Mark Your Calendar: Critical Deadlines for May and June

Tax season never truly ends, it seems, as there are many more upcoming tax filing, investment planning and education milestones to discuss with your clients over the next six months. Check out our handy checklist below and then test yourself – what are the conversation openers you’ll use and with which clients? It’s your opportunity to shine with every member of the household:

Canadian residents are required to pay tax on world income in Canadian funds and tax treaties in place with over 80 countries assist governments to help Canadians avoid double taxation with provisions like the foreign tax credit. Generally, only the portion of benefits received under the social security program of another country that would have been taxable in the originating country has to be included in income on a Canadian tax return. In Germany, the taxable portion began at 50% in 2005 and will rise incrementally depending upon the type of income, when it started and the status of the recipient. By 2040 100% of German Social Security Income will be taxable. More detailed information on taxation of German Social Security Pension income is available: http://www.cra-arc.gc.ca/tx/nnrsdnts/ntcs/grmny2005-eng.html Canadians receiving social security pensions from Germany have recently been required to file a tax return in Germany to report their pensions there for tax years 2005 to 2009, and this new requirement has hit a snag here in Canada, as CRA is grappling with how to treat the potential double taxation. According to Siegfried Merten, MFA, it is important to file a notice of objection and request for cancellation of penalty interest with the German Tax Office. As well, check the non-German income thresholds for non-German income to see if it is possible that the taxpayer is exempt from German tax. The current tax treaty with Germany refers to the exchange of info between Canada and Germany regarding Social Security Benefits: "With reference to Article 18, paragraph 3, subparagraph (c), the competent authority of a Contracting State shall notify the competent authority of the other Contracting State of changes made to the amount of social security benefits excluded from the taxable income of a resident of the first-mentioned State receiving such benefits.î Article 23 of the tax treaty deals with measures to eliminate double taxation and, according to Mr. Merten, this should apply to the current situation with Germany. The full text of the tax treaty with Germany is available: http://www.collectionscanada.gc.ca/webarchives/20071126010425/http:/www.fin.gc.ca/news01/data/01-042_1e.html Unfortunately, these tax assessments have come as a surprise to most of the Canadian pension recipients, it seems, many of whom are elderly, disabled and understandably distressed about this. The German government has provided short timelines for filing and stringent penalty and interest provisions without fairness provisions for the hardship scenarios this is causing in some cases, especially the disabled or those who are alone without access to help. The German Consulate will not answer questions here; referring callers to the International Tax Office here in Canada, who has told Knowledge Bureau reporters they have no further information at this time. According to that office, we do not yet know whether extra taxes paid in Germany this year will qualify for a foreign tax credit in 2010 in Canada, whether all taxes paid there this year will be allowed for credit in 2010 or if taxpayers will have to adjust prior filed returns to access relief from double taxation. We will keep you posted; in the meantime here is contact information for those seeking German tax filing information: German Tax Office: Financzamt Neubrandenburg, Postfach 110164, 17041 Neubrandenburg, Germany, Phone -11149 395 4422247 000; Fax ñ 01149 395 380 1059 and email: ria@financzamt-neubrandenburg.de International Tax Office in Canada: 1-800-267-5177 ADDITIONAL EDUCATIONAL RESOURCES: Cross Border Taxation course and EverGreen Explanatory Notes.

An important message for those who are cash-strapped this Christmas: look to your tax filing habits for some cash flow relief. Some Canadians have to prepay income taxes by making quarterly instalment payments. This includes those who report income from self employment, investments, or other sums from which tax is not withheld at source. When you fall into an instalment payment profile, you will start receiving a regular billing notice from Canada Revenue Agency reminding you to pay on time. Trouble is, if your income has dropped since you last filed a tax returnóand that's quite possible given recent financial turmoil--CRA will not know to reduce your payments. Good news: reducing your quarterly instalments is easy, and this is important now, just before the final December 15 quarterly instalment is due, or the annual December 31 instalment for farmers and fishers is payable! Simply write a letter to request a revised billing based on your estimated income for the current year. This is a much better way to manage your cash flow at Christmas time and use the money to pay down credit cards more quickly, or better yet, fund a family vacation. Professional tax and financial advisors can help, but it is important to make that appointment with your advisor now.

Manitoba News Release ............................................................ December 1, 2010 PROVINCE ELIMINATES SMALL BUSINESS TAX - - - Manitoba First in Canada to End Tax: Wowchuk Finance Minister Rosann Wowchuk today announced Manitoba is the first province in Canada to eliminate the small business tax. "This is a very significant day for small business owners in Manitoba. Beginning today, they will no longer have to pay the provincial small business tax," said Wowchuk."When we entered office, small business was at a significant disadvantage, as it faced a tax of eight per cent, the second highest in the country.Today, we have fulfilled our promise to eliminate the tax." "Manitoba has developed an impressive reputation for innovation, quality, reliability and sustainability in the national and global marketplaces," said Entrepreneurship, Training and Trade Minister Peter Bjornson."As a government, we recognize the importance of small and medium-sized businesses to our economy and are continuously making it easier and better to do business in Manitoba." "This is great news for small business in Manitoba," said Janine Carmichael, Manitoba director for the Canadian Federation of Independent Business. "Small businesses are the cornerstone of our economy and our community." Wowchuk noted there are 103,192 businesses in Manitoba, 97 per cent of which are considered to be small in nature.Small businesses create about one-third of all new jobs in the province. "Small businesses invest in our economy, grow our communities, support our families and help keep Manitoba's unemployment rate one of the lowest in the country," said Wowchuk. The minister said government is proud of Manitoba's entrepreneurs and small businesses, and will continue to develop and enhance programs and services to support business including: providing active leadership to develop and maintain a skilled labour force; engaging all stakeholders (employers, educational institutions, community groups and workers) to develop training opportunities that support and expand Manitoba's economy; working with private industry and entrepreneurs to meet mutual economic goals; and encouraging and supporting local, national and international trade opportunities. "Because of our strong and stable economy, Manitoba is one of the most attractive locations for investment in Canada," said Wowchuk. "A major reason for our stability is the innovative and resilient small businesses that make up the bulk of our economy, both in our urban centres and across Manitoba. Manitoba businesses will save a total of more than $422 million annually when the tax measures in Budget 2010 are combined with the tax cuts previously delivered by the government, the minister said. The minister also announced the general Corporation Capital Tax continues to be on track for elimination by the end of 2010.It was already eliminated for manufacturers and processors in 2008, providing saving of $25 million annually. Information about tax incentives, trade assistance, employee training and more information can be found at www.gov.mb.ca/business.

Much was learned about banking systems and procedures from the recent global economic crisis. Canada's relative strength during the recent global financial crisis can be explained by several factors, not the least of which are higher standards for banks that exceeded international requirements; this according to Mark Carney, Governor of the Bank of Canada, who reported to the International Centre for Monetary and Banking Studies in Geneva last month. Specifically Canadian banks have higher capital requirements, are subject to greater supervision and more stringent mortgage regulation, than prescribed by international standards. In addition, the ownership of mortgage liability stayed with the bank in the majority of cases, rather than being bundled up and sold as a security. Requirements for mortgage insurance through CMHC and other sources offered additional protection. Finally, the absence of mortgage interest deductibility here in Canada has also been an important factor, as this can be an incentive to take on too much debt. The speed at which weaknesses in financial institutions and their regulation spread from continent to continent illustrates the importance of global reform, said Mr. Carney, concluding his address with a call for action. Reform, he said, will be a dynamic process and all participants will have to identify and address weaknesses as they strive for stability in the immediate future. The full text of the speech is available: http://www.bankofcanada.ca/en/speeches/2010/sp091110.html ADDITIONAL EDUCATIONAL RESOURCES: Financial Literacy: Assessing Risk and Return, a certificate course from The Knowledge Bureau.  

A significant tax ruling has set some new legislative matters in motion to ensure benefit potential Registered Disability Savings Account beneficiaries are not penalized by a recent ruling by the Tax Court of Canada. In, "Tozzi v. The Queenî, Giovanni Tozzi applied for the Disability Tax Credit (DTC) and was denied. He was unable to appeal because he did not have enough income for the tax credit to be of financial benefit to him. He explained to the court that in order to be a beneficiary of a Registered Disability Savings Account he has to be eligible for the DTC and CRA must allow appeals for reasons other than tax reduction. The judge dismissed Mr. Tozzi's appeal as it is beyond the jurisdiction of Tax Court but in doing so noted that Parliament should address this issue. And this is exactly what has happened. On November 25, 2010, Minister of Finance Jim Flaherty announced that the government will introduce legislation that will allow an individual to appeal a decision by CRA even when there is no tax owing (a "nilî assessment). Currently an appeal is not allowed when tax payable is not affected For Mr. Flaherty's announcement: http://www.fin.gc.ca/n10/10-113-eng.asp For the Tax Court ruling: http://decision.tcc-cci.gc.ca/en/2010/2010tcc545/2010tcc545.html ADDITIONAL EDUCATIONAL RESOURCES: Essential Tax Facts 2011, Introduction to Personal Tax Preparation Course  

Legislation that will give Ontario parents of active children a refundable tax credit has passed into law. This will put up to $50 per child age 16 and under, and up to $100 per disabled child age 18 and under, directly into the pockets of families, by filing a 2010 tax return. The costs of both fitness and non-fitness activities are eligible back to January 1st, 2010. According to the Ontario Finance Department, the following are eligibility criteria: Fitness activities: the same as for the federal Children's Fitness Tax Credit; that is, the activities must require a significant amount of physical activity that contributes to cardio-respiratory endurance, plus one or more of muscular strength, muscular endurance, flexibility, and balance. Non-fitness activities must fall under one of the following categories: Instruction in language, music, dramatic arts, dance and visual arts. Activities with a substantial focus on wilderness and the natural environment. Structured interaction among children where supervisors teach or help children develop interpersonal skills. Enrichment or tutoring in academic subjects. This tax credit would not support programs that promote illegal activities. ADDITIONAL EDUCATIONAL RESOURCES: Distinguished Advisor Workshops January 2011, which will discuss personal tax changes in detail.