Taxpayer dinged with a taxable profit for taking a enterprise journey

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Your employer sends you on a enterprise journey. It occurs to be to Cancun, Mexico. You give a presentation, schmooze with shoppers who promote your merchandise and attend a wide range of social actions, together with a catamaran cruise. Years later, you get hit with a taxable employment profit since you went on that enterprise journey.

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If that end result appears ludicrous, you could be focused on a latest determination by the Court docket of Quebec, after a BMO Insurance coverage worker was assessed a taxable employment profit by Revenu Québec (RQ) of $1,872 in respect of a enterprise journey he took in 2015. Earlier than going into the main points of the case, nonetheless, let’s evaluate the final rule relating to taxable employment advantages.

Beneath the Revenue Tax Act, staff should embody of their earnings the worth of any advantages of any sort acquired by the worker “in respect of, in the midst of, or by advantage of his or her employment.”

In figuring out whether or not an worker should embody the worth of a profit acquired, the Canada Income Company (and RQ) appears at three figuring out elements: Does the profit offers the worker an financial benefit? Is the profit measurable and quantifiable? And does the profit primarily profit the worker, versus primarily benefiting the employer?

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The taxpayer in query right here has been an worker of BMO for the previous decade, the place he serves because the director of enterprise improvement. BMO provides a wide range of private insurance coverage merchandise to its prospects throughout Canada. Reasonably than make use of brokers or monetary advisers to promote its merchandise on to the general public, it depends on a community of managing normal brokers (MGAs), which act as intermediaries between the insurer and brokers and advisers. BMO’s main relationship with brokers and advisers is thru MGAs, making it essential that it has visibility with them, particularly by collaborating of their actions.

The taxpayer’s duties had been to handle relationships with MGAs, work with sellers and advisers, prepare them on BMO merchandise, and customarily encourage them to promote BMO merchandise to their shoppers.

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In August 2015, BMO was approached to sponsor an Elite Congress to be held in Cancun. The convention introduced collectively the MGA’s top-performing brokers and advisers. The sponsorship included airfare for one individual and every week’s lodge keep. By sponsoring the convention, an organization is entitled to make a presentation about its merchandise. BMO’s determination to take part in all these conferences relies on the enterprise quantity (or potential quantity) of a given MGA. BMO participates in roughly 5 conventions per 12 months, with every MGA internet hosting one conference each two to a few years.

Since this specific MGA had been a serious enterprise associate of BMO for a few years, the insurer noticed the convention as a great alternative to achieve visibility with brokers and agreed to sponsor it. It determined to ship the taxpayer to Cancun to characterize BMO.

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The convention, the one one the taxpayer attended in 2015, included various actions, some had been immediately associated to work, corresponding to an organization sales space and coaching classes, and a few had been varied leisure actions. The taxpayer gave a presentation about BMO’s merchandise, and took part in as many actions as attainable with shoppers, together with a catamaran outing, and had varied meals with brokers and advisers. Within the meantime, he continued to hold on his regular employment actions corresponding to responding to e-mails and returning cellphone calls.

Upon his return to Canada, the taxpayer despatched a “very detailed electronic mail” describing all of the conferences he had had with advisers or brokers, and the potential that resulted from them. His boss expressed appreciation for the event work he did in Cancun.

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The next 12 months, the MGA was the topic of a taxable profit audit associated to the Cancun convention during which RQ divided the attendees into three classes: MGA staff, the brokers and advisers who earned their place by qualifying in a gross sales contest, and representatives of the insurance coverage firms, together with the taxpayer.

RQ concluded that because the MGA staff had been despatched on the journey in the midst of their regular employment actions, the journey didn’t represent a taxable employment profit for them. Conversely, RQ decided that the journey constituted “leisure” for the successful advisers, and it assessed a taxable profit equal to 100 per cent of the worth of the journey.

However for workers attending on behalf of the sponsors, RQ took the place that solely 37.5 per cent of the journey was for enterprise functions, and the rest was a taxable profit. Because of this, RQ in Could 2018 reassessed the taxpayer for a taxable profit for 62.5 per cent of the worth of the journey, or $1,872.

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The taxpayer objected to the evaluation and took the matter to courtroom, arguing that his attendance on the Cancun convention ought to have been handled as a enterprise journey in its entirety, and never categorized, in any approach, as a taxable profit.

The decide who reviewed the case famous that prior case legislation acknowledges that whereas sure actions on all these enterprise journeys might, certainly, be “entertaining in nature,” this doesn’t forestall the first function of the journey being enterprise improvement. Moreover, the decide added, it was “not applicable to make a strict mathematical calculation to find out the proportion of leisure actions within the context of a given convention or journey. Reasonably, one should have a look at the general function of attending the convention.”

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Because of this, the decide concluded that no portion of the price of the journey ought to have been a taxable profit to the BMO worker, since his participation on the journey was neither an award nor a prize. He went to the convention alone, it was not thought-about or counted by BMO as a trip, there was an expectation he could be actively concerned in assembly with advisers and brokers, and he continued to handle his day-to-day employment duties even whereas he was away.

The taxpayer was additionally awarded prices.

Jamie Golombek, CPA, CA, CFP, CLU, TEP is the managing director, Tax & Property Planning with CIBC Personal Wealth in Toronto. Jamie.Golombek@cibc.com 

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