Money could also be king, however it could possibly trigger complications if the taxman denies your claims

Money could also be king, however it could possibly trigger complications if the taxman denies your claims


Jamie Golombek: With no information, the burden of proof is actually greater as this ‘unbiased spirit’ from PEI came upon

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It’s usually stated that money is king, however it could not all the time be the perfect methodology of cost on the subject of coping with the taxman, who could ask you some robust inquiries to justify tax-deductible bills or, on the flip aspect, exhibit you earned a minimal quantity of qualifying earnings to make the most of numerous advantages or credit.

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For instance, there’s been a slew of latest instances coping with taxpayers’ eligibility for COVID-19-related advantages, such because the Canada Emergency Response Profit (CERB) and Canada Restoration Profit (CRB), wherein taxpayers needed to show that they had earnings of at the least $5,000 to qualify for these advantages. If these earnings have been paid in money, and by no means deposited in a checking account, the validity of assorted taxpayers’ claims was challenged.

However the issue in proving money earnings may come up outdoors the realm of pandemic advantages. Take a latest case involving a taxpayer’s declare for the Working Earnings Tax Profit (WITB), since changed by the Canada Staff Profit (CWB). The profit is a refundable tax credit score that dietary supplements the earnings of low-income staff, and is accessible to people 19 years of age or older who aren’t in class full time.

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For 2022, the CWB is the same as 27 per cent of every greenback of working earnings above $3,000, to a most credit score of $1,428 for single people with out dependents, and $2,461 for households ({couples} and single dad and mom). The CWB is phased out at a price of 15 per cent of every greenback of earnings above $23,495 for single people (with out dependents), and $26,805 for households. (Notice that quantities could also be totally different for residents of Alberta, Nunavut and Quebec.)

In 2018, about 1.4 million Canadians obtained the WITB. The important thing to qualifying for the WITB (or the CWB now) is that the person claiming the credit score should have “working earnings,” which is basically employment or enterprise earnings.

However how does one show working earnings for those who’re paid completely in money?

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That was the query earlier than the choose in a latest Tax Court docket of Canada case involving a Prince Edward Island resident and his WITB declare for the 2015, 2016 and 2017 taxation years. The taxpayer’s claims have been denied as a result of the Canada Income Company concluded he “was not actively working a enterprise” and had “not earned any working earnings giving entitlement to the WITB.”

By the use of background, the taxpayer lives “very modestly” in a trailer together with his spouse and was described by the court docket as a person “gifted with an unbiased spirit.” All through his life, he has held numerous jobs, together with as a bar singer in Montreal, in addition to gigs in expertise and building and renovation.

In court docket, the taxpayer was represented by a childhood buddy, a tax specialist, who additionally ready his tax returns for the three years in query. His buddy additionally occurs to personal a number of properties, the place the taxpayer carried out every kind of labor, together with the renovation of loos, set up of flooring, restore of flood harm and building of galleries and balconies, in addition to plumbing and electrical energy — briefly, something associated to renovation or upkeep.

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Throughout the tax years in query, the taxpayer solely labored through the summer time to be able to earn sufficient cash for him to spend the winter on a sailboat within the Bahamas. He didn’t want some huge cash as a result of he didn’t have any dependents and had only a few private bills. The annual bills for his sailboat amounted to $5,000. Every winter whereas on his boat, “it price him nothing to stay. He ate what he caught,” and testified, “Life on the ocean is just not costly … To stay on his sailboat … is … the absolute best life; it’s heaven on earth.”

In 2015, 2016 and 2017, the taxpayer declared enterprise earnings of solely $10,000 to $13,500, as a result of he was crusing for six months of the 12 months. He additionally didn’t incur, nor deduct, any enterprise bills, as his clients purchased any obligatory constructing supplies.

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His buddy paid him in money, however the taxpayer didn’t maintain any documentation of the earnings he earned or a register, though, in accordance with the choose, “he has since realized the significance of protecting a report and preserving any supporting paperwork.” His buddy marked the work, or the quantities paid to the taxpayer, on a small calendar and, on the finish of the 12 months, did the accounting. The taxpayer didn’t deposit his earnings in his checking account, however claimed to have declared all his earnings to the CRA on his returns.

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The CRA argued that the earnings the taxpayer declared was not associated to the operation of a enterprise or employment, as a result of he carried out a cash-only enterprise, stored no information, incurred no enterprise bills and produced no supporting paperwork to assist his claims. The taxpayer and his tax specialist buddy relied “virtually solely on their reminiscence, which is unreliable in nature.”

The choose acknowledged that “in a self-assessment system like we now have in Canada, protecting books and information is essential,” however the failure to maintain good information is just not, by itself, enough grounds to dismiss a case.

Absent good books and information, the burden of proof is actually greater and the choose should assess the credibility of the taxpayer and any witnesses, such because the tax specialist. As for working a money enterprise, the court docket cited prior jurisprudence which concluded: “Using money is authorized and legit … and it doesn’t essentially result in a conclusion of tax avoidance.”

The choose weighed all of the proof and was happy the earnings declared by the taxpayer through the years in query did, certainly, relate to the operation of a enterprise, was corroborated by his tax specialist and constituted working earnings. The choose, due to this fact, concluded the taxpayer was entitled to the WITB for the three years in query.

Jamie Golombek, CPA, CA, CFP, CLU, TEP is the managing director, Tax & Property Planning with CIBC Non-public Wealth in Toronto.



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