Travel expenses and motor vehicle costs

In order for an employee to deduct these expenses, the employee must meet the following:

  • Employee must be required to pay his own travel and motor vehicle costs and must have form T2200 signed by the employer to certify that this is the case
  • The person must be ordinarily required to carry on his duties away from the employer’s place of business
  • The person must not be in receipt of an allowance for travel costs that was not included in income

Items that can be deducted include accommodation, airline or rail tickets, taxi fares and meals. In terms of meals, only 50% of the cost can be deducted. Motor vehicle cost can also be deducted when an employee uses his own vehicle to carry out employment duties. There are no limitations for these deductions compared to the salesperson deduction which was limited by the commission.

Note that a salesperson can also claim these expenses for deductions. However, if he claims these expenses then he is not eligible to claim for salesperson expense deductions.

Salesperson expense

Individual employees who are involved with the selling of property or the negotiating of contracts are permitted to deduct all expenses that can be considered necessary to the performance of their duties. In order for a salesperson to be eligible to deduct these expenses, the sales person must meet the following:

  • The salesperson must be required to pay his own expenses. The employer must sign Form T2200 certifying that this is the case.
  • The salesperson must be ordinarily required to carry on his duties away from the employer’s place of business
  • The salesperson must not be in receipt of an expense allowance that was not included in income
  • The salesperson must receive at least part of his remuneration in the form of commissions or by reference to the volume of sales

The items that the salesperson can deduct include:

  • Advertising and promotion
  • Meals and entertainment (50%)
  • Lodging
  • Motor vehicle cost
  • Parking
  • Work space in the home costs (maintenance, property taxes and insurance)
  • Supplies
  • Licenses
  • Bonding and liability insurance premiums
  • Salary to assistant or substitute
  • Office rent
  • Training costs
  • Transportation costs
  • Computers and office equipment (lease only)

 

Note that the maximum amount that can be deducted is limited to the person’s commissions received during the year. Also, in order for the sales person to deduct 50% of the cost for meal and entertainment, the salesperson must be away from municipality or metropolitan area where the employer’s establishment is located for at least 12 hours.

Legal Expense

Employees are allowed to deduct any legal costs paid to collect or establish the right to salary or wages owed by an employer or former employer. Also deductible are legal costs incurred to recover benefits, such as health insurance that are not paid by an employer or former employer but that are required to be included in employment income when received.

Employment benefits/expenses

According to the income tax act, employment is defined as the position of an individual in the service of some other person.

 

Bonus

Bonus is taxable to the employee as the employee receives it not when it is declared. However, employer can deduct this amount when it is declared if the bonus is paid within 180 days of the business year end. If it is paid after the 180 days after it is declared but before 3 years after the year end, then the employer can deduct the bonus amount when it is paid. However, if the bonus is paid after 3 years after the year end, the employer deducts it when it is earned. The table below summarizes the tax consequences of different types of bonus received by employees.

 

Types of Bonus Tax Consequences
Standard Bonus (Paid within 180 days of business year end) The employer deducts when declaredThe employee includes when received
Other Bonus (Paid more than 180 days after the employer’s year end, but prior to three years after the end of the year in which the bonus was earned) The employer deducts when paidThe employee includes when received
Salary Deferral Arrangement (Paid more than three years after the end of the year in which it was earned) The employer deducts when earnedThe employee includes when earned

Summary of Loss Applications.

Summary of Loss Applications    
Type of Loss Application rules Limit to annual deduction
Allowable business investment loss (ABIL) Any unapplied portion of an ABIL incurred in 2006 or future years becomes a non-capital loss that can be carried back three years and forward ten years.

 

Also, the unapplied portion of this non-capital loss becomes a net capital loss that can be used to reduce taxable capital gains in the tenth year or any year after.

No limit

 

 

 

 

 

 

Limited to taxable capital gains in the year

Net capital loss Carry back 3 years

Carry forward indefinitely

Limited to taxable capital gains in the year
Non-capital loss Carry back 3 years

Carry forward 20 years

No limit
Listed personal property (LPP) loss Carry back 3 years

Carry forward 7 years

Limited to net gains from LPP in the year
Personal-use property (PUP) loss No loss allowed Not applicable

Available Business Loss

Business investment loss includes capital losses arising from the disposition of shares and debts of a small business corporation (SBC). SBC is a Canadian controlled private company in which 90% of its fair market value of its assets is business asset and 50% of the business must be carried in Canada. One half of this loss would be available as allowable business investment loss (ABIL). This loss is considered non-capital so this loss can offset any taxable income. However, this can only be carry back 3 years and forward for 10 years. After the tenth year, the losses not yet offset are converted to capital loss. Therefore, after the tenth year, the remaining losses can only offset capital gains.

Note that non-capital loss can be carry back three years and carry forward twenty years. This loss may be use to deduct any types of gain.

How do businesses apply for the tax credit?

For businesses, complete Form T661 and Schedule T2SCH31. For individuals, complete Form T661 and Form T2038 (IND). These forms should be submitted with the T1 or T2 income tax return depending on your status (Individual or Corporation) or file it within 12 months of the income tax return due date for the year in which the research and development cost has incurred.

What kind of projects qualify?

The project must relate to improving scientific technologies or relations and its understandings. It must also deal with uncertainties within the technological and scientific area. Also, a systematic investigation must be incorporated by a qualified personnel.

The following are examples of qualified projects:

  • Experimental development to create new products and services or improving existing products
  • Applied research to improve scientific knowledge with certain application
  • Basic research to improve scientific knowledge
  • Supporting the experimental development, applied research or basic research for the work in engineering, design, operations research, mathematical analysis, computer programming, data collection, testing or psychological research

The following are examples of non-qualified work:

  • Social science and humanities research
  • Commercial production of a new or improved product or process
  • Style changes
  • Market research or sales promotion
  • Quality control
  • Routine testing
  • Routine data collection
  • Refining natural gas and minerals
  • Development based on design or routine engineering practice

Who Qualifies?

A CCPC has the chance of getting an investment tax credit of 35% for the first 3 million dollars of expenditure in research and development in Canada. The CCPC can then earn 20% of the subsequent expenditure. Other types of companies such as corporations, proprietorship, partnerships and trusts are eligible for a tax credit of 20% for all the qualified expenditure they spent on research and development in Canada.

If a CCPC’ s taxable income does not exceed the qualifying income limit then they may receive a portion of the credit as tax refund after using the credits to reduce their taxable income. Proprietorship and certain trusts may also receive a partial refund for their credits after using the credits to reduce their taxable income. However, corporations other than CCPC may not receive a refund for the tax credit earned for research and development expenditure. They can only use the credits to reduce their taxable income.