Tax 2 Final Cheat Sheet 1.2
Tax 2 Final Cheat Sheet 1.2
Transfer to a Corp. & A partnership must calculate income as if it were a separate person resident in Canada. || Ex) Both Jonathan and Robert Rosen are single and have no current sources of income other
Tax Value FMV Redemption of Shares: General partners are jointly and severally liable for the debts of the company. || General than the trust. The undistributed income is to accumulate within the trust, to be paid out to
Gross Div. Grossed Federal Div. Tax Credit (DTC) Accounts Receivable 1)Build. cost = $942,000
Up Up
$240,000 $224,000 partners are entitled to participate in the management of the company. || Unless the the two sons at the time of Mr. Samuel Rosen’s death. The income figures for the year ending
Building (Note1) 832,000 1,047,000 2) two assets in Class 8. A partnership agreement states otherwise, general partners are entitled to an equal share of the on December 31, 2014, are as follows:
Eligible 38% 138% 6/11*gross up has a cost of $54,000 and a
(CCPC) 20.727% *Div. received Depreciable Assets - profits of the business. [Advantages of Partnership: They may be able to split income Interest Income On Government Bonds $ 55,000
106,000 123,000
CCA Class 8 (Note2) FMV of $65,000. And B has with family members who are employed by the business. || They may be able to reduce their
Non-Eligible 18% 118% 13/18* gross up a cost of $66,000 and a FMV Eligible Div.s Received From Canadian Corp.s 245,000
Div.s 13%* Div. received Goodwill Nil 400,000 personal income taxes during the start-up years. ] [A joint venture might be recognized
of $58,000. Revenues From Rental Property 394,000
Eligible Div. ex) Eligible Div. = $4,000*1.38 = 5520 || Fed. DTC = 4000*(6/11)*(38%) =829 Inventories 440,000 462,000 because it would demonstrate one of the following factors: Co-venturers do not have the
3) Machine cost = $425,000 Cash Expenses On Rental Property 247,000
Land 300,000 622,000 power to bind other co-venturers contractually.] [Partnerships and joint ventures: Neither
CCPCs prefer div. to be paid in the following order: CDA, GRIP then SB Div.. Machinery (Note3) 394,000 546,000 On September 1, 2014, the rental property was sold. The property consisted of an
The transfer of the Summers joint ventures nor partnerships are taxable entities. || All partners in a partnership are subject
Conditions is required for ITA 55(2) (Cap. gains stripping rules) to apply: Temporary Investments 84,000 74,000 Industries’ assets to to the same CCA decision in a given tax year, while members of a joint venture may each apartment building and the land on which it was located, all of which was transferred into
|| There is a disposition of shares by a Corp. to an arm’s length party. || The Corp. that has disposed Total Assets $2,396,000 $3,498,000 Summers Inc. is on July 1, decide their own amt of CCA to be deducted. || The concept of a joint venture is not the trust when it was established. The relevant information related to the disposition is as
of the shares has received Div.s that are deductible under ITA 112(1). || One of the purposes of the Liabilities -142,000 -142,000 2015, and an election will be recognized by provincial legislation while the concept of a partnership is.] [The ACB of a follows:
Div. received by Corp. was to significantly reduce a Cap. gain on the disposition of shares. || Net Assets $2,254,000 $3,356,000 made under ITA Building Land
partnership interest: || The share of the business income for the preceding year. || The
Conditions required for ITA 84.1 (Div. stripping rules) to be applicable: 85. Summers Inc. will POD $1,857,000 $1,100,000
original cost of her partnership interest. || The amt of cash that she withdrew from the
|| The shares that are disposed of must have been held as Cap. property. || The share disposition must assume the liabilities of Summers Industries and, in addition, will issue $1,600,000 in new debt to Undepreciated Cap. Cost 1,371,000 N/A
Ms. Summers. With respect to share consideration, the new Company will issue preferred stock business in the preceding year.] [Limited partnerships the purpose of the at-risk rules is:
be made to a Corp. with which the taxpayer does not deal at arm’s length. || The taxpayer who To ensure that the tax deductions Avail. to limited partners do not exceed the amt they have
disposes of the shares must be a Canadian resident. with a FMV of $400,000 and common stock with a FMV of $1,364,000. GRIP balance is NIL.
at-risk.] {{The establishment of a trust: Naming individual beneficiaries is not necessary Trust
Receivables /Temp. Investments: Exclude the AR from ITA 85 election, If AR is transferred Jon (35%) Rob(25%)
Considered part of the boot received by a transferor in an ITA 85(1) rollover: as long as the beneficiaries are members of an identifiable group (e.g., the settlor’s (40%)
|| Debt securities of the transferee || Assumption of transferor debt by the transferee. || Cash. under ITA 85, cant election under ITA 22, $16,000 ($240,000 - $224,000) loss will be a Cap. loss,
which will be disallowed under ITA 40(2)(g) because the transfer is to a Corp. controlled by the children). || The settlor must clearly intend to create a trust. || The property to be held in the Int. Gov. Bonds $19,250 $13,750 $22,000
In ITA 85.1(Share for share exchange): This rollover provision is commonly used in business transferor. trust must be known with certainty. || There must be an actual transfer of property to the Eligible Div. Rec. 85,750 61,250 98,000
combination transactions. Ex) Sam owns 100% of the shares of a CCPC. He wishes to exchange trust.|| Trust is deemed to be: an individual. [A testamentary trust is one that is
his shares for shares of a large public company w/out incurring a tax liability. Minimum Elected Values: (1) The min. elected value for a dep. property, established at the time of an individual’s death. || The trust return is due 90 days after the Gross Up Of 38 % 32,585 23,275 37,240
Accounts Receivable $ 224,000 under ITA 85(1)(e), is the least of the UCC for the
trust’s year end.|| $40,000 exemption Avail.|| ] [ There is a deemed disposition of certain
One requirement for ITA 85(1) with the consideration that the Corp. must give the transferor in class, the cost of the individual property, and the TCG Land [(1/2)($1,100 - $785] 55,125 39,375 63,000
exchange for property transferred to the Corp.: The consideration given to the transferor can only
Temporary Investments 74,000 types of property when an individual passes away. This would include property held by
FMV of the individual property. TCG Build.[(1/2)(1,857- 1,620)] 41,475 29,625 47,400
include at least one share of the Corp. Inventories 440,000 one type of trust for which the deceased taxpayer was a settlor. An alter ego trust. || When
Class 8 Depreciable Assets (1) 106,000 Asset A* 54,000 Net Rental Income (1) 138,600 99,000 158,400
In transferring a business to Corp., A/R can be transferred using either ITA 22 or ITA 85(1), but not Asset B** 58,000 assets are transferred out of an alter ego trust to anyone other than the settlor, the proceeds
both. Advantages of using ITA 22: The acquiring corp will be able to ded. bad debts reserve after Machinery 394,000 of disposition to the trust will be the FMV of the assets transferred.|| ] [Inter vivos trust Net Taxable Income $372,785 $266,275 $426,040
Total $112,000
the transfer || The vendor will be able to deduct any resulting loss as business loss || The acquiring Land 300,000 :||The trust will not be taxed on income that is distributed to the children during the year. ||
Corp. may include income as a result of the transaction. Building 832,000 Capital Cost/ACB 1,620,000 785,000
* A (Least Of $106,000, $54,000, And $65,000) The settlor will recognize the accrued capital gains on the securities at the time of their
Pref. shares are issued in an ITA 86 reorg. , it is important that they have characteristics that
Goodwill 1 ** B (Least Of $106,000, $66,000, And $58,000) transfer to the trust. || The income retained in the trust will be taxed at the max. 29% rate This is the first disposition of capital property by the trust since its establishment.
serve to establish their FMV. To establish the FMV of preferred shares: Total Elected Value $2,370,001 applicable to individuals.] [The amts will be included, either as an inclusion or a deduction, (1) The net rental income, including the recapture of CCA:
||A provision which requires redemption at a specified value at the discretion of the shareholder. in the determination of Net Income For Tax Purposes of a trust: || Retained income which Revenues From Rental Property $394,000
||A claim to assets that has priority over the C/S in the event of liquidation. ||A fixed div. rate. || ACB Of The Consideration: The ABC of the non-share consideration would be its FMV which, in has been allocated to a preferred beneficiary of the trust. || Amts paid or payable to a Cash Expenses On Rental Property ( 247,000)
the case of debt, would be its face value of $1,742,000 ($1,600,000 + $142,000 [new + old debt]). Recapture Of CCA:
Conditions are required Under ITA 86 (Exchange of Shares in a Reorganization) : beneficiary of the trust. || Amts that have been paid to a beneficiary but have been designated
|| Transferor of the original shares must receive shares of the new Corp. as consideration for his Total Elected Value $2,370,001 not to have been paid. ] } } {{[ Residency: || Canadian residents must report their worldwide Capital Cost Of The Building $1,620,000
Assets not ideal For ITA 85(1): ||A/R (S22) ||Shares quali. for QSBC ded.||
held by the owner as Cap. property. || ACB Of Preferred Stock (FMV ) ( 400,000) Canadian tax purposes. ||An indiv. can be a resident of Canada for tax purposes, even if she
||Dep. assets with terminal loss ||Non-dep. assets w/ accrued cap. losses||
is not a Canadian citizen.] [Types of income are subject to withholding tax under Part Tax Payable For The Trust
The application of ITA 88(1), winding up of a 90 % owned subsidiary: || A write up of non-Dep. ACB Of Common Stock (Residual) $ 228,001
at a deemed capital cost of $1,100. However, for purposes of calc. CCA and recapture,
Ex) A gift of depre. Cap. property is made to an inter vivos trust in favour of the settlor’s
adult children. The capital cost of the depreciable property to the settlor was $1,000. On
the date of the gift, the UCC was $750 and the FMV was $1,100. || The settlor’s deemed
POD of the FMV of $1,100, and will record a TCG = $50 [(1/2)($1,100 -
$1,000)]. Recapture of CCA of $250 ($1,000 - $750). The trust acquires the property
Treat as return of capital or allocation of income || Interest on partner loans is ded. – No adj.
the ITA 13(7)(e) rules for non-arm’s length transactions apply and the value will be
Gain On Sale Of Shares Of Canadian Public Corp. Tax Cost FMV Jan 31/15 Personal exp. of the partners of $18,000. || Charitable contributions of $23,000. ||
+Additional Cap. Contrib. Portfolio Investments $420,000 $646,500 Dividend income: Full AMT of dividends included in partnership income (but not gross up)|| Partnership Income=[(35%)($234,000+$68,000+$11,000 + $23,000 + $18,000)] =$123,900
Total Revenues $1,740,200
-Drawing from Partnership GIC 172,500 172,500 Flowed through to partners as dividends ||Partners gross up and claim dividend tax credit||
Expenses: Ex)Hussle and Greckle are equal partners in Harbour Partnership. Each partner has
+Share of Net BI Rental Property:
Added to accounting income to get partnership business income Taxable capital G/(L):
Salaries To Staff ($629,200) Land 192,000 237,750 contributed capital of $60,000 to the partnership and this is also their ACB for the
+Share of Cap. Gains Included in partnership income || Partners can also deduct reserves|| Added to accounting
Office Rent ( 140,800) Building (Cost = $255,000) 207,000 369,000 partnership interest. Trek will join the partnership as an equal partner. || If Trek pays
+Share of Charitable Don. income to get partnership business income Political Contributions/ Charitable
Office Supplies ( 57,200) $20,000 directly to each of the original partners, the ACB of the partnership interest of both
Adj. Cost Base [1] Income+Exp. amts were recorded by the trust:
Donation: Not Avail. to partnership||Flowed through to partners|| Added to accounting
CCA On Office Equipment ( 63,800) Hussle and Greckle would decrease by $20,000 each. Each partner is selling one third of
Eligible Div. Rec. From Canadian Corp $ 24,000
Charitable Donations ( 138,600) TCG = ½*(POD -ACB[a]) income to get partnership business income Expenses of partners: Partnership may pay their $60,000 interest. This will reduce their ACB by $20,000 [(1/3)($60,000)].||
Interest On GICs 5,175
Drawings By Jessica ( 319,000) [a]
ACB[1] -(Legal+ACCT fees) personal expenses of partners || Not deductible to partnership || Not in partner’s income –
Net Rental Income: Ex)In 2014, Andrea, who is 82 years old, transfers property with an ACB= $400 and a
Drawings By Diana ( 336,600) ( 1,685,200) treated as a withdrawal || Added to accounting income to get partnership business income
Rental Revenues $40,125 FMV=$750 to an inter vivos family trust to benefit his 3 adult children. In 2015, he
Net Income (Accounting Values) $ 55,000 Rental Expenses Other Than CCA (9,000) [Transfers Of Property - No Rollover Provision : Partner to partnership Partner: becomes seriously disappointed with his two sons, and decides to transfer the property to his
CCA Claimed (6,750) 24,375 disposition at FMV ||Partnership: acquisition at FMV || Partnership to partner Partner: daughter and wind up the trust. At this time the FMV of the property has increased to
For the year ending December 31, 2014 the partnership included an amt of $215,600 of work- acquisition at FMV ||Partnership: disposition at FMV ] Partner to Partnership Rollover - $800,000. For both transactions, Andrea uses any rollovers that are Avail. to minimize the
in-process in the accounting revenues for that year. For the current year, the Revenues include Total Income (Jan31 to Dec 31 2015) $53,550 ITA 97(2)-Transfer to Canadian partnership with an election by all partners : tax consequences. || In 2014, there will be no rollover Avail., and Andrea will include a
the December 31, 2015 balance of work-in-process of $510,400. While the Chark sisters have
Trust agreement: || Income= 25% to Jasmine and 65% to Louis. Disposition and Aquisition at elected value (usually tax value) Partnership to TCG= [(1/2)($750 - $400)] $175 in income. In 2015, when the trust transfers the property
Ex) A gift of non-dep. capital property is made to an inter vivos trust in favour of the settlor’s adult
TCG = $250 [(1/2)($1,500 - $1,000)]. The trust will record the property at deemed cost = FMV= $1,500.
children. The ACB of the property to the settlor was $1,000. Its FMV on the date of the gift is $1,500.
months, > than 50% of the partnership’s value was derived from Taxable Canadian Property
it has a $25 cap. gain and a $60 business loss. At-risk AMT = [$150,000 + (5%)($25,000) - $75,000]
Capital Gains 26,250 Total Trust Income $226,000 to Liana || Liana has no income other than what she receives from the trust, and is eligible
Interest Income 30,000 U.S./Canada Tax Convention : Income taxable if a permanent establishment || Excludes only for the personal tax credit. The federal Tax Payable for the trust for 2015.:
Non-Eligible Div. Rec. From Canadian Corp. $ 18,000 During 2015, the trustees distributed all of the interest to Melanie, as well as 60% of the cap. gains, certain facilities (e.g., storage facility) || An agent who can conclude contracts is viewed as Charitable donation tax credit = [(15%)($200) + (29%)($9,800)] = $2,872
Div.s, and net rental income. Melanie is a full time student for 12 months during 2015 and her a permanent establishment. Employment Income ITA 2(3) – Non-residents taxed on
The settlor has deemed POD of the FMV = $1,500. The settlor will be subject to tax on a
(1,100-800). The asset is recorded in the trust records at the settlor’s cost of $1,300,
with deemed CCA =$200, resulting in a UCC of $1,100 (1,300-200). When the
settlor’s adult children. At the time of this transfer, The capital cost =1,300 |UCC=
beneficiary. On the date of distribution, the property has a UCC= $900 and FMV=
transfer. The beneficiary will be deemed to have acquired the property for the UCC
the UCC at the date of distribution of $900, resulting in no gain or loss on the
$800 | FMV= $1,100. At a later time, the property is distributed to a capital
amount of $900. However, the beneficiary will have a capital cost of $1,300 for
asset is transferred to the capital beneficiary, the deemed proceeds to the trust will be
Interest Income Nil 37,000 Partnership Or Trust Interest and Private Company Shares :If, any time in preceding 60 property to the trust tax free. The deemed proceeds for the settlor (Paul) at tax cost=$400,
Subtotal $24,455 Taxable Capital Gains: months, > 50% of FMV from certain properties, including taxable Canadian property
Amts Owed To Partnership ($14,400 - $2,800) ($11,520) resulting in no gain or loss on the transfer. The trust acquires the property at a deemed
[($86,000)(1/2)= 43,000 ] 17,200 25,800 Public Company Shares – any time in the preceding 60 months: At least 25% shares
Other Amts That Reduce Risk ( 2,800) cost of $400. In 2014, when the trust transfers the property to his son, the trust will include
Eligible Div. Received 25,600 38,400 owned by non-resident and/or related non-arm’s length persons, and > 50% of shares FMV
At-Risk Amt - December 31, 2015 $ 10,135 a TCG= $200,000 [(1/2)($800 - $400)]||
Gross Up On Div.s: from certain properties, including taxable Canadian property
[($64,000)(38%)= 24,320] 9,728 14,592 Ex) Jane has operated a business for 30 yrs and has accumulated securities that earn interest
U.S./Canada treaty limits to: Real property in Canada || Property that is part of a permanent
The agreement effectively guarantees a value of no less than Net Rental Income: 15,600 23,400 income of $40,000/yr. Her other sources of income places her on the top bracket for
establishment ||Investments whose value is primarily attributed to real property in Canada
$2,800, even if the market value of the partnership interest is personal tax. Her son (22 yrs old) has no income for tax purposes and only tax credit avail
Nil, this amt is not at risk and reduces the at-risk amt. Taxable Income $68,128 $139,192 Part XIII Tax: Non-residents earning Canadian source employment income, business for him is basic personal. If Jane transfers the interest from the securities to a trust with her
income, or capital gains on taxable Canadian property are taxed under Part I || Property
subsequent recapture and capital gains calculation purposes.
Limited Partnership Loss for the year: The Tax Payable for the trust: son as beneficiary the fed. taxed saved = {(29%*40,000)-[(15%)*(40,000-11,138)]}=7,271
Taxable Income $68,128 income (interest, rents, royalties, and dividends) are subjected to tax under Part XIII ||
Share Of 2014 Business Loss [(6%)($270,000)] ($ 16,200) Ex) Mandy borrows $250 and invests it a Canadian rental property. It produces gross rental
Federal Tax Rate (Inter Vivos Trust) 29% General rate is 25% || Assessed on gross amt of income received – no deductions||
At-Risk Amt - December 31, 2015 10,135 income of $36. The interest costs on loan totals $3, and other exp. of operating the property,
Federal Tax Payable Before DTC $ 19,757 Divided U.S./Canada tax treaty : Rate to 5% if U.S. recipient is a Corp. and owns 10 % or incl. max. CCA, total $10. Rental income under : Part I = 23 (36-10-3) || Part XIII = 36
Limited Partnership Loss For 2015 ($ 6,065) Div. Tax Credit [(6/11)($9,728)] ( 5,306) more of payor || Rate to 15% for other dividends to U.S. recipients
Ex)Tara is a real estate agent her HST= 13%. She earns commission income, and pays her
Federal Tax Payable - Trust $ 14,451 Royalties U.S. /Canada Tax Treaty: Reduces rate to 10% || Reduces rate to nil for
Deductible for the year (2015): employment related expenses herself. Tamara has claimed the following expenses on her T777
copyright and computer software royalties. Rents : If in rental business – Part I applies ||
Share Of 2015 Business Loss [(6%)($270,000)] ($16,200) – Statement of Employment Exp. for 2014: Office Supplies (100 %) =$1,100|| Auto. gas and
The Tax Payable for Melanie would be calculated as follows: If not, Part XIII is assessed at 25% Retirement related benefits- subject to Part XIII ||
Limited Partnership Loss For 2015 6,065 Tax On First $44,701 $ 6,705 maintenance (87%)= 4,176 ||Auto. insurance (87 %)=3,132|| CCA on car (87%)=5,791
Can also elect to be taxed under Part I U.S./Canada tax treaty: Rate reduced to 15% for
Deductible Loss For 2015 ($ 10,135) Tax On Next ($89,401 - $44,701) At 22% 9,834 Tara’s Employee HST Rebate=1,273 [(13/113)($1,100 + $4,176 + $5,791)]
periodic PMTs || In general, OAS and CPP received by U.S. residents will only be taxed in
Tax On Next ($138,586 - $89,401) At 26 % 12,788 the U.S. Quick Method: <$400,000 Taxable Sales|| Collect Usual GST/HST || Don’t Ex) Danielle is a U.S. citizen who lives in US. She is employed 2 days/week in Calgary
Limited Partneship LCF: $6,065 at the end of 2015. Tax On the Remaining Income at 29% 176 Track ITCs, except for capital expenditures || Apply Given % to GST Inclusive Sales (Varies During the current year, she is paid $15,000 (CDN) for this work. In addition, she maintains
ACB -Dec 31/15 to Jan 01/16: Federal Tax Before Credits $29,503 By Province) || 1% credit on first $30,000 a savings account at a bank in Windsor. This account earned interest of $1,500 during the
ACB - December 31, 2015 $20,000 NRTC: Personal $11,327 current year. ||In Canada for less than 183 days but she earned more than $10k CND so she
Foreign Investment Reporting Rules: Canadians are required to declare foreign property in will be taxed. The interest, it is an arm’s length pmt and does not involve participating debt,
Share Of Partnership Income For 2015 Tuition excess of $100,000. [Foreign Property: • Life insurance policy you own from a foreign issuer Part XIII tax is N/A. Note that the CDN/US tax treaty has a provision which does not allow
[(6%)($18,000 + $26,250 + $30,000)] 4,455 12,500 • Interest you own in any offshore mutual funds • Any real estate you own held outside Canada either country to assess taxes on interest paid to residents of the other country.” ||
Loss Deducted For 2015 ( 10,135) Education[($400)(12)] 4,800 • Money in a foreign bank account • Shares you own of a foreign company • Interest you hold Ex)A transfer of non-dep. capital property is made to spousal testamentary trust. The cost
ACB - January 1, 2015 $14,320 Textbook [($65)(12)] 780 in a non-resident trust • Bonds or debentures owned from foreign countries • Income you earn of the capital property = $1,000, and FMV = $4,500 at transfer. At the time of his death, the
$29,407 * 15%= (4,411) from foreign property.] [ Foreign property you can exclude: • Any property you own primarily decedent had net capital LCF in excess of $5,000. || Under ITA 70(6) rollover provision, the
At-Risk Amt on Jan 01/16 : $10,135 - $10,135 = NIL Div. Tax Credit [(6/11)($14,592)] ( 7,959) for personal use, incl. your automobile, cottage, paintings and jewelry • Any property you use deemed proceeds to the decedent is the property’s cost=$1,000, resulting in no G/(L) on the
Ex) Sarah has a 50% interest in a partnership that was acaquired on Jan 01/14 at $40,000. Federal Tax Payable - Melanie $ 17,133 for running a business like a building, equipment and inventory.] note: FMV not relevant! transfer. An alternative is to elect out of ITA 70(6) and transfer the property at its
The Net Business Income (BI for tax purpose) on Dec 31/14 was $50,000 that included CCA Only Inter Vivos - ITA 73(1.01)(c)(ii) Ex)The Tiasco Partnership was formed in 2014.The partnership agreement, each of the two FMV=$4,500. The LCF is used to eliminate the tax on the resulting TCG =$1,750
ded. Of $36,000 but did not incl. TCG of $10,000 realized by The individual is entitled to receive all of the income of the trust that arises before the partners has an equal share in this income. Yr ending is Dec. 31/15, the partnership had an [(1/2)($4,500 - $1,000)]. Under ITA 70(6) rollover provision, the trust would record the
the partnership. During 2014, Sarah w/drew $15,000 from the partnership. individual's death, and no person except the individual may, before the individual's death, income of $580,000. ||Amort. Equip. of $48,000 (equal to CCA) || Non-eligible Div. received property at the decedent’s cost of $1,000. If the FMV election is made, the spousal trust will
Sarah’s ACB= Open ACB - Drawings + share of BI (no CCA adj) + Share of TCG receive or otherwise obtain the use of any of the income or capital of the trust. of $28,000 || Gains on the sale of shares of $86,000|| Charitable donations of $8,000 || have acquired the property at a deemed cost of $4,500. This higher value will serve to reduce
ACB= 40,000-15,000 + (50%* 50,000) + ((50%)(2)(10,000)) = 60,000 Taxable Income=(50%)*[$580,000+(18%)($28,000) - (1/2)($86,000) + $8,000] =$275,020 any future gain on the property when it is sold.