News Room

May 2025 Poll

Does the Liberal promise expected soon to cut the lowest personal income tax rate by 1% to 14%,  go far enough to help Canadians impacted by high costs?

Ontario Changes Delivery of Tax Credits

The Ontario government is changing the way it delivers its Ontario Energy and Property Tax Credit (OEPTC) as well as its Northern Ontario Energy Credit (NOEC)  and Ontario Sales Tax Credit (OSTC). Instead of quarterly cheques, come July, all three will be rolled into the Ontario Trillium Benefit (OTB) and will be delivered to the low- to moderate-income Ontarians who qualify as monthly cheques. "Through the OTB, the Province transformed the delivery of Ontario's key refundable tax credits by making payments to Ontarians earlier and more frequently than before,î the provincial government says. "This approach ensures that the payments better match when people incur these costs.î The move has caused some heated discussion among recipients of the tax credit who still prefer to receive one, lump-sum payment. Ontario Finance Minister Dwight Duncan admits his government did a poor job of communicating the change. In future years, he promises, taxpayers will be given the option to choose monthly payments or a lump-sum payment. Ontario instituted quarterly payments in 2011 with payments for the 2011-12 benefit year ó based on the 2010 personal income tax return ó going out in July 2011, December 2011, March 2012 and June 2012 for the OETPC and NOEC. The OSTC benefits were paid August 2011, November 2011, February 2012 and May 2012. Payments for the 2012-13 benefit year ó based on the 2011 personal income tax return ó will be monthly beginning in July. That means Ontario taxpayers receiving the credits get one more quarterly installment ó May for the OSTC and June for the OETPC and NOEC ó before the new, monthly regime begins.   Additional Educational Resources:  Debt and Cash Flow Management and Financial Recovery in a Fragile World  

Illegal Tax Protester Schemes

On Feb. 28, Winnipeg chiropractor Rosalie Chobotar was sentenced in the Provincial Court of Manitoba to six months in jail and fined $162,513. Chobotar's offense: tax evasion. She is what Canada Revenue Agency (CRA) refers to as a "tax protester,î someone who believes income taxes are unconstitutional, optional or easily averted using certain interpretive techniques. The justification tax protesters most commonly use for not paying taxes is the "natural personî vs "legal personî dichotomy. As the CRA explains, a tax protester treats him- or herself as two people for income tax purposes. The natural person is the individual who performs the labour required to earn income while the legal person is the entity the federal government creates by issuing a social insurance number. Tax protesters acknowledge that the legal person has to file an income tax return ó which Chobotar did ó but contend that income received as a natural person is not subject to Canadian income taxes. For example, Chobotar reported "nilî income on the tax returns she filed for the years 2002 to 2007; when she signed the returns, she included the phrase "to the best of my knowledge without understanding". But, as Chobotar discovered, the courts do not accept this argument. (Go to http://www.cra-arc.gc.ca/nwsrm/cnvctns/mb/mb120228-eng.html.) And Chobotar isn't alone in paying the price. An Ontario tax protester was recently fined $522,000, representing 150% of the federal taxes evaded. The taxpayer was also given a one-year conditional sentence, ordered to remain in Ontario and surrender his passport, and perform 180 hours of community service. A little history. Canada's income taxes were instituted to pay for the First World War. Prime Minister Sir Robert Borden introduced federal income taxes on business profits in 1916 and on personal income in 1917. At the time of introduction, the minister of finance stated: "I have placed no time limit upon this measure; a year or two after the war is over, the measure should certainly be reviewed.î Thirty-two years later, on January 1, 1949, income taxes were declared permanent. The authority to tax. From where does the authority to impose taxes derive? Income taxes must have a constitutional basis that defines and legitimizes their implementation and administration. Canada's legal system is based largely on the common law of the United Kingdom and the rule of no taxation without representation extends back to the Magna Carta of 1215. Although Canada's constitution now comprises many documents, section 52 of the Constitution Act 1982 provides that the Constitution of Canada is the "supreme law of Canadaî and any law inconsistent with it has no force or effect. Included in section 52's non-exhaustive list of documents comprising the supreme law of Canada is the original British North America Act of 1867, written in London for the new dominion. This Act divides the authority to impose taxes between the federal and provincial governments. Under subsection 91(3) of the Act, Parliament has the power to raise money by any mode or system of taxation. Subsection 92(2) permits the provinces to impose income taxes but only through direct taxation within the province and only for raising revenue for provincial purposes. By organizing the power to tax in such a way, the federal government has considerable power over the national economy and the distribution of wealth amongst the provinces. Courts confirm constitutional validity. Courts analyze the "pith and substanceî of laws to determine their constitutional validity. The division of powers between Parliament and the provincial legislatures offers a hurdle for laws seeking validation. If, for example, a provincial legislature enacts a law that the courts construe as pertaining to another province, the court will strike the law down as ultra vires or outside the jurisdiction of the legislature. Other than this jurisdictional safeguard, Parliament and the provincial legislatures are almost unconstrained in their ability to impose and reform income taxes. Conclusion. Tax protesters have no legal basis for their claims and, as Chobotar found out, there are serious consequences ó interest costs and penalties and, possibly, jail time ó for pursuing this course. So, long story short: pay your taxes ó you are legally obligated to do so. See also the CRA's "Debunking Tax Myths.î Greer Jacks is updating jurisprudence in the EverGreen Explanatory Notes, an online research library of assistance to tax and financial professionals in working with their clients.  

Flaherty prepares for March 29 Federal Budget

With the federal budget scheduled for Thursday, March 29, Federal Finance Minister Jim Flaherty recently met with Canada's leading private sector forecasters to gather their views on Canada's economic prospects. The Department of Finance bases its economic forecast for budget-planning purposes on the average of private sector economic forecasts. But Flaherty came away from the meeting empty-handed as economists wanted time to digest Statistics Canada's announcement of real gross domestic product (GDP) numbers on March 2. Generally speaking, GDP rose 0.4% in December, good news after a 0.1% dip in November. On an annualized basis the economy expanded by 1.8% in the final quarter of 2011, taking the average growth for all of 2011 to 2.5%. The other surprise was StatsCan's third-quarter revision of GDP growth ó upward to 4.2% from 3.5%. "Consumer spending and exports contributed the most to fourth-quarter GDP growth,î StatsCan reported in its release. Generally speaking, bank economists are feeling optimistic about GDP numbers, even if they didn't give Flaherty a takeaway number. U.S growth registered 3% in the fourth quarter and the recession in Europe appears to be milder than expected ó all good news for Canada. "The monthly gain provides a nice hand‐off for GDP growth in first quarter 2012,î Bank of Montreal economist Doug Porter wrote in a report, "with the economy likely on track for something close to 2% again this quarter and for all of 2012.î TD Bank Group economist Sonya Gulati wrote in her report: "The headline result was below our expectations of 2.3%, but if we exclude the upward revisions Statistics Canada made to the quarter three data, the economy would have grown at roughly 2.5% in quarter four. This hand-off and the recent developments abroad will provide positive momentum for the Canadian economy this year. As a result, we will be modestly lifting Canadian GDP growth to just above 2% in 2012 in our next forecasting cycle, up from the 1.7% we had thought in December.î Observers are venturing that the consensus number offered to Flaherty will be between 2% and 2.5% for 2012 growth. In last year's budget, the Department of Finance based its growth projections for the fiscal year ending March 31, 2011, at 2.7% and U.S. growth at 3.2%.   Additional Education Resources: Financial Recovery in a Fragile World and Master Your Retirement 2012 Edition.  

Tax News: CRA makes changes to a number of forms

T400A Objection - Income Tax Act. If you wish to object to a Notice of Assessment sent to you by the Canada Revenue Agency (CRA), you have one year after the date of the return's filing deadline, or 90 days after the day on which the CRA sent the notice of assessment, whichever comes later, to file a T400A. Businesses have 90 days after receiving the Notice of Assessment to submit their objections. Corporations must be much more specific in their objections than individuals; they must fully describe each matter with which they take issue and specify the relief they are seeking. T2125 Statement of Business or Professional Activities. The CRA has updated this form to clarify and correct errors on the printed version, distributed in the 2011 General Income Tax and Benefit Package. The corrections have occurred on page 1, in "Business incomeî and in "Part 2: Professional income". RC4060 Farming Income and the AgriStability and AgriInvest Programs Guide. This guide is exclusively for participants in Prince Edward Island, Ontario, Saskatchewan and Alberta. Participants from British Columbia, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Newfoundland and Labrador, and Yukon will continue to use Guide RC4408, Farming Income and the AgriStability and AgriInvest Programs. Participants from Quebec will continue to use Guide T4003, Farming Income. What's new? The Commodity Code List, used for reporting commodity sales and purchases, has been extensively amended and can be found on page 63. Participants in Saskatchewan will now use T1163 and T1164 to apply for AgriStability and AgriInvest.   Additional Educational Resources: Essential Tax Facts 2012 Edition and Introduction to Personal Tax Preparation Services.  

Evelyn Jacks: Help Your Adult Children Build Wealth

Over time, taxes erode both your income and capital more than any other factor, making tax literacy an important part of financial literacy. So, it makes sense that those who have the most to gain by being tax-astute are the young; they have more time to benefit from the positive effects of investment compounding. As a parent, you play a significant role in introducing basic tax and investing rules to your children. Here are some tips for the young adults in your family: File tax returns for adult children. Young adults ó those who have reached the age of 18 in the tax year ó should file a return regardless of income. Filing a return creates eligibility for refundable tax credits such as the GST/HST credit, available to taxpayers 19 years of age or older, or the Working Income Tax Benefit. (The latter, however, is not available to individuals whose annual income is less than $3,000 or who are students for more than 13 weeks a year, unless the student has an eligible dependent). Filing also gives young adults access to a variety of provincial tax credits. Because young adults often have more than one part-time job, employers may withdraw more income taxes from their earnings than necessary. Likewise, if young adults contribute to the Canada Pension Plan before the age of 18 or if their total income is less than the $3,500 basic exemption, they may over contribute to CPP. Similarly, they may pay too much to Employment Insurance. By filing a return, these young adults not only recover overpaid source deductions ó and get a refund ó but they also create RRSP contribution room based on their earned income, even if they are not taxable. Then, there are lucrative non-refundable tax credits, including the tuition, education and textbook amounts. If your young adult is a student at a qualifying educational institute, claiming these amounts on a return can reduce his or her taxes to zero. And, if unabsorbed on the student's return, these provisions can either be carried forward for use in reducing future income taxes, or up to $5,000 can be transferred to a supporting individual, in this case, you. Your adult children, if 19 years of age or older at the end of the tax year, should also claim Public Transit Amounts for money paid for public transit passes. It's Your Money. Your Life. Help your children become more tax-astute. Also, introduce them to your tax advisor. They will benefit from having a professional answer their tax questions. Today's efforts will pay off handsomely in the future. NEXT TIME: CLAIMING TAX BENEFITS FOR DISABLED ADULTS Evelyn Jacks, President of Knowledge Bureau, is author of Essential Tax Facts 2012 and co-author of Financial Recovery in a Fragile World. To purchase your books, visit www.knowledgebureau.com/Books.asp. Knowledge Bureau also publishes The Smart, Savvy Young Consumer for young adults. To encourage tax literacy among your young adult children, order here.

RRSP Deadline Today

    Today is February 29   The last day to make an RRSP contribution!  
 
 
 
Knowledge Bureau Poll Question

Does the Liberal promise expected soon to cut the lowest personal income tax rate by 1% to 14%, go far enough to help Canadians impacted by high costs?

  • Yes
    3 votes
    8.82%
  • No
    31 votes
    91.18%