Fuel Excise Tax on Hold But Inflation is Not

The U.S.-Israel war on Iran has thrown global oil prices into turmoil and there is plenty of fallout for consumers. Travelling to Europe this summer? That’s in jeopardy, as jet fuel may run out.  Looking for relief at the pumps instead? The recently announced suspended federal excise tax on gasoline, unleaded aviation gasoline, diesel fuel and aviation fuel here in Canada will soften the blow, but only temporarily: it will be zero from April 20 to September 7, 2026. Here’s what you need to know:

In a split decision, on January 8, the Supreme Court upheld the Tax Court of Canada's decision that Earl and Jordan's Lipson strategy to deduct their mortgage interest had breached the general anti-avoidance rules (GAAR). The Lipson's strategy was an extension of the strategy commonly known as the "Singleton Shuffle", named after Vancouver lawyer John Singleton whose strategy was upheld in a 2001 Supreme Court decision.  His strategy is now commonly used by investors to convert non-deductible personal debt into deductible debt.  The strategy involves selling existing investments, using the proceeds to pay off or pay down a mortgage on the personal residence and then taking out a mortgage to repurchase the investments.  The Supreme Court confirmed that this strategy is a valid way for the taxpayer to arrange his affairs to minimize his income tax liability. The Lipson's took the strategy one step too far and, in doing so, ran afoul of GAAR.  Here was their strategy: Mrs Lipson borrowed money to purchase shares in their family investment corporation from her husband at fair market value.  (She would normally not qualify for the loan but promised to repay it the following day and replace it with a mortage on a home show would then own.) Mr. Lipson then used the proceeds to purchase a family home. Mrs. Lipson then took out a mortgage on the home to repay the money borrowed to purchase the shares. When filing his tax returns for 1994, 1995 and 1996, Mr. Lipson relied on the attribution rules to report the income on the shares in his income and deduct the interest expenses paid on the mortgage. The net result of this strategy was that Mr. Lipson was reporting the same income on his return as he would have had he not sold the shares, and he was deducting the mortgage interest on a new home.  It was this last step - the use of the attribution rules to reduce his taxes that lead the Tax Court, and now the Supreme Court, that this transaction was an avoidance transaction (as defined in S. 245(4)).  As such, under 245(5) the deduction of the interest expense on the mortgage is disallowed. Investors need not be concerned that the Lipson decision will have wider consequences - unless their strategies, too, rely on the attribution rules to transfer interest deductions on a intra-family transaction.  The "Singleton" strategy is still valid and allowable. Had Mrs. Lipson had income of her own and reported the dividends on her return and claimed the interest deduction (as is allowed as the transfer was at fair market value), the strategy would not have been deemed an avoidance transaction and would therefore have been allowed.

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com🏢office" /> Now available for investment purposes, the new Tax-Free Savings Account (TFSA) is a registered account in which investment earnings, including capital gains accumulate tax free. Taxpayers over the age of 17 may contribute up to $5,000 each year to such an account. If a taxpayer's contribution room is not used in one year it may be carried forward to the next year allowing for a larger contribution in that year. Unlike the RRSP, contributions to a TSFA do not result in an income tax deduction and withdrawals from a TFSA are not reported as income nor will they be included in net income for any income-tested benefits, such as the Canada Child Tax Benefit or Goods and Services Tax Credit. The CRA will establish contribution room for all taxpayers on the basis of income tax returns filed. Taxpayers who do not file for a number of years may establish their contribution room by filing those returns under the taxpayer relief provisions. Manitoba is proposing legislation under their Retirement Plan Beneficiaries Act that will allow the designation of a TFSA beneficiary outside of a will so that probate fees that would normally apply can be avoided. Manitoba Finance has advised the designation of beneficiary can be made now, however, the designation will only have effect once the Manitoba legislation has received Royal Assent.  In the event the TFSA account holder passed away before the legislation was brought in and a designation of beneficiary had been made for TFSA assets which differed from the will, an executor may have difficulty determining who the asset should be distributed to. For more tax tips, purchase a copy of Essential Tax Facts written by The Knowledge Bureau's President, Evelyn Jacks, to learn how to ace your 2008 tax return and save money all year long.

LATE YEAR ANNOUNCEMENTS IMPORTANT TO AMATEUR ATHLETES According to a news release by the Department of Finance on December 29, 2008 amateur athletes who are members of a registered Canadian amateur athletic association and eligible to compete in international sporting events will qualify for an expanded income deferral opportunity starting in 2008. Income from endorsements, prizes and other remuneration related to athletic endeavours will be deferred in the same manner as income contributed was to the account, and then taxed on the earlier of the date of distribution to the athlete or eight years after the last year in which the athlete was eligible to compete as a Canadian national team member. To qualify for the deferral in the 2008 tax year, the qualifying income amounts may be placed in a qualifying account by March 2, 2009.    

The Knowledge Bureau has submitted its pre-budget consultation recommendations to the Federal Government.  Please indicate whether you agree:<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com🏢office" />  ® yes                    ® no        ®  why?  1. Reduce Tax Withholdings:   Governments should withhold less tax at source so that Canadians can  invest more, and sooner, to an RRSP and then to  TFSA.  Reduce business and personal taxes by increasing tax free zones.   $1400 INVESTED ANNUALLY FOR A 40 YEAR WORKING LIFE GROWS TO:                                     (30% marginal tax rate assumed)   At 5%                    At 2%                    RATE DIFFERENCE INSIDE RRSP                       $177,576              $86,254                         $91,322 OUTSIDE RRSP                   $122,513              $75,430                         $47,038 TAX SAVINGS                    $  55,063               $10,824                         $44,239   $980 ANNUAL TAX SAVINGS REINVESTED IN A TFSA                                                          At 5%                    at 2%                     RATE DIFFERENCE INSIDE TFSA OUTSIDE TFSA TAX SAVINGS      TOTAL SAVINGS BY LEVERAGING RRSP AND TFSA CONTRIBUTIONS:                                                   At 5%                    at 2%                     RATE DIFFERENCE RRSP SAVINGS TFSA SAVINGS TOTAL TAX SAVINGS        Source:  Knowledge Bureauís EverGreen Explanatory Notes: Retirement Income Calculator   ® yes                    ® no        ®  why?   2.       Income splitting:  anyone generating a periodic pension from superannuation, RRSP, RRIF, LIFs, annuities should be able to split pension income with the spouse.  Currently the rules discriminate again those with RRSP/LIF, who must wait to age 65 to take advantage of pension income splitting.  Other families should be able to income split on any income source.   ® yes                    ® no        ®  why?   3.       Bring Back Income Averaging:  Hard economic times bring unintended business results.  Income averaging over a period of 5 years should be allowed, as in prior years.   ® yes                    ® no        ®  why?     4.       RRIF/LIF Minimums/Fund Access Barriers.  Abolish them.  This is not practical or desirable.       TO REGISTER FOR THE KNOWLEDGE BUREAUíS COMPLETE T1 TAX UPDATE WORKSHOP TO PREPARE YOU AND YOUR STAFF FOR TAX SEASON 2009, CLICK HERE:   

The Department of Finance has launched its budget consultations to protect the Canadian economy, and it is important for Canadians to participate, says best-selling author Evelyn Jacks, Founder and President of The Knowledge Bureau, who has submitted several recommendations to government. You can participate in two ways, by contacting the Department of Finance website or by answering our poll questions over the next few weeks. ìThe time is ripe to reverse the ìdouble troubleî Canadians faced in 2008,î says Mrs Jacks, a best-selling author who has just published her 42nd book, Master Your Taxes. ìTaxes now eat up almost 21% of average household budgets*, and even worse, Canadians are losing more and more control over the first dollars they earn as withholdings of deductions at source increase. If stimulation is required to keep a significant recession at bay, governments need to look seriously at tax erosion as a significant barrier for both consumers and savers.î According to the Canada Revenue Agency, average refunds reached a record $1440 in 2007. ìAt approximately $120 a month, this represents a significant loss of control of personal funds to pay for consumer needs, let alone personal or retirement savings, which everyone knows have been seriously eroded by the financial meltdown of the past several months,î says Mrs. Jacks. ìThe problem with increasing tax burdens, however, is that they are harder to identify, because governments continue to over deduct taxes at source, thereby using your money first.î And that trend is poised to continue into 2009, says Mrs. Jacks. ìWe know that premiums payable into the Canada Pension Plan (CPP) and Employment Insurance (EI) rise 3.4% and 2.9% respectively over 2008 levels. Even with an increase in the Basic Personal Amount to $10,100, Canadians who earn more than $42,000 will end up in a net loss position again in 2009.î Canadians need to take a hard look at their largest eroder of wealthóthe taxes they payóby taking three actions in early 2009: ìFirst, participate with your suggestions in the pre-budget consultations by visiting the Finance Canada website: http://www.fin.gc.ca/fin-eng.asp. Second, don't do it alone: learn how to take back control of the money you earn by asking better questions of your tax and financial advisors. Third, find out more specifically how to shave off tax dollars payable by digging for deductions and tax credits, filing returns as a family, participating in RRSP and TFSA savings opportunities and refusing to overpay governments with tax withholdings. Taxes continue to be the largest expense item for Canadians, despite ìtax-cutsî announced by various levels of governments. Statistics Canada confirmed in their report on family expenditures, released just before Christmas, that taxes, which increased of 6% over the year before to an average of $14,450 per household, consumed almost 21% of household budgets, costing average Canadian families more than housing and increased more significantly than the cost of living. Evelyn Jacks is one of Canada's most prolific international authors, speakers, educational publisher and an award-winning entrepreneur, having written 42 books, including the new Master Your Taxes, and the annual Essential Tax Facts series (annual editions in 2005 to 2009), published by The Knowledge Bureau. The Knowledge Bureau is a national post-secondary educational institute specializing in tax and personal finance courses and certificate training for professionals who practice real wealth management services for their clients. For publicity or to arrange author interviews, please contact Marion Trapp at 1-866-953-4769 or by email: marion@knowledgebureau.com

On December 16th, 2008 Canada's Department of Finance and the U.S. Department of the Treasury each announced the entry into force of the fifth Protocol amending the Canada-U.S. Income Tax Convention (the "Treaty"). The 5th Protocol was signed on September 21, 2007 and ratified by Canada in December 2007. For a copy of the Protocol click here.  For a copy of the Technical Explanation click here. For a copy of the News Release issued by Canada's minister of Finance click here.  For a copy of the comment on the Fifth Protocol prepared by the US Joint Committee on Taxation click here. For a copy of the testimony of Treasury Deputy Assistant Secretary for International Tax Affairs Michael F. Mundaca before the US Senate Committee on Foreign Relations click here.