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News and discussion on implementing risk management

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Income Tax Planning / Tax Schedules / Remittances

The new Form T3010, Registered Charity Information Return

In November 2019, the Canada Revenue Agency (CRA) revised Form T3010, to reflect recent changes in the law governing political advocacy. All registered charities and Registered National Arts Service Organizations (RNASOs) must complete a Form T3010 each fiscal year.

 

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Canadian government delays implementation of employee stock option proposals

Earlier this year, the Canadian government tabled a Notice of Ways and Means Motion with proposed amendments to the Income Tax Act (Canada) to implement the employee stock option proposals from the 2019 Federal Budget. The proposals were to apply to employee stock options granted by corporations and mutual fund trusts on or after January 1, 2020.

 

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The CRA has released an updated 2019 version of its T3010 Registered Charity Information Return

The CRA has released recently the 2019 version C of its T3010 Registered Charity Information Return. The major changes deal with replacing political activities with “public policy dialogue and development activities” (PPDDAs).

 

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Charities in the waiting room

Most organizations that are pursuing charitable status are incorporated. Part of the requirement for achieving such status is that the corporation is organized to pursue charitable purposes. But that by itself is not enough for charitable registration and so prospective charities must apply to the CRA for registration. The question then arises about the tax status of those corporations that are not yet (and may never be) registered charities, and what are their responsibilities?

 

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Cryptocurrency taxation update

On May 17, 2019, the Department of Finance released proposals to amend the Excise Tax Act (Canada) to treat certain virtual currency as a financial instrument for GST/HST purposes.

 

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Question to CRA on alter ego trusts and whether transfers are a donation

STEP Canada had a CRA Roundtable on June 6-7, 2019 and they discussed a number of topics. One issue of interest to charities and philanthropists is Question 2 dealing with alter ego trusts and donations.

 

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Multilateral Instrument (MLI) will enter into force for Canada on December 1, 2019

Canada has announced that the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting [PDF] ― also known as the Multilateral Instrument or MLI ―will enter into force for Canada on December 1, 2019.

 

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Tax on Split Income (TOSI): Why does the federal government single out small and medium-sized family-owned businesses that provide services?

In 2017, the Federal Liberal Government introduced a very complicated tax on split income (TOSI) that changed this basic principle. Under the new TOSI rules, some people will pay the regular rates of tax and some people will pay the highest possible rate even if they earn exactly the same amount.

 

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Transfer pricing: What’s new in Canada (Part I)

Since 2012, there have been unprecedented developments in Canada and globally in the area of international tax. The sheer volume and complexity of these developments make it difficult for Canadian corporations to keep up on what changes actually impact transfer pricing.

 

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CRA announces upcoming changes to the T3010 and T2050, removing political activities

On March 15, 2019, CRA announced that there will be changes to the T3010 Annual Return and the T2050 Application to Register a Charity to account for the recent changes to the political activities rules for Canadian registered charities.

 

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Impact of recent international tax developments on Canada

Recent international tax changes proposed by the OECD could significantly impact the cross-border activities of Canadians – particularly with respect to tax planning strategies that shift profits to low or no-tax jurisdictions.

 

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What you need to know about toronto’s new arts and culture property tax subclass

For decades the City of Toronto has offered reduced municipal tax rates to charities and heritage properties, and this year, a new subclass was created to support not-for-profit arts and culture organizations and incubators—what a new City by-law describes as “Creative Co-Location Facilities.” Qualifying properties will be eligible for a 50% reduction in property tax.

 

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Canada takes next steps towards implementing the MLI

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The objective of the MLI is to implement measures to counter base erosion and profit shifting (“BEPS “) without requiring each party to a bilateral tax treaty to enter into a bilateral negotiation process.

 

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A new era of private corporation tax rules – Part IV

The new TOSI rules are effective as of January 1, 2018. However, corporations have until the end of 2018 to complete corporate reorganizations to meet the votes and value test in the “excluded shares” exception if that exception is otherwise available to be used. Other points from Bill C-74 will be of interest as well. This article highlights comments from the Canada Revenue Agency and Department of Finance made at the roundtable at CALU and STEP.

 

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Supreme Court confirms in R. v. Comeau that provinces can restrict interprovincial trade in beer and other goods

On October 6, 2012, New Brunswick resident Gerard Comeau was stopped by the RCMP at the Quebec/New Brunswick border with 354 bottles or cans of beer and two bottles of whiskey. Mr. Comeau stood accused, under section 134(b) of the Liquor Control Act (New Brunswick), of having in his possession an excessive amount of liquor not purchased from the New Brunswick Liquor Corporation (the “Corporation”). Mr. Comeau challenged the constitutionality of this statutory provision by invoking section 121 of the Constitution Act, 1867.

 

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