 and either 2021 or 2022. For residents of Québec, that threshold amount is $1,800.

Such obligation arises on a regular basis for those who are self-employed, of course, and generally for those whose income is largely derived from investments. The group of recipients of a Tax Instalment Reminder often also includes retired Canadians, especially the newly retired, for two reasons. First, while most employees have income from only a single source – their paycheque – retirees often have multiple sources of income, including CPP and Old Age Security (OAS) payments, private retirement savings, and, sometimes, employer-provided pensions. And while income tax is deducted automatically from one’s paycheque, that’s not the case for most sources of retirement income. Relatively few new retirees realize that it’s necessary to make arrangements to have tax deducted “at source” from either their government source income (like CPP or OAS payments) or private retirement income like pensions or registered retirement income fund withdrawals, and to make sure that the total amount of those deductions is sufficient to pay the total tax bill for the year. It is that group of individuals who may be surprised and puzzled by the arrival of an unfamiliar “Instalment Reminder” from the CRA. However, no matter what kind of income a taxpayer has received, or why sufficient tax has not been deducted at source, the options open to a taxpayer who receives such an Instalment Reminder are the same.

First, the taxpayer can pay the amounts specified on the Instalment Reminder by the March and June payment due dates. Choosing this option will mean that the taxpayer will not face any interest or penalty charges, even if the amount paid by instalments throughout the year turns out to be less than the taxes actually payable for 2023. If the total of instalment payments made during 2023 turn out to be more than the taxpayer’s total tax liability for the year, he or she will of course receive a refund when the annual tax return is filed in the spring of 2024.

Second, the taxpayer can make instalment payments based on the amount of tax which was payable for the 2022 tax year (which will, of course, be known once the return for 2022 is completed). Where a taxpayer’s income has not changed significantly between 2022 and 2023 and his or her available deductions and credits remain the same, the likelihood is that total tax liability for 2023 will be slightly less than it was in 2022, as the result of the indexation of both income tax brackets and tax credit amounts.

Third, the taxpayer can estimate the amount of tax which he or she will owe for 2023 and can pay instalments based on that estimate. Where a taxpayer’s income will decrease significantly from 2022 to 2023, such that his or her tax bill will also be substantially reduced, this option can make the most sense.

A taxpayer who elects to follow the second or third options outlined above will not face any interest or penalty charges if there is no additional tax payable when the return for the 2023 tax year is filed in the spring of 2024. However, should instalments paid have been late or insufficient, the CRA will impose interest charges, at rates which are higher than current commercial rates. (The rate charged for the first quarter of 2023 – until March 31, 2023 – is 8%.) As well, where interest charges are levied, such interest is compounded daily, meaning that on each successive day, interest is levied on the previous day’s interest. It’s also possible for the CRA to levy penalties for overdue or insufficient instalments, but that is done only where the amount of instalment interest charged for the year is more than $1,000.

Most Canadian taxpayers are understandably disinclined to pay their taxes any sooner than absolutely necessary. However, ignoring an Instalment Reminder is never in the taxpayer’s best interests. Those who don’t wish to involve themselves in the intricacies of tax calculations can simply pay the amounts specified in the Reminder. The more technical-minded (or those who want to ensure that they are paying no more than absolutely required, and are willing to take the risk of having to pay interest on any shortfall) can avail themselves of the second or third options outlined above.

Detailed information on the instalment payment system for 2023, and the calculation and payment options available to taxpayers, can be found on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/payments-cra/individual-payments/income-tax-instalments.html.

2022 was a year of almost unrelenting bad financial news for Canadians, but perhaps no group was more affected by those changes than retirees who rely on income from unindexed pensions and from returns on invested savings. Most such retirees saw the value of their investments decline, as the S&P/TSX Composite Index dropped by over 8% during 2022. At the same time retirees had to cope with inflationary increases in the cost of most goods, including double digit percentage increases in the cost of food. Those who owned their own homes saw the value of those homes drop, on average, by 12% between December 2021 and December 2022. And, finally, retirees who carried debt were likely to be paying significantly more interest on that debt by the end of 2022 than they were at the beginning of the year.

2022 was a year of almost unrelenting bad financial news for Canadians, but perhaps no group was more affected by those changes than retirees who rely on income from unindexed pensions and from returns on invested savings. Most such retirees saw the value of their investments decline, as the S&P/TSX Composite Index dropped by over 8% during 2022. At the same time retirees had to cope with inflationary increases in the cost of most goods, including double digit percentage increases in the cost of food. Those who owned their own homes saw the value of those homes drop, on average, by 12% between December 2021 and December 2022. And, finally, retirees who carried debt were likely to be paying significantly more interest on that debt by the end of 2022 than they were at the beginning of the year.

With the 2022 calendar year behind us, those retirees must now prepare to file their tax returns for that year and face the prospect of having a tax bill to pay. Income tax is a big-ticket item for most retired Canadians and, especially for those who are no longer paying a mortgage, the annual tax bill may be the single biggest expenditure they are required to make each year. Fortunately, there is some good news for such retirees, as the Canadian tax system provides a number of tax deductions and credits available only to those over the age of 65 (like the age credit) or only to those receiving the kinds of income usually received by retirees (like the pension income credit), in order to help minimize that tax burden. What follows is an outline of the most common such deductions and credits which may be claimed by those over 65.

Most tax savings strategies (like charitable contributions) require an expenditure on the part of the taxpayer and must be completed prior to the end of the tax year. That’s not the case with any of the following tax saving credits, which simply need to be claimed on the annual return to filed in the spring of 2023.

Age credit

All Canadians who were age 65 or older at the end of 2022 can claim the age credit on their tax return for the year. For 2022, that credit amount is $7,898 which, when converted to a tax credit, reduces federal tax by $1,184.70.

While the age credit can be claimed by anyone aged 65 or older, the amount of credit claimable is reduced where the taxpayer’s income for 2022 was more than $39,826. Where that is the case, the available credit is reduced by 15% for each dollar of income over that $39,826 threshold amount.

Pension income credit

Most Canadians who are aged 65 or older receive income some kind of private pension income which would qualify for the pension income credit. For purposes of that credit, amounts received from an employer-sponsored pension plan qualify, but so too do amounts received from a registered retirement savings plan (RRSP) or a registered retirement income fund (RRIF). Amounts received from government-sponsored retirement income plans (like the Canada Pension Plan or Old Age Security) do not, however, qualify.

Where the taxpayer receives amounts that qualify as pension income for purposes of the pension income credit, the first $2,000 of such income is effectively exempt from federal tax. In addition, unlike the age credit, the total income of the taxpayer does not limit a claim for the pension income credit in any way.

Disability tax credit

It’s not necessary to be over the age of 65 in order to claim the disability tax credit, but many taxpayers who are in that age group may be able to qualify. The DTC cannot be claimed on the annual tax return, however, unless an individual has previously been approved by the Canada Revenue Agency as someone who meets the required criteria.

In order to be approved as someone eligible to claim the disability tax credit, an individual must generally have significant loss of function in specified activities necessary for daily life, like vision or mobility. The process for being approved as eligible for the disability tax credit is not a quick one and so is unlikely to be claimable for 2022 by anyone who has not already been approved by the CRA.

However, taxpayers who believe that they may qualify should consider starting the process of applying for such approval. That process generally starts with an individual’s health care provider, who can complete the necessary form detailing the extent of the individual’s loss of function. While the process takes months, starting now could mean, where the application is approved, that the DTC can be claimed on the return for 2023.

The DTC is a significant credit, as the credit amount for 2022 is $8,870, and the reduction in federal tax payable is $1,330.50.  

Pension income splitting

The credits listed above are generally flagged on the annual return form or in the tax guide. There is, however, another income tax saving strategy available to older Canadians, but it is not nearly as well known and, unfortunately, isn’t readily apparent from either the tax return form or the annual income tax guide. That tax saving strategy is pension income splitting and it’s likely the case that many taxpayers who could benefit aren’t familiar with the strategy, especially if they are not receiving professional tax planning or tax return preparation advice.

That’s a particularly unfortunate reality because pension income splitting has the potential to generate more tax savings among taxpayers over the age of 65 (and certainly those over the age of 71, for whom RRSP contributions are no longer possible) than just about any other tax planning strategy available to older Canadians. And, unlike most tax saving strategies, pension income splitting does not require any expenditure of funds or any advance planning on the part of the taxpayer.

When described in those terms, pension income splitting can sound like one of those “too good to be true” tax scams, but that’s not the case. Essentially, what pension income splitting offers is a government-sanctioned opportunity for Canadian residents who are married (and, usually, where one spouse is aged 65 or older) to make a notional reallocation of private pension income between them on their annual tax returns, and to benefit from a lower overall family tax bill as a result.

Pension income splitting, like all forms of income splitting, works because Canada has what is called a “progressive” tax system, in which the applicable tax rate goes up as income rises. For 2022, the federal tax rate applied to about the first $50,000 of taxable income is 15%, while the federal rate applied to approximately the next $50,000 of such income is 20.5%. So, an individual who has $100,000 in taxable income would pay federal tax of about $17,750: if that $100,000 was divided equally between such individual and his or her spouse, each would have $50,000 in taxable income and federal tax payable of $7,500 each. The total federal family tax bill would be $15,000, meaning a permanent federal tax savings of $2,750.

The general rule with respect to pension income splitting is that a taxpayer who receives private pension income during the year is entitled to allocate up to half that income (without any dollar limit) to his or her spouse for tax purposes. In this context, private pension income means a pension received from a former employer and, where the income recipient is age 65 or older, payments from an annuity, an RRSP, or an RRIF. Government source pensions, like the Canada Pension Plan, Quebec Pension Plan, or Old Age Security payments do not qualify for pension income splitting, regardless of the age of the recipient.

The mechanics of pension income splitting are relatively simple. There is no need to transfer funds between spouses or to make any change in the actual payment or receipt of qualifying pension amounts, and no need to notify a pension administrator. Taxpayers who wish to split eligible pension income received by either of them must each file Form T1032, Joint Election to Split Pension Income, with their annual tax return. That form for the 2022 tax year, which is not included in the annual tax return package, can be found on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t1032.html or can be ordered by calling 1-800-959 8281.

On the T1032, the taxpayer receiving the private pension income and the spouse with whom that income is to be split must make a joint election to be filed with their respective tax returns for 2022. Since the splitting of pension income affects the income and therefore the tax liability of both spouses, the election must be made and the form filed by both spouses – an election filed by only one spouse or the other won’t suffice. In addition to filing the T1032, the spouse who is actual recipient of the pension income to be split must deduct from income the pension income amount allocated to his or her spouse. That deduction is taken on Line 21000 of their 2022 return. And, conversely, the spouse to whom the pension income amount is being allocated is required to add that amount to their income on the return, this time on Line 11600. Essentially, to benefit from pension income splitting, all that’s needed is for each spouse to file a single form with the CRA and to make a single entry on their 2022 tax return.

By the end of February or early March, taxpayers will have received (or downloaded) the information slips which summarize the income received from various sources during 2022. At that time, couples who might benefit from this strategy can review those information slips and calculate the extent to which they can make a dent in their overall tax bill for the year through pension income splitting.

Those wishing to obtain more information on pension income splitting than is available in the 2022 General Income Tax and Benefit Guide should refer to the CRA website at http://www.cra-arc.gc.ca/pensionsplitting/, where more detailed information is available.

The Employment Insurance premium rate for 2023 is set at 1.63%.

The Employment Insurance premium rate for 2023 is set at 1.63%.

Yearly maximum insurable earnings are set at $61,500, making the maximum employee premium $1,002.45.

As in previous years, employer premiums are 1.4 times the employee premium. The maximum employer premium for 2023 is therefore $1,403.43.

The Québec Pension Plan contribution rate for 2023 is set at 6.40% of pensionable earnings for the year.

The Québec Pension Plan contribution rate for 2023 is set at 6.40% of pensionable earnings for the year.

Maximum pensionable earnings for the year will be $66,600, and the basic exemption is unchanged at $3,500.

The maximum employer and employee contributions to the plan for 2023 will be $4,038.40 each.

The Canada Pension Plan contribution rate for 2023 is set at 5.95% of pensionable earnings for the year.

The Canada Pension Plan contribution rate for 2023 is set at 5.95% of pensionable earnings for the year.

Maximum pensionable earnings for the year will be $66,600, and the basic exemption is unchanged at $3,500.

The maximum employer and employee contributions to the plan for 2023 will be $3,754.45 each, and the maximum self-employed contribution will be $7,508.90.

Dollar amounts on which individual non-refundable federal tax credits for 2023 are based, and the actual tax credit claimable, will be as follows:

Dollar amounts on which individual non-refundable federal tax credits for 2023 are based, and the actual tax credit claimable, will be as follows:

                                                                         Credit amount                    Tax credit

Basic personal amount*                                            $15,000                          $2,250

Spouse or common-law partner amount                     $15,000                          $2,250

Eligible dependant amount*                                       $15,000                         $2,250

Age amount                                                              $8,396                           $1,259.40

Net income threshold for erosion of age credit             $42,335

Canada employment amount                                      $1,368                          $205.20 

Disability amount                                                       $9,428                          $1,414.20

Adoption expenses credit                                            $18,210                        $2,731.50

Medical expense tax credit income threshold amount    $2,635

*For taxpayers having net income for the year of more than $165,430, amounts claimable for the basic personal amount, the spousal amount and the eligible dependant amount for 2023 may differ.

The indexing factor for federal tax credits and brackets for 2023 is 6.3%. The following federal tax rates and brackets will be in effect for individuals for the 2023 tax year.

The indexing factor for federal tax credits and brackets for 2023 is 6.3%. The following federal tax rates and brackets will be in effect for individuals for the 2023 tax year.

Income level                                     Federal tax rate

$15,000 - $53,359                                  15.0%

$53,360 - $106,717                                 20.5%

$106,718 - $165,430                               26.0%

$165,431 - $235,675                               29.0%

Over $235,675                                         33.0%

Each new tax year brings with it a listing of tax payment and filing deadlines, as well as some changes with respect to tax saving and planning strategies. Some of the more significant dates and changes for individual taxpayers for 2023 are listed below.

Each new tax year brings with it a listing of tax payment and filing deadlines, as well as some changes with respect to tax saving and planning strategies. Some of the more significant dates and changes for individual taxpayers for 2023 are listed below.

RRSP deduction limit and contribution deadline

The RRSP current year contribution limit for the 2022 tax year is $29,210. In order to make the maximum current year contribution for 2022 (for which the contribution deadline will be Wednesday March 1, 2023), it will be necessary to have earned income for the 2021 taxation year of $162,275.

Tax-free savings account contribution limit

The tax-free savings account (TFSA) contribution limit for 2023 is increased to $6,500. The actual amount which can be contributed by a particular individual includes both the current year limit and any carryover of uncontributed or re-contribution amounts from previous taxation years.

Taxpayers can find out their personal 2023 TFSA contribution limit by calling the Canada Revenue Agency’s Individual Income Tax Enquiries line at 1-800-959-8281. Those who have registered for the CRA’s online tax service My Account can obtain that information by logging into My Account.

Individual tax instalment deadlines for 2023

Millions of individual taxpayers pay income tax by quarterly instalments, which are due on the 15^th of March, June, September and December 2023.

The actual tax instalment due dates for 2023 are as follows:

• Wednesday March 15, 2023
• Thursday June 15, 2023
• Friday September 15, 2023
• Friday December 15, 2023

Old Age Security income clawback threshold

For 2023, the income level above which Old Age Security (OAS) benefits are clawed back is $86,912.

Individual tax filing and payment deadlines in 2023

For all individual taxpayers, including those who are self-employed, the deadline for payment of any balance of 2022 taxes owed is Monday May 1, 2023.

Taxpayers (other than the self-employed and their spouses) must file an income tax return for 2022 on or before Monday May 1, 2023.

Self-employed taxpayers and their spouses must file a 2022 income tax return on or before Thursday June 15, 2023.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

They can be accessed below.

Corporate:

Issue #62 Corporate

Personal:

Issue #62 Personal

Canada’s retirement income system is often referred to as a three-part system. Individuals earning income from employment or self-employment can contribute to a registered retirement savings plan (RRSP) and withdraw funds from that plan in retirement. A much smaller (and shrinking) group of Canadians will receive income in retirement from an employer-sponsored pension plan. Finally, there are two government sponsored retirement income programs. Under the first, Canadian retirees who participated in the paid work force during their adult life will have contributed to the Canada Pension Plan (CPP) and will be able to receive CPP retirement benefits as early as age 60.

Canada’s retirement income system is often referred to as a three-part system. Individuals earning income from employment or self-employment can contribute to a registered retirement savings plan (RRSP) and withdraw funds from that plan in retirement. A much smaller (and shrinking) group of Canadians will receive income in retirement from an employer-sponsored pension plan. Finally, there are two government sponsored retirement income programs. Under the first, Canadian retirees who participated in the paid work force during their adult life will have contributed to the Canada Pension Plan (CPP) and will be able to receive CPP retirement benefits as early as age 60.

The second federal government retirement income program – the Old Age Security (OAS) program – is different from all other retirement income programs in that it does not require an individual to make contributions to the program during his or her working life in order to receive benefits in retirement. Rather, entitlement to OAS is based on the number of years of Canadian residence, and individuals who are resident in Canada for 40 years after the age of 18 can receive full OAS benefits. As of the fourth quarter of 2022, those full OAS benefits are equal to $685.50 per month.

The OAS program is distinct from other sources of retirement income in another, less welcome way, in that it is the only retirement income source for which the federal government can require repayment by the recipient. That repayment requirement comes about through the OAS “Recovery Tax”, which is universally known as the OAS “clawback”.

While the rules governing the administration of the clawback can be confusing, the concept is a (relatively) simple one. Anyone who receives OAS benefits during the year and has income for that year of more than (for 2022) $81,761 must repay a portion of the OAS benefits received. That repayment, or clawback, is administered by reducing the amount of OAS benefits which the individual receives during the next benefit year.

Since the OAS clawback affects only individuals who have an annual income for 2022 of at least $81,761, it’s arguable that at such income levels, the clawback requirement does not impose any real financial hardship. Nonetheless, the OAS clawback is a perpetual irritant to those affected, perhaps because of the sense that they are being penalized for being disciplined savers, or good managers of their finances during their working years, in order to ensure a financially comfortable retirement.

While any sense of grievance can’t alter the reality of the OAS clawback, there are strategies which can be put in place to either minimize or, in some cases, entirely eliminate one’s exposure to that clawback. Some of those planning considerations are better addressed earlier in life, prior to retirement, However, it’s not too late, once one is already receiving OAS, to make arrangements to avoid or minimize the clawback.

In all cases, no matter what strategy is employed, the goal is to “smooth” one’s income from year to year, so that net income for each year comes in under the OAS clawback threshold and, not incidentally, minimizes exposure to the higher federal and provincial income tax rates which apply once taxable income exceeds around $100,000.

The starting point, for taxpayers who are approaching retirement, is to determine how much income will be received from all sources during retirement, based on CPP and OAS entitlement, any savings accrued through an RRSP, and any amounts which may be received from an employer-sponsored pension plan. Anyone who has an RRSP must, by the end of the year in which they turn 71, convert that plan into a registered retirement income fund (RRIF) or purchase an annuity. Under either scenario, the taxpayer will begin receiving income from the RRIF or the annuity in the following year. However, it’s possible to begin receiving income from an RRSP or an RRIF at any time. Similarly, an individual who is eligible for CPP retirement benefits can begin receiving those benefits anytime between age 60 and age 70, with the amount of monthly benefit receivable increasing with each month receipt is deferred. The same calculation applies to OAS benefits, which can be received as early as age 65 or deferred up until age 70.

Once the amount of annual income is determined, strategies to smooth out that income can be put in place. One of those strategies is to withdraw income from an RRSP or an RRIF prior to age 71, so as to reduce the total amount within the RRSP or RRIF and so thereby reduce the likelihood of having a large “bump” in income when required withdrawals kick in at that time.

Taxpayers are sometimes understandably reluctant to take steps which they view as depleting their retirement savings, but receiving income from an RRSP or an RRIF doesn’t have to mean spending that income. While tax has to be paid on any withdrawals (no matter what the taxpayer’s age), the after-tax amounts can be contributed to the taxpayer’s tax-free savings account (TFSA), where they can earn investment income free of tax. And, when the taxpayer has need of those funds, in retirement, they can be withdrawn free of tax and won’t count as income for purposes of the OAS clawback or any other tax credits or benefits.

Taxpayers who are married can also “even out” their income by using pension income splitting, so that neither of them has sufficient income to be affected by the clawback. Using pension income splitting, the spouse who has income which exceeds the OAS clawback threshold re-allocates the “excess” income to his or her spouse on the annual return, and that income is then considered to be income of the recipient spouse, for purposes of both income tax and the OAS clawback. To be eligible for pension income splitting, the income to be reallocated must be private pension income, which is generally income from an RRSP, RRIF, or annuity, or from an employer-sponsored pension plan.

There are two reasons why pension income splitting is a particularly attractive strategy for avoiding or minimizing the OAS clawback. First, there is no need to actually change the source or amount of income received by each spouse, as the reallocation of income is “notional”, existing only on the return for the year. Second, no decision has to be made on pension income splitting until it’s time to file the return for the previous year, meaning that spouses can easily calculate exactly how much income has to be reallocated in order to avoid the clawback, and to reduce tax liability generally. More information on the kinds of income eligible for pension income splitting, and the mechanics of the process, can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/pension-income-splitting.html.

As the pandemic continues to wane, traditional employer-sponsored holiday social events have once again become a reality – although, as in all aspects of pandemic life, such events will likely be a hybrid of “virtual” and in-person functions.

As the pandemic continues to wane, traditional employer-sponsored holiday social events have once again become a reality – although, as in all aspects of pandemic life, such events will likely be a hybrid of “virtual” and in-person functions.

In addition to restoring the annual holiday social event employers may, given the current difficulties in attracting and retaining employees, have an added incentive to show their appreciation to current employees by means of a holiday gift or bonus.

What such employers certainly don’t want to do is to create a tax headache for their employees. Unfortunately, it’s also the case that a failure to properly structure such gifts or other extras like holiday parties can result in unintended and unwelcome tax consequences to those employees. And this year, recognizing the ways in which holiday-related employer gifts and employer-sponsored social events have changed over the past three years, the Canada Revenue Agency (CRA) has responded by updating its policies to address those new realities.

Trying to formulate and administer the tax rules around holiday gifts and celebrations is something of a no-win situation for the CRA. On an individual or even a company level, the amounts involved are usually small, or even nominal, and the range of situations which must be addressed by the related tax rules are virtually limitless. As a result, the cost of drafting and administering those rules can outweigh the revenue generated by the enforcement of such rules, to say nothing of the potential ill-will generated by imposing tax consequences on holiday gifts or parties. Nonetheless, the potential exists for employers to provide what would otherwise be taxable remuneration in the guise of holiday gifts, and it’s the responsibility of the tax authorities to ensure that such situations don’t slip through the tax net.

The starting point for the CRA’s rules is that any gift (cash or non-cash) received by an employee from his or her employer at any time of the year is considered to constitute a taxable benefit, to be included in the employee’s income for that year.

The CRA does, however, make some administrative concessions in this area, allowing non-cash gifts (within a specified annual dollar limit) to be received tax-free by employees, as long as such gifts are given on significant dates or events, like religious holidays such as Christmas or Hanukkah, or on the occasion of a birthday, a marriage, or the birth of a child.

In sum, the CRA’s administrative policy is simply that such non-cash gifts to an arm’s length employee, regardless of the number of such gifts, will not be taxable if the total fair market value of all such gifts (including goods and services tax or harmonized sales tax) to that employee is $500 or less annually. The total value over $500 annually will be a taxable benefit to the employee and must be included on the employee’s T4 for the year, and on which income tax must be paid.

It’s important to remember the “non-cash” criterion imposed by the CRA, as the $500-per-year administrative concession does not apply to what the CRA terms “cash or near-cash” gifts, and all such gifts are considered to be a taxable benefit and included in income for tax purposes, regardless of amount. For this purpose, the CRA considers both currency and cheques to be cash. As well, in situations in which an employee selects and purchases something, submits a receipt to the employer and receives reimbursement for that purchase, that employee is considered to have received a cash gift, in the amount of the purchase/reimbursement.

Other instances of gifts made to employees are not so clear cut, as even a gift or award which cannot be converted to cash can be considered by the CRA to be a near-cash gift. Drawing a firm line between cash/near-cash gifts and non-cash gifts can be difficult, and the CRA provides the following information to help clarify that difference.

Examples of a near-cash gift or award

• Something easily converted to cash, such as bonds, securities, or precious metals;
• Gift cards (with the exception outlined below);
• A prepaid card issued by a financial institution that can be used to pay for purchases; and
• Digital currency which is electronic money (i.e., cryptocurrencies not issued by a government or central bank).

Under the CRA’s previous policy, gift cards were considered to be near-cash gifts and fully taxable to the employee who received one, but the CRA has now carved out an exception to that policy. Specifically, effective as of the 2022 tax year, a gift card that meets all of the following criteria will be treated as a non-cash gift, and subject to the usual rules governing non-cash gifts:

• the card comes with money already on it and can only be used to purchase goods or services from a single retailer or group of retailers identified on the card;
• the terms and conditions of the gift card clearly state that amounts on the card cannot be converted into cash; and
• the employer keeps a log to record details of the gift card information including the date, the employee’s name and the reason for providing the gift card, as well as the type and amount of the gift card.

It may seem nearly impossible to plan for employee holiday gifts without running afoul of one or more of the detailed rules and administrative policies surrounding the taxation of such gifts and benefits. However, designing a tax-effective plan is possible, if the following rules are kept in mind.

Cash or near-cash gifts should be avoided, as they will, no matter how large or small the amount, almost always create a taxable benefit to the employee. The sole exception to that rule is the exception carved out by the CRA which now (for 2022 and subsequent tax years) treats gift certificates as non-cash gifts, but only where such gift certificates meet the criteria listed above.

Where non-cash holiday gifts are provided to employees, gifts with a value of up to $500 can be received free of tax. The employer must be mindful of the fact that the $500 limit is a per-year and not a per-occasion limit. Where the employee receives non-cash gifts with a total value of more than $500 in any one taxation year, the portion over $500 is a taxable benefit to the employee.

In addition to the new rules governing employee gifts, the tax treatment of employer sponsored holiday social events has changed under the CRA’s new policies. While the basic policy which determines whether an event does or does not create a taxable benefit to employees is essentially the same, there is some difference in the way virtual and in-person events are treated for tax purposes.

The general and long-standing rule is that a holiday social event does not create a taxable benefit to employees where the event is open to all employees and the per-person cost of the event is below a specified threshold.

For 2022, an employer-sponsored social event which is in-person or is a combination of in-person and virtual attendance will not create a taxable benefit for employees if the per-person cost is less than $150. Ancillary costs such as transportation home, taxi fare, and overnight accommodation for attendees are not included in the total cost limit for the event. As well, where gift cards are provided to employees who are attending “virtually”, such gift cards must meet the criteria listed above which allows the characterization of such gift cards as a non-cash gift.

Where an employer-sponsored social event is entirely virtual in nature, different limits apply. Those limits are as follows.

• where a virtual social event includes meals, beverages, and delivery services, the event will not be a taxable benefit to employees if the total cost is $50 per employee or less.
• where a virtual social event includes meals, beverages, delivery services, and entertainment, the event will not be a taxable benefit to employees if the total cost is $100 per employee or less.

Finally, employers should note that where the per employee dollar limits outlined above are exceeded, the entire per-employee cost of the event is treated as a taxable benefit – not just the amount by which the per-employee cost exceeds those prescribed dollar limits. And, finally, in order to benefit from those prescribed limits, employers are restricted to holding six or fewer employer-paid social events each year.

The range and variety of social events and employee gifts which can be provided by an employer to its employees is almost limitless, and where the government seeks to draft rules to govern the tax treatment of such a range of possibilities, complexity is inevitable. The best advice to be given to employers in the circumstances is to consider carefully the kinds of gifts which are given and to be mindful of the dollar amount limits imposed on non-cash gifts and employer-paid social gatherings. After all, at the end of the day, a gift which results in unintended and unwanted tax consequences is unlikely to engender much holiday spirit or goodwill on the part of the employee who receives it.

The worst of the COVID-19 pandemic which began almost three years ago is now (hopefully) behind us. That doesn’t mean, however, that Canadians aren’t still dealing with the unwelcome consequences of the pandemic, in a number of ways.

The worst of the COVID-19 pandemic which began almost three years ago is now (hopefully) behind us. That doesn’t mean, however, that Canadians aren’t still dealing with the unwelcome consequences of the pandemic, in a number of ways.

One of those long-term consequences relates to pandemic benefits which were paid by the federal government and received by individuals across Canada for income support . Those individual pandemic benefit programs ended several months ago, in May of 2022, and the federal government continues to seek repayment of such benefits by individuals who were either not entitled to receive them, or who received benefits in amounts greater than they were eligible for.

It's not at all surprising that overpayments of individual pandemic benefits took place, for a number of reasons. While there were undoubtedly individuals who deliberately made fraudulent claims for benefits to which they knew they were not entitled, it’s likely that most instances of benefit overpayments arose for other reasons. The first such reason is the sheer number of Canadians who received such benefits. According to Statistics Canada, more than two thirds of adult Canadians benefited from at least one pandemic relief program in 2020 alone. As well, in the first six months of the pandemic (March to September 2020) a single program – the Canada Emergency Response Benefit (CERB) – provided income to over one quarter of Canadian adults. Second, as the pandemic continued, the CERB was replaced by, in turn, the Canada Recovery Benefit, the Canada Recovery Caregiving Benefit, the Canada Recovery Sickness Benefit, and the Canada Worker Lockdown benefit. Given that each of these programs had its own eligibility criteria and benefit periods, confusion and error over eligibility for benefits at any particular time wasn’t just likely, it was almost inevitable. Third, the largest individual pandemic benefit program – the CERB – was administered simultaneously by two different federal government entities – the Canada Revenue Agency (CRA) and Employment and Social Development Canada. Consequently, there were possibly instances in which an individual claimed and received amounts from both entities, not understanding that the same benefit was incorrectly being paid twice. As well, eligibility for pandemic benefits depended, in some instances, on whether an individual was already receiving Employment Insurance benefits, leading to more confusion. And, finally, especially in the early days of the pandemic, individuals who applied for pandemic benefits self-certified their eligibility as part of the online application process. In the interests of getting such benefits into the hands of suddenly unemployed Canadians as quickly as possible, there was no further verification process carried out to determine whether recipients were, in fact, entitled to the benefits claimed and paid.

Regardless of the reasons why an overpayment of benefits occurred, such overpayments must now be repaid. However, in light of the factors outlined above, the federal government has made two decisions with respect to such required repayments. The first such decision is only individuals who received an overpayment of benefits through intentional fraud will face “additional” unspecified consequences – likely in the form of interest and penalties, or even legal consequences. The second decision is that while individuals who received benefit overpayments through innocent error or misunderstanding will be required to repay any overpayment of benefits, there will be no interest charges levied on any of the amounts which they must repay.

The list of benefit programs for which repayment of overpayments will be required is as follows.

• Canada Emergency Response Benefit;
• Canada Emergency Student Benefit;
• Canada Recovery Benefit;
• Canada Recovery Caregiving Benefit;
• Canada Recovery Sickness Benefit;
• Canada Worker Lockdown Benefit.

There are, as well, tax consequences to both receipt and repayment of benefits. Benefits paid under each of these programs constituted taxable income to the recipient and would have been included on a T4A slip issued by the federal government for the tax year in which the benefits were received. Those amounts would have been reported as income on the tax return for that year, and income tax paid on those amounts by the benefit recipient.

Where benefit amounts received in previous years (and on which income tax was paid) are repaid to the federal government, the person who made those repayments is entitled to claim a deduction for the repayment amount on his or her tax return.

Where a repayment is made between January 1, 2021 and December 31, 2022, the taxpayer can choose which tax year to claim that deduction from income or can split the deduction between tax years, whichever gives the best tax result. Where a repayment is made after the end of 2022, however, the deduction can be claimed only in the year that the repayment is made.

The specific rules with respect to deductions claimed for repayments made during 2021 and 2022 are as follows.

For benefit repayments made in 2021, the taxpayer may:

• claim the deduction on the 2021 tax return;
• claim the deduction on the 2020 tax return if he or she received the amount in 2020;
• split the deduction between the 2020 and 2021 tax returns if he or she received the amount in 2020.

For benefit repayments made in 2022, the taxpayer may:

• claim the deduction on the 2022 tax return;
• claim the deduction on the tax return for the year he or she received the benefit (2020 or 2021);
• split the deduction between tax returns.

In January of 2023, the Canada Revenue Agency will be issuing a new form – Form T1B Request to Deduct Federal COVID-19 Benefits Repayment in a Prior Year – which will make it easier for taxpayers to claim a repayment made in 2022 as a deduction on a tax return for a prior tax year.

Not surprisingly, the federal government is making it as easy as possible for Canadians to repay benefit overpayments, by providing them with multiple options when it comes to making such repayments. Repayments can be paid online, on the website of the CRA or the taxpayer’s financial institution. Payments can also be sent by mail, in the form of a cheque or money order (not cash), and any such cheque or money order should be made payable to the Receiver General of Canada. Additionally, repayments can be made at a Canada Post location, using a debit card, with cash, or by using a QR code, which can be downloaded from the CRA website.

Given current economic conditions and the length of time which has passed since some of these benefit payments were made, there will likely be many instances in which benefit recipients will be unable to make immediate repayment in full. In such circumstances, the CRA is willing to receive such repayments over time, under the terms of a payment arrangement with the taxpayer. Once again, no interest charges will be levied on outstanding repayment obligations.

The CRA recently posted on its website detailed information on its current COVID-19 benefit repayment policies and procedures. That information can be found at https://www.canada.ca/en/revenue-agency/services/payments-cra/individual-payments/repay-covid-benefits.html.

For individual Canadian taxpayers, the tax year ends at the same time as the calendar year. And what that means for individual Canadians is that any steps taken to reduce their tax payable for 2022 must be completed by December 31, 2022. (For individual taxpayers, the only significant exception to that rule is registered retirement savings plan (RRSP) contributions. With some exceptions, such contributions can be made any time up to and including March 1, 2023, and claimed on the return for 2022.)

For individual Canadian taxpayers, the tax year ends at the same time as the calendar year. And what that means for individual Canadians is that any steps taken to reduce their tax payable for 2022 must be completed by December 31, 2022. (For individual taxpayers, the only significant exception to that rule is registered retirement savings plan (RRSP) contributions. With some exceptions, such contributions can be made any time up to and including March 1, 2023, and claimed on the return for 2022.)

While the remaining time frame in which most tax planning strategies for 2022 can be implemented is only a few weeks, the good news is that the most readily available of those strategies don’t involve a lot of planning or complicated financial structures – in many cases, it’s just a question of considering the timing of steps which would have been taken in any event. What follows is a listing of some of the steps which should be considered by most Canadian taxpayers as the year-end approaches.

Charitable donations

The federal government and each of the provincial and territorial governments provide a tax credit for donations made to registered charities during the year. In all cases, in order to claim a credit for a donation in a particular tax year, that donation must be made by the end of that calendar year – there are no exceptions.

There is, however, another reason to ensure donations are made by December 31. The credit provided by each of the federal, provincial, and territorial governments is a two-level credit, in which the percentage credit claimable increases with the amount of donation made. For federal tax purposes, the first $200 in donations is eligible for a non-refundable tax credit equal to 15% of the donation. The credit for donations made during the year which exceed the $200 threshold is, however, calculated as 29% of the excess. For the minority of taxpayers who have taxable income (for 2022) over $221,708, charitable donations above the $200 threshold can receive a federal tax credit of 33%.

As a result of the two-level credit structure, the best tax result is obtained when donations made during a single calendar year are maximized. For instance, a qualifying charitable donation of $400 made in December 2022 will receive a federal credit of $88.00 (($200 × 15%) + ($200 × 29%)). If the same amount is donated, but the donation is split equally between December 2022 and January 2023, the total credit claimable is only $60.00 (($200 × 15%) + ($200 × 15%)), and the 2023 donation can’t be claimed until the 2023 return is filed in April 2024. And, of course, the larger the donation in any one calendar year, the greater the proportion of that donation which will receive credit at the 29% level rather than the 15% level.

It’s also possible to carry forward, for up to five years, donations which were made in a particular tax year. So, if donations made in 2022 don’t reach the $200 level, it’s usually worth holding off on claiming the donation and carrying it forward to the next year in which total donations, including carryforwards, are over that threshold. Of course, this also means that donations made but not claimed in any of the 2017, 2018, 2019, 2020, or 2021 tax years can be carried forward and added to the total donations made in 2022, and the aggregate then claimed on the 2022 tax return.

When claiming charitable donations, it’s possible to combine donations made by oneself and one’s spouse and claim them on a single return. Generally, and especially in provinces and territories which impose a high-income surtax – currently, Ontario and Prince Edward Island – it makes sense for the higher income spouse to make the claim for the total of charitable donations made by both spouses. Doing so will reduce the tax payable by that spouse and thereby minimize (or avoid) liability for the provincial high-income surtax.

Making a final RRSP contribution

Every Canadian who has an RRSP must collapse that plan by the end of the year in which he or she turns 71 years of age – usually by converting the RRSP into a registered retirement income fund (RRIF) or by purchasing an annuity. An individual who turns 71 during the year is still entitled to make a final RRSP contribution for that year, assuming that he or she has sufficient contribution room. However, in such cases, the 60-day window for contributions after December 31 is not available. Any RRSP contribution to be made by a person who turns 71 during the year must be made by December 31 of that year. Once that deadline has passed, no further RRSP contributions are possible.

Taxpayer requests for penalty or interest relief

Taxpayers are entitled to request relief from the Canada Revenue Agency (CRA) for interest or penalty charges which the CRA has levied, and those who want to do so must send their request within 10 years from the end of the calendar year or fiscal period concerned. The CRA may also cancel interest and penalties that accrued within 10 calendar years of the year the taxpayer relief request is made, regardless of the tax year or reporting period in which the debt originated.

This year’s deadline applies to taxpayer relief requests for:

• the 2012 tax year;
• any reporting period that ended during the 2012 calendar year; and
• any interest and penalties that accrued during the 2012 calendar year for any tax year or reporting period.

All such requests for relief must be submitted on or before December 31, 2022.

Reviewing tax instalments for 2022

Millions of Canadian taxpayers (particularly self-employed and retired Canadians) pay income taxes by quarterly instalments, with the amount of those instalments representing an estimate of the taxpayer’s total liability for the year.

The final quarterly instalment for this year will be due on Thursday December 15, 2022. By that time, almost everyone will have a reasonably good idea of what their income and deductions will be for 2022 and so will be in a position to estimate what the final tax bill for the year will be, taking into account any tax planning strategies already put in place, as well as any RRSP contributions which will be made on or before March 1, 2023. While the tax return forms to be used for the 2022 year haven’t yet been released by the CRA, it’s possible to arrive at an estimate by using the 2021 form. Increases in tax credit amounts and tax brackets from 2021 to 2022 will mean that using the 2021 form will likely result in a slight over-estimate of tax liability for 2022.

Once one’s tax bill for 2022 has been calculated, that figure should be compared to the total of tax instalments already made during 2022 (that figure can be obtained by checking one’s online tax account on the CRA website, or by calling the CRA’s Individual Income Tax Enquiries line at 1-800-959-8281). Depending on the result, it may then be possible to reduce the amount of the tax instalment to be paid on December 15 – and thereby free up some additional funds for the inevitable holiday spending!

For most Canadians, tax planning for a year that hasn’t even started yet may seem too remote to even be considered. However, most Canadians will start paying their taxes for 2023 with the first paycheque they receive in January of 2023, less than two months from now. And, of course, with inflation running at over 7% and interest rates having nearly doubled in the last eight months, managing cash flow and maximizing take-home (after tax) income is a priority for everyone right now.

For most Canadians, tax planning for a year that hasn’t even started yet may seem too remote to even be considered. However, most Canadians will start paying their taxes for 2023 with the first paycheque they receive in January of 2023, less than two months from now. And, of course, with inflation running at over 7% and interest rates having nearly doubled in the last eight months, managing cash flow and maximizing take-home (after tax) income is a priority for everyone right now.

For most Canadians (certainly for the vast majority who earn their income from employment), income tax, along with other statutory deductions like Canada Pension Plan contributions and Employment Insurance premiums, are paid periodically throughout the year by means of deductions taken from each paycheque received, with those deductions then remitted to the Canada Revenue Agency (CRA) on the taxpayer’s behalf by his or her employer.

Of course, each taxpayer’s situation is unique and so the employer has to have some guidance as to how much to deduct and remit on behalf of each employee. That guidance is provided by the employee/taxpayer in the form of TD1 forms which are completed and signed by each employee, sometimes at the start of each year, but certainly at the time employment commences. Each employee must, in fact, complete two TD1 forms – one for federal tax purposes and the other for provincial tax imposed by the province in which the taxpayer lives. Federal and provincial TD1 forms for 2023 (which have not yet been released by the CRA but, once published, will be available on the Agency’s website at https://www.canada.ca/en/revenue-agency/services/forms-publications/td1-personal-tax-credits-returns/td1-forms-pay-received-on-january-1-later.html) list the most common statutory credits claimed by taxpayers, including the basic personal credit, the spousal credit amount, and the age amount. Adding amounts claimed on each form gives the Total Claim Amounts (one federal, one provincial) which the employer then uses to determine, based on tables issued by the CRA, the amount of income tax which should be deducted (or withheld) from each of the employee’s paycheques and remitted on his or her behalf to the federal government.

While the TD1 completed by the employee at the time his or her employment commenced will have accurately reflected the credits claimable by the employee at that time, everyone’s life circumstances change. Where a baby is born or a son or daughter starts post-secondary education, there is a separation or a divorce, a taxpayer turns 65 years of age, or an elderly parent comes to live with his or her children, the affected taxpayer(s) will often become eligible to claim tax credits not previously available. And, since the employer can only calculate source deductions based on information provided to it by the employee, those new credit claims won’t be reflected in the amounts deducted at source from the employee’s paycheque.

Consequently, it’s a good idea for all employees to review the TD1 form prior to the start of each taxation year and to make any changes needed to ensure that a claim is made for any and all credit amounts currently available to him or her. Doing so will ensure that the correct amount of tax is deducted at source throughout the year.

As well, it’s often the case that a taxpayer will have available deductions which cannot be recorded on the TD1, like RRSP contributions, deductible support payments, or child care expenses. While such claims make things a little more complicated, it’s still possible to have source deductions adjusted to accurately reflect those claims, and the employee’s resulting reduced tax liability for 2023. The way to do so is to file Form T1213 – Request to Reduce Tax Deductions at Source (available on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t1213.html) with the Agency. Once that form is filed with the CRA, the CRA will, after verifying that the claims made are accurate, provide the employer with a Letter of Authority authorizing that employer to reduce the amount of tax being withheld from the employee’s paycheque – and thereby increasing the employee’s take-home income. 

Of course, as with all things bureaucratic, having one’s source deductions reduced by filing a T1213 takes time. While a T1213 can be filed with the CRA at any time of the year, the sooner it’s done, the sooner source deductions can be adjusted, effective for all subsequent paycheques. Providing an employer with an updated TD1 for 2023 as soon as possible, along with filing the T1213 with the CRA where circumstances warrant, will ensure that source deductions made starting January 1, 2023 will accurately reflect all of the employee’s current circumstances, and consequently his or her actual tax liability for the year – and, potentially, provide the employee with a little more cash flow to meet day to day expenses.

Over the past three years, the structure of work-from-home arrangements for employees has been a constantly changing landscape. In 2020, almost all employees who could work from home were required to do so, as most workplaces were closed under pandemic public health lockdown rules. As the pandemic eased (slightly) in 2021, employees began, in some cases, to return to the workplace on a part-time or full-time basis. That trend has continued in 2022, although in most cases employees are now working from home by agreement with their employer, rather than because of the requirements of a public health mandate.

Over the past three years, the structure of work-from-home arrangements for employees has been a constantly changing landscape. In 2020, almost all employees who could work from home were required to do so, as most workplaces were closed under pandemic public health lockdown rules. As the pandemic eased (slightly) in 2021, employees began, in some cases, to return to the workplace on a part-time or full-time basis. That trend has continued in 2022, although in most cases employees are now working from home by agreement with their employer, rather than because of the requirements of a public health mandate.

As the necessity and availability of work-from-home arrangements changed over the past three years, so too did the tax rules under which employees could claim a deduction for home office related costs. Under the tax rules in place prior to 2020, such a deduction was available only where employees met a number of criteria and could provide the tax authorities with an itemized accounting of eligible home office expenses incurred, as well as attestation from their employer of the terms of the work-from-home arrangement. In 2020, however, the federal government, recognizing that millions of Canadians would be claiming home office expense deductions for the first time, simplified the rules to provide for a standardized deduction claim for eligible employees who were working from home because of the pandemic.

The standardized deduction is still available to be claimed by individual employees who worked from home during 2022. However, the eligibility criteria for claiming the standardized deduction (which is the same test which applied in 2020 and 2021) may be more difficult for employees to meet in 2022, as work-from-home arrangements have evolved.

The standardized claim for home office expenses which was introduced in 2020 allows employees to claim a deduction of $2 per day for each day that the employee worked from home. There is no requirement to document expenses incurred and no need to provide verification from an employer that the work from home arrangement was required of the employee. However, in order to be eligible for the standardized deduction for 2022, the following criteria must be satisfied:

• an employee must have worked from home during the year due to the COVID-19 pandemic: and
• the work from home arrangement must have lasted for at least four consecutive weeks, with the employee working from home at least 50% of the time during those four consecutive weeks.

It may well be that many employees who continued to work from home during 2022 for at least part of the time will not be able to fit themselves into the eligibility criteria for claiming the standardized deduction, because their work arrangements throughout the year had them in the office for more than 50% of the time (i.e. three days week in the office, two days working from home), or because any time period when they did work more than 50% of the time from home did not last at least four consecutive weeks. In such cases, the employee should consider whether he or she can make a claim for a home office expense deduction using the detailed method which was in place prior to 2020 and continues to be available for 2022. And, while the record keeping requirements to claim such a deduction under the detailed method will be more onerous, using that detailed method can often produce a bigger expense claim and therefore a better tax result for the taxpayer.

In order to claim a deduction for costs related to a work from home space using the detailed method, an employee must meet at least one of the following conditions.

• The employee worked from home during 2022 as a consequence of the pandemic (including employees who were given a choice and elected to work from home); or
• the employee was required by his or her employer to work from home during 2022 (this can be just a verbal or written agreement between employer and employee).

In addition, at least one of the following criteria must also be satisfied in order to claim work from home costs under the detailed method:

• The work from home space is where the individual mainly (more than 50% of the time) did his or her work for a period of at least four consecutive weeks during 2022; or
• The individual uses the workspace only to earn his or her employment income. He or she must also use it on a regular and continuous basis for meeting clients, customers, or other people in the course of his or her employment duties.

Once these threshold criteria are met, a broad range of costs become deductible by the employee. Specifically, a salaried employee can claim and deduct the part of specified costs that relate to his or her work from home space, such as rent, utilities costs like electricity, heating, water (or the portion of a condo fee attributable to such utilities costs), home maintenance and minor repair costs, and internet access (but not internet connection) fees.

Once total expenses are tallied, the taxpayer must determine the percentage of those expenses which can be deducted as home office expenses, and the CRA provides detailed information on its website of how such determination is made. Generally, the employee determines that percentage based on the square footage of the workspace as a percentage of the overall square footage of the home. Where the workspace is not a separate room but is a shared space like a dining room, the employee must also calculate the number of hours for which that space is dedicated to work from home activities. Detailed information on how to make those calculations (including an online calculator) can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-22900-other-employment-expenses/work-space-home-expenses/work-space-use.html.

 In all cases, the CRA can ask the taxpayer to provide documentation and support for claims made using the detailed method.

There is one further requirement for employees who seek to deduct costs incurred in relation to a home office using the detailed method. Each such employee must obtain either a T2200S Declaration of Conditions of Employment for Working at Home Due to COVID-19 - Canada.ca or T2200 Declaration of Conditions of Employment - Canada.ca. On those forms, the employer must certify the work from home arrangement and confirm that the employee is required to pay his or her own home office expenses and is not being reimbursed for any such expenses incurred. Where there is any kind of reimbursement provided, the employer must specify the type of expense reimbursed, and the amount of reimbursement. And, of course, the employee cannot claim a deduction for any expenses for which reimbursement was received.

For the many taxpayers who claimed the standardized home office expense deduction in 2020 and 2021, the filing season for returns for 2022 may be the first time they encounter the rules and requirements which govern claims for home office expenses using the detailed method. It would, therefore, be advisable to do some upfront planning to determine what kind of deduction claim (standardized vs. detailed) they may be able to make for 2022, and to ensure that any record keeping needed to support that deduction is done before tax filing season arrives a few months from now.

The majority of Canadians who are not members of an employer-sponsored defined benefit registered pension plan save for retirement through a registered retirement savings plan (RRSP). For those Canadians who have accumulated retirement savings in an RRSP, the year in which they turn 71 is decision time. By the end of that year, all RRSPs must be closed, and the RRSP holder must decide whether to transfer his or her accrued savings into a registered retirement income fund (RRIF), or purchase an annuity, or both. (It’s also possible to collapse the RRSP and include all RRSP amounts in income for that year, but such a course of action is rarely advisable from a tax perspective).

The majority of Canadians who are not members of an employer-sponsored defined benefit registered pension plan save for retirement through a registered retirement savings plan (RRSP). For those Canadians who have accumulated retirement savings in an RRSP, the year in which they turn 71 is decision time. By the end of that year, all RRSPs must be closed, and the RRSP holder must decide whether to transfer his or her accrued savings into a registered retirement income fund (RRIF), or purchase an annuity, or both. (It’s also possible to collapse the RRSP and include all RRSP amounts in income for that year, but such a course of action is rarely advisable from a tax perspective).

Most RRSP holders choose to transfer funds held in an RRSP to an RRIF, and that transfer can be done on a tax-free basis. In addition, investment returns on funds transferred to the RRIF can continue to accrue tax-free. The RRIF holder is, however, required to withdraw a minimum amount each year (based on the RRIF holder’s age and the amount in the RRIF at the start of the year), and that withdrawn amount is taxed as income.

Where the RRSP holder chooses to purchase an annuity, he or she pays a specified lump sum amount to the annuity issuer, usually an insurance company, in exchange for which he or she is guaranteed an annual income of a specified amount for the remainder of his or her life. That income, too, is taxable to the annuity holder.

While each of the available options (RRIF and annuity) has upsides and downsides, the main underlying consideration is the same for both. And that is how to generate enough income to have a comfortable retirement, while still ensuring that savings accrued will last the remainder of one’s life. How, in other words, to avoid the dismal prospect of outliving one’s savings, or spending too much early in retirement and being left with insufficient income to meet one’s expenses late in life? And, of course, it’s impossible to find a definitive answer to that question, since none of us knows what the future holds, in terms of either health or longevity.

Typically, expenses are higher early in retirement, when retirees are likely to be healthier and more active, and retirement plans may include travel and the pursuit of hobbies and interests. However, while such activities and their associated costs likely dwindle as retirees age, other types of expenses come into play – especially expenses related to the need to pay for medical costs, household and personal services, and ultimately, personal and/or medical care in an assisted living facility. The prospect of such future costs can make retirees reluctant to spend accrued savings (or annuity income), out of concern that such funds will be needed in the future to pay for care.

The worry about reaching an age where some degree of care is required (and must be paid for) is an entirely realistic one for retirees. According to Statistics Canada’s figures, the average Canadian who has reached the age of 75 has a life expectancy of another 12 years. And, since that figure represents an average, a significant number of 75-year-olds can expect to live longer than that. Again according to StatsCan figures, there were, in 2021, over 860,000 Canadians aged 85 or older.

With all of these demographic and financial realities in mind, the federal government announced, in 2019, the availability of a new kind of annuity – the advanced life deferred annuity or ALDA. As is the case with all annuities, the annuity issuer agrees, in exchange for receiving a specified lump sum amount, to provide an annual income of a specified amount to the annuitant. The difference, however, is while an ALDA can be taken out at any time, payments under the ALDA can be deferred to as late as the end of the year in which the annuitant turns 85.

For example, a retiree who turns 71 in 2022 and who has accumulated $500,000 in retirement savings could transfer $400,000 from his or her RRSP to an RRIF, and use the remaining $100,000 to purchase an ALDA, under which payments would begin at age 85. The retiree now has the security of knowing that the $400,000 held in the RRIF (plus any additional amounts earned from investment returns) doesn’t need to last for the unknown number of years in his or her remaining life, but instead for a specified period of time (in this case, 14 years), at which time the income stream from the ALDA will begin, and will augment or replace the income from the RRIF.

There is a limit on the amount which can be used to purchase an ALDA. That limit is 25% of the amount held in an individual’s RRSP or RRIF, to a lifetime maximum of (for 2022) $160,000. Taking the example outlined above, the retiree who has accumulated $500,000 in RRSP savings would be using 20% of that amount (or $100,000) to purchase the ALDA, and would be safely under the $160,000 lifetime limit.

While the security provided by such a retirement income structure would certainly be welcome to most retirees, the obvious concern where payments under an annuity are deferred is the possibility that the annuitant won’t live long enough to collect those payments, and that the funds expended to purchase the ALDA will effectively be wasted. There are two options to address that (legitimate) concern. First, an ALDA can be structured as a “joint-life” contract, under which payments will be made to the surviving annuitant (most often the spouse of the ALDA purchaser) for the remainder of his or her life. It’s also possible to structure the ALDA to provide for a lump sum death benefit to be paid to a beneficiary or beneficiaries (for example, the annuitant’s children) on the death of the annuitant.

Being able to have certainty of income for one’s very old age is a major benefit of purchasing an ALDA. There is, however, another benefit to be obtained, and that is income and tax deferral.

As outlined above, individuals who hold savings in an RRSP must collapse that RRSP by the end of the year in which they turn 71 and, in most instances, such individuals open an RRIF and transfer funds held in the RRSP to that RRIF. Once funds are held in an RRIF a specified percentage of those funds must be paid out in each year to the RRIF holder. All such withdrawals constitute taxable income to the holder of the RRIF, and count as income which determines that RRIF holder’s eligibility for certain tax credits and benefits, like the age credit, Old Age Security benefits, and the GST/HST tax credit. Even if the RRIF holder does not actually need the total amount which must be withdrawn, there is no option to withdraw a lesser amount, and all funds withdrawn are treated as taxable income which determine eligibility for tax credits and benefits – with no exceptions.

Where an RRIF holder purchases an ALDA, the amount used for that purchase is no longer included in the total balance on which the required RRIF withdrawal percentage is calculated. Continuing the above example, if the RRIF holder used $100,000 of his or her retirement savings to purchase the ALDA, the amount which he or she would subsequently be required to withdraw from the RRIF each year would be calculated as a percentage of the remaining $400,000 – not the $500,000 which was held in the RRIF prior to the purchase of the ALDA. Both the RRIF holder’s income and his or her tax payable will therefore be lower, and the loss of partial or full eligibility for tax credits and benefits will be less likely.

As is the case with most annuities, the terms of an ALDA (purchase amount, single vs. joint annuity, existence of a death benefit, age at which the income stream begins) are up to the ALDA purchaser and the issuer, as long as the basic tax rules governing such plans are adhered to. Everyone’s financial, health, and tax circumstances are different and, as is the case with any retirement income plan, those particular circumstances will drive the decisions made on the best retirement income structure for that individual. Purchasing an ALDA may be the right approach for some retirees, but not for others –  but for everyone, having that option adds another element of flexibility to retirement income planning.

More information on ALDAs can be found on the federal government website at https://www.budget.gc.ca/2019/docs/tm-mf/si-is-en.html#advanced-life-deferred-annuities.

While the current state of the Canadian health care system is not without its problems, Canadians are nonetheless fortunate to have a publicly-funded health care system, in which most major medical expenses are covered by provincial health care plans. Notwithstanding, there is a large (and growing) number of medical and para-medical costs – including dental care, prescription drugs, physiotherapy, ambulance trips, and many others - which must be paid for on an out-of-pocket basis by the individual. In some cases, such costs are covered by private insurance, usually provided by an employer, but not everyone benefits from private health care coverage. Self-employed individuals, those working on contract, or those whose income comes from several part-time jobs do not usually have access to such private insurance coverage. Fortunately for those individuals, our tax system acts to help cushion the blow by providing a medical expense tax credit to help offset out-of-pocket medical and para-medical costs which must be incurred.

While the current state of the Canadian health care system is not without its problems, Canadians are nonetheless fortunate to have a publicly-funded health care system, in which most major medical expenses are covered by provincial health care plans. Notwithstanding, there is a large (and growing) number of medical and para-medical costs – including dental care, prescription drugs, physiotherapy, ambulance trips, and many others - which must be paid for on an out-of-pocket basis by the individual. In some cases, such costs are covered by private insurance, usually provided by an employer, but not everyone benefits from private health care coverage. Self-employed individuals, those working on contract, or those whose income comes from several part-time jobs do not usually have access to such private insurance coverage. Fortunately for those individuals, our tax system acts to help cushion the blow by providing a medical expense tax credit to help offset out-of-pocket medical and para-medical costs which must be incurred.

The bad news for such individuals is that while a tax credit is available, the computation of eligible expenses and, in particular, determining when a claim for the credit should be made can be confusing. In addition, the determination of which expenses qualify for the credit and which do not isn’t necessarily intuitive, nor is the determination of when it’s necessary to obtain prior authorization from a medical professional in order to ensure that the planned expenditure will qualify for the credit. For instance, in order to claim the medical expense tax credit for the cost of a walker, it is necessary to obtain a prescription for that walker from a medical professional. Where costs are incurred to purchase a wheelchair, those costs are eligible for the medical expense credit with no requirement that a prescription of any kind be obtained.

The basic rule is that qualifying medical expenses (a lengthy list of which can be found on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/lines-33099-33199-eligible-medical-expenses-you-claim-on-your-tax-return.html) over 3% of the taxpayer’s net income, or $2,479, whichever is less, can be claimed for purposes of the medical expense tax credit on the taxpayer’s return for 2022.

Put in more practical terms, the rule for 2022 is that any taxpayer whose net income is less than $82,635 will be entitled to claim medical expenses that are greater than 3% of his or her net income for the year. Those having income of $82,635 or more will be limited to claiming qualifying expenses which exceed the $2,479 threshold.

The other aspect of the medical expense tax credit which can cause some confusion is that it’s possible to claim medical expenses which were incurred prior to the current tax year, but weren’t claimed on the return for the year that the expenditure was made. The actual rule is that the taxpayer can claim qualifying medical expenses incurred during any 12-month period which ends in the current tax year, meaning that each taxpayer must determine which 12-month period ending in 2022 will produce the greatest amount eligible for the credit. That determination will obviously depend on when medical expenses were incurred so there is, unfortunately, no universal rule of thumb which can be used.

Medical expenses incurred by family members – the taxpayer, his or her spouse, children who were born in 2005 or later, and certain other dependent relatives – can be added together and claimed by one member of the family. In most cases, it’s best, in order to maximize the amount claimable, to make that claim on the tax return of the lower-income spouse, where that spouse has tax payable for the year.

As the end of the calendar year approaches, it’s a good idea to add up the medical expenses which have been incurred during 2022, as well as those paid during 2021 and not claimed on the 2021 return. Once those totals are known, it will be easier to determine whether to make a claim for 2022 or to wait and claim 2022 expenses on the return for 2023. And, if the decision is to make a claim for 2022, knowing what medical expenses were paid, and when, will enable the taxpayer to determine the optimal 12-month period for that claim.

Finally, it’s a good idea to look into the timing of medical expenses which will have to be paid early in 2023. Where those are significant expenses (for instance, a particularly costly medication which must be taken on an ongoing basis, or some expensive dental work) it may make sense, where possible, to accelerate the payment of those expenses to November or December 2022, where that means they can be included in 2022 totals and claimed on the 2022 return.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

They can be accessed below.

Corporate:

Issue #61 Corporate

Personal:

Issue #61 Personal

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

Corporate:

Issue #60 Corporate

Personal:

Issue #60 Personal

The fact that Canada is in the middle of a housing crisis isn’t really news to anyone. Whether it’s having difficulty finding an affordable apartment or putting together enough money for a down payment, or coping with ever increasing mortgage interest rates and mortgage payments, housing availability and affordability is a concern for Canadians across all age groups.

The fact that Canada is in the middle of a housing crisis isn’t really news to anyone. Whether it’s having difficulty finding an affordable apartment or putting together enough money for a down payment, or coping with ever increasing mortgage interest rates and mortgage payments, housing availability and affordability is a concern for Canadians across all age groups.

That reality led the federal government to propose a number of measures to address the housing needs of Canadians. One of those measures – the Multi-Generational Home Renovation Tax Credit – will take effect in 2023.

As the name implies, the Multi-Generational Home Renovation Tax Credit will provide assistance through the tax system for costs incurred to create additional living space which will allow an elderly (over 65) or disabled adult relative to live with family, while at the same time having their own self-contained living space.

Take, for example a couple in their late 50s whose children have all moved out of the family home to live on their own, and so now have a home that is too big for just the two of them. Many Canadians in that “sandwich generation” also have parents in their 80s who don’t want (or need) to move into an assisted living facility but could nonetheless benefit from having family nearby to provide them with help with some aspects of day-to-day independent living. The new tax credit program provides the opportunity for that empty nester couple to stay in their family home and renovate that home to provide living space for all family members, and to do so on a tax-assisted basis.

Similarly, parents of disabled adult children who are not capable of fully independent living often have great difficulty in finding appropriate (and affordable) residential facilities in which those adult children can live. In such cases, being able to provide a self-contained living space for those disabled adult children within their existing home, while still being able to provide the necessary degree of supervision, would provide an additional option for such families.

The phrase which usually comes to mind when describing such living arrangements is a “granny flat”, which implies a separate, smaller structure on the same property as the existing home. While that is certainly an available option under this program, it’s not the only one. The new tax credit will be available for “renovations, alterations or additions” to an existing dwelling which results in the creation of a “secondary housing unit” for the elderly or disabled relative. The only requirement is that the new housing unit to be used by the qualifying relative must be self-contained, having a private entrance, kitchen, bathroom facilities, and sleeping area. So, renovations eligible for the new credit would include a separate, smaller housing unit on the same property, an addition built on to the existing home, or simply renovations made to the existing home without changing the size of that home. As long as the requirement of being a self-contained housing unit having a separate entrance, kitchen, bathroom, and sleeping area is met, the configuration of the renovated/newly constructed space is entirely up the individuals doing that renovation or construction.

Regardless of the configuration of the changes, it's readily apparent that the cost of carrying out such renovations or construction will be substantial. Consequently, the refundable tax credit which can be claimed under the new program will be equal to 15% of eligible renovation/construction expenses incurred, to a maximum of $50,000 in such expenses. In other words, a refundable tax credit of $7,500 can be claimed where $50,000 or more in eligible expenses are incurred. Where expenses incurred are less than that amount, the refundable tax credit claimable will be 15% of actual expenses incurred. Regardless of amount, all expense claims must be supported by receipts.

The range of such expenses which will qualify for the credit is broad, and includes the cost of labour and professional services, building materials, fixtures, and equipment rentals and permits. Costs incurred for furniture or appliances for the new premises do not qualify for the credit, nor do any costs (i.e., interest costs) of financing the renovation or new construction.

The new credit will be available for the 2023 and subsequent tax years, so only work performed and paid for and/or goods acquired after the end of 2022 will be eligible for the credit. An eligible renovation/construction is considered to be completed when the work passes a final inspection, and the tax credit is then claimed for the taxation year in which the project is completed.

The information above outlines the general framework of the new tax credit program; as with all such programs, there are detailed requirements which must be fulfilled. Those details can be found in the budget announcement of the Multi-Generational Home Renovation Tax Credit, which is available on the Finance Canada website at https://budget.gc.ca/2022/report-rapport/tm-mf-en.html#a2. The federal government has also recently carried out a consultation process with respect to this credit and other 2022 budget measures, and that consultation process ended on September 30, 2022. Any changes to the program terms arising from that consultation process should be made available on the Finance Canada website prior to the program implementation date of January 1, 2023.

The Canadian tax system is a “self-assessing system” which relies heavily on the voluntary co-operation of taxpayers. Canadians are expected (in fact, in most cases, required) to complete and file a tax return each spring, reporting income from all sources, calculating the amount of tax owed, and remitting that amount to the federal government by a specified deadline. And, although the rate of compliance among Canadian taxpayers is very high – more than 30 million individual income tax returns for the 2021 tax year were filed with the Canada Revenue Agency between early February and mid-September of 2022 – there are, inevitably, those who do not either file or pay on time.

The Canadian tax system is a “self-assessing system” which relies heavily on the voluntary co-operation of taxpayers. Canadians are expected (in fact, in most cases, required) to complete and file a tax return each spring, reporting income from all sources, calculating the amount of tax owed, and remitting that amount to the federal government by a specified deadline. And, although the rate of compliance among Canadian taxpayers is very high – more than 30 million individual income tax returns for the 2021 tax year were filed with the Canada Revenue Agency between early February and mid-September of 2022 – there are, inevitably, those who do not either file or pay on time.

There are a lot of reasons why some Canadians don’t file their returns or pay their taxes on a timely basis, and almost all of them are based on a lack of understanding of how our tax system works, or on incorrect information about that system. In addition, each year there are some Canadians who file returns in which income amounts are underreported and/or deductions or credits to which that taxpayer is not entitled are claimed.

While the overall percentage of taxpayers who don’t file or pay on time, or who file returns which are not accurate, isn’t high, there are a lot of such returns when measured by absolute numbers. And, although each such instance of non-compliance represents lost revenue to the Canadian government, the resources needed to track down each and every instance of non-compliance simply aren’t available, especially since in many cases the amount recovered may be less than the costs which must be incurred to recover that amount.

With all of that in mind, several years ago the Canada Revenue Agency instituted a program – the Voluntary Disclosure Program, or VDP –  intended to encourage non-compliant taxpayers to come forward and get their tax affairs straightened out. The incentive to do so arises from the fact that, in most cases, while taxpayers who participate in the VDP program have to pay outstanding tax amounts owed, plus interest, they avoid the penalties which would normally be imposed and, in addition, avoid the risk of criminal prosecution. And, in some circumstances, even required interest payments can be reduced.

To qualify for relief under the VDP, an application made with respect to non-compliance with income tax filing and payment obligations must:

• be voluntary (meaning that it is done before the taxpayer becomes aware of any compliance or enforcement action by the CRA);
• be complete;
• involve the application or potential application of a penalty;
• include information that is at least one year past due; and
• include payment of the estimated tax owing.

The VDP program includes two separate “tracks” for income tax disclosures – the Limited Program and the General Program – and the kind and extent of relief available depends on the track to which a particular application is assigned.

While the Canada Revenue Agency will ultimately make the determination of whether an application should proceed under the Limited or the General Program on a case-by-case basis, there are guidelines in place. The CRA’s intention is to restrict the harsher Limited Program to instances in which applications disclose non-compliance which appears to include intentional (as distinct from inadvertent) conduct on the part of the taxpayer. In making its determination of the appropriate track for a disclosure, the factors which the CRA will consider include the following:

• the dollar amounts involved;
• the number of years of non-compliance;
• the sophistication of the taxpayer;
• how quickly the taxpayer acted to correct their non-compliance after becoming aware of it;
• whether there has been deliberate or wilful default or carelessness amounting to gross negligence on the part of the taxpayer; and
• whether the disclosure was made after the taxpayer became aware of the CRA’s intended specific focus on such area of taxpayer compliance.

Those whose applications are accepted under the Limited Program will not be subject to criminal prosecution and will be exempt from the more stringent penalties which usually apply in cases of gross negligence on the part of the taxpayer. Interest on outstanding tax balances will be payable, however, and other penalties will be levied.

Taxpayers whose conduct does not consign them to the Limited Program will instead be considered under the General Program. Under that Program, no penalties will be charged and no criminal prosecutions will take place. As well, the CRA will provide partial interest relief, specifically for the years preceding the three most recent years of non-compliance – that is, for the years preceding the three most recent years of returns required to be filed, or to be corrected. For example, a taxpayer who makes an application to the VDP in 2022 with respect to his or her failure to file returns for the 2016 through 2020 taxation years may be provided with interest relief with respect to taxes owed for the 2016, 2017, and 2018 taxation years. Such relief is generally equal to 50% of interest owed – in other words, the taxpayer will be required to pay only half of the interest charges which would otherwise be levied for those years. No interest relief will, however, be provided on tax amounts owed for the 2019 and 2020 taxation years. Since interest charges levied by the CRA are, by law, higher than current commercial rates (for instance, the rate levied for the fourth quarter of 2022 is 7%) and interest charged is compounded daily, having interest amounts forgiven, even in part, can make a significant difference to the overall tax bill faced by the taxpayer.

In order to benefit from the VDP, taxpayers must first make an application to the Program. That application must include payment of the estimated taxes owing, as a condition of participation in the VDP. Where a taxpayer is financially unable to make that tax payment, he or she can request that the CRA consider a payment arrangement.

The decision to apply to the VDP and to “come clean” about all previous tax transgressions is something that most taxpayers will likely consider with considerable trepidation. Those who are unsure about whether they want to move forward with a VDP application have the option of using the CRA’s “pre-disclosure discussion service”. As the name implies, that service allows taxpayers, or their representatives, to participate in preliminary discussions with a CRA official, on an anonymous basis, to gain some knowledge about the VDP program, the process involved, and the potential relief available.

Taxpayers who decide to move forward with an application to the VDP can complete a file Form RC199 Voluntary Disclosures Program Application, which is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/rc199.html. Once the application is received, the CRA will check to make certain that the applicant is eligible to apply and that all of the required information, documentation, and payment has been sent. The next step is for the CRA to evaluate the application to ensure that the criteria for participation in the VDP are satisfied and, if so, to determine the program (Limited or General) to which the application should be assigned, and the taxation year(s) for which relief is being considered. If the decision made is that the application is not eligible for the VDP, the taxpayer will also be advised in writing, with reasons, of the CRA’s decision to deny the application. Individual taxpayers can also check on the status of their application by calling the Individual Income Tax Enquiries line at 1-800-959-8281.

Finally, taxpayers should recognize that the VDP Program can’t be used as a kind of “get out of jail free card” with respect to repeated failures to meet tax filing and payment obligations. The CRA website makes it clear that the Agency expects taxpayers who have benefitted from the VDP to thereafter meet their tax obligations, and a second review will be provided for the same taxpayer only in unusual situations where the circumstances are beyond the taxpayer’s control.

Detailed information on the VDP program can be found on the CRA website at https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/voluntary-disclosures-program-overview.html.

Most Canadians know that the deadline for making contributions to one’s registered retirement savings plan (RRSP) comes 60 days after the end of the calendar year, around the end of February. There are, however, some circumstances in which an RRSP contribution must (or should) be made by December 31, in order to achieve the desired tax result.

Most Canadians know that the deadline for making contributions to one’s registered retirement savings plan (RRSP) comes 60 days after the end of the calendar year, around the end of February. There are, however, some circumstances in which an RRSP contribution must (or should) be made by December 31, in order to achieve the desired tax result. 

Similarly, most Canadians who have opened a registered retirement income fund (RRIF) are aware that they are required to make a withdrawal of a specified amount from that RRIF each year, with the percentage withdrawal amount based on the RRIF holder’s age – although few are aware of when and how that required withdrawal is calculated. 

The rules around tax-free savings accounts (TFSAs) are more flexible, but it is nonetheless the case that advantages can be obtained (and disadvantages avoided) by carefully timing TFSA withdrawals and recontributions based on the calendar year end.

In other words, while the basic rules with respect to contributions to and withdrawals from each of these savings plans are relatively straightforward, there are nonetheless benefits to be received from careful consideration of the detailed rules – and some exceptions from those rules.

What follows is an outline of steps which should be considered, before the end of the 2022 calendar year, by Canadians who have an RRSP, an RRIF, and/or a TFSA – or maybe all three.

Timing of RRSP contributions

When you are making a spousal RRSP contribution

Under Canadian tax rules, a taxpayer can make a contribution to a registered retirement savings plan (RRSP) in his or her spouse’s name and claim the deduction for the contribution on his or her own return. When the funds are withdrawn by the spouse, the amounts are taxed as the spouse’s income, at a (presumably) lower tax rate. However, the benefit of having withdrawals taxed in the hands of the spouse is available only where the withdrawal takes place no sooner than the end of the second calendar year following the year in which the contribution is made. Therefore, where a contribution to a spousal RRSP is made in December of 2022, the contributor can claim a deduction for that contribution on his or her return for 2022. The spouse can then withdraw that amount as early as January 1, 2025 and have it taxed in his or her own hands. If the contribution isn’t made until January or February of 2023, the contributor can still claim a deduction for it on the 2022 tax return, but the amount won’t be eligible to be taxed in the spouse’s hands on withdrawal until January 1, 2026. This is an especially important consideration for couples who are approaching retirement who may plan on withdrawing funds in the relatively near future. Even where that’s not the situation, making the contribution before the end of the calendar year will ensure maximum flexibility should an unforeseen need to withdraw funds arise.

When you are turning 71 during 2022

Every Canadian who has an RRSP must collapse that plan by the end of the year in which he or she turns 71 years of age – usually by converting the RRSP into an RRIF or by purchasing an annuity. An individual who turns 71 during the year is still entitled to make a final RRSP contribution for that year, assuming that he or she has sufficient contribution room. However, in such cases, the 60-day window for contributions after December 31 is not available. Any RRSP contribution to be made by a person who turns 71 during the year must be made by December 31 of that year. Once that deadline has passed, no further RRSP contributions are possible.

RRIF withdrawals for 2022

Under Canadian law, anyone who has a registered retirement income fund (RRIF) is required to make a minimum withdrawal from that RRIF each year. The amount of the withdrawal is calculated as a specified percentage of the balance in the RRIF at the beginning of the calendar year, with that percentage based on the age of the RRIF holder at that time.

During the second quarter of 2022, the Toronto Stock Exchange experienced a significant loss in value – down by 13.9%. Since required RRIF withdrawal amounts are based on the value of the RRIF at the start of the calendar year, many RRIF holders will, unfortunately, be faced with the prospect of having to make withdrawals from a portfolio whose value has declined since the beginning of 2022. While there is no way of avoiding the requirement to withdraw that minimum amount from one’s RRIF, and to pay tax on the amount withdrawn, taxpayers who do not have immediate need of such funds can consider contributing those amounts to a TFSA. Where that is done, the funds can be invested and continue to grow, and neither the original contribution nor the investment gains will be taxable when the funds are withdrawn from the TFSA.

Planning for TFSA withdrawals and contributions

Each Canadian aged 18 and over can make an annual contribution to a tax-free savings account (TFSA) – the maximum contribution for 2022 is $6,000. As well, where an amount previously contributed to a TFSA is withdrawn from the plan, that withdrawn amount can be re-contributed, but not until the year following the year of withdrawal.

Consequently, it makes sense, where a TFSA withdrawal is planned (or the need to make such a withdrawal might arise) within the next few months, to make that withdrawal before the end of the calendar year. A taxpayer who withdraws funds from his or her TFSA on or before December 31, 2022 will have the amount which is withdrawn added to his or her TFSA contribution limit for 2023, which means it can be re-contributed, where finances allow, as early as January 1, 2023. If the same taxpayer waits until January of 2023 to make the withdrawal, he or she won’t be eligible to replace the funds withdrawn until 2024.

The approach of the calendar year end doesn’t usually prompt Canadians to consider the details of making contributions to an RRSP or withdrawals from a TFSA or a RRIF. There is, however, no flexibility in the deadlines for taking such actions, and considering what steps may be needed or advisable now means one less thing to remember as the December 31 deadline nears.

Since early 2022, the finances of Canadian households have been hit with what Statistics Canada has called a “trifecta of market challenges”, which increasingly stretched and squeezed the efforts of Canadians to maintain their financial stability during the second quarter (April 1 to June 30) of this year.

Since early 2022, the finances of Canadian households have been hit with what Statistics Canada has called a “trifecta of market challenges”, which increasingly stretched and squeezed the efforts of Canadians to maintain their financial stability during the second quarter (April 1 to June 30) of this year.

The Toronto Stock Exchange, which had risen steadily over the past two years, dropped by 13.8% during the second quarter of 2022. Conversely, interest rates have increased significantly this year, as has the rate of inflation. In early March 2022, the Bank Rate (from which all other commercial interest rates are derived) stood at .50%. As of June 30, 2022, that Bank Rate had risen by 1.25%, from .50% to 1.75%. Inflation followed a similar course, with year-over-year increases in the overall Consumer Price Index hitting 6.8%, 7.7%, and 8.1% in, respectively, April, May, and June 2022. Even more problematic is that in each of those months increases in the cost of many non-discretionary spending items – particularly food – were significantly higher than the overall rate of inflation.

Given the combined effect of each of these changes, it’s clear that Canadian households are under significant financial pressure. For many Canadians, increases in the cost of living have negatively impacted how far their disposable income can stretch, while they are coping at the same time with increased costs for making at least the minimum required payments on their debts. The extent of that financial pressure and the measures which Canadian households are taking to respond to it are made clear by a recent series of reports on the current state of Canadian household finances. Two of those reports were issued by major credit rating agencies – Equifax Canada and TransUnion – while the third was a report by Statistics Canada on the state of Canadian household finances.

While the reports come from separate sources, they all tell the same story, which can be summed up by a headline in the StatsCan report – “Household borrowing reaches near record pace”. One of the measures by which StatsCan measures household debt is the ratio of such debt as a percentage of household disposable income. In the second quarter of 2022, that figure was 182% – in other words, Canadian households owed, on average, $182 for every $100 of household disposable income.

The actual debt amounts behind that percentage figure are outlined in the Equifax and TransUnion reports. Consumer debt can be divided into a number of categories, including credit cards, personal loans, lines of credit, and mortgages. The TransUnion report compared average balances in each of those categories from the second quarter of 2021 to the second quarter of 2022. In all categories, average individual balances were higher in 2022: specifically, mortgage balances had increased by 9.5% (to $333,788), credit card balances had increased by 10.9% (to $3,825), and balances owing on personal loans had increased by 20.3%. In the second quarter of 2022, the average amount owed per individual consumer in the personal loans category (which does not include automobile loans or lines of credit) was $56,723.

Significantly, increases in spending and debt levels were also apparent when comparing the first and second quarters of 2022. According to the Equifax report, credit card balances rose by 6.4% in the April to June period, as compared to the first three months of 2022.

Given all of those figures, it seems that Canadian households are relying more and more on credit – whether through increased use of credit cards or taking out personal loans – to meet increased day-to-day costs. And even though those increases (in inflation and interest rates) have only really begun to bite over the past six months or so, the impact of increased debt levels is already becoming apparent. Again according to the Equifax report, consumer insolvency rose during the second quarter to the highest levels since the start of the pandemic. Many individuals who can no longer manage their debt obligations end up by making what is called a “consumer proposal” in which creditors are asked to accept payment of less than the total debt owed, in order to allow the debtor to discharge those debt obligations. During the second quarter of 2022, the number of such consumer proposals made, when compared to same period in 2021, rose by just under 21%.

While all of these figures show the financial stress which most Canadian households are feeling, perhaps the most significant figure is one which cannot be accounted for in the second quarter reports. During the second quarter of this year, the Bank Rate increased from .50% to 1.75%. During the third quarter (which ends on September 30), that Bank Rate increased by another 1.75%, to 3.50%. In other words, the Bank Rate, on which interest rates payable by consumers are based, has doubled since the end of the second quarter. The effects of that change will undoubtedly become apparent when consumer financial reports for the third quarter of 2022 are issued later this year.

While no individual Canadian or household can do much to affect interest rates or the rate of inflation, that doesn’t mean that there is no help available for those who are struggling with current financial realities. Credit Counselling Canada, a non-profit organization, can provide individuals and families with assistance with budgeting and managing debt obligations including, where necessary, reaching arrangements with creditors to re-structure existing debt and re-payment obligations. The Agency’s website, which outlines their services and provides additional contact information for credit counsellors in each Canadian province and territory, can be found at https://creditcounsellingcanada.ca/.

The Equifax and TransUnion reports for the second quarter of 2022 can be found online at https://www.consumer.equifax.ca/about-equifax/press-releases/-/blogs/financial-stress-mounts-credit-card-demand-and-debt-rise and at https://newsroom.transunion.ca/high-interest-rate-and-inflation-challenges-create-financial-stress-for-a-segment-of-vulnerable-canadian-borrowers/, and the Statistics Canada release is available on the Agency’s website at The Daily — National balance sheet and financial flow accounts, second quarter 2022 (statcan.gc.ca).

One of the most valuable tax and investment strategies available to Canadians is home ownership. While the real estate market can (and does) go and up down, home ownership has proven to be, over the long term, a reliable way of building net worth.

One of the most valuable tax and investment strategies available to Canadians is home ownership. While the real estate market can (and does) go and up down, home ownership has proven to be, over the long term, a reliable way of building net worth.

The value of home ownership as a wealth-building tool is significantly increased by the tax rules which apply when a homeowner sells his or her home. Essentially, where an owner-occupied home is sold, the gain realized on that home which would, under ordinary tax rules, be included in income is instead received tax-free.

For example, a homeowner who purchased his or her home in 2000 for $200,000 and sells it in 2022 for $800,000 will earn a gain of $600,000. Half of that amount, or $300,000 would, under ordinary tax rules, constitute a taxable capital gain, on which the amount of combined federal-provincial tax could be close to $150,000. However, because of a tax rule known as the principal residence exemption, the entire gain realized is not included in income, and no tax is payable on that $600,000 amount.

It's not hard to see that being able to claim the principal residence exemption on the sale of a residential property is a huge benefit – so much so that the federal government has become concerned that individuals who are “flipping” residential real estate are claiming tax benefits to which they are not entitled on the income earned from such sales, including making claims for the principal residence exemption.

The federal government has chosen to address this situation with a change which was announced in the 2022 federal Budget and which will take effect for residential property sales which take place on or after January 1, 2023. The proposed new “deeming” rule will provide that, where an individual sells a residential property within 365 days of acquiring it, that property will be considered a “flipped property” and profits realized will be treated as business income and will be fully taxable, unless the sale takes place in relation to one or more enumerated “life events” or circumstances. In effect, the rule seems to place the onus on the taxpayer who sells a residential property within one year after purchase to show that his or her reasons for selling within one year of purchase either fall under one of the exempted “life event” circumstances or, if not, that the facts are such that he or she is nonetheless entitled to claim the principal residence exemption on any gain realized from the sale.

The new rule will not apply where a taxpayer sells a property within 365 days of acquiring it, and the sale of that property can reasonably be considered to have occurred due to, or in anticipation of, one or more of the following events:

• Death: the death of the taxpayer or a related person.
• Household addition: one or more persons related to the taxpayer joining the taxpayer’s household or the taxpayer joining the household of a related person’s household (e.g., birth of a child, adoption, care of an elderly parent).
• Separation: the breakdown of a marriage or common-law partnership, where the taxpayer has been living separate and apart from their spouse or common-law partner for a period of at least 90 days prior to the disposition.
• Personal safety: a threat to the personal safety of the taxpayer or a related person, such as the threat of domestic violence.
• Disability or illness: the taxpayer or a related person suffering from a serious disability or illness.
• Employment change: a change in employment for the taxpayer or their spouse or common-law partner.
• Involuntary termination: the employment of the taxpayer or their spouse or common-law partner is terminated by their employer;
• Insolvency: insolvency of the taxpayer.
• Involuntary disposition: the expropriation or the destruction of the taxpayer’s property.

The list of taxpayer circumstances in which the new rule will not apply to a sale within one year is undeniably broad; however, many of the criteria used to determine eligibility for an exemption from the new rule are, in some instances, quite subjective. A sale within 365 days of purchase which is the result of “serious disability or illness” would be exempt from the new rule, but it’s not clear what criteria would be applied to determine what constitutes a serious illness or disability, or who would make that determination.

It's clear that the federal government’s target for the new deeming rule is individuals who buy residential properties intending to sell quickly for a profit and not individuals and families who, for any number of reasons, decide to sell within a year of buying their home. However, the net for the new rule has been cast very broadly and it’s unclear how that new rule, as currently drafted, will be efficiently administered in a way which achieves the government’s objectives, without overreach. Fortunately, the federal government will, prior to enacting this new rule four months from now, in January 2023, be carrying out a consultation process in which these or any other issues may be raised. Any interested taxpayer can contribute to that consultation process, which will continue until September 30, 2022. More information on how to participate can be found on the Finance Canada website at Government delivering on Budget 2022 commitments to Canadians - Canada.ca.

Transitioning into retirement is a complex process, one which involves decisions around finances (present and future) as well as one’s way of life. While it was once typical for an individual to work full time until retiring (usually at age 65), the word “retirement” no longer has a single meaning – in fact, it’s now the case that almost every individual’s retirement plans look at little different than anyone else’s. Some will take a traditional retirement of moving from a full-time job into not working at all, while others may stay working full-time past the traditional retirement age of 65. Still others will leave full-time employment, but continue to work part-time, either out of financial need or simply from a desire to stay active and engaged in the work force.

Transitioning into retirement is a complex process, one which involves decisions around finances (present and future) as well as one’s way of life. While it was once typical for an individual to work full time until retiring (usually at age 65), the word “retirement” no longer has a single meaning – in fact, it’s now the case that almost every individual’s retirement plans look at little different than anyone else’s. Some will take a traditional retirement of moving from a full-time job into not working at all, while others may stay working full-time past the traditional retirement age of 65. Still others will leave full-time employment, but continue to work part-time, either out of financial need or simply from a desire to stay active and engaged in the work force.

The flexible nature of retirement plans is reflected in changes made over the past decade to Canada’s government-run retirement income programs, particularly the Canada Pension Plan (CPP). It’s possible to begin receiving CPP benefits as early as age 60 and as late as age 70, with the amount of benefit increasing with each month that receipt of benefits is deferred. Many Canadians now choose to begin receiving their CPP benefits while continuing to participate in the work force, part-time or full-time.

At one time, beginning to receive CPP retirement benefits meant that, even for those who chose to remain in the work force, no further CPP contributions were allowed. In 2012 that changed, with the introduction of the CPP Post-Retirement Benefit. The availability of that benefit means that those who are aged 65 to 70 and continue to work while receiving CPP retirement benefits must decide whether or not to continue making CPP contributions. Such individuals who make the choice to continue to contribute to the Canada Pension Plan will see an increase in the amount of CPP retirement benefit they receive each month for the remainder of their lives. That increase is the CPP post-retirement benefit or PRB.

The rules governing the availability of the PRB differ, depending on the age of the taxpayer. In a nutshell, an individual who has chosen to begin receiving the CPP retirement benefit but who continues to work will be subject to the following rules:

• Individuals who are 60 to 65 years of age and continue to work are required to continue making CPP contributions.
• Individuals who are 65 to 70 years of age and continue to work can choose not to make CPP contributions. To stop contributing, such an individual must fill out form https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt30.html. A copy of that form must be given to the individual’s employer and the original sent to the Canada Revenue Agency (CRA). An individual who has more than one employer must make the same choice (to continue to contribute or to cease contributions) for all employers and must provide a copy of the CPT30 form to each employer.

A decision to stop contributing can be changed, and contributions resumed, but only one such change can be made per calendar year. To make that change, the individual must complete section D of CRA form https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt30.html, give one copy of the form to their employer(s), and send the original to the CRA

• Individuals who are over the age of 70 and are still working cannot contribute to the CPP.

Overall, the effect of the rules is that CPP retirement benefit recipients who are still working and who are under aged 65, as well as those who are between 65 and 70 and choose not to opt out, will continue to make contributions to the CPP system and will continue therefore to earn new credits under that system. As a result, the amount of CPP retirement benefits which they are entitled to will increase with each successive year’s contributions.

Where an individual makes CPP contributions while working and receiving CPP retirement benefits, the amount of any CPP post-retirement benefit earned will automatically be calculated by the federal government (no application is required), and the individual will be advised of any increase in their monthly CPP retirement benefit each year. The PRB will be paid to that individual automatically the year after the contributions are made, effective January 1 of that second year. Since the federal government doesn’t have all of the information needed to make such calculations until T4s and T4 summaries are filed by the employer by the end of February, the first PRB payment is usually made in a lump sum amount in the month of April. That lump sum amount represents the PRB payable from January to April. Thereafter, the PRB is paid monthly and combined with the individual’s usual CPP retirement benefit in a single payment.

While the rules governing the PRB can seem complex (and certainly the actuarial calculations are), the individual doesn’t have to concern him or herself with those technical details. For CPP retirement benefit recipients who are under age 65 or over 70, there is no decision to be made. For the former, CPP contributions will be automatically deducted from their paycheques and for the latter, no such contributions are allowed.

Individuals in the middle group – aged 65 to 70 – will need to make a decision about whether it makes sense, in their individual circumstances, to continue making contributions to the CPP.

While every situation is different, there are some general rules of thumb which will be useful in determining whether or not to continue making contributions to the CPP. Generally speaking, continuing to contribute makes the most sense for individuals whose current CPP retirement pension is significantly less than the maximum allowable benefit (which is, for 2022, $1,253.59 per month), as making such contributions will mean an increase in the individual’s CPP retirement benefit each month for the rest of his or her life. Conversely, for individuals who are already receiving the maximum CPP retirement benefit, or even close to it, there is likely little or no benefit to be derived from continuing to contribute (especially for those who are self-employed and must therefore pay both the employer and employee contribution amounts). 

More information on the PRB generally is available on the CRA website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-post-retirement.html.

This year, for the first time since 2019, most (if not all) post-secondary students will be preparing to go to (or return to) university or college for in-person learning. While that’s an exciting prospect after two years of pandemic restrictions, starting or returning to post-secondary education is also an expensive undertaking.  There will be tuition bills, of course, but also the need to find housing and pay rent in what is, in most college or university locations, a very tight and expensive rental market. Those who choose to live in residence and are able to secure a place will also face bills for accommodation and, usually, a meal plan.

This year, for the first time since 2019, most (if not all) post-secondary students will be preparing to go to (or return to) university or college for in-person learning. While that’s an exciting prospect after two years of pandemic restrictions, starting or returning to post-secondary education is also an expensive undertaking.  There will be tuition bills, of course, but also the need to find housing and pay rent in what is, in most college or university locations, a very tight and expensive rental market. Those who choose to live in residence and are able to secure a place will also face bills for accommodation and, usually, a meal plan.

While the way in which learning is delivered may have changed and changed again over the past two and a half years, the financial realities have not. Regardless of how post-secondary learning is structured and delivered, it is expensive. Fortunately, there are also tax credits and benefits which can be claimed to offset such costs.

The tax credits and deductions which can be claimed by post-secondary students (or their spouses, parents, or grandparents) in relation to the 2022–23 academic year are summarized below.

Tuition fees

The good news is that a federal tax credit continues to be available for the single largest cost associated with post-secondary education – the cost of tuition. Any student who incurs more than $100 in tuition costs at an eligible post-secondary institution (which would include most Canadian universities and colleges) can still claim a non-refundable federal tax credit of 15% of such tuition costs. Many of the provinces and territories (excepting Alberta, Ontario, and Saskatchewan) also provide students with an equivalent provincial or territorial credit, with the rate of such credit differing by jurisdiction.

The charges imposed on post-secondary students under the heading of “tuition” include myriad costs which may differ, depending on the particular program or institution, and not all of those costs will qualify as “tuition” for purposes of the tuition tax credit. The following specific amounts do, however, constitute eligible tuition fees for purposes of that credit:

• admission fees;
• charges for use of library or laboratory facilities;
• exemption fees;
• examination fees (including re-reading charges) that are integral to a program of study;
• application fees (but only if the student subsequently enrolls in the institution);
• confirmation fees;
• charges for a certificate, diploma, or degree;
• membership or seminar fees that are specifically related to an academic program and its administration;
• mandatory computer service fees; and
• academic fees.

The following charges, however, do not constitute tuition fees for purposes of the credit:

• extracurricular student social activities;
• medical expenses;
• transportation and parking;
• board and lodging;
• goods of enduring value that are to be retained by students (such as a microscope, uniform, gown, or computer);
• initiation fees or entrance fees to professional organizations including examination fees or other fees (such as evaluation fees) that are not integral to a program of study at an eligible educational institution;
• administrative penalties incurred when a student withdraws from a program or an institution;
• the cost of books (other than books, compact disks or similar material included in the cost of a correspondence course when the student is enrolled in such a course given by an eligible educational institution in Canada); and
• courses taken for purposes of academic upgrading to allow entry into a university or college program. These courses would usually not qualify for the tuition tax credit as they are not considered to be at the post-secondary school level.

Certain ancillary fees and charges, such as health services fees and athletic fees, may also be eligible tuition fees. However, such fees and charges are limited to $250 unless the fees are required to be paid by all full-time students or by all part-time students.

At both the federal and provincial levels, the credit acts to reduce tax otherwise payable. Where, as is often the case, a student doesn’t have tax payable for the year because his or her income isn’t high enough, credits earned can be carried forward and claimed by the student in any future tax year or transferred (within limits) in the current year to be claimed by a spouse, parent or grandparent.

Rent, food, and other personal and living expenses

Unfortunately, although housing and food costs will take up a big portion of each student’s budget, there is not (and never has been) a tax deduction or credit which is claimable for such costs. In all cases, living costs incurred by a post-secondary student (whether on campus or off) are characterized as personal and living expenses, for which no tax deduction or credit is allowed.

Student debt

Most post-secondary students in Canada must incur some amount of debt in order to complete their education, and repayment of that debt is typically not required until after graduation. Once repayment starts, a tax credit can be claimed for the amount of interest being paid on such debt, in some circumstances.

Students who are still in school and arranging for loans to finance their education should be mindful of the rules which govern that student loan interest tax credit, since decisions made while still in school with respect to how post-secondary education will be financed can have tax repercussions down the road, after graduation. That’s because while interest paid on a qualifying student loan is eligible for the credit, only some types of student borrowing will qualify for that credit. Specifically, only interest paid on government-sponsored (federal or provincial) student loans will be eligible for the credit. Interest paid on loans of any kind from any financial institution will not.

It’s not uncommon (especially for students in professional programs, like law or medicine) to be offered lines of credit by a financial institution, often at advantageous or preferential interest rates. As well, financial institutions sometimes offer, once a student has graduated and begun to repay a government-sponsored student loan, to consolidate that student loan with other kinds of debt, also at advantageous interest rates. However, it should be kept in mind that interest paid on that line of credit (or any other kind of borrowing from a financial institution to finance education costs) will never be eligible for the student loan interest tax credit.

As explained in the Canada Revenue Agency publication on the subject: “[I]f you renegotiated your student loan with a bank or another financial institution, or included it in an arrangement to consolidate your loans, you cannot claim this interest amount”. In other words, where a government student loan is combined with other debt and consolidated into a borrowing of any kind from a financial institution, the interest on that government student loan is no longer eligible for the student loan interest tax credit.

Students who are contemplating borrowing from a financial institution rather than getting a government student loan (or considering a consolidation loan which incorporates that student loan amount) must remember, in evaluating the benefit of any preferential interest rate offered by a financial institution, to take into account the loss of the student loan interest tax credit on that borrowing in future years.

Other credits and deductions

While the available student-specific deductions and credits are more limited than they were in previous taxation years, there are nonetheless a number of credits and deductions which, while not specifically education-related, are frequently claimed by post-secondary students (for instance, deductions for moving costs). The Canada Revenue Agency publishes a very useful guide which summarizes most of the rules around income and deductions which may apply to post-secondary students. The current version of that guide, entitled Students and Income Tax, is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/p105.html. That guide was last revised in December of 2021 and the references in it are to the 2021 taxation year. However, it is safe to assume that the same rules will apply for 2022.

In this year’s budget, the federal government announced a number of measures to help Canadians who are trying to put together a down payment for the purchase of a first home. The most significant of those measures was the Tax-Free First Home Savings Account (FHSA) which, as the name implies, allows first time home buyers to save on a tax-assisted basis (within prescribed limits) toward such a purchase.

In this year’s budget, the federal government announced a number of measures to help Canadians who are trying to put together a down payment for the purchase of a first home. The most significant of those measures was the Tax-Free First Home Savings Account (FHSA) which, as the name implies, allows first time home buyers to save on a tax-assisted basis (within prescribed limits) toward such a purchase.

Finance Canada has now released further details of the FHSA and, while the general structure of the FHSA program remains the same as that outlined in the 2022 federal Budget, the most recent announcement includes some changes which increase the flexibility of plan terms, to the benefit of taxpayers.

 As part of its announcement, Finance Canada confirmed that, while the FHSA program may not be available until part way through 2023, eligible participants will still be entitled to make a full contribution for the 2023 tax year.

Contributing to an FHSA

Under the program terms, any resident of Canada who is at least 18 years of age and who has not lived in a home which he or she owns in any of the current or four previous years can open an FHSA and contribute to that plan annually. Planholders will be able to contribute up to $8,000 per year to their plan, regardless of their income for that year. The $8,000 per year contribution must be made by the end of the calendar year and planholders will be permitted to carry forward unused portions of their annual contribution limit, to a maximum of $8,000. For example, an individual who contributes $4,000 to an FHSA in 2023 would be allowed to contribute $12,000 in 2024 (representing $8,000 in contribution for 2024 plus $4,000 remaining from 2023). Regardless of the schedule on which contributions are made, there is a lifetime limit of $40,000 in contributions for each individual. It should be noted that the ability to carry forward contribution room to a future year is a change from the original budget announcement, which indicated that no such carryforward would be allowed.

The real benefit of the FHSA program lies in the tax treatment of contributions. Individuals who contribute any amount in a year can deduct that amount from income, in the same manner as a registered retirement savings plan (RRSP) contribution. And, as with an RRSP, an individual is not required to claim a deduction for a contribution made during the year – he or she can make that contribution to an FHSA during a particular year, but wait to deduct that amount from income in a future year. When the planholder withdraws funds from the FHSA to purchase a first home, those withdrawal amounts – representing both original contributions and investment income earned by those contributions – are not taxed.

While funds are held within the FHSA, they can be held in cash, or can be invested in a broad range of investment vehicles. Specifically, such funds can be invested in mutual funds, publicly traded securities, government and corporate bonds, and guaranteed investment certificates (GICs). Regardless of the investment vehicle chosen, interest, dividends, or any other type of investment income earned by those funds grows on a tax-free basis – that is, such investment income is not taxed as it is earned.  

Withdrawing funds from an FHSA

Given the generous tax treatment accorded contributions to an FHSA, there are inevitably some qualifications and restrictions placed on the use the plans. First, amounts withdrawn from an FHSA are received tax free only if such withdrawals are “qualifying withdrawals”, meaning that the funds are used to make a qualifying home purchase. In order for a withdrawal to be a “qualifying withdrawal”, the planholder must have a written agreement to buy or build a home (which must be located in Canada) before October 1 of the next year. In addition, the planholder must intend to occupy that home within a year after buying or building it.

Amounts withdrawn from an FHSA and used for any other purpose are not qualifying withdrawals and the funds withdrawn are fully taxable in the year the withdrawal is made.

While Canadians who open an FHSA and make contributions to it are certainly hoping to be able to purchase a home, there are any number of reasons why their plans could change. Fortunately, the rules governing FHSAs provide planholders with a great deal of flexibility when it comes to the disposition of funds saved within a FHSA, in that planholders can transfer all funds held within their FHSA to an RRSP or to a registered retirement income fund (RRIF) on a tax-free basis. Significantly, the amount which is transferred from an FHSA to an RRSP isn’t reduced or limited in any way by the individual’s RRSP contribution room. However, transfers made to an RRSP in these circumstances do not replenish FHSA contribution room – in other words, each eligible individual gets only one opportunity to save for the purchase of a first home using an FHSA. And, of course, any amounts transferred from an FHSA to an RRSP or RRIF will be taxable on withdrawal, in the same way as any other RRSP or RRIF withdrawal.

The ability to transfer funds between plans also works in the other direction. Individuals who have managed to accumulate funds within an RRSP will be allowed to transfer such funds to an FHSA (subject to the $8,000 annual and $40,000 lifetime contribution limits). While no deduction is permitted for funds transferred from an RRSP to an FHSA, that transfer does take place on a tax-free basis. Transfers made from an RRSP in these circumstances do not, however, replenish RRSP contribution room..

Closing an FHSA

Individuals who open an FHSA have 15 years from the date the plan is opened to use the funds for a qualifying home purchase. (Taxpayers must also close their FHSA by the end of the year in which they turn 71.)  While these rules do place some pressure on planholders with respect to the timing of their home purchase, there is some flexibility. Specifically, planholders who have not made a qualifying home purchase within the required 15-year time frame must then close the FHSA plan, but can still transfer funds held in the FHSA to their RRSP on a tax-free basis, and without being limited by the amount of any available RRSP contribution room.

Finally, the FHSA program is complementary to the existing Home Buyers’ Plan (HBP). Under that Plan, an individual can withdraw up to $35,000 from his or her RRSP and use those funds for the purchase of a first home. Any such funds withdrawn must then be repaid to the RRSP over the next 15 years. The Home Buyers’ Plan will continue to be available to Canadians – however, an individual will not be permitted to make both an FHSA withdrawal and an HBP withdrawal in respect of the same qualifying home purchase.

The recent announcement made by Finance Canada with respect to the FHSA program included the announcement of a consultation process with respect to the rules governing such plans. That consultation process, which is now open, will continue until September 30, 2022. Details of the consultation process, as well as a backgrounder outlining the design of the FHSA program, can be found on the Finance Canada website at https://www.canada.ca/en/department-finance/news/2022/08/government-delivering-on-budget-2022-commitments-to-canadians.html and at https://www.canada.ca/en/department-finance/news/2022/08/design-of-the-tax-free-first-home-savings-account.html.

By the beginning of August almost every Canadian has filed his or her income tax return for the previous year and has received the Notice of Assessment issued by the Canada Revenue Agency (CRA) with respect to that filing. Most taxpayers, therefore, would consider that their annual filing and payment obligations for the year are now in the past.

By the beginning of August almost every Canadian has filed his or her income tax return for the previous year and has received the Notice of Assessment issued by the Canada Revenue Agency (CRA) with respect to that filing. Most taxpayers, therefore, would consider that their annual filing and payment obligations for the year are now in the past.

It is, therefore, a little surprising to receive a communication from the CRA at this time of year and more than a little unsettling to find out that the Agency has some further questions about the tax return filing that the taxpayer thought was already completed. Notwithstanding, that’s an experience that millions of taxpayers will have over the next few weeks and months.

Between February 7and July 17 of this year, the Canada Revenue Agency received and processed just under 29.5 million individual income tax returns filed for the 2021 tax year and issued a Notice of Assessment in respect of each one of those returns. The sheer volume of returns and the processing turnaround timelines mean that the CRA does not (and cannot possibly) do a manual review of the information provided in a return prior to issuing the Notice of Assessment. Rather, all returns are scanned by the Agency’s computer system and a Notice of Assessment is then issued.

In addition, the CRA has, for many years, been encouraging taxpayers to fulfill their filing obligations online, through one of the Agency’s electronic filing services. This year, just over 27 million (or 92.1%) of individual returns for 2021 were filed by electronic means. While e-filing means that the turnaround for processing of returns is much quicker, there is, by definition, no paper involved. The Canadian tax system has always been what is termed a “self-assessing” system, in which taxpayers report income earned and claim deductions and credits to which they believe they are entitled. Prior to the advent of e-filing there were means by which the CRA could easily verify claims made by taxpayers. Where returns were paper-filed, taxpayers were usually required to include receipts or other documentation to prove their claims, whatever those claims were for. For the over 92% of returns which were filed this year by electronic means, no such paper trail exists. Consequently, the potential exists for misrepresentation of such claims (or simple reporting errors) on a large scale.

The CRA’s response to that risk is to conduct a variety of review programs, some of them before a Notice of Assessment is issued for the taxpayer’s return, and others after that Notice of Assessment has been issued and sent to the taxpayer. Regardless of the timing, in all cases the purpose of the review is to obtain from the taxpayer the information or documentation needed to support claims for deductions or credits made by the taxpayer on the return. The CRA also administers a Matching Program, in which information reported on the taxpayer’s return (both income and deductions) is compared to information provided to the CRA by third-party sources (like T4s filed by employers or T5s filed by banks or other financial institutions).

Being selected for review under either program means, for the individual taxpayer, the possibility of receiving unexpected correspondence, or a telephone call, from the CRA. Receiving such correspondence or call from the tax authorities is almost guaranteed to unsettle the recipient taxpayer, who may immediately conclude that he or she has done something very wrong and is facing a big tax bill. However, in the vast majority of cases, the contact is just a routine part of the Agency’s processing review mandate.

A taxpayer whose return is selected as part of a processing review program will be asked to provide verification or proof of deductions or credits claimed on the return – usually by way of receipts or similar documentation. Or, where figures which appear on an information slip – for instance, the amount of employment income earned – don’t match up with the amount of employment income reported by the taxpayer, he or she will be contacted to provide an explanation of the discrepancy.

Of course, most taxpayers are not concerned so much with the kind of program or programs under which they are contacted as they are with why their return was singled out for review or follow-up. Many taxpayers assume that it’s because there is something wrong on their return, or that the letter is the start of a tax audit process, but that’s not necessarily the case. Returns are selected by the CRA for post-assessment review for a number of reasons. Canada’s tax laws are complex and, over the years, there are areas in which the CRA has determined that taxpayers are more likely to make errors on their return. Consequently, a return which includes claims in those areas (like dependant tax credit claims, claims for medical expenses, moving expenses, or tuition tax credits) may have an increased chance of being reviewed. Where there are deductions or credits claimed by the taxpayer which are significantly different or greater than those claimed in previous returns, that may attract the CRA’s attention. And, if the taxpayer’s return has been reviewed in previous years and, especially, if an adjustment was made following that review, subsequent reviews may be more likely. Finally, many returns are picked for the processing review programs simply on the basis of random selection.  

Regardless of the reason for the follow-up, the process is the same. Taxpayers whose returns are selected for review will be contacted by the CRA, usually by letter, identifying the deduction or credit for which the CRA wants documentation or the income or deduction amount about which a discrepancy seems to exist. The taxpayer will be given a reasonable period of time – usually a few weeks from the date of the letter – in which to respond to the CRA’s request. That response should be in writing, attaching, if needed, the receipts or other documentation which the CRA has requested. All correspondence from the CRA under its review programs will include a reference number, which is usually found in the top right-hand corner of the CRA’s letter. That number is the means by which the CRA tracks the particular inquiry, and should be included in the response sent to the Agency. It’s important to remember, as well, that it’s the taxpayer’s responsibility to provide proof, where requested, of any claims made on a return. Where a taxpayer does not respond to a CRA request or does not provide such proof, the Agency will proceed on the basis that the requested verification or proof does not exist and will assess or reassess accordingly.

Taxpayers who have registered for the CRA’s online tax program My Account (or whose representative is similarly registered for the Agency’s Represent a Client online service) can usually submit required documentation electronically. More information on how to do so can be found on the CRA website at Submitting documents online – Pre-assessment Review, Processing Review and Request Verification Programs - Canada.ca.

Whatever the reason a particular return was selected for post-assessment review by the CRA, one thing is certain: A prompt response to the CRA’s enquiry, providing the Agency with the information or documentation requested, will, in the vast majority of cases, bring the matter to a speedy conclusion, to the satisfaction of both the Agency and the taxpayer. The CRA website also includes more detailed information on the return review process, which is available at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/review-your-tax-return-cra.html.

Canadian businesses should be aware that, while many programs which provided payroll or expense supports for businesses during the pandemic ended on May 7, 2022, there is still a program in place to help employers with payroll costs. As well, even for programs which ended on May 7, applications can still be made for relief for claim periods prior to that date.

Canadian businesses should be aware that, while many programs which provided payroll or expense supports for businesses during the pandemic ended on May 7, 2022, there is still a program in place to help employers with payroll costs. As well, even for programs which ended on May 7, applications can still be made for relief for claim periods prior to that date.

The reason that applications for relief can still be made is that the application process works on a rolling basis, in which an application for relief can be made up to six months after the end of the particular claim period for which such relief is sought. The program that is still in place, and those for which applications can still be made for claim periods prior to May 7, 2022, are outlined below.

Work-Sharing Program

A Work-Sharing agreement helps employers and employees avoid layoffs when there is a temporary decrease in the normal level of business activity that is beyond the control of the employer.

The agreement made provides income support to employees eligible for Employment Insurance benefits who work a temporarily reduced work week while their employer recovers.

The pandemic relief Work-Sharing program runs until September 24, 2022, and the initial agreement entered into between the employer, employees, and Service Canada can run for a period of 76 weeks.

More information on eligibility criteria and the application process can be found on the federal government website at https://www.canada.ca/en/employment-social-development/services/work-sharing.html.

Tourism and Hospitality Recovery Program

Qualifying organizations (whether for-profit, not-for-profit, or charitable) which operate in the tourism, hospitality, arts, entertainment, or recreation sectors and have incurred significant revenue losses (at least 40% during the particular claim period) may be eligible for wage and/or rent subsidies for periods up to May 7, 2022.

Applications for such claim periods can be made up to 180 days after the end of the claim period. Consequently, as of July 30, 2022, applications can still be made for claim periods which began on or after January 16, 2022.

Detailed information on the program, including eligibility requirements and the application process (including application deadlines for each claim period), can be found on the federal government website at  https://www.canada.ca/en/revenue-agency/services/wage-rent-subsidies/tourism-hospitality-recovery-program.html.

Hardest-Hit Businesses Recovery Program

As the name implies the Hardest-Hit Businesses Recovery Program is targeted to entities – whether for profit, not-for-profit, or charitable – which have suffered a decline in revenues of at least 50% during a particular claim period. There are, as well, no restrictions on the economic or business sector which the particular applicant must be operating.

Under the Hardest-Hit Businesses Recovery Program, qualifying entities can receive both wage and rent supports. As with other business pandemic relief programs, claim periods under the HHBRP ended as of May 7, 2022. However, it is, as of the end of July 2022, possible to apply for benefits for any claim periods which began on or after January 16, 2022.

More information on the HHBRP is available on the federal government website at Hardest-Hit Business Recovery Program (HHBRP) - Canada.ca.

Canada Recovery Hiring Program

The Canada Recovery Hiring Program (CRHP) provides Canadian employers with a subsidy to cover a portion of wages for new employees or for wage or hour increases for existing employees.

As with other pandemic relief programs, the CRHP ended on May 7, 2022 but, as of the end of July 2022, applications can still be made for any claim periods which began on or after January 16, 2022.

More information on the CRHP can be found on the federal government website at Canada Recovery Hiring Program (CRHP) - Canada.ca.

Local Lockdown Program

In the earlier stages of the pandemic, lockdowns ordered by public health authorities were generally broad-based – often province-wide. Later, however, such lockdowns became more localized in nature, reflecting the pandemic conditions then prevailing in a particular region.

To address business losses resulting from such localized lockdowns, the federal government created the Local Lockdown Program. Essentially, under that Program, businesses, charities, and not-for-profit entities which were subject to a full or partial (for instance, capacity limits) public health restriction and incurred revenue losses of a specified percentage (which differs by claim period) may be eligible for wage and rent support through the Tourism and Hospitality Recovery Program (THRP). It’s important to note, however, that although such supports are being offered through the THRP, it is not necessary that the applicant be in the tourism, hospitality, arts, entertainment, or recreation sectors to be eligible for support.

Once again, the LLP ended on May 7, 2022, but applications under that Program can still be made for any claim periods which began on or after January 16, 2022. More information on the LLP is available at https://www.canada.ca/en/revenue-agency/services/wage-rent-subsidies/local-lockdown-program.html.

The sheer number and variety of pandemic relief programs offered by the federal and provincial governments at different times over the past two and a half years can make it difficult to follow just what supports are available to whom and for which time periods. Information on the current status of the major federal pandemic relief programs for businesses, including how the various programs interact and application deadlines for each claim period, is, however, always available on the federal government website at https://www.canada.ca/en/department-finance/economic-response-plan.html#financial_support.

Since 2009, Canadians have been living (and borrowing) in an ultra-low-interest-rate environment. Between January 2009 and January 2022, the bank rate (from which commercial interest rates are determined) was (except for a brief period in 2018) never higher than 1.50% – and was almost always lower than that.  Effectively, adult Canadians who are now under the age of 35 have had no experience of managing their finances in high – or even, by historical standards, ordinary – interest rate environments.

Since 2009, Canadians have been living (and borrowing) in an ultra-low-interest-rate environment. Between January 2009 and January 2022, the bank rate (from which commercial interest rates are determined) was (except for a brief period in 2018) never higher than 1.50% – and was almost always lower than that.  Effectively, adult Canadians who are now under the age of 35 have had no experience of managing their finances in high – or even, by historical standards, ordinary – interest rate environments.

That prolonged period of low interest rates (which coincided, not surprisingly, with an explosion in the amount of debt taken on by Canadians) came to an abrupt halt in the early part of this year. The Bank of Canada increased interest rates in March, and followed that up with successively larger interest rate increases in April, June, and July. As a result of those increases, the bank rate has, in the last five months, gone from .50% to 2.75% – nearly a six-fold increase – and commercial interest rates on all credit products have increased commensurately.

Unfortunately, it isn’t likely that Canadians can anticipate any interest rate relief in the short-term. The Bank of Canada has made it clear in its public announcements that it is committed to reducing the current inflation rate of around 8% to the Bank’s 2% core inflation rate target, and that one of its major tools to effect that reduction is increases in interest rates. In its latest press release on the subject, the Bank projections were that the rate of inflation would be “returning to the 2% target by the end of 2024”.

The impact of the recent rapid increase in interest rates on average Canadians can’t really be overstated. A common measure of individual indebtedness is the ratio of debt to disposable income – in other words, the percentage represented by the amount of debt to the debtor’s annual income. In the fall of 2005, the ratio of debt to disposable income for an average Canadian family stood at 93%. In the first quarter of 2022, that ratio stood at just less than double that amount, or 183%. In other words, on average, the debt load carried by Canadians is now just under twice their annual income.

Of course, what matters most to individuals is not necessarily the size of the debt they are carrying, but the cost of servicing that debt – the amount of the monthly credit card, line of credit, or mortgage payments – all of which will, of course, increase as interest rates go up. For several years, financial advisors and government and banking officials have been sounding warnings that the debt loads which Canadians were carrying were likely sustainable only at the extremely low interest rates then in effect. Their concern was that when, inevitably, those rates returned to historically “normal” levels the burden of repaying, or even servicing, those debts would be unsustainable. And that time has come.

Given that those are the unavoidable current and future realities, it’s necessary to consider what strategies are available to Canadians who are carrying substantial amounts of debt on how to manage the upcoming months and possibly years of increased interest charges.

In considering available strategies, it’s important to draw a distinction between secured and unsecured debt. Put simply, the former is debt which is secured by the value of an underlying asset and, if the debtor fails to make payments on the debt, the lender is entitled to seize that underlying asset and sell it to satisfy any outstanding debt amount owed. The types of secured debt most familiar to Canadians are, of course, a mortgage or a car loan. Unsecured debt, on the other hand, is provided solely on the strength of the borrower’s promise to repay, and credit cards are the most common example of unsecured debt owed by Canadians.

While any type of debt can cause problems for borrowers, when interest rates go up it’s usually those who are carrying unsecured debt who are the first to feel the pinch. Not only is the rate of interest payable on unsecured debt higher than that imposed on secured debt, the interest rate on unsecured debt is usually a “variable” rate, meaning that it will go up with every increase in the bank rate. And, of course, debtors whose debt is secured by an underlying asset and who find that carrying that debt is no longer manageable always have the option of selling that asset and using the proceeds to retire the outstanding balance of the loan – an option that isn’t available when it comes to unsecured debt.

For those who are carrying outstanding debt, the obvious advice is to get the debt paid down as quickly as possible. That is, however, easier said than done, especially when the interest component of the debt is increasing.

Even where repayment of the debt over the short-term isn’t a realistic expectation, such individuals do, however, have some options, as outlined below.

Liquidating assets

Because interest rates have been so low in recent years, it’s become relatively common to carry debt even when the debtor has sufficient assets to pay off that debt. In many cases, individuals have borrowed money for the purpose of investing it, on the assumption that the interest payable would be less than the investment gains earned. That may no longer be a valid assumption. Where someone who is carrying unsecured debt has an asset or assets that can be sold, it makes sense to first consider whether it makes sense to use the proceeds from the sale of such assets to clear the debt.

Paying off debt from savings

While tapping into retirement savings should be a last resort, individuals carrying unsecured debt could consider using funds held in a TFSA or just in a savings account to pay off or pay down the debt, and thereby reduce or eliminate carrying charges on that debt.

Reducing the interest rate payable

Where there are not sufficient assets available to eliminate unsecured debt, the next step would be to consider trying to lower the rate of interest being charged on that debt. Much unsecured debt owed by Canadians is in the form of credit card debt, which carries some of the highest interest rates around. Often debt carried on credit cards can be consolidated into a single bank loan or line of credit at a lower rate of interest.

Fixing the interest rate payable

If a lower interest rate can’t be obtained, then debtors would be well advised to at least try and prevent future rate increases by fixing the interest rate currently in place. While no one can claim to be able to predict future interest rates with certainty, the Bank of Canada has clearly signaled that interest rates are likely to continue rising. If the debt is in good standing – that is, payments have been made on time and in at least the minimum amount required – it may be possible to transfer the amount owed, either to another credit card with a fixed rate of interest, or to a personal loan with both a fixed rate of interest and a fixed repayment schedule.

Looking for an interest rate holiday

It’s not uncommon for credit card companies, in order to get new customers, to offer an “interest holiday”. Essentially, the offer is that if a debtor transfers an outstanding balance from another card to a new card issued by the soliciting company (or even to a card already held by the debtor), that debt will be interest-free or at a very low rate of interest for a fixed period – usually about six months.

There is a cost associated with such offers – usually around 1% to 3% of the amount transferred. And, of course, such a course of action offers no more than a temporary reprieve from high interest rate charges; but it can be enough to provide the debtor with a little breathing room while more long term or permanent solutions are sought.

Those who are already in financial difficulty in relation to their outstanding debts – unable to make the minimum monthly required payment, or missing payments – require a different approach. Such individuals can obtain debt/credit counselling through any number of non-profit agencies, who can work with them, and with their creditor(s), to create a manageable repayment schedule. More information on the credit counselling process, and a listing of such non-profit agencies, can be found at http://creditcounsellingcanada.ca/.

By the time August 2022 arrives, virtually all individual Canadians have filed their income tax return for the 2021 tax year, have received a Notice of Assessment from the tax authorities with respect to that return, and have either received their refund or reluctantly paid any balance of tax owing.

By the time August 2022 arrives, virtually all individual Canadians have filed their income tax return for the 2021 tax year, have received a Notice of Assessment from the tax authorities with respect to that return, and have either received their refund or reluctantly paid any balance of tax owing.

It’s a surprise, therefore, when unexpected mail arrives from the Canada Revenue Agency (CRA) around the middle of August, and both the enclosed form and the information on that form will likely be both unfamiliar and unwelcome. That enclosed form will be an Instalment Reminder which will advise the recipient that, in the CRA’s view, he or she should make instalment payments of income tax on September 15 and December 15 of 2021 – and will helpfully identify the amounts which should be paid on each date.

No one particularly likes receiving unexpected mail from the tax authorities, and correspondence which suggests that the recipient should be making payments of tax to the CRA during the year (instead of when he or she files the return for the year next April) is likely to be both perplexing and somewhat alarming. It’s fair to say that most Canadians aren’t familiar with the payment of income tax by instalments, and are therefore at a loss to know how to proceed the first time they receive an Instalment Reminder.

The reason that the instalment payment system is unfamiliar to most Canadians is that most of us pay income taxes during our working lives through a different system. Every Canadian employee has tax automatically deducted from his or her paycheque (“at source”), before that paycheque is issued, and that tax is remitted by the employer to the CRA on the employee’s behalf. Such deductions and remittances accrue to the employee’s behalf, and they are credited with those remittances when filing the annual tax return for that year. It’s an efficient system, but it’s also one which is largely invisible to the employee, and certainly one which operates without the need for the employee to take any steps on his or her own. When someone’s working life ends and retirement begins, it’s consequently not particularly surprising that the individual wouldn’t know that it is now his or her responsibility to make specific arrangements for the payment of income tax. 

Adding to the potential confusion, most employees who are now moving into retirement have had only a single source of income throughout their working lives. Once in retirement, however, there are likely multiple such sources of income, including Canada Pension Plan benefits and Old Age Security payments, and perhaps monthly amounts received from an employer-sponsored registered pension plan (RPP) or a registered retirement income fund (RRIF). Unless the individual so directs, none of the payors of those kinds of income will deduct income tax from the payments and remit them to the federal government on the individual’s behalf. 

Canadian tax rules provide that, where the amount of tax owed when a return is filed by the taxpayer is more than $3,000 ($1,800 for Québec residents) in the current (2022) year and either of the two previous (2020 and 2021) years, that taxpayer may be subject to the requirement to pay income tax by instalments.

The reason that first instalment reminders are issued in August has to do with the schedule on which Canadians file their tax returns. The amount of tax payable on filing for the immediately preceding year can’t be known until the tax return for that year has been filed and assessed, and the tax return filing deadline for individuals is April 30 (or June 15 for self-employed taxpayers and their spouses). Consequently, by the end of July, the CRA will have the information needed to determine whether a particular taxpayer should receive a first instalment reminder for the current year

Taxpayers who receive that first Instalment Reminder in August may also be puzzled by the fact that it is a “Reminder” and not a “Requirement” to pay. The reason for that is that those who receive it are not actually required by law to make instalment payments of tax. There are, in fact, three options open to the taxpayer who receives an Instalment Reminder.

First, the taxpayer can pay the amounts specified on the Reminder, by the respective due dates of September 15 and December 15. A taxpayer who does so can be certain that he or she will not have to pay any interest or penalty charges even if he or she does have to pay an additional amount on filing the return for 2022 next spring. If the instalments paid turn out to be more than the taxpayer’s tax liability for 2022, he or she will of course receive a refund on filing.

Second, the taxpayer can make instalment payments based on the total amount of tax which was owed and paid for the 2021 tax year (including any balance that was owed on filing). Where a taxpayer’s income has not changed between 2021 and 2022 and his or her available deductions and credits remain the same, the likelihood is that total tax liability for 2022 will be the same or slightly less than it was in 2021, owing to the indexation of tax brackets and tax credit amounts.

Third, the taxpayer can estimate the amount of tax which he or she will actually owe for 2022 and can pay instalments based on that estimate. Where a taxpayer’s income has dropped from 2021 to 2022 and there will consequently be a reduction in tax payable, this option may be worth considering. Taxpayers who wish to pursue this approach can obtain the information needed to estimate current year taxes (federal and provincial tax brackets and rates) on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/frequently-asked-questions-individuals/canadian-income-tax-rates-individuals-current-previous-years.html#federal.

All of this may seem like a lot of research and calculation effort, especially when one considers that many Canadians don’t even prepare their own tax returns. And those who don’t want to be bothered with the intricacies of tax calculations can pay the amounts set out in the Instalment Reminder, secure in the knowledge that they will not incur any penalty or interest charges and that, should those amounts ultimately represent an overpayment of taxes, that overpayment will be recovered and refunded when the tax return for 2022 is filed next spring.

Once they have resigned themselves to the realities of the tax instalment system, the next question that most taxpayers have is how such payments can be made. The options open to taxpayers in that regard are helpfully outlined on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/making-payments-individuals/paying-your-income-tax-instalments/you-pay-your-instalments.html.

As pandemic restrictions ease, the option of sending kids to summer camp is once again a realistic one and, for both kids and parents, the possibility of doing so must be particularly welcome this year.

As pandemic restrictions ease, the option of sending kids to summer camp is once again a realistic one and, for both kids and parents, the possibility of doing so must be particularly welcome this year.

When it comes to those summer camps, there are an almost limitless number of options for parents, but what each of those choices has in common is a price tag – sometimes a steep one. Some options, like day camps provided by the local recreation authority or municipality, can be relatively inexpensive, while the cost of others, like elite level sports or arts camps, can run to the thousands of dollars.

The good news for families which incur such expenditures is that in many cases a deduction for part or all of the costs incurred can be claimed on the tax return for the year. And, since eligible expenditures can be deducted from income on a dollar-for-dollar basis, that means that income used to pay eligible child care expenses is income which is effectively not subject to income tax. That benefit is provided by our tax system through the general deduction provided for child care costs. The general rule for that deduction, which is not specific to summer child care or summer camp costs but is available year round, is that parents who must incur child care costs in order to work (whether in employment or self-employment) or, in some cases, to attend school, can deduct those costs from income, within specified limits.

The amount of any available child care deduction is calculated on Form T778, and that calculation can seem forbiddingly complex. However, at the end of the day, the amount of child care expenses which can be deducted is simply the least of three figures, and only one of those figures requires a calculation. The steps involved in determining the amount of the available child care expense deduction are as follows.

First, the amount of any deduction for child care expenses is limited to two-thirds of the taxpayer’s net income for the year. The income figure used to calculate the two-thirds figure is, generally, the amount shown on Line 23600 of the annual tax return. Where the family incurring child care expenses is a two-income family, it is the spouse with the lower net income who must make the claim and consequently his or her net income is used to determine the two-thirds of income figure.

The second figure to be determined is the amount actually paid for eligible child care costs during the year. While virtually any licensed child care arrangement will qualify, more informal arrangements may not. Specifically, no deduction is available for amounts paid to most family members to provide child care. So, it’s not possible for a working spouse to pay the stay-at-home parent to provide child care, nor is it possible to pay an older sibling who is under the age of 18 to provide such services, and to claim a deduction for those expenses incurred. As well, where a claim is made for a deduction for child care expenses on the annual return, the claimant must obtain (and be prepared to provide to the tax authorities) the social insurance number of the individual providing the care as well as a receipt showing the amounts paid, whether to an individual or an organization.

The third figure to be determined is the one which requires some calculation. Basically, the rules governing the deduction of child care expenses impose a maximum deduction per child per year (referred to as the “basic limit”), with that basic limit dependent on the age of the particular child. As well, where expenses are incurred for overnight camps or boarding schools, the amount deductible for such costs is similarly capped.

For 2022, the following overall limits apply:

• $5,000 in costs per year for a child who was born from 2006 to 2015;
• $8,000 in costs per year for a child who was born after 2015;
• $11,000 in costs per year for a child who was born in 2022 or earlier, but for whom the disability amount can be claimed.

Similar restrictions are placed on the amount of costs which can be deducted for overnight camp or boarding school fees, and those are as follows:

• $125 per week for a child who was born from 2006 to 2015;
• $200 per week for a child who was born after 2015; and
• $275 per week for a child who was born in 2022 or earlier, but for whom the disability amount can be claimed.

Taking all of these figures into account, the computation of a deduction for summer day camp expenses for a typical Canadian family would look like this.

A two-income family has two children and both parents are employed. One spouse earns $65,000 per year, while the other earns $55,000. In 2022, one child is age 9 and the other is age 5. Neither child is disabled. During July and August, both of the children attend a local full-day summer camp, for which the cost is $300 per week per child.

• The first step is to determine the two-thirds of income figure. Since it is the lower-income spouse who must make the deduction claim, that figure is two-thirds of $55,000, or $36,630. Consequently, any deduction for child care expenses for the year cannot exceed $36,630.
• The second calculation is the total amount of child care expenses paid for each child: $300 per week for eight weeks of summer camp, or $2,400. Total child care expenses for the year for each child is therefore $2,400.
• The last step is to determine the basic limit for child care expenses for each child, as follows:
  • the limit for the 5-year-old (who was born after 2015) is $8,000, and so the entire $2,400 in summer day camp costs incurred can be deducted.
  • the basic limit for the 9-year-old (who was born between 2006 and 2015) is $5,000, and so once again the entire $2,400 incurred for summer day camp costs can be deducted.

As well, since the camp is a day camp, the dollar amount cost limitations which apply with respect to overnight camps do not apply to limit the amount of expenses claimed by the family.

The total deduction available for child care expenses incurred for the 2022 tax year will therefore be $4,800. That deduction is claimed on Line 21400 of the tax return filed by the lower-income spouse for the year, reducing his or her taxable income from $55,000 to $50,200, and resulting in a federal tax savings of about $1,000. A similar tax deduction is claimed as well for provincial tax purposes, and the amount of provincial tax saved will depend on the tax rates imposed by the province in which the family lives.

While the availability of a “subsidy” through the tax system should never be the sole determinant of what activity or camp is the best choice, there’s no denying that being able to claim a deduction for the costs involved can tip the balance toward one choice or another, or bring a formerly unavailable option within a family’s financial reach.

Parents wishing to find out more about the child care expense deduction, and perhaps to calculate the maximum deduction which will be available to them for the 2022 tax year, should consult Form T778 E (21). The form which is currently on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t778.html is from the 2021 tax year, and consequently the age limits must be adjusted by one year for child care expense claims for 2022. The form does, however, provide a detailed explanation of the rules governing the child care expense deduction, and those rules continue to apply for the 2022 tax year.

At a time when Canadian households are coping simultaneously with rising interest rates and an inflation rate which recently hit its highest point in nearly four decades, every dollar of income counts. And where that income can be obtained with minimal effort, and received tax-free, then it’s a win-win for the recipient.

At a time when Canadian households are coping simultaneously with rising interest rates and an inflation rate which recently hit its highest point in nearly four decades, every dollar of income counts. And where that income can be obtained with minimal effort, and received tax-free, then it’s a win-win for the recipient.

Those qualities describe the basic child and family benefits paid by the federal government to eligible Canadians every month of the year. However, a substantial number of eligible recipients don’t receive benefits to which they are entitled simply because they haven’t claimed them, leaving potentially hundreds or thousands of dollars in tax-free income “on the table” each year. As well, many Canadians who do receive such benefits but who then fail to claim them annually can see their benefit payments stop, even though they remain eligible to receive those benefits.

While there are a number of such benefits, the process of “claiming” each of them is the same – simply filing a tax return each year. Eligibility for some (but not all) of the obtainable benefits and/or the amount of benefit obtainable is based, in part, on the income of the recipient. When each Canadian files a tax return, the Canada Revenue Agency determines, based on the information provided in the return, which benefits the taxpayer is entitled to, and in what amounts. Where the amount of a taxpayer’s income is relevant to the determination of eligibility, the income figure used is that from the previous year. In other words, a taxpayer’s eligibility for benefits in 2022 is based on his or her income for 2021. And that information was provided to the Canada Revenue Agency on the tax returns for 2021 which were filed by taxpayers in the spring of 2022.

Once the CRA receives the needed income information (usually by April 30, 2022) and the Agency determines a taxpayer’s benefit eligibility, those benefits are paid to eligible recipients throughout the 2022–23 benefit year, which starts on July 1, 2022 and ends on June 30, 2023.

It should be noted, as well, that while the federal government refers to these benefits under the umbrella term “child and family benefits”, it’s wrong to conclude that benefits are only available to parents and/or married individuals. Of the four benefit programs outlined below which will be in place during the upcoming benefit year, only the Canada Child Benefit program requires that a taxpayer be a parent, and none of the benefit programs require that a taxpayer be married or in a common-law relationship.

GST/HST Credit

The GST/HST credit is a non-taxable amount paid four times a year (on the 5^th of July, October, January, and April) to low and middle-income individuals and families, to help offset the goods and services tax/harmonized sales tax (GST/HST) that they pay. Generally, the credit is available to Canadian residents who meet one of the following criteria:

• aged 19 yearsof age or older;
• have or had a spouse or common-law partner; or
• are or were a parent and live (or lived) with their child.

The amount of benefit which may be received is determined by both family size and income level. For the upcoming (July 2022 to June 2023) benefit year, the maximum annual GST/HST benefit is as follows:

• $467 if you are single;
• $612 if you are married or have a common-law partner; and
• $161 for each child under the age of 19.

The CRA website includes a chart showing the amount of GST/HST benefit which is provided at different income levels, to individuals and to families of different sizes and compositions. That chart can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/child-family-benefits/goods-services-tax-harmonized-sales-tax-gst-hst-credit/goods-services-tax-harmonised-sales-tax-credit-payments-chart.html.

Eligibility for the GST/HST credit for the 2022–23 benefit year is determined automatically by the CRA for each taxpayer who filed a return for 2021. There is, therefore, no need to indicate on the return that the taxpayer is applying for the GST/HST credit.

Climate Action Incentive Payment

Unlike the other three credits which are based, at least in part, on household income, the Climate Action Incentive Payment (CAIP) is a flat rate, non-taxable credit paid to residents of the provinces of Ontario, Manitoba, Alberta, and Saskatchewan. The purpose of the CAIP is to help offset the financial impact of the federal carbon tax.

In addition to living in one of the Alberta, Ontario, Manitoba, or Saskatchewan, recipients must also satisfy the same eligibility criteria as for the GST/HST credit, in that they must be Canadian residents who are at least 19 years of age, or have or had a spouse or common-law partner, or are or were a parent and lives or lived with their child.

Prior to this year, the CAIP was claimed on the individual income tax return and paid as part of the tax refund process. Beginning in 2022, however, the CAIP is paid in quarterly instalments on the 15^th of April, July, October, and January. For the 2022–23 benefit year, the amount of CAIP receivable in each of the four provinces is as follows.

The Ontario program provides an annual credit of:

• $373 for an individual,
• $186 for a spouse or common-law partner,
• $93 per child under 19,
• $186 for the first child in a single-parent family.

The Manitoba program provides an annual credit of:

• $416 for an individual,
• $208 for a spouse or common-law partner,
• $104 per child under 19,
• $208 for the first child in a single-parent family.

The Saskatchewan program provides an annual credit of:

• $550 for an individual,
• $275 for a spouse or common-law partner,
• $138 per child under 19,
• $275 for the first child in a single-parent family.

The Alberta program provides an annual credit of:

• $539 for an individual,
• $270 for a spouse or common-law partner,
• $135 per child under 19,
• $270 for the first child in a single-parent family.

The CAIP (for all provinces) includes a rural supplement of 10% of the base amount for residents of small and rural communities. While there is no need to apply for the CAIP when filing a tax return, individuals who may be eligible for the rural supplement need to ensure that they complete and file a Schedule 14 when they file their return for 2021.

In 2022, because of the changeover to a quarterly benefit payment, the payment schedule for the CAIP is slightly altered. In July, eligible recipients will receive a “double up” payment equal to twice the usual quarterly benefit. The subsequent benefit payments (in October and January) will be single payments, each equal to one-quarter of the total annual CAIP. More information on the CAIP can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/child-family-benefits/cai-payment.html.

Canada Workers Benefit

The Canada Workers Benefit (CWB) is a refundable tax credit paid to lower income Canadian residents who are aged 19 or older or are married or have a common-law spouse or child with whom they live, and who have “working income” earned from employment or self-employment.

The amount of CWB which an individual or family can receive depends on marital status and net income. The basic amounts payable, and the net income levels at which eligibility is eroded, are as follows.

• $1,395 for single individuals
  The single individual benefit is reduced if adjusted net income is more than $22,944. No basic amount is payable if the applicant’s adjusted net income is more than $32,244.
• $2,403 for families 
  The family benefit amount is reduced if adjusted family net income is more than $26,177. No basic amount is payable where adjusted family net income is more than $42,197.

In order to apply for the CWB, a recipient must file a Schedule 6 with his or her tax return for the year. More detailed information on the CWB can be found at https://www.canada.ca/en/revenue-agency/services/child-family-benefits/canada-workers-benefit.html.

Canada Child Benefit

The Canada child benefit (CCB) is a tax-free monthly payment made to eligible families to help with the cost of raising children under 18 years of age. The CCB is paid to the parent who is primarily responsible for the care and upbringing of the child or children, and the amount varies with the age and number or children.

The CCB is also a means-tested benefit, and the benefit amount which may be received is reduced as family net income increases. CCB amounts paid during the 2022–23 benefit year are based on family net income for 2021.

The maximum amounts payable for the benefit year running from July 2022 to June 2023 are as follows.

For each child:

• under 6 years of age: $6,997 per year ($583.08 per month)
• 6 to 17 years of age: $5,903 per year ($491.91 per month)

Where family net income for 2021 is less than $32,797, recipients will receive the maximum amount outlined above for 2022–23, with no reductions.

Individuals and families who may be eligible for the CCB will have their eligibility automatically assessed when filing a return for 2021: there is no requirement to file a particular schedule or other application. More information on the CTB is available on the federal government website at https://www.canada.ca/en/revenue-agency/services/child-family-benefits/canada-child-benefit-overview.html.

While the number and variety of federal child and family benefits, and the varying eligibility criteria for each, can be confusing, the necessary determinations and calculations are done by the federal government. The only step which need be taken by an individual is the filing of an annual tax return. Taxpayers who wish to find information on the benefits for which they may be eligible can refer to the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/child-family-benefits.html, where detailed information on each such benefit, the eligibility criteria and amounts which may received are summarized.

When a public health emergency was declared in March of 2020, the focus for the federal government was getting pandemic benefits into the hands of eligible recipients as quickly as possible, to help mitigate the sudden financial crisis faced by so many Canadians. To that end, three decisions were made with respect to program administration. First, eligibility for benefits would be determined by “self-attestation” – in other words, applicants would certify, based on the information provided to them online, that they met the eligibility criteria for a particular benefit. Such self-attestations were accepted at face value, without documentation or other verification methods. Second, application for the same benefit – the Canada Emergency Response Benefit, or CERB – could be made to either the Canada Revenue Agency or Employment Insurance/Service Canada, depending on the circumstances of the applicant. Finally, in at least in the initial round of CERB payments (which were received by over 8 million Canadians), no income tax was withheld from payments issued, although the CERB itself was taxable income.

When a public health emergency was declared in March of 2020, the focus for the federal government was getting pandemic benefits into the hands of eligible recipients as quickly as possible, to help mitigate the sudden financial crisis faced by so many Canadians. To that end, three decisions were made with respect to program administration. First, eligibility for benefits would be determined by “self-attestation” – in other words, applicants would certify, based on the information provided to them online, that they met the eligibility criteria for a particular benefit. Such self-attestations were accepted at face value, without documentation or other verification methods. Second, application for the same benefit – the Canada Emergency Response Benefit, or CERB – could be made to either the Canada Revenue Agency or Employment Insurance/Service Canada, depending on the circumstances of the applicant. Finally, in at least in the initial round of CERB payments (which were received by over 8 million Canadians), no income tax was withheld from payments issued, although the CERB itself was taxable income.

Those decisions, while meeting the needs of the immediate situation, also created an environment in which many individuals received benefits to which they were not entitled at all, or which were greater than the amounts for which they were eligible, or were for time periods during which they were not eligible. As well, the interaction between pandemic benefits and existing government income replacement programs like Employment Insurance created some confusion over which benefits should be applied for, or could be received, in which circumstances. Finally, the self-attestation method opened the door to outright fraud by those claiming and receiving benefits to which they knew they were not entitled.

Whatever the cause, reason, or motivation, those who received pandemic benefits to which they were not entitled are now hearing from the federal government. Benefit recipients who may have received benefits for which they might not have been eligible have received letters reminding them of the eligibility criteria for the particular benefit(s) received. Such individuals might also have received a letter requesting documentation for their benefits application. Finally, the federal government has sent “denial letters” informing the recipients that a determination has been made that they did receive benefits to which they were not entitled.

With that process done, both Employment and Social Development Canada (ESDC) and the CRA are now issuing notices to recipients of pandemic individual benefits. Such letters inform the recipient of the determination which has been made that they received benefits to which they were not entitled, and outline both the amount to be repaid and available options for such repayment.

Given the circumstances under which such debts likely arose, the federal government is stressing that it is more than willing to work with individuals to enable them to discharge the debt that they now owe, and that options available to such individuals include flexible or deferred payment arrangements. In addition, the CRA has indicated that, where benefit recipients are unable to repay amounts owed in full, the Agency will not be levying penalties or interest charges with respect to unpaid amounts.

While the willingness of the federal government to be flexible with respect to repayment of amounts owed is certainly welcome, the options open to the government when it comes to collection of pandemic benefits owed are wide-ranging, and those options are outlined on its website at https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/when-you-money-collections-cra/collection-individual-covid-19-benefits-issued-by-canada-revenue-agency.html and https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/when-you-money-collections-cra/collection-canada-emergency-response-benefit-issued-by-service-canada.html. In worst-case scenarios, the collection options can include seizure of other amounts to which the debtor is entitled (like a tax refund or GST/HST credit) or, in the very worst case scenario, seizure of the debtor’s wages or assets.

A recent announcement by the federal government indicates that partial relief from repayment will be available for some CERB recipients. During the time that the CERB program was operating, there was a parallel benefit program for post-secondary students who were unable to find summer employment due to the pandemic. That program – the Canada Emergency Student Benefit (CESB) – provided recipients with $1,250 per month. The federal government recently announced that post-secondary students who would have qualified for the CESB but instead incorrectly applied for and received CERB will not have to repay the entire amount of CERB benefits received. Rather, such students who meet the eligibility criteria imposed by the federal government would be required to repay only the difference between CERB benefits received and the amount of CESB to which the student would have been entitled. The Canada Revenue agency has set up a website outlining the terms of the repayment relief program and a link to the application form.

Whatever one’s circumstances, it’s in the best interests of anyone in the position of having to repay pandemic benefits not to ignore a letter from the federal government. The telephone number to call to begin the process of reaching a repayment arrangement is 1-833-253-7615, and the best course of action is to make that call as soon as possible, and certainly before the federal government finds it necessary to commence more stringent collection actions.

If Canadians have the feeling that they are being squeezed from all sides when it comes to household finances, it’s because they are. In 2022 Canadian consumers have been hit by a double whammy of three successive interest rate hikes since March (with more increases almost certainly on the horizon) while dealing at the same time with increases in the cost of everyday goods to an extent that has not been seen, in some cases, for as much as forty years.

If Canadians have the feeling that they are being squeezed from all sides when it comes to household finances, it’s because they are. In 2022 Canadian consumers have been hit by a double whammy of three successive interest rate hikes since March (with more increases almost certainly on the horizon) while dealing at the same time with increases in the cost of everyday goods to an extent that has not been seen, in some cases, for as much as forty years.

Adding to the misery, price increases caused by inflation are disproportionately affecting goods which are simply not discretionary expenditures. In May 2022, while the overall rate of inflation was 7.7%, the cost of groceries rose by 9.7%, with increases recorded across nearly all food categories.  

No one feels the impact of rising prices as much as those who are living on a fixed income. And, while such individuals and families can be found in all age groups, retirees make up the largest Canadian demographic who live on such fixed incomes.

Those retirees also, unfortunately, have had to content with a third financial factor in 2022. For the majority of retirees who do not receive a pension from a former employer, savings accumulated in a registered retirement savings plan or a registered retirement income fund provide, along with government programs like the Canada Pension Plan and Old Age Security, the bulk of retirement income. For the past several years, interest rates have been so low that, in order to generate sufficient returns to provide that retirement income, retirees have had to move away from the safety of traditional investments like guaranteed investment certificates and into more risky investments, usually in mutual funds. And, as of the end of June 2022, the market value of such funds on the Toronto Stock Exchange is down significantly from the start of the year. Consequently, retirees who might otherwise consider selling investments in order to generate needed cash flow may well hesitate to do so when such investments have dropped significantly in value.

It must seem to Canadian retirees that there are no good options when it comes to generating the cash flow needed to meet this perfect storm of bad financial circumstances. Fortunately, however, the 68% of Canadians over the age of 65 who own their own homes (based on Statistics Canada’s figures for 2016), do have options. While real estate prices in many areas have softened somewhat over the past couple of months, Canadians who are now of retirement age and own their homes most likely purchased those homes many years or even decades ago and have, consequently, built up significant equity. And that equity can now provide a source of retirement income.

For such retirees who want to remain in their homes there are essentially two options. The first is a home equity line of credit, the second a reverse mortgage.

The home equity line of credit (or HELOC), as the name implies, is a line of credit which permits the homeowner to borrow up to a pre-set limit, based on the current market value of their home. Such borrowings can be in any amount (up to, of course, the limit on the HELOC) and can be made at any time and for any purpose. Typically, the interest rate charged on a HELOC is a variable rate – usually one half or one percent more than the prime rate used by the lender. There is, however, a significant feature of the HELOC of which potential borrowers must be aware. While there is generally no obligation to repay amounts borrowed from a HELOC until either the death of the homeowner or until the house is sold, borrowers are required to pay interest each month on the total amount borrowed.

Take, for example, a couple who own a house currently valued at $750,000. Assume that the couple obtain a HELOC based on that home value and borrow $1,000 each month ($12,000 annually), from the HELOC to help meet current cash flow shortfalls. At an interest rate of 4.70%, they will be obliged to make an interest payment of approximately $50 per month on that $12,000 borrowing. As the amount of HELOC indebtedness increases over time, or the interest rate charged goes up, the amount of those required monthly interest payment obligations will, of course, also increase.

The other option open to homeowners to provide cash flow is a reverse mortgage. Like the HELOC, a reverse mortgage allows homeowners to borrow based on the market value of the property. A reverse mortgage is also similar to a HELOC, in that borrowers can borrow a lump sum amount, or can opt to structure the reverse mortgage as a series of payments which will provide a regular income stream, or some combination of the two. And, as with a HELOC, no repayment of the funds advanced under a reverse mortgage is required until the death of the homeowner, or until he or she leaves or sells the home.

The basic advantage of a reverse mortgage over a HELOC is that no payments of interest are required under a reverse mortgage. However, homeowners need to consider the impact that advantage can have over time. Once the reverse mortgage is taken out, interest will, of course, be levied on all amounts provided, and will accumulate from the time the funds are first advanced. Total interest costs can add up very quickly and reach significant amounts by the time the debt is eventually to be repaid, usually out of the proceeds from the sale of the house. And, of course, every dollar of funds advanced and interest levied eats away at the amount of equity which the homeowner has built up, on a dollar-for-dollar basis. By contrast, with a HELOC, where accrued interest charges must be paid monthly, the amount of debt (and consequent reduction in equity) will never be greater than the principal amount borrowed. Finally, under the terms of many reverse mortgages, a prepayment penalty is levied where the homeowner moves or sells the house within a few years of obtaining the reverse mortgage – the exact time frame will depend on terms provided by the particular lender. With a HELOC, however, repayment of the outstanding balance can be made in part or in full at any time, without penalty.

As is almost always the case with financial issues, there is no one right answer or even a one-size-fits-all answer, as the “correct” answer is always based on the particular financial and life circumstances of the individuals involved. Some help with making a decision on whether a HELOC or a reverse mortgage makes sense in one’s circumstances can be found on the website of the Financial Consumer Agency of Canada at https://www.canada.ca/en/financial-consumer-agency/services/mortgages/borrow-home-equity.html, where the benefits and downsides of each option are outlined in detail.

Many, if not most, taxpayers think of tax planning as a year-end exercise to be carried out in the last few weeks of the year, with a view to taking the steps needed to minimize the tax bill for the current year. And it’s true that almost all strategies needed to both minimize the tax hit for the year and to ensure that there won’t be big tax bill come next April must be taken by December 31(the making of registered retirement savings plan (RRSP) contributions being the notable exception). Notwithstanding, there’s a lot to recommend carrying out a mid-year review of one’s tax situation for the current year. Doing that review mid-year, instead of waiting until December, gives the taxpayer the chance to make sure that everything is on track, and especially to put into place any adjustments needed to help ensure that there are no tax surprises when filing one’s tax return for 2022 next spring. As well, while the deadline for implementing tax saving strategies may be December 31, the window of opportunity to make a significant difference to one’s current year tax situation does narrow as the calendar year progresses.

Many, if not most, taxpayers think of tax planning as a year-end exercise to be carried out in the last few weeks of the year, with a view to taking the steps needed to minimize the tax bill for the current year. And it’s true that almost all strategies needed to both minimize the tax hit for the year and to ensure that there won’t be big tax bill come next April must be taken by December 31(the making of registered retirement savings plan (RRSP) contributions being the notable exception). Notwithstanding, there’s a lot to recommend carrying out a mid-year review of one’s tax situation for the current year. Doing that review mid-year, instead of waiting until December, gives the taxpayer the chance to make sure that everything is on track, and especially to put into place any adjustments needed to help ensure that there are no tax surprises when filing one’s tax return for 2022 next spring. As well, while the deadline for implementing tax saving strategies may be December 31, the window of opportunity to make a significant difference to one’s current year tax situation does narrow as the calendar year progresses.

By the beginning of June, most Canadians have filed their individual income tax return for the 2021 tax year and received a Notice of Assessment outlining their tax position for that year. Those who receive a refund will celebrate that fact; less happily, those who receive a tax bill will pay up the amount owed. Although few Canadians have this perspective, the reality is that getting either a big tax refund or having to pay a large tax bill is a sign that one’s tax affairs need attention. A refund, especially a large refund, means that the taxpayer has overpaid his or her taxes for the previous year and has essentially provided the Canada Revenue Agency with an interest-free loan of funds that could have been put to better use in the taxpayer’s hands. The other outcome – a large bill – means that taxes have been underpaid for the previous year and could mean paying interest charges to the CRA. Either way, it’s in the taxpayer’s best interests to ensure that tax paid throughout the year is sufficient to cover his or her taxes, without overpaying or underpaying. The best-case scenario is to file a tax return and receive a Notice of Assessment which indicates that there is neither a substantial refund payable nor any significant amount owing.

For most Canadians, income and available deductions and credits don’t vary substantially from one year to the next. Where that’s the case, the amount of tax owed by the taxpayer for 2021 (a figure that can be found on Line 43500 of the Notice of Assessment) is likely to be very close to one’s tax liability for 2022.

After finding out one’s tax liability for 2021, the next step in doing a review is to get a sense of how much tax has already been paid for the 2022 tax year. There are two ways of paying taxes throughout the year. The majority of Canadians (including all employees) have income taxes deducted from their paycheques and remitted to the federal government on their behalf – known as source deductions. Taxpayers who do not have income tax deducted at source – which would include self-employed individuals and, frequently, retired taxpayers – make tax payments directly to the federal government (four times a year, in March, June, September and December) through the tax instalment system.

Using the tax payable figure for 2021 as a guide, it’s necessary to figure out whether income tax payments made to date, either by source deductions or instalment payments, match up with that tax liability figure, recognizing that by this point in the year, approximately one-half of taxes for 2022 should already have been paid. If they haven’t, and particularly if there is a significant shortfall which will mean a large balance owing when the tax return for 2022 is filed next spring, the taxpayer will need to take steps to remedy that.

Where the individual involved pays tax by instalments, the solution is simple. He or she can simply increase or decrease the amount of remaining instalment payments made in 2022 so that the total instalment payments made over the course of this year accurately reflect the total tax payable for the year. The only caveat in that situation is that the individual should err on the side of caution to ensure that there isn’t a shortfall in instalment payments, which could result in interest charges being levied by the CRA.

The situation is a little more complex for employees, or anyone who has tax deducted at source. Often when such individuals discover that they are overpaying taxes through source deductions, it’s because other deductions which they claim on their return for the year – for expenditures like deductible support payments, child care expenses, or contributions to an RRSP – aren’t taken into account in calculating the amount of tax to deduct at source. The solution for employees who find themselves in that situation is to file a FormT1213 – Request to Reduce Tax Deductions at Source, which is available on the CRA website at T1213 Request to Reduce Tax Deductions at Source - Canada.ca with the Agency. On that form, the taxpayer identifies the amounts which will be deducted on the return for the year and, once the CRA verifies that those deductible expenditures are being made, it will authorize the taxpayer’s employer to reduce the amount of tax which is being withheld at source to take account of that deduction.

Where it’s the opposite situation and a taxpayer finds that source deductions being made will not be sufficient to cover his or her tax liability for the year (meaning a tax bill to be paid next spring) the solution is to have those source deductions increased. To do that, the employee needs to obtain a TD1A form for their province of residence for 2022, which is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/td1-personal-tax-credits-returns/td1-forms-pay-received-on-january-1-later.html. On the reverse side of the Form TD1, there is a section entitled “Additional tax to be deducted”, in which the employee can direct his or her employer to deduct additional amounts at source for income tax, and can specify the dollar amount which is to be deducted from each paycheque, on a go-forward basis.

Alternatively, the taxpayer who is looking at a large tax bill on filing the 2022 return can take steps to bring down that bill by creating or increasing available deductions. The most widely available strategy which will provide the greatest tax savings is an RRSP contribution, which reduces taxable income on a dollar-for-dollar basis. And while it’s difficult for most taxpayers to come up with such a contribution at the last minute, starting mid-year to transfer a set amount from each paycheque received between June of 2022 and February of 2023 to one’s RRSP can result in a substantial contribution deduction and a resulting reduction in the tax bill for the year.

No one particularly likes thinking about taxes, at any time of year, but ignoring the issue definitely won’t make it go away. The investment of a few hours of time now, and putting in place any needed adjustments, can mean avoiding a nasty surprise in the form of a large balance owing when the return for 2022 is completed next spring.

While recent increases in interest rates have put something of a damper on home sales, the Canadian real estate market was booming in the first quarter of 2022. According to Canadian Real Estate Association statistics, there were over 650,000 residential sales transactions in the first quarter (January to March) of this year.

While recent increases in interest rates have put something of a damper on home sales, the Canadian real estate market was booming in the first quarter of 2022. According to Canadian Real Estate Association statistics, there were over 650,000 residential sales transactions in the first quarter (January to March) of this year.

Those figures mean that hundreds of thousands of Canadians will be closing home sales transactions and moving this spring. And, whatever the reason for the move or the distance to the new location, all moves have two things in common – stress and cost. Even where the move is a desired one, moving inevitably means upheaval of one’s life and the costs can be very significant. There is not much that can diminish the stress of moving, but the associated costs can be offset somewhat by a tax deduction which may be claimed for many of those costs.

However, while it’s common to refer simply to the “moving expense deduction”, as though it were available in all circumstances, the fact is that there is actually no across-the-board deduction available for moving costs. In order to be tax deductible, such moving costs must be incurred in specific and relatively narrow circumstances. Our tax system allows taxpayers to claim a deduction only where the move is made to get the taxpayer closer to his or her new place of work, whether that work is a transfer, a new job, or self-employment. Specifically, moving expenses can be deducted where the move is made to bring the taxpayer at least 40 kilometres closer to his or her new place of work. That requirement is satisfied where, for instance, a taxpayer moves from Toronto to Halifax to take a new job. It’s also met where a taxpayer is transferred by his or her employer to another job in a different location and the taxpayer’s move will bring him or her at least 40 kilometres closer to the new work location. It’s not met where an individual or family move up the property ladder by selling and purchasing a new home in the same town or city, without any change in work location.

As well, it’s not actually necessary to be a homeowner in order to claim moving expenses. The list of moving-related expenses which may be deducted is basically the same for everyone – homeowner or tenant – who meets the 40-kilometre requirement. Students who move to take a summer job (even if that move is back to the family home) can also make a claim for moving expenses where that move meets the 40-kilometre requirement.

It's important to remember, however, that even where the 40-kilometre requirement is met, it’s possible to deduct moving costs only from employment or self-employment (business) income – there is no deduction possible from other types of income, like investment income or employment insurance benefits.

The general rule is that a taxpayer can claim reasonable amounts that were paid for moving him or herself, family members, and household effects. In all cases, the moving expenses must be deducted from employment or self-employment income earned at the new location. Where the move takes place later in the year, and moving costs are significant, it’s possible that the amount of income earned at the new location in the year of the move will be less than deductible moving expenses incurred. In such instances, those expenses can be carried over and deducted from income earned at the new location in any future year.

Within the general rule, there are a number of specific inclusions, exclusions, and limitations. The following is a list of expenses which can be claimed by the taxpayer without specific dollar figure restrictions (but subject, as always, to the overriding requirement of “reasonableness”).

• traveling expenses, including vehicle expenses, meals, and accommodation, to move the taxpayer and members of his or her family to their new residence (note that not all members of the household have to travel together or at the same time);
• transportation and storage costs (such as packing, hauling, movers, in-transit storage, and insurance) for household effects, including such items as boats and trailers;
• costs for up to 15 days for meals and temporary accommodation near the old and the new residences for the taxpayer and members of the household;
• lease cancellation charges (but not rent) on the old residence;
• legal or notary fees incurred for the purchase of the new residence, together with any taxes paid for the transfer or registration of title to the new residence (excluding GST or HST);
• the cost of selling the old residence, including advertising, notary or legal fees, real estate commissions, and any mortgage penalties paid when a mortgage is paid off before maturity; and
• the cost of changing an address on legal documents, replacing driving licences and non-commercial vehicle permits (except insurance), and costs related to utility hook-ups and disconnections.

At least during the first quarter of this year, the Canadian real estate market was a seller’s market, so much so that individuals who had sold their homes could then find it difficult to purchase another home in their desired location or at their desired price. Prudent would-be sellers may therefore have decided to purchase before selling, in order to avoid such difficulty. In most such circumstances, the taxpayer is entitled to deduct up to $5,000 in costs incurred for the maintenance of the “old” residence while it is vacant and on the market. Specifically, costs including interest, property taxes, insurance premiums, and heat and utilities expenses paid to maintain the old residence while efforts were being made to sell it may be deducted. If any family members are still living at the old residence, or it is being rented, no such deduction is available.

It may seem from the forgoing that virtually all moving-related costs will be deductible – however, there are some costs for which the Canada Revenue Agency (CRA) will not permit a deduction to be claimed, as follows:

• expenses for work done to make the old residence more saleable;
• any loss incurred on the sale of the old residence;
• expenses for job-hunting or house-hunting trips to another city (for example, costs to travel to job interviews or meet with real estate agents);
• expenses incurred to clean or repair a rental residence to meet the landlord’s standards;
• costs to replace such personal-use items as drapery and carpets;
• mail forwarding costs; and
• mortgage default insurance.

To claim a deduction for any eligible costs incurred, supporting receipts must be obtained. While the receipts do not have to be filed with the return on which the related deduction is claimed, they must be kept in case the CRA wants to review them.

Anyone who has ever moved knows that there are an endless number of details to be dealt with. For some types of costs, the administrative burden of claiming moving-related expenses can be minimized by choosing to claim a standardized amount for certain types of expenses. Specifically, the CRA allows taxpayers to claim a fixed amount, without the need for detailed receipts, for travel and meal expenses related to a move. Using that standardized, or flat rate, method, taxpayers may claim up to $23 per meal, to a maximum of $69 per day, for each person in the household. Similarly, the taxpayer can claim a set per-kilometre amount for kilometres driven in connection with the move. The per-kilometre amount ranges from 51.0 cents for Alberta to 64.5 cents for the Northwest Territories. In all cases, it is the province or territory in which the travel begins which determines the applicable rate.

These standardized travel and meal expense rates are those which were in effect for the 2021 taxation year – the CRA will be posting the rates for 2022 on its website early in 2023, in time for the tax filing season.

Once eligibility for the moving expense deduction is established, the rules which govern the calculation of the available deduction are not complex, but they are very detailed. The best summary of those rules is found on the form used to claim such expenses – the T1-M. The current version of that form can be found on the CRA’s website at Moving Expenses Deduction. (canada.ca) and more information (including a link to rates for standardized meal and travel cost claims) is available at Line 21900 – Moving expenses - Canada.ca.

Of the 27 million individual income tax returns already filed with the Canada Revenue Agency for the 2021 tax year, no two were identical. Each return contained its own particular combination of types and amounts of income reported and deductions and credits claimed. There is, however, one thing which every one of those returns has in common. For each and every one, the CRA will review the return filed, determine whether it is in agreement with the information contained therein, and, finally, issue a Notice of Assessment (NOA) to the taxpayer summarizing the Agency’s conclusions with respect to the taxpayer’s tax situation for the 2021 tax year.

Of the 27 million individual income tax returns already filed with the Canada Revenue Agency for the 2021 tax year, no two were identical. Each return contained its own particular combination of types and amounts of income reported and deductions and credits claimed. There is, however, one thing which every one of those returns has in common. For each and every one, the CRA will review the return filed, determine whether it is in agreement with the information contained therein, and, finally, issue a Notice of Assessment (NOA) to the taxpayer summarizing the Agency’s conclusions with respect to the taxpayer’s tax situation for the 2021 tax year.

When all goes as it should, the information contained in the Notice of Assessment is the same as that provided by the taxpayer in his or her return. In a minority of cases, however, the information presented in the NOA will differ from that provided by the taxpayer in his or her return. Where that difference means an unanticipated refund, or a refund larger than the one expected, it’s a good day for the taxpayer. In some cases, however, the NOA will inform the taxpayer that additional amounts are owed to the CRA. When that happens, the taxpayer has to figure out why, and to decide whether or not to dispute the CRA’s conclusions.

Many such discrepancies are the result of an error made by the taxpayer in completing the return. A lot of information from a variety of sources is reported on even the most straightforward of returns and it’s easy to overlook some of that information. Especially where the taxpayer has multiple sources of income – for instance, individuals who are working in the gig economy and may work under a succession of contracts during the year, or have multiple sources of income at any given time, it’s easy to overlook one or more small amounts of income. Equally, newly retired individuals who are used to having only one source of income – their paycheques – may now be receiving Canada Pension Plan benefits, Old Age Security amounts, pension income, and, possibly, withdrawals from a registered retirement savings plan or registered retirement income fund, making it difficult to keep track of everything.

Most Canadian taxpayers now use tax return preparation software to complete and file their returns. While such software essentially eliminates the risk of arithmetical error, the process isn’t foolproof. Such tax software relies, in the first instance, on information input by the user. No matter how good the software, it can’t account for income information which the taxpayer hasn’t provided. In other cases, the taxpayer can easily transpose figures when entering them, such that an income amount of $39,257 on the T4 becomes $32,957 on the tax return. Once again, the tax software has no way of knowing that the information input was incorrect, and calculates tax owing on the basis of the figures provided.

Where there is additional tax owing because of an error or omission made by the taxpayer in completing the return, and the CRA’s figures are correct, disputing the assessment doesn’t really make sense. There is as well a tax myth which has been around almost as long as our current income tax system and which says that if a taxpayer doesn’t receive an information slip (T4 or T5, as the case might be) for income received during the year, that income doesn’t have to be reported and therefore isn’t taxable. That is not the case, and never has been. All taxpayers are responsible for reporting all income received and paying tax on that income, and the fact that an information slip was lost, mislaid, or never received doesn’t change anything. The CRA receives a copy of all information slips issued to Canadian taxpayers, and its systems will cross-check to ensure that all income is accurately reported.

There are, however, instances in which the CRA and the taxpayer are in disagreement over substantive issues, and those issues most often involve claims for deductions or credits. For instance, the CRA may have disallowed an individual’s claim for a medical expense, or for a deduction claimed for a business expenditure, and the taxpayer believes in good faith that the credit or deduction claim is legitimate.

Whatever the nature of the dispute, the first step is always to contact the CRA for an explanation of the reasons why the change was made. While the information provided in the NOA is a good summary of the taxpayer’s tax situation for the year, it may not always be clear on precisely how and why the taxpayer and the Agency disagree on the actual amount of income tax which the taxpayer must pay for the year. The first step to be taken would be a call to the Individual Income Tax Enquiries line at 1-800-959-8281, where agents who have access to the taxpayer’s return can explain any changes which were made during the assessment process. If that call doesn’t resolve the taxpayer’s questions, or there is still a disagreement, the taxpayer has to decide whether to take the next step of filing an objection to the NOA.

Doing so formally advises the CRA that the taxpayer is disputing his or her tax liability for the taxation year in question. Not incidentally, the filing of an objection also brings to a halt most efforts undertaken by the CRA to collect taxes which it considers owing for the taxation year under dispute (although, if the taxpayer is eventually found to owe the amount in dispute, interest will have accumulated in the interim). Where the taxpayer files an objection, the CRA’s collection efforts are, in most cases, suspended until 90 days after the date the CRA’s decision on that objection is sent to the taxpayer.

There is a time limit by which any objection must be filed, albeit a reasonably generous one. Individual taxpayers must file an objection by the later of 90 days from the mailing date of the Notice of Assessment (the date found at the top of page 1) or one year from the due date of the return which is being disputed. So, for tax returns for the 2021 tax year, the one-year deadline (which is usually, but not always, the later of those two dates) would be April 30, 2023 (or June 15, 2023 for self-employed taxpayers and their spouses). As with most things related to taxes, it’s best not to put it off. At the very least, if the taxpayer is ultimately found to owe some or all of the taxes assessed by the CRA, interest will have accrued on those taxes for the entire period since the filing due date and, if the filing of the objection is delayed, the CRA may well have already commenced its collection efforts. Certainly, if the deadline is imminent, it’s necessary to file a Notice of Objection in order to preserve the taxpayer’s appeal rights, even if discussions with the CRA are still ongoing.

Taxpayers who have registered with the CRA’s online services feature My Account can file their Notice of Objection online at https://www.canada.ca/en/revenue-agency/services/e-services/e-services-individuals/account-individuals.html. The taxpayer provides information with respect to the assessment being disputed and the reasons why the assessment is being disputed and submits those reasons by clicking on the Submit button at the bottom of the "Register my formal dispute – review" page. Taxpayers who are disputing their tax assessment can also scan and send supporting documents relating to that dispute to the Agency.

While filing a dispute through My Account is certainly faster than mailing hard copy of the Notice of Objection, not all taxpayers want to use that option. In particular, those who are not already registered with My Account may not wish to undertake the registration process simply in order to file a single Notice of Objection. Taxpayers who choose instead to file their objection using hard copy of a Notice of Objection form can find the most current version of the CRA’s standardized T400A Objection (which was updated and re-issued in December 2021) on the Agency’s website at https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/t400a/t400a-22e.pdf.

Taxpayers aren’t obligated to use the CRA’s official Notice of Objection form – any communication which makes it clear that the taxpayer is objecting to his or her Notice of Assessment will do. Nonetheless, there’s no reason not to use the standardized form, and there are benefits to doing so. Using the T400A form will make it clear to the CRA that a formal objection is being filed, will present the necessary information in a format with which the Agency is familiar, and will also mean that no required information is inadvertently omitted. It’s also helpful to include a copy of the Notice of Assessment which is being disputed. Taxpayers should also consider ensuring proof of both delivery and time of delivery by sending the form or letter to the Appeals Intake Center in a way which provides for tracking and proof of delivery.

There is a single Appeals Intake Centre, and the mailing address for that Centre can be found on the CRA’s Notice of Objection form. It’s also possible to contact the CRA at its objection enquires phone line in order to get information about the status of one’s appeal. The toll-free telephone number for calls from within Canada to that line is 1-800-959-5513.

In the course of making its decision, the Agency may or may not contact the taxpayer for further discussions of the issues in dispute. Should the taxpayer be contacted, he or she may be asked to provide representations outlining his or her position, in writing or at a meeting. Through such representations and meetings, it may be possible for the taxpayer and the CRA to come to an agreement on the taxpayer’s tax liability. In either case, the CRA will either confirm its original assessment or change it. If the original assessment is changed, the CRA will issue a Notice of Reassessment outlining the changes. If the taxpayer continues to disagree with the CRA’s position, the next step is an appeal to the Tax Court of Canada, which must be filed within 90 days after the CRA issues its assessment or reassessment. While in many instances (generally where amounts in dispute are relatively small) taxpayers are allowed by law to represent themselves before the Tax Court, it’s generally a good idea, once things reach this point, to consult a tax lawyer before taking that next step.

The CRA also publishes a useful pamphlet entitled Resolving Your Dispute: Objection and Appeal Rights under the Income Tax Act, and the most recent release of that publication can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/p148/p148-resolving-your-dispute-objection-appeal-rights-under-income-tax-act.html.

Over the past several years, would-be buyers in the Canadian residential real estate market have been faced with two realities. First, the cost of homes continued to increase significantly in virtually every market across Canada. At the same time, however, the cost of borrowing to finance a home purchase had almost never been lower.

Over the past several years, would-be buyers in the Canadian residential real estate market have been faced with two realities. First, the cost of homes continued to increase significantly in virtually every market across Canada. At the same time, however, the cost of borrowing to finance a home purchase had almost never been lower.

At least one of those realities came to an end in April 2022, when the Bank of Canada increased its benchmark interest rate by a full one-half percentage point – the largest such rate hike in more than 20 years. At the same time, the Bank signaled in its press release announcing the rate hike decision that more such increases were likely on the horizon, as the Bank seeks to bring the current inflation rate of 6.8% closer to its target rate of 2%.

While a one-half percent rate increase doesn’t necessarily sound like a lot, each increase in interest rates results in a change in what’s called the “mortgage stress test” – and those changes drive down the amount of mortgage financing for which most first-time home buyers can qualify, and consequently the maximum price they can consider paying for a home.

To understand that mortgage stress test, some background is required. Mortgage lending rules have always been more conservative in Canada than they are in the United States. However, it was at one time possible to purchase a home in Canada without providing any down payment, and to finance the repayment of the full purchase price over the next 40 years – longer than the working life of many Canadians.

In 2008 the US mortgage market was collapsing under the weight of hundreds of thousands of mortgage defaults. While that scenario fortunately never played out in Canada, the Canadian government determined that changes were needed to existing Canadian mortgage lending rules, in large part to avoid such a possibility. Those rules were tightened in many steps over the subsequent 10 years, leading eventually to the imposition of the mortgage stress test in 2016 and a furthering tightening of that test in 2017 and 2021. Essentially, the mortgage stress test imposes additional income and creditworthiness requirements on would-be borrowers with the goal of ensuring that they will be able to manage (and repay) their mortgage debt at both current interest rates and at potentially higher rates in the future.

Lenders have always, of course, assessed the creditworthiness of individuals who apply for mortgage financing – or any kind of loan. When an applicant seeks mortgage financing, lenders use two tests to determine the applicant’s ability to manage the borrowing sought. The first, the Gross Debt Service (GDS), is a measure of housing costs, and includes mortgage payments, property taxes, heating, and, where applicable, one-half of condominium fees. Lenders want to see that no more than 35% to 39% of a household’s gross income is needed to meet the GDS. The second measurement, the Total Debt Service or TDS, includes housing costs plus all other debt obligations (student loans, car payments, etc.). When it comes to TDS, lenders want to see that payment of total debt obligations utilizes no more than 42% to 44% of the borrower’s gross household income.

In addition to these tests imposed by a lender, the mortgage stress test requires would-be borrowers to satisfy additional, more stringent, criteria. Specifically, such borrowers must meet the GDS and TDS ratios based on both the actual mortgage interest rate which the lender is providing and a higher notional rate. In effect, a borrower must show that he or she has sufficient total income and disposable income to continue to be able to meet mortgage payment obligations in the event that mortgage interest rates increase – as they just have.

Anyone applying for mortgage financing (including both first-time buyers and current homeowners renewing their mortgages or moving to a new lender) must meet the GDS and TDS ratios using the actual rate negotiated with the lender plus 2%, or the notional rate set by the federal government, whichever is higher.

As of June 2021, the notional rate imposed under the mortgage stress test was increased to 5.25% for all mortgages, regardless of the size of down payment. At that time, the 5.25% rate was, usually, the higher of two possible rates which could be imposed under the mortgage stress test, meaning that prospective borrowers had to show that they could meet their mortgage payment obligations based on a notional rate of 5.25%. However, following the recent interest rate increases announced by the Bank of Canada, major Canadian lenders have increased their mortgage lending rates. As of mid-May, the lowest rate offered by a major Canadian bank for a five-year fixed rate mortgage was 4.36%. As a result, under the terms of the mortgage stress test, prospective buyers will have to show that they satisfy lending criteria based on a notional rate of 6.36%, as that rate is higher than the notional 5.25% rate set by the federal government.

The recent changes create a kind of double jeopardy for prospective borrowers. As the result of the higher notional rate imposed under the mortgage stress test, such borrowers will qualify for less in the way of mortgage financing, narrowing the range of properties on which they can make an offer to purchase. And, at the same time, such prospective homeowners are faced with the certainty that, should they be successful in making an offer to purchase and obtaining mortgage financing, the cost of servicing that mortgage will be higher than it would have been just a few months ago.

While both these changes are undoubtedly discouraging to Canadians trying to get a foothold in the residential real estate market, they are the new reality for would-be home buyers. And, while predicting the future of interest rates is a fool’s game, current economic realities (along with the signals issued by the Bank of Canada) would seem to make it very unlikely that interest rates will be declining any time in the near future. Those trying to adjust to the new interest rate reality (which includes but certainly isn’t limited to first-time home buyers or those renewing their mortgages) can find some guidance on the website for the Financial Consumer Agency of Canada at https://itools-ioutils.fcac-acfc.gc.ca/MQ-HQ/MortgageQualifier.aspx?lang=eng&lang=eng and https://www.canada.ca/en/financial-consumer-agency/services/interest-rates-rise.html.

Since the beginning of the pandemic in March 2020, the federal government has provided a wide range of pandemic benefit programs for individuals. In the main, those programs have acted to replace income lost where employment income was no longer available as businesses closed during lockdowns, or individuals were unable to work because of illness or because they were at home with young children when schools closed to in-person learning.

Since the beginning of the pandemic in March 2020, the federal government has provided a wide range of pandemic benefit programs for individuals. In the main, those programs have acted to replace income lost where employment income was no longer available as businesses closed during lockdowns, or individuals were unable to work because of illness or because they were at home with young children when schools closed to in-person learning.

As the pandemic waxed and waned over the past two years, pandemic benefit programs offered by the federal government for individual Canadians have been introduced, amended, and replaced, to fit the changing circumstances. Those ongoing changes have made it difficult for individuals to know, at any given time, what benefits are available to them, what the eligibility criteria for those benefits are, and, perhaps most critically, the deadline(s) by which application for such benefits must be made.

As of April 2022, there are three major federal pandemic programs still in existence: the Canada Recovery Sickness Benefit, the Canada Recovery Caregiver Benefit, and the Canada Worker Lockdown Benefit. Each has its own eligibility criteria and benefit amount obtainable, as outlined below.

Canada Recovery Sickness Benefit

As the name implies, the Canada Sickness Recovery Benefit (CRSB) is provided to individuals who have been unable to work due to COVID-19. That inability to work can arise because the person had COVID-19, was advised to self-isolate, or had an underlying health condition that put them at higher risk of contracting COVID-19.

The CRSB provides such individuals with a flat amount of $500 per week, for a week in which the individual was unable to work at least 50% of their normal work week. The benefit amount of $500 per week does not depend in any way on the amount of income the individual normally earns; however, in order to qualify, the individual must have earned at least $5,000 in the previous 12 months, or during 2019, 2020, or 2021.

The CRSB is payable for a maximum of six weeks, such that the maximum benefit receivable is $3,000.

Canada Recovery Caregiving Benefit

Millions of Canadians, while not ill themselves, lost income during the pandemic because they were needed to stay at home to care for children or other family members who required supervised care.

The Canada Recovery Caregiving Benefit (CRCB) provides income support to such individuals who were employed or self-employed. In order to qualify for the CRCB, individuals must have been unable to work because they were at home caring for their child who was under age 12 or another family member who needed such supervised care. Such at-home care must have been required because the school, regular program, or facility attended by the individual requiring care was closed or unavailable due to the pandemic, or because the person requiring care was sick, self-isolating, or at risk of serious health complications due to COVID-19. In addition, the applicant for the CRCB must have been unable to work at least 50% of their normal work week and he or she must have earned at least $5,000 in the previous 12 months, or during 2019, 2020, or 2021.

Like the CRSB, the CRCB pays eligible individuals a flat amount of $500 per week. Unlike the CRSB, however, the CRCB program will provide a weekly benefit to eligible individuals for a period of up to 44 weeks.

Canada Worker Lockdown Benefit

The Canada Worker Lockdown Benefit (CWLB) differs in a number of ways from the CRSB and the CRCB. The latter two benefits are available in all provinces and territories, with eligibility for such benefits based entirely on personal circumstances. In the case of the CWLB, however, eligibility depends, in the first instance, on the public health situation in an individual’s province of residence (or sometimes, on their location within a province or territory) at any given time.

The reason for the difference is that the CWLB is intended to help compensate individuals who have lost income due to public health orders issued in response to current pandemic conditions, and currently in force in their particular place of residence and work. Such orders can, of course, vary widely from place to place.

In order to be eligible for the CWLB, an individual must have earned at least $5,000 in the previous 12 months or in either 2020 or 2021. In addition, an applicant must have filed a tax return for the 2020 tax year and must also commit to filing his or her returns for 2021 and 2022 by the end of 2023. Additional eligibility conditions may also apply, and a list of those conditions can be found at https://www.canada.ca/en/revenue-agency/services/benefits/worker-lockdown-benefit/cwlb-who-apply.html.

The CWLB is $300 per week and there is no limit to the number of weeks during which benefits can be received. However, such benefits are only available during time periods when the area or province or territory in which an individual lives is designated as a COVID-19 lockdown region. In addition, such lockdown must have resulted in an individual losing his or her job, or experiencing a 50% reduction in average weekly income, as compared to the previous year.

COVID-19 lockdown regions are designated by the federal government, and a comprehensive listing of the dates during which each province and territory of Canada qualified as a COVID-19 lockdown region can be searched by postal code, on the federal government website at https://www.canada.ca/en/revenue-agency/services/benefits/worker-lockdown-benefit/cwlb-regional-lockdowns.html.

Making the application – critical dates and deadlines

It’s critical to remember that an application for benefits under the CRSB, CRCB, or the CWLB programs can be made up to 60 days after the end of a benefit week/period. Consequently, as of April 26, benefit applications still be made for any benefit period starting after February 19, 2022.

That 60-day application period is particularly important when it comes to the CWLB. As of April 26, there are no regions of Canada which are currently designated as COVID-19 lockdown regions. However, with the exception of British Columbia, Saskatchewan, Manitoba, and New Brunswick, and some areas of Québec and the Northwest Territories, all other provinces and territories were subject to such designation within the last 60 days, meaning that eligible applicants can still apply for CWLB benefits for those time periods. A listing of the COVID-19 lockdown designation periods for each province and territory (or locations within a province or territory) can be found on the federal government website at https://www.canada.ca/en/services/benefits/designated-covid-19-lockdown-regions.html.

The other critical date to be aware of is May 7, 2022: as of that date (under existing legislation), each of the CRSB, CRCB, or CWLB programs will come to an end. Notwithstanding, the 60-day rule for applications will continue, meaning that applications for benefits can still made, as long as the usual eligibility criteria are met and no more than 60 days has passed since the end of the particular benefit period for which the application is being made.

 While the number and variety of benefit programs and varying eligibility and application criteria can be confusing, the federal government has provided a comprehensive summary on its website of the rules governing these programs. That summary is available at https://www.canada.ca/en/department-finance/economic-response-plan.html#individuals.

Canada’s retirement income system has three major components – private savings through registered retirement savings plans or registered pension plans, and two public retirement income plans – the Canada Pension Plan and the Old Age Security program. The last of those – the Old Age Security program – is the only aspect of Canada’s retirement income system which does not require a direct contribution from recipients of program benefits. Rather, the OAS program is funded through general tax revenues, and eligibility to receive OAS is based solely on Canadian residency. Anyone who is 65 years of age or older and has lived in Canada for at least 40 years after the age of 18 is eligible to receive the maximum benefit. For the second quarter of 2022 (April to June 2022), that maximum monthly benefit is $648.67.

Canada’s retirement income system has three major components – private savings through registered retirement savings plans or registered pension plans, and two public retirement income plans – the Canada Pension Plan and the Old Age Security program. The last of those – the Old Age Security program – is the only aspect of Canada’s retirement income system which does not require a direct contribution from recipients of program benefits. Rather, the OAS program is funded through general tax revenues, and eligibility to receive OAS is based solely on Canadian residency. Anyone who is 65 years of age or older and has lived in Canada for at least 40 years after the age of 18 is eligible to receive the maximum benefit. For the second quarter of 2022 (April to June 2022), that maximum monthly benefit is $648.67. 

For many years, OAS was automatically paid to eligible recipients once they reached the age of 65. However, beginning in July 2013 Canadians who are eligible to receive OAS benefits have been able to defer receipt of those benefits for up to five years, to when they turn 70 years of age. For each month that an individual Canadian defers receipt of those benefits, the amount of benefit eventually received increases by 0.6%. The longer the period of deferral, the greater the amount of the monthly benefit eventually received. Where receipt of OAS benefits is deferred for a full 5 years, until age 70, the monthly benefit received is increased by 36%.

It can, however, be difficult to determine, on an individual basis, whether and to what extent it would make sense to defer receipt of OAS benefits. Some of the difficulty in deciding whether to defer – and for how long – lies in the fact there are no hard and fast rules, and the decision is entirely dependent on each individual’s financial circumstances. Fortunately, however, there are a number of factors which each individual can consider when making that decision.

The first such factor is how much total income will be required, at the age of 65, to finance current needs. By that age many (although not all) Canadians are no longer making mortgage payments or saving for retirement and so the amount of income needed is reduced. It’s also necessary to determine what other sources of income (employment income from full- or part-time work, Canada Pension Plan retirement benefits, employer-sponsored pension plan benefits, annuity payments and withdrawals from registered retirement savings plans (RRSPs) and registered retirement income fund (RRIFs)) are available to meet those needs, both currently and in the future, and when receipt of those income amounts can or will commence or cease. Once income needs and the sources and possible timing of each is clear, it’s necessary to consider the income tax implications of the structuring and timing of those sources of income. The ultimate goal, as it is at any age, is to ensure sufficient income to finance a comfortable lifestyle while at the same time minimizing both the tax bite and the potential loss of tax credits.

In making those calculations, the following income tax thresholds and benefit cut-off figures (for 2022) are a starting point.

• Income in the first federal tax bracket is taxed at 15%, while income in the second bracket is taxed at 20.5%. For 2022, that second income tax bracket begins when taxable income reaches $50,197.
• The Canadian tax system provides a non-refundable tax credit of $7,898 for taxpayers who are age 65 or older at the end of the tax year. The amount of that credit is reduced once the taxpayer’s net income for the year exceeds $39,826.
• Individuals can receive a GST/HST refundable tax credit, which is paid quarterly. For 2022, the full credit is payable to individual taxpayers whose family net income is less than $39,826.
• Taxpayers who receive Old Age Security benefits and have income over a specified amount are required to repay a portion of those benefits, through a mechanism known as the “OAS recovery tax”, or “clawback”. Taxpayers whose income for 2022 is more than $81,761 will have a portion of their future OAS benefits “clawed back”.

What other sources of income are currently available?

More and more, Canadians are not automatically leaving the work force at the age of 65. Those who continue to work at paid employment and whose employment income is sufficient to finance their chosen lifestyle may well prefer to defer receipt of OAS. Similarly, a taxpayer who begins receiving benefits from an employer’s pension plan when he or she turns 65, may be in a financial position which enables him or her to postpone receipt of OAS benefits.

Is the taxpayer eligible for Canada Pension Plan retirement benefits, and at what age will those benefits commence?

Nearly all Canadians who were employed or self-employed after the age of 18 paid into the Canada Pension Plan and are eligible to receive CPP retirement benefits. While such retirement benefits can be received as early as age 60, receipt can also be deferred and received any time up to the age of 70. As is the case with OAS benefits, CPP retirement benefits increase with each month that receipt of those benefits is deferred. Taxpayers who are eligible for both OAS and CPP will need to consider the impact of accelerating or deferring the receipt of each benefit in structuring retirement income.  

Does the taxpayer have private retirement savings through an RRSP?

Taxpayers who were not members of an employer-sponsored pension plan during their working lives generally save for retirement through a registered retirement savings plan (RRSP). While taxpayers can choose to withdraw amounts from such plans at any age, they are required to collapse their RRSPs by the end of the year in which they turn 71, and to then begin receiving income from those savings. There are a number of options available for structuring that income, and, whatever the option chosen (usually, converting the RRSP into a registered retirement income fund or RRIF, or purchasing an annuity) will mean that the taxpayer will begin receiving income amounts from those RRSP funds in the following year. Taxpayers who have significant retirement savings in RRSPs should, in determining when to begin receiving OAS benefits, consider that they will have an additional (taxable) income amount for each year after they turn 71.

 The ability to defer receipt of OAS benefits does provide Canadians with more flexibility when it comes to structuring retirement income. The price of that flexibility is increased complexity, particularly where, as is the case for most retirees, multiple sources of income and the timing of each of those income sources must be considered, and none can be considered in isolation from the others.

Individuals who are facing that decision-making process will find some assistance on the Service Canada website. That website provides a Retirement Income Calculator, which, based on information input by the user, will calculate the amount of OAS which would be payable at different ages. The calculator will also determine, based on current RRSP savings, the monthly income amount which those RRSP funds will provide during retirement. To use the calculator, it is necessary to know the amount of Canada Pension Plan benefit which will be received, and the taxpayer can obtain that information by calling Service Canada at 1-800 277-9914.

The Retirement Income Calculator can be found at https://www.canada.ca/en/services/benefits/publicpensions/cpp/retirement-income-calculator.html.

The difficulties faced by younger Canadians in buying a first home almost anywhere in Canada, owing to both the spiraling cost of real estate and, more recently, increases in interest rates, is a major concern for those individuals and their families. Not surprisingly, then, the issue of housing affordability was a major focus of the recent federal budget, and the following measures to address that problem were announced.

The difficulties faced by younger Canadians in buying a first home almost anywhere in Canada, owing to both the spiraling cost of real estate and, more recently, increases in interest rates, is a major concern for those individuals and their families. Not surprisingly, then, the issue of housing affordability was a major focus of the recent federal budget, and the following measures to address that problem were announced.

Tax-Free First Home Savings Account

The most significant housing affordability measure announced in the budget was the creation of a new program – the Tax-Free First Home Savings Account (FHSA) which, as the name implies, allows first time home buyers to save (within prescribed limits) toward the purchase of a first home.

Under the program terms, any resident of Canada who is at least 18 years of age and who has not lived in a home which he or she owns in any of the current or four previous years can open an FHSA and contribute to that plan annually.

Beginning in 2023, planholders will be able to contribute up to $8,000 per year to their plan, regardless of their income for that year. The $8,000 per year contribution limit cannot be carried over to future years – in other words, if a planholder makes less than the maximum allowable contribution in any year, his or her contribution limit for subsequent years is still $8,000. As well, there is a lifetime limit of $40,000 in contributions for each individual.

The real benefit of the FHSA program lies in the tax treatment of contributions. Individuals who contribute any amount in a year can deduct that amount from income, in the same manner as a registered retirement savings plan contribution. As well, investment income of any kind which is earned by contributed funds held in the plan is not taxed as it is earned. Finally, when the planholder withdraws funds from the plan to purchase a first home, those withdrawal amounts – representing both original contributions and investment income earned by those contributions – are not taxed.  

Given the generous tax treatment accorded contributions to an FHSA, there are inevitably some qualifications and restrictions placed on the use of the plans. First, amounts withdrawn from an FHSA are received tax-free only if those funds are used to make a qualifying home purchase. Amounts withdrawn and used for any other purpose are fully taxable.

Individuals who open an FHSA have 15 years from the date the plan is opened to use the funds for a qualifying home purchase. While this does place some pressure on planholders with respect to the timing of their home purchase, there is some flexibility. Specifically, planholders who have not made a qualifying home purchase within the required 15-year time frame must then close the FHSA plan, but are allowed to transfer funds held in the FHSA to their RRSP. Significantly, the amount which is transferred from an FHSA to an RRSP isn’t reduced or limited in any way by the individual’s RRSP contribution room. However, transfers made to an RRSP in these circumstances do not replenish FHSA contribution room – in other words, each eligible individual gets only one opportunity to save for a first-time home purchase using an FHSA. And, of course, any amounts transferred from an FHSA to an RRSP will be taxable on withdrawal, in the same way as any other RRSP withdrawal.

Finally, individuals who have managed to accumulate funds within an RRSP will be allowed to transfer (subject to the $8,000 annual and $40,000 lifetime contributions limits) such funds to an FHSA on a tax-free basis, where they would then be subject to the usual rules governing an FHSA. Such individuals would not, however, be entitled to replace those funds within the RRSP.

Our tax system already provides a means to save for home ownership on a tax-assisted basis – the Home Buyers’ Plan (HBP). Under that Plan, an individual can withdraw up to $35,000 from his or her RRSP and use those funds for the purchase of a first home. Any such funds withdrawn must then be repaid to the RRSP over the next 15 years. The Home Buyers’ Plan will continue to be available to Canadians – however, an individual will not be permitted to make both an FHSA withdrawal and an HBP withdrawal in respect of the same qualifying home purchase.

First-Time Home Buyers’ Tax Credit

First time home buyers in Canada can already claim a non-refundable federal tax credit of up to $750 (which can be shared between spouses) when purchasing a home which they will occupy as a principal residence.

The budget proposes to increase the amount of that Home Buyers’ Tax Credit to $1,500, and spouses and common-law partners will continue to be able to split the value of the credit.

The increase applies to acquisitions of a qualifying home made after 2021.

Details of each of these measures can be found in the 2022 Federal Budget papers, which are available on the federal government website at https://budget.gc.ca/2022/pdf/tm-mf-2022-en.pdf.

For the majority of Canadians, the due date for filing of an individual tax return for the 2021 tax year was Monday May 2, 2022. (Self-employed Canadians and their spouses have until Wednesday June 15, 2022 to get that return filed.) When things go entirely as planned and hoped, the taxpayer will have prepared a return that is complete and correct, and filed it on time, and the Canada Revenue Agency will issue a Notice of Assessment indicating that the return is “assessed as filed”, meaning that the CRA agrees with the information filed and tax result obtained by the taxpayer. While that’s the outcome everyone is hoping for, it’s a result which can be derailed in any number of ways.

For the majority of Canadians, the due date for filing of an individual tax return for the 2021 tax year was Monday May 2, 2022. (Self-employed Canadians and their spouses have until Wednesday June 15, 2022 to get that return filed.) When things go entirely as planned and hoped, the taxpayer will have prepared a return that is complete and correct, and filed it on time, and the Canada Revenue Agency will issue a Notice of Assessment indicating that the return is “assessed as filed”, meaning that the CRA agrees with the information filed and tax result obtained by the taxpayer. While that’s the outcome everyone is hoping for, it’s a result which can be derailed in any number of ways.

By April 11, 2022, just over 13 million individual income tax returns for the 2021 tax year had been filed with the Canada Revenue Agency. And, inevitably, some of those returns contain errors or omissions that must be corrected.

Over 93% of the returns which have already been filed for the 2021 tax year were filed through online filing methods, meaning that they were prepared using tax return preparation software. The use of such software significantly reduces the chance of making a clerical or arithmetic error, like entering an amount on the wrong line or adding a column of figures incorrectly. However, no matter how good the software, it can work only with the information that is provided to it. Sometimes taxpayers prepare and file a return, only to later receive a tax information slip that should have been included on that return. It’s also easy to make an inputting error when transposing figures from an information slip (a T4 from one’s employer, for instance) into the software, such that $69,206 in income becomes $62,906. Whatever the cause, where the figures input are incorrect or information is missing, those errors or omissions will be reflected in the final (incorrect) result produced by the software.

When the error or omission is discovered in a return which has already been filed, the question which immediately arises is how to make things right. The first impulse of many taxpayers is to file another return, in which the complete and correct information is provided, but that’s not the right answer. There are, however, several ways in which a mistake or omission on an already filed tax return can be corrected, including online options.

For several years now, taxpayers who file their tax returns online, whether through NETFILE or EFILE, have been able to notify the CRA of an error or omission in an already-filed return electronically, by using the Agency’s ReFILE service. That service, which can be found at https://www.canada.ca/en/revenue-agency/services/e-services/e-services-businesses/refile-online-t1-adjustments-efile-service-providers.html, allows taxpayers to make corrections to an already filed return online, on the CRA website.

Essentially, taxpayers whose returns have been filed online (through NETFILE or EFILE) can make a correction using the same tax return preparation software that was used to prepare the return. Those taxpayers who used NETFILE to file their return can file an adjustment to a return filed for the 2018, 2019, 2020, and 2021 tax years. Where the return was filed using EFILE, the EFILE service provider can similarly file adjustments for returns filed for the 2018, 2019, 2020, or 2021 tax years.

There are limits to the ReFILE service. Regardless of who is using the service (i.e., the taxpayer or an EFILE service provider) the online system will accept a maximum of nine adjustments to a single return, and ReFILE cannot be used to make changes to personal information, like the taxpayer’s address or direct deposit details. There are also some types of tax matters which cannot be handled through ReFILE, like applying for a disability tax credit or child and family benefits.

It’s also possible to make a change or correction to a return using the CRA’s “My Account” service (through the “Change My Return” feature), but that choice is available only to taxpayers who have already become registered for My Account. Taxpayers who opt to become registered for My Account in order to access the broader options available through Change My Return should be aware that the registration process takes a few weeks, in order to satisfy the CRA’s security measures.

While using the CRA’s online services, whether through ReFILE or My Account, is certainly the fastest way to make a correction on an already-filed return, taxpayers who don’t wish to use an online method do still have a paper option. The paper form to be used is Form T1-ADJ E (20), which can be found on the CRA website at T1-ADJ T1 Adjustment Request – Canada.ca. Those who are unable to print the form off the website can order a copy to be sent to them by mail by calling the CRA’s individual income tax enquiries line at 1-800-959-8281. There is no limit to the number of changes or corrections which can be made using the T1-ADJ E (20) form.

Hard copy of a T1-ADJ (20) (or a letter) is filed by sending the completed document to the appropriate Tax Center, which is the one with which the tax return was originally filed. A listing of Tax Centres and their addresses can be found on the reverse of the TD-ADJ (20) form. A taxpayer who isn’t sure which Tax Centre their return was filed with can go to https://www.canada.ca/en/revenue-agency/corporate/contact-information/tax-services-offices-tax-centres.html on the CRA website and select their location from the drop-down menu found there. The address for the correct Tax Centre will then be provided. 

Where a taxpayer discovers an error or omission in a return already filed, the impulse is to correct that mistake as soon as possible. However, no matter which method is used to make the correction – ReFILE, My Account, or the filing of a T1-ADJ in hard copy – it’s necessary to wait until the Notice of Assessment for the return already filed is received. Corrections to a return submitted prior to the time that return is assessed simply can’t be processed by the CRA.

Once the Notice of Assessment is received, and an adjustment request is made, it will take at least a few weeks, usually longer, before the CRA responds. The CRA’s goal is to respond to such requests that are submitted online within about two weeks, while those which come in by mail currently (as of April 2022) take about ten to twelve weeks. Not unexpectedly, requests which are submitted during the CRA’s peak return processing period between March and July will likely take longer.

Sometimes the CRA will contact the taxpayer, even before a return is assessed, to request further information, clarification, or documentation of deductions or credits claimed (for example, receipts documenting medical expenses claimed, or child care costs). Whatever the nature of the request, the best course of action is to respond promptly, and to provide the requested documents or information. The CRA can assess only on the basis of the information with which it is provided, and it is the taxpayer’s responsibility to provide support for any deduction or credit claims made. Where a request for information or supporting documentation for a claimed deduction or credit is ignored by the taxpayer, the assessment will proceed on the basis that such support does not exist. Providing the requested information or supporting documentation can usually resolve the question to the CRA’s satisfaction, and its assessment of the taxpayer’s return can then be completed.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

They can be accessed below.

Corporate:

Issue #59 Corporate

Personal:

Issue #59 Personal

It is a sad fact that, every year, thousands of Canadians become the victims of scams in which fraud artists claim to be representatives of the federal government. Equally sadly, in most cases the money lost is never recovered.

It is a sad fact that, every year, thousands of Canadians become the victims of scams in which fraud artists claim to be representatives of the federal government. Equally sadly, in most cases the money lost is never recovered.

While fraud has always and will always exist, this time of year provides a perfect opportunity for scams, particularly those involving our tax system, for a number of reasons. First, of course, it’s tax-filing season, a time of year when receiving communications from the tax authorities wouldn’t strike most Canadians as being out of place, or suspicious – and when, in fact, the tax authorities do communicate with taxpayers for valid reasons. Second, most tax returns filed by individual Canadians result in the payment of a tax refund. Consequently, receiving an email or other communication indicating that the CRA has funds which are owed to you wouldn’t necessarily strike most recipients as a scam. As well, over the course of the past two pandemic years, many day-to-day financial dealings have had to be managed online or by phone, opening up opportunities for fraudsters to misrepresent themselves as government officials or government websites. All in all, it’s a perfect storm of opportunity for scammers and fraudsters.

Generally, there are two basic ways in which tax fraud artists prey on taxpayers. In a scam which has been around for years, if not decades, a telephone caller falsely informs the taxpayer that he or she owes money to the Canada Revenue Agency and that immediate payment must be made. A failure to pay, the taxpayer is told, will mean seizure of his or her assets, cancellation of his or her passport and/or social insurance card or other government-issued identification, deportation, or imprisonment. Further, such payment must be made only by wire transfer or pre-paid credit card or cryptocurrency. In a second type of scam, which is more common at this time of year, the taxpayer is contacted by e-mail or text and advised that he or she is owed money by the federal government. In order to receive the money owed, the taxpayer must click on a link in that e-mail or text. The link leads, not to a federal government website, but to a “dummy” site very closely resembling the actual Canada Revenue Agency website. The taxpayer must then, in order to have his or her “refund” processed, provide personal and financial information which can then be used by the tax scammer. A taxpayer may also be contacted by phone, told falsely that he or she is owed money by the CRA and asked to provide details – like a bank account number – so that the “refund” can be deposited to the taxpayer’s account.

There are, in fact, several things about such communications that should alert the recipient to the fact that they are not legitimate. First of all, if a taxpayer does owe money to the CRA, or is owed money by the CRA, he or she will be first advised of that fact in the Notice of Assessment issued by the CRA for every tax return that is filed – and never by telephone, email, or text. Second, the CRA would never suggest or require that a taxpayer send funds to the Agency by wire transfer or by using a prepaid credit card or cryptocurrency, and would never ask a taxpayer to click on a link in an email or text, or to provide financial details over the phone. Payments of money owed to the CRA are made online, through the CRA website, through the taxpayer’s financial institution (in person or online), or by mailing a cheque to the Agency. Any payment by the CRA to the taxpayer is made by direct deposit to a taxpayer’s bank account (using an already existing direct deposit arrangement), or by cheque, which is sent to the taxpayer by regular mail. Finally, any suggestion that the CRA would (or could) cancel a taxpayer’s passport or other government-issued ID for failure to make payment is simply ludicrous.

Although these scams are well known (and new ones appear frequently and are noted on the CRA website at https://www.canada.ca/en/revenue-agency/corporate/security/protect-yourself-against-fraud.html), many such scams originate outside Canada, limiting the ability of the CRA and law enforcement authorities to monitor or stop them. For the most part, therefore, the onus will fall on individual taxpayers to protect themselves through a healthy degree of caution, even skepticism. At the end of day, the best protection from being scammed is being aware of the methods by which the CRA will (and, more importantly, will not) contact a taxpayer – in other words, being able to recognize when a scam attempt is being made.

The CRA suggests that, in order to avoid becoming a victim of such scams, taxpayers should keep the following general guidelines in mind.

A legitimate CRA employee will identify themselves when they contact you. The employee will give you their name and a phone number. Make sure the caller is a CRA employee before you give any information over the phone.

If you’re suspicious, this is how you can make sure the caller is from the CRA:

1. Tell the caller you would like to first verify their identity.
2. Request and make a note of their name, phone number, and office location.
3. End the call. Then check that the information provided during the call was legitimate by calling the CRA’s individual income tax enquiries line at 1-800-959-8281. 

Similarly, where a caller claiming to be from the CRA leaves a voice mail the taxpayer should, instead of returning that call, call the 1-800 number above. Service agents at that line will be able to access the taxpayer’s tax records and provide accurate information on whether the Agency is indeed seeking to contact the taxpayer and, if so, for what reason.

Taxpayers should note as well that seeing a CRA 1-800 number or an Ottawa area code on their call display does not necessarily mean that the call is from the CRA. Scammers have been able to use technology to show false numbers on call display, as part of their attempt to seem legitimate.

Red flags that suggest a caller is a scammer include (but are not limited to):

• The caller does not give the taxpayer proof that the caller works for the CRA – for example, their name, phone number, and office location.
• The caller pressures the taxpayer to act now or uses aggressive language.
• The caller asks the taxpayer to pay with prepaid credit cards, gift cards, cryptocurrency, or some other unusual form of payment.
• The caller asks for information that the taxpayer would not enter on a tax return or that is not related to money which the taxpayer owes to the CRA – for instance, a credit card number.
• The caller says that he or she can help the taxpayer apply for government benefits. Such applications are made directly on Government of Canada websites or by phone – no one should give information to callers offering to apply for benefits on the taxpayer’s behalf.

Ironically, the extent to which most individuals are now comfortable transacting their tax and financial affairs online or over the phone, and the speed and anonymity of such transactions, has made it easier in many ways for fraud artists to succeed. As ever, the best defence against becoming a victim of such fraud artists is by refusing to provide personal or financial information, and especially never to make any kind of payment, whether by phone, e-mail, or online, without first verifying the legitimacy of the request.

Most taxpayers sit down to do their annual tax return, or wait to hear from their tax return preparer, with some degree of trepidation. In most cases taxpayers don’t know, until their return is completed, what the “bottom line” will be, and it’s usually a case of hoping for the best and fearing the worst.

Most taxpayers sit down to do their annual tax return, or wait to hear from their tax return preparer, with some degree of trepidation. In most cases taxpayers don’t know, until their return is completed, what the “bottom line” will be, and it’s usually a case of hoping for the best and fearing the worst.

Most taxpayers are, of course, hoping for a refund – the bigger the better. A lot would be happy to find that at least nothing is owed to the Canada Revenue Agency, or that an amount owing is not significant.

The worst-case scenario, for all taxpayers, is to find out that they are faced with a large tax bill and an imminent payment deadline, and that they just don’t have the money to make the required payment by that deadline. For those who don’t have the means to pay a tax bill out of existing resources, that likely means borrowing the needed funds. And, while that will mean paying interest on the borrowing, the interest cost incurred will likely be less than that which would be levied by the Canada Revenue Agency on the unpaid tax bill. 

However, if a tax bill can’t be paid in full out of either current resources or available credit, the Canada Revenue Agency is open to making a payment arrangement with the taxpayer. While, like most creditors, the CRA would rather get paid on time and in full, its ultimate goal is to collect the full amount of taxes owed. Consequently, the Agency provides taxpayers who simply can’t pay their bill for the year on time and in full with the option of paying an amount owed over time, through a payment arrangement.

There are two avenues available to taxpayers who want to propose such a payment arrangement. The first is a call to the CRA’s automated TeleArrangement service at 1-866-256-1147. When making such a call, it is necessary for the taxpayer to provide his or her social insurance number, date of birth, and the amount entered on line 150 of the last tax return for which the taxpayer received a Notice of Assessment. For taxpayers who are up to date on their tax filings, that will be the Notice of Assessment for the return for the 2020 tax year. The TeleArrangement Service is available Monday to Friday, from 7 a.m. to 10 p.m., Eastern time.

Taxpayers who would rather speak directly to a CRA employee can call the Agency’s debt management call centre at 1-888-863-8657 or can complete an online form (available at https://apps.cra-arc.gc.ca/ebci/iesl/showClickToTalkForm.action) requesting a callback from a CRA agent.

The CRA also provides on online tool, in the form of a Payment arrangement calculator (available at Payment Arrangement Calculator - Canada.ca), which allows the taxpayer to calculate different payment proposals, depending on his or her circumstances. That calculator includes interest charges since, no matter what payment arrangement is made, the CRA levies interest charges on any amount of tax owed for the 2021 tax year which is not paid on or before May 2, 2022. Interest charges levied by the CRA tend to add up quickly, for two reasons. First, the interest charged by the CRA on outstanding tax amounts is, by law, higher than current commercial rates – the rate charged from April 1 to June 30, 2022 is 5.0%. Second, interest charges levied by the CRA are compounded daily, meaning that each day interest is levied on the previous day’s interest charges. It is for these reasons that a taxpayer is, where at all possible, likely better off arranging private borrowing in order to pay any taxes owing by the May 2, 2022 deadline.

Unfortunately, this year many taxpayers may be facing what might be termed a “tax hangover”. During 2020, millions of Canadian taxpayers applied for and received pandemic-related benefits. And, although those benefits represent taxable income to the recipients, no tax was deducted from the payments when they were made. Consequently, many benefit recipients, on filing their returns for the 2020 tax year in the spring of 2021, faced a larger than expected tax bill for 2020. In recognition of that fact, and the ongoing economic dislocation resulting from the pandemic, the Canada Revenue Agency provided some relief in the form of a one-year interest holiday. Specifically, taxpayers who received pandemic-related benefits during 2020, and whose income for that year was $75,000 or less, were not assessed interest charges on 2020 tax amounts which were owed but not paid in full by the deadline. Unfortunately for such taxpayers, that interest holiday ends on April 30, 2022. If outstanding tax amounts owed for 2020 are not paid by that date, the CRA will begin assessing interest charges on the debt. And, as outlined above, those interest charges will be levied at a rate of 5% – with interest compounded daily. Details of the interest holiday program and how outstanding amounts owed will be treated after April 30, 2022 can be found on the CRA website at https://www.canada.ca/en/services/taxes/income-tax/personal-income-tax/covid19-taxes/interest-relief.html.

Finally, regardless of the taxpayer’s circumstances, there is one strategy which is, in all circumstances, a bad one. Taxpayers who can’t pay their tax bill by the deadline sometimes conclude that there is no point in filing if payment can’t be made. Those taxpayers are wrong. Where an amount of tax is owed and the return isn’t filed on time, there is an immediate tax penalty imposed of 5% of the outstanding tax amount – and interest charges start accruing on that penalty amount (as well as on the outstanding tax balance) immediately. For each month that the return isn’t filed, a further penalty of 1% of the outstanding tax amount is charged, to a maximum of 12 months. Higher penalty amounts are charged, for a longer period, where the taxpayer has incurred a late-filing penalty within the past three years. In a worst-case scenario, the total penalty charges can be 50% of the tax amount owed – and that doesn’t count the compound interest which is levied on all penalty amounts, as well as on all unpaid taxes. In all cases, no matter what the circumstances, the right answer is to file one’s tax return on time. This year, for most taxpayers, that means filing on or before Monday May 2, 2022. For self-employed taxpayers (and their spouses) the filing deadline is Wednesday June 15, 2022. However, for all taxpayers, the payment deadline for all 2021 income tax amounts owed is Monday May 2, 2022.

Detailed information on the options available to taxpayers who can’t pay their taxes on time and in full can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/making-payments-individuals/paying-your-taxes-owing.html#toc2.

Our tax system is complex and, understandably, its myriad rules and exceptions are a mystery to most Canadian taxpayers – and most are happy to leave it that way. There is however, one rule in the Canadian tax system which doesn’t really have any exceptions and of which most Canadian taxpayers are all too well aware. That is the rule that says individual income tax amounts owed for any tax year must be paid – in full – on or before April 30 of the following calendar year. This year, that means April 30, 2022 – although, since April 30, 2022 falls on a Saturday, the Canada Revenue Agency is providing an administrative concession by allowing taxpayers until Monday May 2 to pay their taxes without incurring any interest charges.

Our tax system is complex and, understandably, its myriad rules and exceptions are a mystery to most Canadian taxpayers – and most are happy to leave it that way. There is however, one rule in the Canadian tax system which doesn’t really have any exceptions and of which most Canadian taxpayers are all too well aware. That is the rule that says individual income tax amounts owed for any tax year must be paid – in full – on or before April 30 of the following calendar year. This year, that means April 30, 2022 – although, since April 30, 2022 falls on a Saturday, the Canada Revenue Agency is providing an administrative concession by allowing taxpayers until Monday May 2 to pay their taxes without incurring any interest charges.

It is very much in the CRA’s interest to make paying taxes as simple and as straightforward as it can be and so the Agency offers individual taxpayers a wide range of choices when it comes making that payment. There are, in fact, no fewer than seven separate options available to individual residents of Canada in paying their taxes for the 2021 tax year. The first four options outlined below involve payment by electronic means, while the last three describe those available to taxpayers who would prefer to make their payments in person, or by sending a cheque to the CRA.

Pay using online banking

Millions of Canadians transact most or all of their banking using the online services of their particular financial institution. The list of financial institutions through which a payment can be made to the Canada Revenue Agency is a lengthy one (available at https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/pay-online-banking.html), and includes all of Canada’s major banks and credit unions.

The specific steps involved in making that payment will differ slightly for each financial institution, depending on how their online payment systems are configured. What’s important to remember is that the nature of the payment – i.e., current year tax return, as distinct from current year tax instalment payments – must be specified, and the taxpayer’s social insurance number must be provided, in order to ensure that the payment is credited to the correct account, for the correct taxation year.

It’s not necessary to access any particular CRA form in order to make an online payment of taxes through one’s financial institution.

Using the CRA’s My Payment

The CRA also provides an online payment service called My Payment. There is no fee charged for the service, and it’s not necessary to be registered for any of the CRA’s other online services in order to use My Payment.

What is necessary is that the taxpayer have an activated debit card with an Interac Debit, VISA Debit, or Debit MasterCard logo from a participating Canadian financial institution, as My Payment is set up to accept payment using only those cards. Anyone intending to use My Payment should also confirm that the amount of any payment to be made is within the transaction limits imposed by the particular financial institution.

A list of participating financial institutions for each type of card, and more details on this payment method, can be found at https://www.canada.ca/en/revenue-agency/services/e-services/payment-save-time-pay-online.html.

Payment by credit card, PayPal, or Interac e-transfer

While it’s possible to pay one’s taxes using a credit card, PayPal, or Interac e-transfer, such payments can only be made through third-party service providers (that is, payments by those methods cannot be made directly to the Canada Revenue Agency), and such third party service providers will impose a fee for the service.

There are only two such service providers – Pay Simply and Plastique - listed on the CRA website, and links to each such service are available at https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/pay-credit-card.html.

Payment by pre-authorized debit

It’s possible to set up a pre-authorized debit (PAD) arrangement with the CRA, authorizing the Agency to debit the account for an amount of taxes owed, on dates specified by the taxpayer.

Individuals who make instalment payments of tax throughout the year may already have such an arrangement in place and can certainly use that existing arrangement to arrange a PAD of any balance of taxes owed for the 2021 tax year. However, any such arrangement must be made at least five business days before the payment due date of May 2. A taxpayer who makes a payment of taxes only once a year is likely better off using another of the available payment methods.

There is also another option for taxpayers who have their return prepared and E-FILED by an authorized electronic filer. Such taxpayers can have that E-FILER set up a PAD agreement on their behalf in order to make a “one-time” payment for a current year tax amount owed. Such an arrangement is only for the payment of a current year tax balance, and can’t be used for other payments like instalment payments of tax. Details on how to set up a pre-authorized debit arrangement, whether for a single payment or for recurring payments, are outlined on the CRA website at https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/pay-authorized-debit.html.

Paying in person at your financial institution

For those who don’t use online banking, or simply prefer to make a payment in person, it’s possible to pay a tax amount owed at the bank. Doing so, however, requires that the taxpayer have a specific personalized remittance form – the T7DR, Amount owing Remittance Voucher

If the taxpayer has not received the required remittance form from the Canada Revenue Agency, it’s possible to download and print that form from the CRA website. Instructions on how to do so can be found on that website at https://www.canada.ca/en/revenue-agency/services/forms-publications/request-payment-forms-remittance-vouchers.html.

Paying at a Canada Post outlet

All Canada Post outlets can receive payments of individual income tax balances owed, in cash or by debit card. Once again, however, it’s necessary to have a specific form to do so.

In this case, the taxpayer must have a QR code which contains the information needed for the CRA to credit the amount paid to the taxpayer’s account.

While a QR code is sometimes included on remittance forms sent to the taxpayer by the CRA, it’s also possible to generate a QR code online through the CRA website. A link to instructions on how to do so can be found on that website at https://www.canada.ca/en/revenue-agency/corporate/about-canada-revenue-agency-cra/pay-canada-post.html.

Paying by cheque

While it’s not as common anymore, it’s still possible to pay any tax balance owed on filing by cheque, as outlined on the CRA website at https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/pay-cheque.html.

Such cheques are made payable to the Receiver-General of Canada, and are mailed, together with the required remittance form, to the Canada Revenue Agency, using the address found on the back of the payment remittance form. As is the case with payments made at a financial institution, the taxpayer can print such a remittance form from the CRA’s website. Instructions on how to do so can be found at https://www.canada.ca/en/revenue-agency/services/forms-publications/request-payment-forms-remittance-vouchers.html.

The CRA also suggests that, where payment of taxes owing is made by cheque, the taxpayer should include his or her social insurance number on the memo line found on the front of the cheque. Doing so will help ensure that the payment is credited to the correct account.

A decision on what method to use to pay one’s taxes includes another important consideration of which most taxpayers are unaware. Under longstanding Canada Revenue Agency policy, the CRA considers that a payment is actually made on the date on which it is received by the Agency. However, depending on the payment method chosen, that date of receipt often isn’t the same day the payment is made by the taxpayer, and it can be as much as several days later. And, of course, where payment is made close to the payment deadline, that delay can mean the difference between a timely payment and one that is late and incurs interest charges.

Helpfully, the Canada Revenue Agency provides information for each payment method on how the date of receipt is determined for that particular method. That information can be found on the CRA’s website at Canada Revenue Agency https://www.canada.ca/en/revenue-agency/services/payments-cra/individual-payments/make-payment.html.

Finally, once payment has been made by any payment method, the CRA provides taxpayers with an online method for confirming that a payment has been received and applied to the taxpayer’s account. That service is available at https://www.canada.ca/en/revenue-agency/services/payments-cra/confirm-payment.html.

Most Canadians don’t turn their attention to their taxes until sometime around the end of March or the beginning of April, in time to complete the return for 2021 ahead of the May 2, 2022 filing deadline.

Most Canadians don’t turn their attention to their taxes until sometime around the end of March or the beginning of April, in time to complete the return for 2021 ahead of the May 2, 2022 filing deadline.

While that approach leaves plenty of time to get the return prepared and filed, it also means that the most significant opportunities to reduce or minimize the tax bill for 2021 are no longer available. Almost all such tax planning or saving strategies, in order to be effective for 2021, must have been implemented by the end of that calendar year.

The fact that the clock has run out on most major tax planning opportunities for 2021 doesn’t, however, mean that there are no tax-saving strategies left. At this point, there are a couple of ways to minimize the tax hit for 2021 – by claiming all available deductions and credits on the return and also by making sure that those deductions and credits are structured and claimed in the way which will give the taxpayer the greatest tax benefit.

In some cases, a claim for a tax deduction or credit can only be made on the return for the year in which the expense is incurred, while in other cases claims can be made for expenses incurred in the previous tax year or even as far back as five years previously. Consequently, getting the best tax result on one’s return requires an assessment of which deductions and credits are available to claim in the current year, whether some or all of them can be carried forward and claimed in a future year, and whether it makes sense to do so. It may seem counterintuitive, or even illogical, to not claim every available deduction and credit in order to obtain the best possible tax result for the year. However, in some cases (albeit for different reasons) there are situations in which it makes sense to defer an available claim to a future year, or to transfer the claim to another family member.

Political contribution tax credit

The federal government provides a non-refundable tax credit for contributions made to registered political parties and to candidates in federal elections. As a federal election was held in 2021, many Canadians may have made contributions which are eligible for that political contribution tax credit.

The restriction, however, is that a claim for that political contribution tax credit can only be made on the return for the year in which the contribution was made. Consequently, taxpayers who made qualifying contributions in 2021 must claim the credit for those contributions on the return for 2021: if that is not done, no credit can be claimed for that contribution on any future return. There is some flexibility, however, in that where one spouse has made a contribution which qualifies for the federal political contribution tax credit, that contribution, and the resulting credit, can be claimed instead by the taxpayer’s spouse on his or her tax return for that year.

Charitable donations

Taxpayers are entitled to make a claim on the annual tax return for charitable donations made in the current (2021) year or any of the previous five years. The reason it can sometimes makes sense not to claim a charitable donation in the year it was made arises from the way in which the charitable donations tax credit is structured to encourage higher donations.

That credit, at both the federal and provincial/territorial levels, is a two-tier credit. Federally, the first $200 in donations receives a credit of 15% of the total donation, or $30. However, donations above the $200 level receive a credit equal to 29% of the donation amount over $200.

Take, for example, a taxpayer who makes a regular contribution to a favourite charity of $100 each month, or $1,200 per year. Where he or she claims that donation on the annual return each year, that claim will result in a federal credit of $320 ($200 times 15%, plus $1,000 times 29%). Where, however, the same taxpayer defers the claim to the following year and claims a total of $2,400 in donations on a single return, he or she will receive a federal credit of $668. ($200 times 15%, plus $2,200 times 29%). Where the donations are accumulated and claimed once every five years, the federal credit received will be $1,712 ($200 times 15%, plus $5,800 times 29%). Under each scenario, the total charitable donation made is the same, but the amount of credit received increases with each year that the claim is deferred. Since each of the provinces and territories provides a two-tier credit (at different rates, depending on the jurisdiction), the same result will be seen when calculating the provincial/territorial credit.

It's important to note as well that charitable donations made by either spouse can be combined and claimed on the return for one of those spouses, thereby increasing the amount of charitable donations available to claim and possibly the amount of credit which can be received.

Medical expenses

Notwithstanding our publicly funded health care system, there are a great (and increasing) number of medical and para-medical expenses for which coverage is not provided and which must be paid on an out-of-pocket basis. In many instances, it’s possible to claim a medical expense tax credit for those out-of-pocket costs.

The federal credit for such expenses is 15% of allowable expenses. As is usually the case, the provinces and territories also provide a credit for the same expenses, albeit at different rates.

Many taxpayers, with some justification, find the rules on the calculation of a medical expense tax credit claim confusing. First, there is an income threshold imposed. Medical expenses eligible for the credit are qualifying expenses which exceed 3% of net income, or (for 2021) $2,421, whichever is less. Put more practically, for 2021 taxpayers who have net income of $80,700 or more can claim medical expenses incurred over $2,421. Those with lower incomes can claim medical expenses which exceed 3% of that lower net income. For instance, a taxpayer having $35,000 in net income could claim qualifying medical expenses incurred over $1,050 (3% of $35,000).

The other aspect of the medical expense tax credit which can be confusing is the calculation of the optimal time period. Unlike most credit claims, the medical expense tax credit can be claimed for qualifying expenses which were paid in any 12-month period ending during the tax year. While confusing, this rule is beneficial, in that it allows taxpayers to select the particular 12-month period during which medical expenses (and therefore the resulting credit claim) is highest. The only restrictions are that the selected 12-month period must end during the calendar year for which the return is being filed and, of course, any expenses which were claimed on a previous return cannot be claimed again. 

While only expenses which exceed the $2,421/3% threshold may be claimed, it’s also possible to aggregate expenses incurred within a family and make a single claim for those expenses on the return of one spouse. Specifically, the rules allow families to aggregate medical expenses incurred for each spouse and for all children born in 2004 or later. While medical expenses incurred by a single family member might not be enough to allow him or her to make a claim, aggregating those expenses is very likely (especially for a family that does not have private medical insurance coverage) to mean that total expenses will exceed the applicable threshold.

In determining who will make the medical tax credit claim for a family, there are two points to remember. Since total medical expenses claimable are those which exceed the 3% of net income/$2,421 threshold, whichever is less, the greatest benefit will be obtained if the spouse with the lower net income makes the claim for total family medical expenses. However, the medical expense credit is a non-refundable one, meaning that it can reduce tax otherwise payable, but cannot create (or increase) a refund. Therefore, it’s necessary that the spouse making the claim have tax payable for the year of at least as much as the credit to be obtained, in order to make full use of that credit.

Finally, there are a huge number and variety of medical expenses which individuals and families may incur, and the rules governing which can be claimed and in what circumstances, are very specific. In some cases, for instance, a doctor’s prescription will be required, while in others it will not. The very long list of medical expenses eligible for the credit, and any ancillary requirements, such as a prescription, can be found on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/lines-33099-33199-eligible-medical-expenses-you-claim-on-your-tax-return.html.

Each year, the Canada Revenue Agency (CRA) publishes a statistical summary of the tax filing patterns of Canadians during the previous filing season. Those statistics for last year show that the vast majority of Canadian individual income tax returns — just over 90%, or just over 28 million returns — were filed online, using one or the other of the CRA’s web-based filing methods. About 2.8 million returns — or just over 9% — were paper-filed.

Each year, the Canada Revenue Agency (CRA) publishes a statistical summary of the tax filing patterns of Canadians during the previous filing season. Those statistics for last year show that the vast majority of Canadian individual income tax returns — just over 90%, or just over 28 million returns — were filed online, using one or the other of the CRA’s web-based filing methods. About 2.8 million returns — or just over 9% — were paper-filed.

Clearly, electronic filing is the overwhelming choice of Canadian taxpayers, and those who choose electronic filing this year have two choices — NETFILE and E-FILE. The first of those — NETFILE (used last year by just under 33% of tax filers) — involves preparing one’s return using software approved by the CRA and filing that return on the Agency’s website, using the NETFILE service. The second method, E-FILE, involves having a third party file one’s return online. Almost always, the E-FILE service provider also prepares the return which they are filing. It seems that most Canadians want to have little to do with the preparation of their own returns, as last year just over 58% of all the individual income tax returns filed came in by E-FILE.

The majority of Canadians who would rather have someone else deal with the intricacies of the Canadian tax system on their behalf can find information about E-FILE on the CRA website at https://www.canada.ca/en/revenue-agency/services/e-services/e-services-individuals/efile-individuals.html. That site will also provide a listing (searchable by postal code) of authorized E-FILE service providers across Canada, and that listing can be found at https://apps.cra-arc.gc.ca/ebci/efes/epcs/prot/ntr.action.

Those who are able and willing to prepare their own tax returns and file online can use the CRA’s NETFILE service (which is available as of February 21, 2022), and information on that service can be found at http://www.cra-arc.gc.ca/esrvc-srvce/tx/ndvdls/netfile-impotnet/menu-eng.html. While there are some kinds of returns which cannot be filed using NETFILE (for instance, a return for a non-resident of Canada, or for someone who declared bankruptcy in 2020 or 2021), the vast majority of Canadians who wish to do so will be able to NETFILE their return.

At one time, it was necessary to obtain and provide an access code in order to NETFILE. While such a code is no longer a requirement, the CRA has provided tax filers with a taxpayer-specific code which can be included with the return for 2021. That eight-character alpha-numeric code is found (in very small type) in the top right hand corner of the first page of the 2020 Notice of Assessment, just under the Date Issued line for that Notice of Assessment. Including the code with your return is not mandatory; however, the taxpayer will be able to use information from the 2021 return when confirming their identity with the CRA only if the code was provided on that return.

A return can be filed using NETFILE only where it is prepared using tax return preparation software which has been approved by the CRA. While such software can be found for sale just about everywhere at this time of year, approved software which can be used free of charge, or for a nominal charge, is also available. A listing of free and commercial software approved for use in preparing individual returns for 2021 can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/e-services/e-services-individuals/netfile-overview/certified-software-netfile-program.html.

Taxpayers who want to obtain hard copy of the tax return and guide package for 2021 can order that package online, at https://apps.cra-arc.gc.ca/ebci/cjcf/fpos-scfp/pub/rdr?searchKey=ncp%20, to be sent to the taxpayer by regular mail. Taxpayers can also download and print hard copy of the return and guide from the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/tax-packages-years/general-income-tax-benefit-package.html. Finally, the CRA will have sent, by regular mail, hard copy of the 2021 tax return and guide package to anyone who paper-filed a return for 2020 before November 12, 2021. That package should have arrived by February 21, 2022; taxpayers who should have received such a package but did not can call the CRA Individual Income Tax Enquiries line at 1-800-959-8281 to follow up and, if necessary, to request that a package be sent by mail.

 A minority of taxpayers will have the option of filing their returns using a touch-tone telephone. That option, called File my Return service will be available to eligible lower-income Canadians whose returns are relatively simple and whose tax situation remains relatively unchanged from year to year. For such taxpayers, it is important to file, even if there is no income to report, so that they receive the benefits and credits to which they are entitled. The telephone filing option is, however, available only to taxpayers who are advised by the CRA of their eligibility for the File my Return service, and letters advising those individuals of their eligibility were sent out by the CRA in mid-February 2022.

Finally, taxpayers who are not comfortable preparing their own returns, but for whom the cost of engaging a third party to do so is a financial hardship, have another option. During tax filing season, there are a number of Community Volunteer Tax Preparation Clinics where taxpayers can have their returns prepared free of charge by volunteers. Once again this year, most such clinics have had to change their usual in-person operation and adopt alternate methods. Volunteers can prepare an individual’s return, for free, by videoconference, by phone, or through document drop-off. A listing of the available clinics (which is updated regularly throughout the filing season) and their method of operation this tax season can be found on the CRA website at https://www.canada.ca/en/revenue-agency/campaigns/free-tax-help.html.

While there are a number of filing options available to Canadian taxpayers, there’s no element of choice when it comes to the filing and payment deadlines for tax returns for 2021. The deadline for payment of any balance of taxes owed for 2021 is April 30, 2022. As April 30 falls on a Saturday this year, the CRA has announced that payments of 2021 taxes owed will be considered to have been made on time if they are made on or before Monday May 2, 2022. There are no exceptions to this deadline and, absent very unusual circumstances, no extensions are possible.

For the majority of Canadians, the tax return for 2021 must also be filed on or before April 30. Here again, the CRA has extended that deadline to provide that returns will be considered filed on time if they are filed on or before Monday May 2, 2022. Self-employed taxpayers and their spouses have until Wednesday June 15, 2022 to file their returns for 2021 (but they too must pay any balance of 2021 taxes owing on or before May 2, 2022).

A summary of filing and payment due dates for returns for the 2021 tax year can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/important-dates-individuals.html.

The Canadian tax system provides individual taxpayers with a tax credit for out-of-pocket medical and para-medical expenses incurred during the year. Given that such expenses must be incurred at some time by virtually every Canadian, that credit is among the most frequently claimed on the annual return. Unfortunately, however, the rules governing such claims are detailed, somewhat complex, and frequently confusing.

The Canadian tax system provides individual taxpayers with a tax credit for out-of-pocket medical and para-medical expenses incurred during the year. Given that such expenses must be incurred at some time by virtually every Canadian, that credit is among the most frequently claimed on the annual return. Unfortunately, however, the rules governing such claims are detailed, somewhat complex, and frequently confusing.

Taxpayers who wish to make a claim for the cost of medical expenses must make the following determinations. Which, if any, of the medical expenses incurred qualify for the medical expense tax credit? For what time period should the claim be made? What documentation, if any, is required to support the claim(s) being made? And, finally, which family member should make the claim?

Even the basic “formula” with respect to the amount of medical expenses which may be claimed is not straightforward. That basic rule is that a taxpayer can make a claim for qualifying medical expenses incurred in any 12-month period which ends during the taxation year, to the extent that the amount of such expenses exceeds 3% of net income or $2,421, whichever is less. Each component of that formula clearly requires some explanation.

Qualifying medical expenses

While Canada has a publicly funded medical care system, there is nonetheless a large (and growing) number of medical and para-medical expenses which must be paid for by the individual on an out-of-pocket basis. The more common such expenses include the costs of prescription drugs, dental care, physiotherapy, medical equipment, and ambulance transport.

However, it’s not the case that all such expenses can be claimed for tax purposes, or can be claimed in all circumstances. Where an expense does qualify, additional requirements may be imposed before a claim for such expense can be made. Finally, the question of whether an expense is claimable for tax purposes, and the requirements which must be met, aren’t necessarily intuitive.

To assist taxpayers in that regard, the Canada Revenue Agency (CRA) publishes a very lengthy list of medical expenses which do qualify, together with information on any additional requirements (such as a doctor’s prescription) which must be met in order to make such a claim. That listing can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/lines-33099-33199-eligible-medical-expenses-you-claim-on-your-tax-return.html#mdcl_xpns.

What documentation is required to support claims made?

It’s obvious that the number and kind of different medical expenses which might be incurred by individuals over the course of the year is virtually limitless. In all cases, whatever the expense, the taxpayer must be prepared to support and document the nature and cost of each such expense, as well as the date on which it was incurred, with receipts. While such documentation does not have to be filed with the return, the CRA can request it from the taxpayer. And, where the supporting documentation cannot be provided, the expense claim will be denied.

For what time period should the claim be made?

While it might seem logical that only medical expenses incurred during 2021 could be claimed on the return for that year, the rules are actually more flexible than that. Specifically, those rules allow a claim to be made on the return for 2021 for qualifying medical expenses which are incurred in any 12-month period which ends during 2021.

Taking advantage of that rule requires the taxpayer to identify the 12-month period ending sometime in 2021 during which the greatest amount of qualifying medical expense was incurred.

It’s sometimes the case that it makes better sense, from a tax perspective, to not make a claim in the first year that that claim is available. Take, for instance a taxpayer who must incur significant costs for dental care, with such costs being incurred between November 2021 and March 2022. In order to maximize the claim to be made, it could make sense not to make a claim for the expenses incurred in the fall of 2021 on the 2021 return, but instead to wait and make a claim on the return for 2022 for all costs incurred between November 2021 and March 2022.

There is, unfortunately, no formula or rule of thumb which can be used to determine the optimal 12-month period for a medical expense claim in all circumstances. Rather, the taxpayer must determine, on a case-by-case basis, the optimal time period in their particular circumstances. Tax return preparation software can be helpful in this regard, by running what-if scenarios to determine the optimal tax result.

Who will make the claim?

Medical expenses incurred by either spouse or any of their minor children can be combined and claimed on a single return. In some circumstances, medical expenses paid by the taxpayer for other relatives may also be combined and included in the taxpayer’s claim.

Since only the amount of medical expenses which exceeds 3% of net income or $2,421 (whichever is less) can be claimed, it usually makes the most sense to combine family medical expenses and for a single claim for those combined expenses to be made by the lower income spouse, as long as that spouse has tax payable equal to at least the amount of the credit to be claimed.

It’s readily apparent that determining, calculating, and claiming the medical expense tax credit for a particular tax year isn’t an easy or straightforward process. To assist taxpayers in that process, the CRA publishes a guide to the rules which govern medical expense claims, and the most recent issue of that Guide — RC 4065, Medical Expenses — can be found on the CRA website at https://www.canada.ca/content/dam/cra-arc/formspubs/pub/rc4065/rc4065-21e.pdf.

While the requirement that Canadians file an income tax return each year never changes, the actual content of that return is never the same year to year. While many of the changes — like inflation-related increases to income tax brackets and credit amounts — happen automatically and don’t require any particular awareness or action on the part of the taxpayer, this is not the case with all tax changes. In some cases, taxpayers who aren’t aware of the changes can miss out on newly available or expanded tax deductions or credits, even if they are using tax preparation software to prepare their return. While the Canada Revenue Agency (CRA) will usually catch arithmetic errors made on a return, the Agency does not (and cannot) ensure that a taxpayer has made all of the claims which are available to him or her. And perhaps the only thing worse than having to pay a tax bill is paying one that is higher than it needs to be because available deductions or credits were missed.

While the requirement that Canadians file an income tax return each year never changes, the actual content of that return is never the same year to year. While many of the changes — like inflation-related increases to income tax brackets and credit amounts — happen automatically and don’t require any particular awareness or action on the part of the taxpayer, this is not the case with all tax changes. In some cases, taxpayers who aren’t aware of the changes can miss out on newly available or expanded tax deductions or credits, even if they are using tax preparation software to prepare their return. While the Canada Revenue Agency (CRA) will usually catch arithmetic errors made on a return, the Agency does not (and cannot) ensure that a taxpayer has made all of the claims which are available to him or her. And perhaps the only thing worse than having to pay a tax bill is paying one that is higher than it needs to be because available deductions or credits were missed.

This year, there are three tax or tax-related changes on the return for 2021 which are likely to affect a broad range of Canadians, and they are explained below.

Home office expenses

During the 2021 tax year, millions of Canadians continued to work from home, at least some of the time, for pandemic-related reasons. It has always been the case that employees who work from home and who meet certain criteria can deduct a portion of certain expenses related to the use of a home office — including internet usage fees and a portion of utilities costs and rent. In order to make such a claim, the employee must provide a specified form (the T2200 or T2200S) signed by his or her employer, indicating that the employee works from home and bears those costs, without reimbursement by the employer. To make the claim, the employee was also required to calculate the specific costs incurred and be prepared to provide documentation of those costs, if asked.

In view of the fact that millions of Canadians have been working from home for the first time during the past two years, and recognizing the somewhat onerous extent of record-keeping required to claim home office expenses, the federal government offered employees a choice in the form of a flat rate deduction. Using that method, an employee can claim a deduction of $2 for each day that he or she worked from home, to a maximum of $500 (for 2021), without the need to provide receipts or to obtain a T2200 from the employer. In order to qualify for the flat rate deduction, an employee must have worked more than 50% of the time from home for a period of at least four consecutive weeks for pandemic-related reasons. An employee who was offered the option of working from home and chose to do so will also qualify for the flat rate deduction.

Employees who worked from home during 2021 and meet the eligibility criteria under both the new flat rate and older detailed method can choose which one to use. Those who want to determine which method gives a better tax result can calculate their actual costs on a T777 (available on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t777.html) and then decide which is the better option for them.

Detailed information on the two methods, including eligibility criteria and required documentation, can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-22900-other-employment-expenses/work-space-home-expenses.html.

Climate action incentive payment

In this case, the change is not a change to the tax rules, but rather the means by which, and the schedule on which, the tax benefit is delivered. Eligible taxpayers who live in Alberta, Saskatchewan, Manitoba, or Ontario can receive a tax-free Climate Action Incentive (CAI) payment, which is intended to help offset the impact of federal pollution pricing. For 2022, the basic amount of that incentive is $360, with higher amounts available to taxpayers who live in rural areas.

On the return for 2020, the CAI was claimed, and the payment delivered, as part of the tax filing process, with eligible taxpayers claiming the incentive by completing Schedule 14 of the return. Any incentive amount to which the taxpayer was entitled would then create or increase the refund owed to the taxpayer. Conversely, where the taxpayer owed money on filing, that tax bill would be reduced by the amount of any CAI to which the taxpayer was entitled.

On the return for 2021, most taxpayers do not need to complete Schedule 14 or make a specific claim for the CAI. The exception is taxpayers who live in rural areas, who must complete Schedule 14 in order to indicate their eligibility for the CAI rural supplement. For taxpayers who are not eligible for that rural supplement, the CRA will determine a taxpayer’s eligibility, and the amount of any CAI payable, based solely on information contained in the taxpayer’s return for the year. The major change, however, is that payment of the incentive to eligible taxpayers is not delivered as part of the tax filing process – in other words, it won’t create or increase a tax refund and it will not reduce any tax payment required on filing. That’s because, starting in 2022, the federal government intends to deliver the CAI as a quarterly benefit payment. Under that new system, one-quarter of the CAI for the year will be paid to eligible taxpayers in each of April, July, October, and December of the year. Since the information needed to determine a specific taxpayer’s eligibility will not be available until the return for 2021 is filed, the July 2022 payment will include a retroactive payment for April 2022 — it will, in effect, be a “double-up” payment, covering the first six months of 2022.

For 2022, the CAI is $360 for an adult, plus $180 for a spouse, plus $89 for each eligible child. More information on the CAI for 2022 is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/child-family-benefits/cai-payment.html.

Canada Workers’ Benefit

The CWB is a refundable tax credit provided to lower income working Canadians. The CWB is not new, but changes have been made for the 2021 tax year which both increase the amount of the benefit and expand its availability.

The CWB is claimed by completing and filing Schedule 6 of the annual tax return. And, while the calculations to be made on that Schedule are somewhat complex, the amounts which are available to eligible taxpayers (as set out on the CRA website) are:

• $1,395 for single individuals — the amount is gradually reduced if your adjusted net income is more than $22,944; no basic amount is paid if your adjusted net income is more than $32,244.
• $2,403 for families — the amount is gradually reduced if your adjusted family net income is more than $26,177; no basic amount is paid if your adjusted family net income is more than $42,197.

An additional amount (the CWB disability supplement) is also provided to taxpayers who are eligible for the federal disability tax credit.

The changes made to the CWB for 2021 will expand the number of taxpayers who are eligible for the credit. Consequently, taxpayers who were not eligible for the CWB in previous years would be well advised to complete Schedule 6 this year to determine whether, as the result of the change in the rules, they can now receive it.

Detailed information on the CWB for 2021 can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/child-family-benefits/witb-eligibility.html.

The list of financial assistance programs that have been provided by the federal government to support individual Canadians through two years of the pandemic is lengthy, detailed, and sometimes confusing. Unfortunately for the Canadian taxpayer, however, every one of those programs has one thing in common — benefits received are taxable income which must be reported on the return for the year in which they were received, and on which tax must be paid.

The list of financial assistance programs that have been provided by the federal government to support individual Canadians through two years of the pandemic is lengthy, detailed, and sometimes confusing. Unfortunately for the Canadian taxpayer, however, every one of those programs has one thing in common — benefits received are taxable income which must be reported on the return for the year in which they were received, and on which tax must be paid.

While fewer Canadians claimed and received such benefits during 2021 (as compared to 2020) there are still millions of taxpayers who will need to report pandemic benefits received during the year. It is possible, as well, that an individual taxpayer would have received pandemic benefits under more than one program during 2021, as the Canada Recovery Program (which included multiple types of benefits) ended in the fall of 2021 and was replaced by the Canada Worker Lockdown Benefit. The possible benefit programs from which benefits might have been received during 2021 therefore include the Canada Emergency Response Benefit (CERB), the Canada Emergency Student Benefit (CESB), the Canada Recovery Benefit (CRB), the Canada Recovery Sickness Benefit (CRSB), the Canada Recovery Caregiving Benefit (CRCB), and the Canada Worker Lockdown Benefit (CWLB). And, while tax was withheld from payments made under some (but not all) of these benefit programs, the amount withheld was a flat amount of 10% of the benefit, which was likely less than the amount of tax which will ultimately be payable on the benefit amount. The rules on how to determine the amount in taxable benefits received and how to report them on the return for 2021 are outlined below.

The good news is that those who received pandemic benefits of any kind during 2021 will not have to remember which benefit(s) they received or how much the payments were. Rather, such individuals will receive T4A slips from the Canada Revenue Agency (CRA), and those slips will summarize the amount in benefits received from each program.

Taxpayers who are registered to use the CRA’s online services will be able to access their T4A slips on the CRA website. Those who do not will have paper copies of the T4A slips mailed to them by the end of February 2022.

T4A slips issued will show, in separate boxes, the amount of benefit received during 2021 under each pandemic relief program. As a practical matter, however, the specific type of benefit doesn’t really matter when it comes to taxation of those benefits, since taxpayers must add up all of the benefit amounts listed on the T4A and report the total amount as a single figure on line 13000 of the 2021 income tax return.

It's somewhat confusing that line 13000 on the return doesn’t actually refer to pandemic benefits; rather, it is a line on which “other income” is reported. While there is a space on Line 13000 of the return on which taxpayers can specify the type(s) of “other income” being reported, filing instructions provided on the CRA website state only that taxpayers should “[E]nter the total amount you received on line 13000 of your tax return. If you are filing a paper return, specify the type of income you are reporting. Attach a list if you received more than one benefit.”

Among all of the benefit programs provided, tax was withheld from all benefits under the CRB, the CRSB, the CRCB, and the CWLB. Taxpayers who received such benefits will find an amount listed in Box 22 on the T4A. That number, which represents the amount of tax which the benefit recipient has already paid on those benefits, should be entered on Line 43700 of the return.

Taxpayers who received the Canada Recovery Benefit during 2021 and who had net income for the year of more than $38,000 may find themselves in the unenviable position of having to repay some of the CRB amounts received. The repayment rate is 50 cents of benefits received for every dollar of net income over the $38,000 threshold, to a maximum amount of total CRB benefits received. Where a taxpayer is preparing his or her return using tax preparation software, that software should do any required repayment calculation automatically and include any repayment amount in the total of tax payable for the year. Taxpayers completing a paper return will need to calculate any required repayment amount using a Worksheet (in the section under Social Benefits Repayment), which can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/tax-packages-years/general-income-tax-benefit-package/5000-d1.html.

While the number of different benefit programs under which benefits might have been received during 2021 is numerous, and the rules governing eligibility were certainly complex, reporting those benefits for tax purposes is really just a two-step process for taxpayers. First, add up all benefit amounts which appear in Boxes 197 to 199, Box 200, Box 211, and Boxes 202 to 204 on the T4A slip which was received. Take the total amount of such benefits and enter it on Line 13000 of the return. Next, if there is an amount appearing in Box 22 of the T4A, that number should be entered on Line 43700 of the return.

Detailed information on the taxation of pandemic benefits and how to report that income on the return can be found on the CRA website at https://www.canada.ca/en/services/taxes/income-tax/personal-income-tax/covid19-taxes/t4a-report/report-amounts.html#h-1.

Sometime during the month of February, millions of Canadians will receive mail from the Canada Revenue Agency (CRA). That mail, a “Tax Instalment Reminder”, will set out the amount of instalment payments of income tax to be paid by the recipient taxpayer by March 15 and June 15 of this year.

Sometime during the month of February, millions of Canadians will receive mail from the Canada Revenue Agency (CRA). That mail, a “Tax Instalment Reminder”, will set out the amount of instalment payments of income tax to be paid by the recipient taxpayer by March 15 and June 15 of this year.

Receiving an Instalment Reminder from the CRA won’t be a surprise for many recipients who have paid tax by instalments during previous tax years. For others, however, the need to make tax payments by instalment is a new and unfamiliar concept. That’s because for most Canadians — certainly most Canadians who earn their income through employment — the payment of income tax throughout the year is an automatic and largely invisible process, requiring no particular action on the part of the employee/taxpayer. Federal and provincial income taxes, along with Canada Pension Plan (CPP) contributions and Employment Insurance (EI) premiums, are deducted from each employee’s income and the amount deposited to an employee’s bank account is the net amount remaining after such taxes, contributions, and premiums are deducted and remitted on the employee’s behalf to the CRA. While no one likes having to pay taxes, having those taxes paid “off the top” in such an automatic way is, relatively speaking, painless. Such is not, however, the case for the sizeable minority of Canadians who pay their income taxes by way of tax instalments.

The CRA’s decision to send an Instalment Reminder to certain taxpayers isn’t an arbitrary one. Rather, an Instalment Reminder is generated when sufficient income tax has not been deducted from payments made to that taxpayer throughout the year. Put more technically, an instalment reminder will be issued by the CRA where the amount of tax which was or will be owed when filing the annual tax return is more than $3,000 in the current (2022) tax year and either of the two previous (2020 or 2021) tax years. Essentially, the requirement to pay by instalments will be triggered where the amount of tax withheld from the taxpayer’s income throughout the year is at least $3,000 less than their total tax owed for 2022 and either 2020 or 2021. For residents of Quebec, that threshold amount is $1,800.

Such obligation arises on a regular basis for those who are self-employed, or course, and generally for those whose income is largely derived from investments. The group of recipients of a tax instalment reminder often also includes retired Canadians, especially the newly retired, for two reasons. First, while most employees have income from only a single source — their paycheque — retirees often have multiple sources of income, including Canada Pension Plan (CPP) and Old Age Security (OAS) payments, private retirement savings and, sometimes, employer-provided pensions. And, while income tax is deducted automatically from one’s paycheque, that’s not the case for most sources of retirement income. Relatively few new retirees realize that it’s necessary to make arrangements to have tax deducted “at source” from either their government source income (like CPP or OAS payments) or private retirement income like pensions or registered retirement income fund withdrawals, and to make sure that the total amount of those deductions is sufficient to pay the total tax bill for the year. It is that group of individuals, who may be surprised and puzzled by the arrival of an unfamiliar “Instalment Reminder” from the CRA. However, no matter what kind of income a taxpayer has received, or why sufficient tax has not been deducted at source, the options open to a taxpayer who receives such an Instalment Reminder are the same.

First, the taxpayer can pay the amounts specified on the Reminder, by the March and June payment due dates. Choosing this option will mean that the taxpayer will not face any interest or penalty charges, even if the amount paid by instalments throughout the year turns out to be less than the taxes actually payable for 2022. If the total of instalment payments made during 2022 turn out to more than the taxpayer’s total tax liability for the year, they will of course receive a refund when the annual tax return is filed in the spring of 2023.

Second, the taxpayer can make instalment payments based on the amount of tax which was owed for the 2021 tax year. Where a taxpayer’s income has not changed significantly between 2021 and 2022 and their available deductions and credits remain the same, the likelihood is that total tax liability for 2022 will be slightly less than it was in 2021, as the result of the indexation of both income tax brackets and tax credit amounts.

Third, the taxpayer can estimate the amount of tax which they will owe for 2022 and can pay instalments based on that estimate. Where a taxpayer’s income will decrease significantly from 2021 to 2022, such that their tax bill will also be substantially reduced, this option can make the most sense.

A taxpayer who elects to follow the second or third options outlined above will not face any interest or penalty charges if there is no additional tax payable when the return for the 2022 tax year is filed in the spring of 2023. However, should instalments paid have been late or insufficient, the CRA will impose interest charges, at rates which are higher than current commercial rates. (The rate charged for the first quarter of 2022 — until March 31, 2022 — is 5%.) As well, where interest charges are levied, such interest is compounded daily, meaning that on each successive day, interest is levied on the previous day’s interest. It’s also possible for the CRA to levy penalties for overdue or insufficient instalments, but that is done only where the amount of instalment interest charged for the year is more than $1,000.

Most Canadian taxpayers are understandably disinclined to pay their taxes any sooner than absolutely necessary. However, ignoring an Instalment Reminder is never in the taxpayer’s best interests. Those who don’t wish to involve themselves in the intricacies of tax calculations can simply pay the amounts specified in the Reminder. The more technical-minded (or those who want to ensure that they are paying no more than absolutely required, and are willing to take the risk of having to pay interest on any shortfall) can avail themselves of the second or third options outlined above.

To help taxpayers make a decision on how to respond to an Instalment Reminder, detailed information on the instalment payment system is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/making-payments-individuals/paying-your-income-tax-instalments.html.

Income tax is a big-ticket item for most retired Canadians. Especially for those who are no longer paying a mortgage, the annual tax bill may be the single biggest expenditure they are required to make each year. Fortunately, the Canadian tax system provides a number of tax deductions and credits available only to those over the age of 65 (like the age credit) or only to those receiving the kinds of income usually received by retirees (like the pension income credit), in order to help minimize that tax burden. And, in most cases, the availability of those credits is flagged, either on the income tax form which must be completed each spring or on the accompanying income tax guide.

Income tax is a big-ticket item for most retired Canadians. Especially for those who are no longer paying a mortgage, the annual tax bill may be the single biggest expenditure they are required to make each year. Fortunately, the Canadian tax system provides a number of tax deductions and credits available only to those over the age of 65 (like the age credit) or only to those receiving the kinds of income usually received by retirees (like the pension income credit), in order to help minimize that tax burden. And, in most cases, the availability of those credits is flagged, either on the income tax form which must be completed each spring or on the accompanying income tax guide.

There is, however, another income tax saving strategy which is not nearly as well-known. Even more unfortunate is the fact that the benefits of that strategy (and the ease with which it can be accomplished) aren’t readily apparent from either the tax return form or the annual income tax guide. That tax saving strategy is pension income splitting and it’s likely the case that many taxpayers who could benefit aren’t familiar with the strategy, especially if they are not receiving professional tax planning or tax return preparation advice.

That’s a particularly unfortunate reality because pension income splitting has the potential to generate more tax savings among taxpayers over the age of 65 (and certainly those over the age of 71, for whom RRSP contributions are no longer possible) than just about any other tax planning strategy available to retirees. In addition, it’s one of the very few tax planning strategies which requires no expenditure of funds on the part of the taxpayer, and which can be implemented after the end of the tax year, at the time the return for that tax year is filed.

When described in those terms, pension income splitting can sound like one of those “too good to be true” tax scams, but that’s not the case. Essentially, what pension income splitting offers is a government-sanctioned opportunity for Canadian residents who are married (and, usually, where recipient spouse is aged 65 or older) to make a notional reallocation of private pension income between them on their annual tax returns, and to benefit from a lower overall family tax bill as a result.

Pension income splitting, like all forms of income splitting, works because Canada has what is called a “progressive” tax system, in which the applicable tax rate goes up as income rises. For 2021, the federal tax rate applied to about the first $49,000 of taxable income is 15%, while the federal rate applied to approximately the next $49,000 of such income is 20.5%. So, an individual who has $98,000 in taxable income would pay federal tax of about $17,395: if that $98,000 was divided equally between such individual and their spouse, each would have $49,000 in taxable income and federal tax payable of $7,350 each. The total federal family tax bill would be $14,700.

The general rule with respect to pension income splitting is that a taxpayer who receives private pension income during the year is entitled to allocate up to half that income (without any dollar limit) to their spouse for tax purposes. In this context, private pension income means a pension received from a former employer and, where the income recipient is age 65 or older, payments from an annuity, a registered retirement savings plan (RRSP) or a registered retirement income fund (RRIF). Government source pensions, like the Canada Pension Plan, Quebec Pension Plan, or Old Age Security payments do not qualify for pension income splitting, regardless of the age of the recipient.

The mechanics of pension income splitting are relatively simple. There is no need to transfer funds between spouses or to make any change in the actual payment or receipt of qualifying pension amounts, and no need to notify a pension administrator. Taxpayers who wish to split eligible pension income received by either of them must each file Form T1032, Joint Election to Split Pension Income for 2021, with their annual tax return. That form, which is not included in the annual tax return package, can be found on the Canada Revenue Agency (CRA) website at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/t1032.html, or can be ordered by calling 1-800-959-8281.

On the T1032, the taxpayer receiving the private pension income and the spouse with whom that income is to be split must make a joint election to be filed with their respective tax returns for 2021. Since the splitting of pension income affects the income and therefore the tax liability of both spouses, the election must be made and the form filed by both spouses — an election filed by only one spouse or the other won’t suffice. In addition to filing the T1032, the spouse who is actual recipient of the pension income to be split must deduct from income the pension income amount allocated to their spouse. That deduction is taken on Line 21000 of their 2021 return. And, conversely, the spouse to whom the pension income amount is being allocated is required to add that amount to their income on the return, this time on Line 11600. Essentially, to benefit from pension income splitting, all that’s needed is for each spouse to file a single form with the CRA and to make a single entry on their 2021 tax return.

By the end of February or early March, taxpayers will have received (or downloaded) the information slips which summarize the income received from various sources during 2021. At that time, couples who might benefit from this strategy can review those information slips and calculate the extent to which they can make a dent in their overall tax bill for the year through a little judicious pension income splitting.

Those wishing to obtain more information on pension income splitting than is available in the 2021 General Income Tax and Benefit Guide should refer to the CRA website at http://www.cra-arc.gc.ca/pensionsplitting/, where more detailed information is available.

If there is one invariable “rule” of financial and retirement planning of which most Canadians are aware, it is the unquestioned wisdom of making regular contributions to one’s registered retirement savings plan (RRSP). And it is true that for several decades the RRSP was only tax-sheltered savings and investment vehicle available to most individual Canadians.

If there is one invariable “rule” of financial and retirement planning of which most Canadians are aware, it is the unquestioned wisdom of making regular contributions to one’s registered retirement savings plan (RRSP). And it is true that for several decades the RRSP was only tax-sheltered savings and investment vehicle available to most individual Canadians.

In 2009, however, that reality changed with the introduction of Tax-Free Savings Accounts (TFSAs). Since then, taxpayers have had a choice of which savings and investment vehicle better meets their short-term and long-term tax and personal finance objectives, and this is the time of year when most Canadians must make that choice.

It should be said that there’s nothing wrong, and a lot right, with making the maximum allowable contribution to both of one’s TFSA and RRSP every year. However, doing both assumes the availability of a level of discretionary income that just isn’t the financial reality in which most Canadians live and plan. In addition, there are circumstances in which making a contribution to one type of plan or the other is clearly the better choice, and sometimes the only choice. Some of those circumstances are as follows.

For Canadians over the age of 71, there is no choice. All individual Canadians must collapse their RRSPs by the end of the year in which they turn 71, and no RRSP contributions can be made after that time. A TFSA is the only tax-sheltered savings vehicle to which taxpayers over age 71 can contribute. Many of those taxpayers, however, have transferred their RRSP savings to a registered retirement income fund (RRIF) and are required to withdraw a specified percentage of funds from that RRIF each year. For taxpayers who are in the fortunate position of having such income in excess of current cash flow needs, that excess can be contributed to a TFSA. While the RRIF withdrawals must still be included in income and taxed in the year of withdrawal, transferring the funds to a TFSA will allow them to continue compounding free of tax and no additional tax will be payable when and if the funds are withdrawn. And, unlike RRIF or RRSP withdrawals, monies withdrawn in the future from a TFSA will not affect the planholder’s eligibility for Old Age Security benefits or for the federal age credit.

The minority of working taxpayers who are members of registered pension plans (RPPs) will also likely find savings through a TFSA the better or even the only option. The maximum amount which can be contributed to an RRSP in a given year is generally 18% of the previous year’s income, to a specified dollar amount ceiling. However, any allowable contribution is reduced, for members of RPPs, by the amount of benefits accrued during the year under their pension plan. Where the RPP is a particularly generous one, RRSP contribution room may be minimal, or even non-existent, and a TFSA contribution the logical alternative.

At the other end of the age spectrum, younger Canadians whose savings goals are likely more short-term are usually better off saving through a TFSA. Where savings are being accumulated for an expenditure which is likely to occur within the next five years (e.g., putting together money for a new car or for a down payment), the TFSA is clearly the better choice. Taxpayers in that situation are sometimes tempted to make an RRSP contribution instead, in order to get a tax refund, and then to withdraw the funds when the planned expenditure is to be made. However, while choosing that option will provide a deduction on this year’s return and probably generate a tax refund, tax will still have to be paid when the funds are withdrawn from the RRSP a year or two later. And, more significantly from a long-term point of view, using an RRSP in this way will eventually erode one’s ability to save for retirement, as RRSP contributions which are withdrawn from the plan cannot be replaced. While the amounts involved may seem small, the loss of compounding on even a relatively small amount over 25 or 30 years can make a significant dent in one’s ability to save for retirement.

The greatest tax benefit of contributing to an RRSP is realized when contributions are made when income (and therefore tax payable) is high, and the intention is to withdraw those funds when both income and the rate of tax payable on that income is lower. Where that’s not the case, saving through a TFSA can make more sense, as in the following situations.

Taxpayers who are expecting their income to rise significantly within a few years — e.g., students in post-secondary or professional education or training programs — can save some tax by contributing to a TFSA while they are in school and their income (and therefore their tax rate) is low, allowing the funds to compound on a tax-free basis, and then withdrawing the funds tax-free once they’re working, when their tax rate will be higher. At that time, the withdrawn funds can be used to make an RRSP contribution, which will be deducted against income which would be taxed at the much higher rate, generating a tax savings. And, if a need for funds should arise in the meantime, a tax-free TFSA withdrawal can always be made.

Lower income taxpayers, for whom there isn’t likely to be a great difference between pre-retirement and post-retirement income are likely better off saving through a TFSA. That’s especially the case where those taxpayers may be eligible in retirement for means-tested government benefits like the Guaranteed Income Supplement or tax credits like the GST/HST credit or age credit. Withdrawals made from an RRSP or RRIF during retirement will be included in income for purposes of determining eligibility for such benefits or credits, and lower-income taxpayers could find that such withdrawals have pushed their income to a level which reduces or eliminates their eligibility. On the other hand, monies withdrawn from a TFSA are not included in income for the purpose of determining eligibility for any government benefits or tax credits, so saving through a TFSA will ensure that receipt of such benefits is not put at risk.

As is the case with most tax and financial planning questions, there isn’t a universal right or wrong answer when it comes to decisions on contributing to a TFSA and/or an RRSP. What is certain, however, is that the best choice for any individual is the one which takes account of their particular tax and financial realities and prospects — both current and future.

As the pandemic continued past 2020 and through 2021, it is likely that employees who were able to work from home spent at least part of the 2021 tax year doing just that. And, as was the case in 2020, those workers may be entitled to claim a deduction on their 2021 tax return for home office expenses incurred.

As the pandemic continued past 2020 and through 2021, it is likely that employees who were able to work from home spent at least part of the 2021 tax year doing just that. And, as was the case in 2020, those workers may be entitled to claim a deduction on their 2021 tax return for home office expenses incurred.

Employees who work from home have always, assuming the requisite criteria are satisfied, been able to claim a portion of household expenses incurred. Doing so required the employee to obtain certification from the employer of the work from home arrangement, calculate household expenses incurred, determine the portion of such expenses which were attributable to the home office, and to claim that amount on the annual return. For 2020, however, the Canada Revenue Agency (CRA), recognizing the greatly increased number of taxpayers who would be claiming home office expenses for the first time, provided a new, temporary “flat rate” method of calculating the deduction for such expenses. The CRA has indicated that that flat rate method will continue to be allowed for both 2021 and 2022.

Although the flat rate method is widely available, taxpayers who wish to do so and who qualify are still entitled to use the pre-existing detailed method under which actual eligible expenses incurred during the year are tallied and a percentage of those expenses claimed on the 2021 tax return.

In order to claim a deduction for costs related to a work from home space using the detailed method, an employee must meet at least one of the following conditions:

• the employee worked from home during 2021 as a consequence of the pandemic (including employees who were given a choice and elected to work from home); or
• the employee was required by their employer to work from home during 2021.

In addition, at least one of the following criteria must also be satisfied in order to claim work from home costs under the detailed method:

• the work at home space is where the individual mainly (more than 50% of the time) did their work for a period of at least four consecutive weeks during 2021; or
• the individual uses the workspace only to earn their employment income; they must also use it on a regular and continuous basis for meeting clients, customers, or other people in the course of their employment duties.

Once these threshold criteria are met, a broad range of costs become deductible by the employee. Specifically, a salaried employee can claim and deduct the part of specified costs that relate to their work space, such as rent, utilities costs like electricity, heating, water (or the portion of a condo fee attributable to such utilities costs), home maintenance, and minor repair costs and internet access (but not internet connection) fees.

Once total expenses are tallied, the taxpayer must determine the percentage of those expenses which can be deducted as home office expenses, and the CRA provides detailed information on its website of how such determination is made. Generally, the employee determines that percentage based on the square footage of the workspace as a percentage of the overall square footage of the home. Where the work space is not a separate room but is a shared space like a dining room, the employee must also calculate the number of hours for which that space is dedicated to work from home activities. Detailed information on how to make those calculations (including an online calculator) can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-22900-other-employment-expenses/work-space-home-expenses/work-space-use.html.

In all cases, the CRA can ask the taxpayer to provide documentation and support for claims made using the detailed method.

There is one further requirement for employees who seek to deduct costs incurred in relation to a home office using the detailed method. Each such employee must obtain either a Form T2200S, Declaration of Conditions of Employment for Working at Home Due to COVID-19, or Form T2200, Declaration of Conditions of Employment. On those forms, the employer must certify the work from home arrangement and confirm that the employee is required to pay their own home office expenses and is not being reimbursed for any such expenses incurred. Where there is any kind of reimbursement provided, the employer must specify the type of expense reimbursed, and the amount of reimbursement. And, of course, the employee cannot claim a deduction for any expenses for which reimbursement was received.

While the detailed method outlined above can create substantial deductions for employees who work from home, it is apparent that making such a claim involves considerable record keeping and paperwork. Taxpayers who would prefer not to undertake that task can instead avail themselves of the flat rate method.

Conversely, in order to claim a deduction for costs related to a work from home space using the flat rate method, an employee must meet the following conditions:

• the employee worked from home during 2021 as a consequence of the pandemic (including employees who were given a choice and elected to work from home); and
• the employee worked from home for more than 50% of the time for a period of at least four consecutive weeks during 2021.

In addition, the following criteria must both be satisfied:

• the employee is not claiming any employment expenses other than home office expenses; and
• the employer did not reimburse all of the employee’s home office expenses for the year; where the employer reimburses only a portion of such expenses, the employee may still make a claim under the flat rate method, assuming the other criteria are met.

A taxpayer who meets all of the criteria for using the flat rate method can claim $2 for each day they worked from home during the four-consecutive-week qualifying period. They can then claim $2 per day for any additional days of working from home during the year. However, there is an overall cap on the amount of home office expenses which can be claim under the flat rate method. For 2021 the maximum which can be claimed is $500. There is no requirement that the employee obtain a T2200 or a T2200S from the employer in order to make a flat rate claim, and no requirement that the employee keep or provide receipts for any costs incurred.

There is no general rule of thumb which can be used to determine whether the flat rate method or the detailed method will give a better tax result — that determination can only be made where the available deduction is calculated under each method and a comparison made of the result. Taxpayers who don’t want to undertake that effort (or don’t have the records needed to calculate or support such a claim using the detailed method) and who meet the required criteria for the flat rate method can simply multiply the number of work-from-home days (up to a maximum of 250 days, or $500.) and claim the resulting figure on line 22900 of the 2021 tax return.

While calculating the expenses which qualify for a home office expense deduction isn’t particularly complicated, the eligibility criteria for the deduction and determining the percentage of expenses eligible for that deduction can be detailed, especially as the range of work from home arrangements and work from home work spaces is almost limitless. The CRA has provided on its website a very helpful summary of both the general rules for claiming home office expenses for 2021, as well as guidance with respect to particular situations — e.g., where two spouses share the same home office space. That information and guidance (including an FAQ document) can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-22900-other-employment-expenses/work-space-home-expenses.html.

The Employment Insurance premium rate for 2022 is unchanged at 1.58%.

The Employment Insurance premium rate for 2022 is unchanged at 1.58%.

Yearly maximum insurable earnings are set at $60,300, making the maximum employee premium $952.74.

As in previous years, employer premiums are 1.4 times the employee premium. The maximum employer premium for 2022 is therefore $1,333.84.

The Quebec Pension Plan contribution rate for 2022 is set at 6.15% of pensionable earnings for the year.

The Quebec Pension Plan contribution rate for 2022 is set at 6.15% of pensionable earnings for the year.

Maximum pensionable earnings for the year will be $64,900, and the basic exemption is unchanged at $3,500.

The maximum employer and employee contributions to the plan for 2022 will be $3,776.10 each.

The Canada Pension Plan contribution rate for 2022 is set at 5.7% of pensionable earnings for the year.

The Canada Pension Plan contribution rate for 2022 is set at 5.7% of pensionable earnings for the year.

Maximum pensionable earnings for the year will be $64,900, and the basic exemption is unchanged at $3,500.

The maximum employer and employee contributions to the plan for 2022 will be $3,499.80 each, and the maximum self-employed contribution will be $6,999.60.

Dollar amounts on which individual non-refundable federal tax credits for 2022 are based, and the actual tax credit claimable, will be as follows:

Dollar amounts on which individual non-refundable federal tax credits for 2022 are based, and the actual tax credit claimable, will be as follows:

                                                                       Credit amount                        Tax credit

Basic personal amount*                                         14,398                               2,159.70

Spouse or common law partner amount*                14,398                              2,159.70

Eligible dependant amount*                                   14,398                               2,159.70

Age amount                                                           7,898                               1,184.70

Net income threshold for erosion of age credit         39,826

Canada employment amount                                  1,287                                 193.05

Disability amount                                                  8,870                                1330.50

Adoption expenses credit                                      17,131                              2,569.65

Medical expense tax credit

Income threshold amount                                      2,479

*For taxpayers having net income for the year of more than $155,625, amounts claimable for the basic personal amount, the spousal amount, and the eligible dependant amount for 2022 may differ.

The indexing factor for federal tax credits and brackets for 2022 is 2.4%. The following federal tax rates and brackets will be in effect for individuals for the 2022 tax year.

The indexing factor for federal tax credits and brackets for 2022 is 2.4%. The following federal tax rates and brackets will be in effect for individuals for the 2022 tax year.

Income level                                            Federal tax rate

$14,398 – $50,197                                        15%

$50,198 – $100,392                                     20.5%

$100,393 – $155,625                                    26%

$155,626 – $221,708                                    29%

Over $221,708                                              33%

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

They can be accessed below.

Corporate:

Issue #58 Corporate

Personal:

Issue #58 Personal

The Canadian tax system is a “self-assessing system” which relies heavily on the voluntary co-operation of taxpayers. Canadians are expected (in fact, in most cases, required), to complete and file a tax return each spring, reporting income from all sources, calculating the amount of tax owed and remitting that amount to the federal government by a specified deadline. Although the rate of compliance among Canadian taxpayers is very high — just over 30 million individual income tax returns for the 2019 tax year were filed with the Canada Revenue Agency (CRA) between February and October of 2020 — there are, inevitably, those who do not either file or pay on time.

The Canadian tax system is a “self-assessing system” which relies heavily on the voluntary co-operation of taxpayers. Canadians are expected (in fact, in most cases, required), to complete and file a tax return each spring, reporting income from all sources, calculating the amount of tax owed and remitting that amount to the federal government by a specified deadline. Although the rate of compliance among Canadian taxpayers is very high — just over 30 million individual income tax returns for the 2019 tax year were filed with the Canada Revenue Agency (CRA) between February and October of 2020 — there are, inevitably, those who do not either file or pay on time.

There are a lot of reasons why individual Canadians don’t file their returns or pay their taxes on a timely basis, and almost all of them are based on a lack of understanding of how our tax system works, or on incorrect information about that system. In addition, there are a number of Canadians who file returns in which income amounts are underreported and/or deductions or credits to which that taxpayer is not entitled are claimed.

While the overall percentage of taxpayers who don’t file or pay on time, or who file returns which are not accurate isn’t high, there are a lot of such returns when measured by absolute numbers. And, although each such instance of non-compliance represents lost revenue to the Canadian government, the resources needed to track down each and every instance of non-compliance simply aren’t available, especially since, in many cases, the amount recovered may be less than the costs which must be incurred to recover that amount.

With all of that in mind, several years ago the CRA instituted a program — the Voluntary Disclosure Program, of VDP — intended to encourage non-compliant taxpayers to come forward and put their tax affairs in order. The incentive to do so arose from the fact that, in most cases, while taxpayers who participate in the VDP program have to pay outstanding tax amounts owed, plus interest, they avoid the penalties which would normally be imposed and, in addition, avoid the risk of criminal prosecution.

To qualify for relief under the VDP, an application made with respect to non-compliance with income tax filing and payment obligations must:

• be voluntary (meaning that it is done before the taxpayer becomes aware of any compliance or enforcement action by the CRA);
• be complete;
• involve the application or potential application of a penalty;
• include information that is at least one year past due; and
• include payment of the estimated tax owing.

The VDP program includes two separate “tracks” for income tax disclosures — the Limited Program and the General Program — and the kind and extent of relief available depends on the track to which a particular application is assigned.

While the CRA will make a determination of whether an application should proceed under the Limited or the General Program on a case-by-case basis, there are guidelines in place. The CRA’s intention is to restrict the Limited Program to instances in which applications disclose non-compliance which appears to include intentional (as distinct from inadvertent) conduct on the part of the taxpayer. In making its determination of the appropriate track for a disclosure, the factors which the CRA will consider include the following:

• the dollar amounts involved;
• the number of years of non-compliance; and
• the sophistication of the taxpayer; and
• whether efforts were made to avoid detection through the use of offshore vehicles or other means.

Those whose applications are accepted under the Limited Program will not be subject to criminal prosecution and will be exempt from the more stringent penalties which usually apply in cases of gross negligence on the part of the taxpayer. Interest on outstanding tax balances will be payable, however, and other penalties will be levied.

Taxpayers whose conduct does not consign them to the Limited Program will instead be considered under the General Program. Under that Program, no penalties will be charged and no criminal prosecutions will take place. As well, the CRA will provide partial interest relief, specifically for the years preceding the three most recent years of non-compliance — i.e., for the years preceding the three most recent years of returns required to be filed. For example, a taxpayer who makes an application to the VDP and who has failed to file returns for the 2013 through 2018 taxation years may be provided with interest relief with respect to taxes owed for the 2013, 2014, and 2015 taxation years. Such relief is generally equal to 50% of interest owed — in other words, the taxpayer will be required to pay only half of the interest charges which would otherwise be levied for those years. No interest relief will, however, be provided on tax amounts owed for the three most recent (2016, 2017, and 2018) taxation years. Since interest charges levied by the CRA are, by law, higher than current commercial rates (for instance, the rate levied for the fourth quarter of 2020 is 5%) and interest charged is compounded daily, having interest amounts forgiven, even in part, can make a significant difference to the overall tax bill faced by the taxpayer.

In order to benefit from the VDP, taxpayers must first make an application to the program. That application must include payment of the estimated taxes owing, as a condition of participation in the VDP. Where a taxpayer is financially unable to make that tax payment, he or she can request that the CRA consider a payment arrangement.

The decision to apply to the VDP and to “come clean” about all previous tax transgressions is something that most taxpayers will likely consider with considerable trepidation. Those who are unsure about whether they want to move forward with a VDP application have the option of using the CRA’s “pre-disclosure discussion service”. As the name implies, that service allows taxpayers to participate in preliminary discussions with a CRA official, on an anonymous basis, to gain some knowledge about the VDP program, the process involved, and the potential relief available.

Taxpayers who decide to move forward with an application to the VDP can complete and file Form RC199, Voluntary Disclosures Program Application, which is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/rc199.html. Once the application is received, the CRA will check to make certain that the applicant is eligible to apply and that all of the required information, documentation, and payment has been sent. The next step is for the CRA to evaluate the application to ensure that the criteria for participation in the VDP are satisfied and, if so, to determine the program (Limited or General) to which the application should be assigned, and the taxation year(s) for which relief is being considered. At each step the taxpayer will be provided with written notice of the CRA’s decisions. The CRA’s advice is that taxpayers should contact them (for individual taxpayers, by calling the Individual Income Tax Enquiries line at 1-800-959-8281) if they have not heard from the CRA within four or five weeks of submitting an application.

If the decision made is that the application is not eligible for the VDP, the taxpayer will also be advised in writing, with reasons, of the CRA’s decision to deny the application.

Where the decision made by the CRA is one with which the taxpayer does not agree, he or she is entitled to ask for a second review of the application. If that decision is also unfavourable, it is possible for a taxpayer to ask a court to review the decision and direct the CRA to re-consider the VDP application. However, a taxpayer who wishes to pursue his or her application to the extent of filing such a court application is well advised to obtain legal advice before doing so.

Finally, taxpayers should recognize that the VDP Program can’t be used as a kind of “get out of jail free card” with respect to repeated failures to meet tax filing and payment obligations. The CRA website makes it clear that the CRA expects taxpayers who have benefitted from the VDP to thereafter meet their tax obligations, and a second review will be provided for the same taxpayer only in unusual situations where the circumstances are beyond the taxpayer’s control.

Detailed information on the VDP program can be found on the CRA website at https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/voluntary-disclosures-program-overview.html.

One of the more unexpected effects of the current pandemic has been the impact on the Canadian real estate market. In each of July, August, and September 2020 the number of home sales, especially in major cities, has set a year-over-year record and, in many of the same places, the vacancy rate for rental accommodation has gone up.

One of the more unexpected effects of the current pandemic has been the impact on the Canadian real estate market. In each of July, August, and September 2020 the number of home sales, especially in major cities, has set a year-over-year record and, in many of the same places, the vacancy rate for rental accommodation has gone up.

There are a number of possible explanations for the surge in real estate sales. Interest rates are at historic lows — a five-year mortgage can be obtained for a rate of less than 2%. As well, pre-pandemic, Canadians generally sought to live as close as possible to their workplaces, in order to minimize the cost and time involved in the daily commute. Now that millions of Canadians are working from home (and the likelihood that such arrangements will continue for some time to come, or even become permanent) it’s become possible for them to move further out from the major urban centres, where it’s also usually possible to buy a bigger house for less money.

The other driver of changes in the real estate market is less positive — as many Canadians have lost their jobs or had their hours and therefore their income reduced, their changed financial circumstances have forced a move to find new employment.

For any number of reasons, a lot of Canadians will be moving this fall. And, whatever the reason for the move or the distance to the new location, all moves have two things in common — stress and cost. Even where the move is a desired one, moving inevitably means upheaval of one’s life and the costs can be very significant. There is not much that can diminish the stress of moving, but the associated costs can be offset somewhat by a tax deduction which may be claimed for many of those costs.

While it’s common to refer simply to the “moving expense deduction”, as though it were available in all circumstances, the fact is that there is actually no across-the-board deduction available for moving costs. In order to be tax deductible, such moving costs must be incurred in specific and relatively narrow circumstances. Our tax system allows taxpayers to claim a deduction only where the move is made to get the taxpayer closer to his or her new place of work, whether that work is a transfer, a new job, or self-employment. Specifically, moving expenses can be deducted where the move is made to bring the taxpayer at least 40 kilometres closer to his or her new place of work. That requirement is satisfied where, for instance, a taxpayer moves from Toronto to Halifax to take a new job. It is also met where a taxpayer is transferred by his or her employer to another job in a different location and the taxpayer’s move will bring him or her at least 40 kilometres closer to the new work location. It’s not met where an individual or family move up the property ladder by selling and purchasing a new home in the same town or city, without any change in work location.

It is not, as well, actually necessary to be a homeowner in order to claim moving expenses. The list of moving-related expenses which may be deducted is basically the same for everyone — homeowner or tenant — who meets the 40-kilometre requirement. Students who move to take a summer job (even if that move is back to the family home) can also make a claim for moving expenses where that move meets the 40-kilometre requirement.

It is important to remember, however, that even where the 40-kilometre requirement is met, it is possible to deduct moving costs only from employment or self-employment (business) income — there is no deduction possible from other types of income, like investment income or employment insurance benefits.

The general rule is that a taxpayer can claim reasonable amounts that were paid for moving himself or herself, family members, and household effects. In all cases, the moving expenses must be deducted from employment or self-employment income earned at the new location. Where the move takes place later in the year, and moving costs are significant, it is possible that the amount of income earned at the new location in the year of the move will be less than deductible moving expenses incurred. In such instances, those expenses can be carried over and deducted from income earned at the new location in any future year.

Within the general rule, there are a number of specific inclusions, exclusions, and limitations. The following is a list of expenses which can be claimed by the taxpayer without specific dollar figure restrictions (but subject, as always, to the overriding requirement of “reasonableness”).

• traveling expenses (including vehicle expenses), meals, and accommodation, to move the taxpayer and members of his or her family to their new residence (note that not all members of the household have to travel together or at the same time);
• transportation and storage costs (such as packing, hauling, movers, in-transit storage, and insurance) for household effects, including such items as boats and trailers;
• costs for up to 15 days for meals and temporary accommodation near the old and the new residences for the taxpayer and members of the household;
• lease cancellation charges (but not rent) on the old residence;
• legal or notary fees incurred for the purchase of the new residence, together with any taxes paid for the transfer or registration of title to the new residence (excluding GST or HST);
• the cost of selling the old residence, including advertising, notary or legal fees, real estate commissions, and any mortgage penalties paid when a mortgage is paid off before maturity; and
• the cost of changing an address on legal documents, replacing driving licences and non-commercial vehicle permits (except insurance), and costs related to utility hook-ups and disconnections.

When real estate markets are slow, or a move must be made in a short time frame, it sometimes happens that a move to the new home takes place before the old residence is sold. In most such circumstances, the taxpayer is entitled to deduct up to $5,000 in costs incurred for the maintenance of that residence while it is vacant and efforts are being made to sell it. Specifically, costs including interest, property taxes, insurance premiums, and heat and utilities expenses paid to maintain the old residence while efforts were being made to sell it may be deducted. If any family members are still living at the old residence, or it is being rented, no such deduction is available. As well, a claim for such home maintenance expenses on a vacant house can be claimed only where reasonable efforts are being made to sell the property and is not permitted where the taxpayer delayed selling for investment purposes, or until the real estate market improved.

It may seem from the foregoing that virtually all moving-related costs will be deductible — however, there are some costs for which the Canada Revenue Agency (CRA) will not permit a deduction to be claimed, as follows:

• expenses for work done to make the old residence more saleable;
• any loss incurred on the sale of the old residence;
• expenses for job-hunting or house-hunting trips to another city (e.g., costs to travel to job interviews or meet with real estate agents);
• expenses incurred to clean or repair a rental residence to meet the landlord’s standards;
• costs to replace such personal-use items as drapery and carpets; and
• mail forwarding costs; and
• mortgage default insurance.

To claim a deduction for any eligible costs incurred, supporting receipts must be obtained. While the receipts do not have to be filed with the return on which the related deduction is claimed, they must be kept in case the CRA wants to review them.

Anyone who has ever moved knows that there are an endless number of details to be dealt with. For some types of costs, the administrative burden of claiming moving-related expenses can be minimized by choosing to claim a standardized amount for certain types of expenses. Specifically, the CRA allows taxpayers to claim a fixed amount, without the need for detailed receipts, for travel and meal expenses related to a move. Using that standardized, or flat rate method, taxpayers may claim up to $17 per meal, to a maximum of $51 per day, for each person in the household. Similarly, the taxpayer can claim a set per-kilometre amount for kilometres driven in connection with the move. The per-kilometre amount ranges from 48 cents for Alberta to 64.5 cents for the Northwest Territories. In all cases, it is the province or territory in which the travel begins which determines the applicable rate.

These standardized travel and meal expense rates are those which were in effect for the 2019 taxation year — the CRA will be posting the rates for 2020 on its website early in 2021, in time for the tax filing season.

Once eligibility for the moving expense deduction is established, the rules which govern the calculation of the available deduction are not complex, but they are very detailed. The best summary of those rules is found on the form used to claim such expenses — the T1-M. The current version of that form can be found on the CRA’s website at https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/t1-m/t1-m-17e.pdf, and more information (including a link to rates for standardized meal and travel cost claims) is available at http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns206-236/219/menu-eng.html.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

They can be accessed below.

Corporate:

Issue #53 Corporate

Personal:

Issue #53 Personal

Each year, the due date for payment of all income tax amounts owed for the previous year falls on April 30. In 2020, however, that payment deadline has been something of a moving target. Earlier this year, the federal government, in recognition of the financial disruption and hardship caused by the pandemic, extended the payment deadline by four months, to September 1, 2020. In mid-September that date was extended again, such that all individual income taxes owed for 2019 were due and payable by Wednesday September 30. There has been no further extension.

Each year, the due date for payment of all income tax amounts owed for the previous year falls on April 30. In 2020, however, that payment deadline has been something of a moving target. Earlier this year, the federal government, in recognition of the financial disruption and hardship caused by the pandemic, extended the payment deadline by four months, to September 1, 2020. In mid-September that date was extended again, such that all individual income taxes owed for 2019 were due and payable by Wednesday September 30. There has been no further extension.

Each year, for any number of reasons, there are taxpayers who cannot pay the tax amount they owe by the required deadline. This year, that number is likely to be higher than usual, because many Canadians have suffered a loss in income as the result of the pandemic and, for many, income has not returned to pre-pandemic levels. As well, benefits payable under the federal government’s major individual income replacement program — the Canada Emergency Response Benefit — came to an end at roughly the same time that final tax payments were due on September 30.

Where a taxpayer is unable, owing to financial difficulties, to pay their final tax balance as required, the Canada Revenue Agency (CRA) is willing to enter into a payment arrangement. Under such an arrangement, the outstanding amount owed can be paid over time, as the taxpayer’s financial circumstances allow.

There are two avenues available to taxpayers who want to avail themselves of such a payment arrangement. The first is a call to the CRA’s automated TeleArrangement service at 1-866-256-1147. When making such a call, it is necessary for the taxpayer to provide his or her social insurance number, date of birth, and the amount entered on line 15000 of the last tax return for which the taxpayer received a Notice of Assessment. (For taxpayers who are up to date on their tax filings, that will likely be the Notice of Assessment for the return for the 2018 tax year, or perhaps 2019, depending on when the return for 2019 was filed). The TeleArrangement Service is available Monday to Friday, from 7 a.m. to 10 p.m. EST.

Taxpayers who would rather speak directly to a CRA employee can call the CRA’s debt management call centre at 1-888-863-8657, or can complete an online form (available at https://apps.cra-arc.gc.ca/ebci/iesl/showClickToTalkForm.action) requesting a callback from a CRA agent.

The CRA also provides on online tool, in the form of a payment arrangement calculator (available at https://apps.cra-arc.gc.ca/ebci/recc/pac/prot/welcome?request_locale=en_CA), which allows the taxpayer to calculate different payment proposals, depending on his or her circumstances). That calculator includes interest charges since, no matter what payment arrangement is made, the CRA will levy interest charges on any amount of tax owed for the 2019 tax year which is not paid on or before September 30, 2020. Interest charges levied by the CRA tend to add up quickly, for two reasons. First, the interest charged by the CRA on outstanding tax amounts is, by law, higher than current commercial rates. For the fourth quarter of 2020 (October 1 to December 31), that rate is 5%. Second, interest charges levied by the CRA are compounded daily, meaning that each day interest is levied on the previous day’s interest charges. It is for these reasons that a taxpayer is, where at all possible, likely better off arranging private borrowing in order to pay any taxes owing by the September 30 deadline.

Taxpayers who are unable to pay their taxes on time are sometimes inclined to simply put off dealing with the problem, but that’s not a good strategy. Where amounts are owed, payment has not been made and no payment arrangement has been entered into, the CRA will ultimately commence collection actions. Where a taxpayer has communicated with the CRA with respect to the outstanding debt and reached an agreement on eventual payment, such collection action (and the possible repercussions to the taxpayer’s financial standing and credit rating) can be avoided.

When the Canada Pension Plan was introduced in 1965, it was a relatively simple retirement savings model. Working Canadians started making contributions to the CPP when they turned 18 years of age and continued making those contributions throughout their working life. Those who had contributed could start receiving the CPP retirement benefit at any time between the ages of 60 and 65. Once an individual was receiving retirement benefits, he or she was not required (or allowed) to make further contributions to the CPP, even if that individual continued to work. The CPP retirement benefit for which that individual was eligible therefore could not increase (except for inflationary increases) after that point.

When the Canada Pension Plan was introduced in 1965, it was a relatively simple retirement savings model. Working Canadians started making contributions to the CPP when they turned 18 years of age and continued making those contributions throughout their working life. Those who had contributed could start receiving the CPP retirement benefit at any time between the ages of 60 and 65. Once an individual was receiving retirement benefits, he or she was not required (or allowed) to make further contributions to the CPP, even if that individual continued to work. The CPP retirement benefit for which that individual was eligible therefore could not increase (except for inflationary increases) after that point.

Retirement looks a lot different now than it did it 1965, and the Canada Pension Plan has evolved and changed to recognize those differences. What that means for the average Canadian is much more flexibility in determining how to structure both their contributions to the CPP and the receipt of CPP retirement benefits.

While greater flexibility in retirement income planning is always a good thing, having more choices brings with it the need to determine which choices are the right ones in one’s particular circumstances. And, when it comes to CPP, many Canadians must decide on when it makes sense to stop making CPP contributions.

The need to make that choice arises where a decision is made to continue to stay in the work force, whether part-time or full-time, even after beginning to receive CPP retirement benefits. While it has always been possible to work while receiving such benefits, it was, until 2012, not possible to make CPP contributions related to that work. A change made in that year, however, allowed individuals who continued to work while receiving the CPP retirement benefit to also continue to contribute to the Canada Pension Plan and, as a result, increase the amount of CPP retirement benefit they received each month. That benefit is the CPP Post-Retirement Benefit or PRB.

The rules governing the PRB differ, depending on the age of the taxpayer. In a nutshell, an individual who has chosen to begin receiving the CPP retirement benefit but who continues to work will be subject to the following rules:

• Individuals who are 60 to 65 years of age and continue to work are required to continue making CPP contributions.
• Individuals who are 65 to 70 years of age and continue to work can choose not to make CPP contributions. To stop contributing, such an individual must fill out form https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt30.html. A copy of that form must be given to the individual’s employer and the original sent to the Canada Revenue Agency (CRA). An individual who has more than one employer must make the same choice (to continue to contribute or to cease contributions) for all employers and must provide a copy of Form CPT30 to each.

A decision to stop contributing can be changed, and contributions resumed, but only one change can be made per calendar year. To make that change, the individual must complete section D of CPT30 (found at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt30.html), give one copy of the form to his or her employer, and send the original to the CRA.

• Individuals who are over the age of 70 and are still working cannot contribute to the CPP.

Overall, the effect of these new rules is that CPP retirement benefit recipients who are still working and who are under age 65, as well as those who are between 65 and 70 and choose not to opt out, will continue to make contributions to the CPP system and will continue therefore to earn new credits under that system. As a result, the amount of retirement benefits which they are entitled to will increase with each year’s contributions.

Where an individual makes CPP contributions while working and receiving CPP retirement benefits, the amount of any CPP post-retirement benefit earned will automatically be calculated by the federal government, and the individual will be advised of any increase in that monthly CPP retirement benefit each year. The PRB will be paid to that individual automatically the year after the contributions are made, effective January 1 of every year. Since the federal government needs information about employer contributions made, the first annual payment of the PRB is usually issued in early April and includes a lump sum amount representing benefits back to January of that year. Thereafter, the PRB is paid monthly and the PRB amount is added to the individual’s CPP retirement benefit amount and issued as a single payment.

While the rules governing the PRB can seem complex (and certainly the actuarial calculations are), the individual doesn’t have to concern himself or herself with those technical details. For CPP retirement benefit recipients who are under age 65 or over 70, there is no decision to be made. For the former, CPP contributions will be automatically deducted from their paycheques and for the latter, no such contributions are allowed.

Individuals in the middle group — aged 65 to 70 — will need to make a decision about whether it makes sense, in their individual circumstances, to continue making contributions to the CPP. Some assistance in making that decision is provided on the federal government website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-post-retirement/benefit-amount.html, which shows the calculations which would apply for individuals of different ages and income levels.

More information on the PRB generally is also available on that website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-post-retirement.html.

Day trading remains alive and well in Canada notwithstanding the roller-coaster markets. Indeed, it is the very volatility of markets that attracts day traders who think they can reap profits by quick "in and out" forays.

The main focus of day traders from a tax perspective seems to be whether their profits are on income or capital accounts and whether they can guarantee capital treatment through the subsection 39(4) election. But a recent ruling letter from the Canada Revenue Agency confirms that there is a tax planning option available to day traders: incorporation of the operation while treating income as being from active business.

While the ruling letter was replete with the usual caveats ("depends on the facts"), it in effect ruled that where the traditional tests of an active business applied, a corporation carrying on day trading would be considered to be generating active business income.

The tests as set include:

  Frequency of transaction: a history of extensive buying and selling of securities or a quick turnover.

  Knowledge of the securities market: The taxpayer has some knowledge of or experience in the securities markets.

  Security transactions form a part of the taxpayer's ordinary business.

  Time spent: A substantial part of the taxpayer's time is spent studying the securities market and investigating potential purchases.

  Financing: Security purchases are financed primarily on margin or some form of debt.

  In the case of shares, their nature -- normally speculative in nature or of a non-dividend type.

These tests are taken from Interpretation Bulletin 479R and of course not every one of them must be met to be considered carrying on an active business.

There are some attractive aspects to setting up a company and carrying on active business, providing of course that the activities generate a reasonable flow of income and providing you are prepared to leave part of that income in the company.

 What are the benefits?

  The company will be taxed at preferential rates on its first $500,000 of active income, subject to the association rules. The actual rate depends on the province, but ranges from a high of about 19% in Quebec to a low of 13.5% in British Columbia (Ontario is at 16%). But note that the value of the low rate is lost to the extent that funds are paid out of the company, as they will be subject to tax in the hands of the recipient.

  It is easy to arrange to split income by having a spouse as a director, officer, employee or shareholder.

  Earning funds within a corporation allows flexibility as to how the funds are withdrawn (salary, bonus, dividends and perhaps interest) and the timing of the withdrawal ... allowing a deferral of recognition.

  The shares of the company may be eligible for the $750,000 capital gains deduction.

 Against these key benefits are some offsetting issues:

  The company will have to keep a separate set of books

  File its own tax returns and generally keep records.

  The cost of incorporating and maintaining corporate status, accounting fees and perhaps legal fees.

 Generally, I do not recommend incorporation where the business is likely to be short term, where there may be losses without income against which to offset them, and where the owner-operator "needs" all the annual income for his or her living expenses.

Incorporating a day-trading operation is certainly not for everyone but for those who meet the criteria, it may be an attractive option, especially if capital gains treatment is not available to you now and if you believe that the rates on active business income are likely to drop, not rise, over the next few years, as well as the ability of deferring tax where you are currently at the top marginal rate.