2023 June Tax News

New information released on upcoming payment of grocery rebate

June 23, 2023

The federal government has released additional details of the “grocery rebate” which was announced in the 2023 federal Budget. That rebate is scheduled to be paid to eligible Canadians on July 5, 2023.

The federal government release states that the grocery rebate will be double the amount of any GST/HST tax credit received by an individual in January 2023. Specifically, single individuals without children can receive a maximum of $234, while married individuals without children can receive a maximum of $306.  For both groups, the maximum rebate receivable increases with family size.

Details of eligibility requirements for the rebate, and how it is calculated, can be found on the federal government website at New Grocery Rebate – Canada.ca.

Claiming a deduction for moving costs (June 2023)

June 17, 2023

Sales of residential real estate across Canada are, after a slowdown in 2022, once again on the rise. Back-to-back increases in sales figures during February and March 2023 were followed by a double digit increase in such sales during the month of April. Those figures mean that tens of thousands of Canadians will be closing home sales transactions and moving this spring and summer. And, whatever the reason for the move or the distance to the new location, all moves have two things in common – stress and cost. Even where the move is a desired one – from an apartment to a first home, or moving to take one’s dream job, any move inevitably means upheaval of one’s life, and the costs (especially for a long-distance move) can be very significant. There is not much that can diminish the stress of moving, but the associated costs can be offset somewhat by a tax deduction which may be claimed for many of those costs.

While it’s common to refer simply to the “moving expense deduction”, as though it were available in all circumstances, the fact is that there is actually no across-the-board deduction available for moving costs. In order to be deductible from income for tax purposes, such moving costs must be incurred in specific and relatively narrow circumstances. Our tax system allows taxpayers to claim a deduction only where the move is made to get the taxpayer closer to his or her new place of work, whether that work is a transfer, a new job, or starting a business. Specifically, moving expenses can be deducted where the move is made to bring the taxpayer at least 40 kilometres closer to his or her new place of work. That requirement is satisfied where, for instance, a taxpayer moves from Ottawa to Calgary to take a new job. It’s also met where a taxpayer is transferred by his or her employer to another job in a different location and the taxpayer’s move will bring him or her at least 40 kilometres closer to the new work location. The requirement is not met where an individual or family move up the property ladder by selling and purchasing a new home (or buying a first home) in the same town or city where they currently live, without any change in work location.

As well, it’s not actually necessary to be a homeowner in order to claim moving expenses. The list of moving related expenses which may be deducted is basically the same for everyone – homeowner or tenant – who meets the 40-kilometre requirement. Students who move to take a summer job (even if that move is back to the family home) can also make a claim for moving expenses where that move meets the 40-kilometre requirement.

It’s important to remember, however, that even where the 40-kilometre requirement is met, it’s possible to deduct moving costs only from employment or self-employment (business) income – no deduction is allowed from other sources of income, like investment income or employment insurance benefits.

The general rule is that a taxpayer can claim most reasonable amounts that were paid for moving themself, family members, and household effects. In all cases, the moving expenses can only be deducted from employment or self-employment income which is earned at the new location. Where the move takes place later in the year, and moving costs are significant, it’s possible that the amount of income earned at the new location in the year of the move will be less than deductible moving expenses incurred. In such instances, those expenses can be carried over and deducted from employment or self-employment income earned at the new location in any future year.

Within the general rule, there are a number of specific inclusions, exclusions, and limitations. The following is a list of expenses which can be claimed by the taxpayer without specific dollar figure restrictions (but subject, as always, to the overriding requirement of “reasonableness”):

• Traveling expenses, including vehicle expenses, meals, and accommodation, to move the taxpayer and members of their family to the new residence (note that not all members of the household have to travel together or at the same time);
• Transportation and storage costs (such as packing, hauling, movers, in-transit storage, and insurance) for household effects, including such items as boats and trailers;
• Costs for up to 15 days for meals and temporary accommodation near the old and the new residences for the taxpayer and members of the household;
• Lease cancellation charges (but not rent) on the old residence;
• Legal or notary fees incurred for the purchase of the new residence, together with any taxes paid for the transfer or registration of title to the new residence (excluding GST or HST); 
• The cost of selling the old residence, including advertising, notary or legal fees, real estate commissions, and any mortgage penalties paid when a mortgage is paid off before maturity; and
• The cost of changing an address on legal documents, replacing driving licences and non-commercial vehicle permits (except insurance), and costs related to utility hook-ups and disconnections.

Every homeowner who is moving must decide whether to sell their current home before purchasing the new one, or to secure a new home first, and then put their current home on the market. Those who decide on the second approach are entitled to deduct up to $5,000 in costs incurred for the maintenance of the “old” residence while it is vacant and it is on the market. Specifically, costs including interest, property taxes, insurance premiums, and heat and utilities expenses paid to maintain the old residence while efforts were being made to sell it may be deducted. If any family members are still living at the old residence, or it is being rented, no such deduction is available.

It may seem from the forgoing that virtually all moving-related costs will be deductible – however, there are some costs for which the Canada Revenue Agency (CRA) will not permit a deduction to be claimed, as follows:

• Expenses for work done to make the old residence more saleable;
• Any loss incurred on the sale of the old residence;
• Expenses for job-hunting or house-hunting trips to another city (for example, costs to travel to job interviews or meet with real estate agents);
• Expenses incurred to clean or repair a rental residence to meet the landlord’s standards;
• Costs to replace such personal-use items as drapery and carpets;
• Mail forwarding costs; and
• Mortgage default insurance.

To claim a deduction for any eligible costs incurred, supporting receipts must be obtained. While the receipts do not have to be filed with the return on which the related deduction is claimed, they must be kept in case the CRA wants to review them.

Anyone who has ever moved knows that there are an endless number of details to be dealt with. For some types of costs, the administrative burden of claiming moving-related expenses can be minimized by choosing to claim a standardized amount, rather than the actual amount of expense incurrred. Specifically, the CRA allows taxpayers to claim a fixed amount, without the need for detailed receipts, for travel and meal expenses related to a move. Using that standardized, or flat rate method, taxpayers may claim up to $23 per meal, to a maximum of $69 per day, for each person in the household. Similarly, the taxpayer can claim a set per-kilometre amount for kilometres driven in connection with the move. The per-kilometre amount ranges from 55.0 cents for Alberta and Saskatchewan to 67.5 cents for the Northwest Territories. In all cases, it is the province or territory in which the travel begins which determines the applicable rate.

These standardized travel and meal expense rates are those which were in effect for the 2022 taxation year – the CRA will be posting the rates for 2023 on its website early in 2024, in time for the tax filing season.

Once eligibility for the moving expense deduction is established, the rules which govern the calculation of the available deduction are not complex, but they are very detailed. The best summary of those rules is found on the form used to claim such expenses – the T1-M. The current version of that form can be found on the CRA’s website at Moving Expenses Deduction. (canada.ca) and more information (including a link to rates for standardized meal and travel cost claims) is available at Line 21900 – Moving expenses – Canada.ca.

Making sure your taxes for 2023 are on track (June 2023)

June 17, 2023

Many, if not most, taxpayers think of tax planning as a year-end exercise to be carried out in the last few weeks of the year, with a view to taking the steps needed to minimize the tax bill for the current year. And it’s true that almost all strategies needed to both minimize the tax hit for the year and to ensure that there won’t be a big tax bill come next April must be taken by December 31 of the current calendar year (the making of registered retirement savings plan (RRSP) contributions being the notable exception). Nonetheless, there’s a lot to recommend carrying out a mid-year review of one’s tax situation for the current year. Doing that review mid-year, instead of waiting until December, gives the taxpayer the chance to make sure that everything is on track and to put into place any adjustments needed to help ensure that there are no tax surprises when the income tax return for 2023 is filed next spring. As well, while the deadline for implementing most tax saving strategies may be December 31, the window of opportunity to make a significant difference to one’s current-year tax situation does narrow as the calendar year progresses.

By the middle of June, most Canadians will have filed their individual income tax return for the 2022 tax year and received a Notice of Assessment outlining their tax position for that year. Those who receive a refund will celebrate that fact; less happily, those who receive a tax bill will pay the amount owed, however reluctantly. Although few Canadians have this perspective, the reality is that getting either a big tax refund or having to pay a large tax bill is a sign that one’s tax affairs need attention. A refund, especially a large refund, means that the taxpayer has overpaid his or her taxes for the previous year and has essentially provided the Canada Revenue Agency with an interest-free loan of funds that could have been put to better use in the taxpayer’s hands. The other outcome – a large bill – means that taxes have been underpaid for the previous year and could mean paying interest charges to the CRA. Either way, it’s in the taxpayer’s best interests to ensure that tax paid throughout the year is sufficient to cover his or her taxes, without overpaying or underpaying. The best-case scenario is to file a tax return and receive a Notice of Assessment which indicates that there is neither a substantial refund payable nor any significant amount owing.

For most Canadians, income and available deductions and credits don’t vary substantially from one year to the next. Where that’s the case, the amount of tax owed by the taxpayer for 2022 (a figure that can be found on Line 43500 of the Notice of Assessment) is likely to be very close to one’s tax liability for 2023.

After determining the amount of one’s tax liability for 2022, the next step in doing a review is to get a sense of how much tax has already been paid for the 2023 tax year. There are two ways of paying taxes throughout the year. The majority of Canadians (including all employees) have income taxes deducted from their paycheques and remitted to the federal government on their behalf – known as source deductions. Taxpayers who do not have income tax deducted at source – which would include self-employed individuals and, frequently, retired taxpayers – make tax payments directly to the federal government (four times a year, in March, June, September, and December) through the tax instalment system.

Using the tax payable figure for 2022 as a guide, it’s necessary to figure out whether income tax payments made to date, either by source deductions or instalment payments, match up with that tax liability figure, recognizing that by this point in the year, approximately one-half of taxes for 2023 should already have been paid. If they haven’t, and particularly if there is a significant shortfall which will mean a large balance owing when the tax return for 2023 is filed next spring, the taxpayer will need to take steps to remedy that.

Where the individual involved pays tax by instalments, the solution is simple. He or she can simply increase or decrease the amount of remaining instalment payments made in 2023 so that the total instalment payments made over the course of this year accurately reflect the total tax payable for the year. The only caveat in that situation is that the individual should err on the side of caution to ensure that there isn’t a shortfall in instalment payments, which could result in interest charges being levied by the CRA.

The situation is a little more complex for employees, or anyone who has tax deducted at source. Often when such individuals discover that they are overpaying taxes through source deductions, it’s because other deductions which they claim on their return for the year – for expenditures like deductible support payments, child care expenses, or contributions to an RRSP – aren’t taken into account in calculating the amount of tax to deduct at source. The solution for employees who find themselves in that situation is to file a Form T1213 – Request to Reduce Tax Deductions at Source, which is available on the CRA website at T1213 Request to Reduce Tax Deductions at Source – Canada.ca. On that form, the taxpayer identifies the amounts which will be deducted on the return for the year and, once the CRA verifies that those deductible expenditures are being made, it will authorize the taxpayer’s employer to reduce the amount of tax which is being withheld at source to take account of that deduction.

Where it’s the opposite situation and a taxpayer finds that source deductions being made will not be sufficient to cover his or her tax liability for the year (meaning a tax bill to be paid next spring), the solution is to have those source deductions increased. To do that, the employee needs to obtain a federal TD1 form for 2023, which is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/td1-personal-tax-credits-returns/td1-forms-pay-received-on-january-1-later.html. On the reverse side of that Form TD1, there is a section entitled “Additional tax to be deducted”, in which the employee can direct his or her employer to deduct additional amounts at source for income tax, and can specify the dollar amount which is to be deducted from each paycheque, on a go-forward basis.

Alternatively, the taxpayer who is looking at a large tax bill on filing the 2023 return can take steps to bring down that bill by creating or increasing available deductions. The most widely available strategy which will provide the greatest tax savings is an RRSP contribution, which reduces taxable income on a dollar-for-dollar basis. And while it’s difficult for most taxpayers to come up with such a contribution at the last minute, starting mid-year to transfer a set amount from each paycheque received between June of 2023 and February of 2024 to one’s RRSP can result in a substantial contribution deduction and a resulting reduction in the tax bill for the year.

No one particularly likes thinking about taxes, at any time of year, but ignoring the issue definitely won’t make it go away. The investment of a few hours of time now, and putting in place any needed adjustments, can mean avoiding a nasty surprise in the form of a large balance owing when the return for 2023 is completed next spring.

Claiming the principal residence exemption in 2023 – some new rules (June 2023)

June 17, 2023

The purchase of a first home is a milestone in anyone’s life, for many reasons. A home purchase is likely the largest single financial transaction most Canadians will enter into in their lives, and having the ability to buy one’s own home has traditionally been perceived as a marker of financial success and stability.

While there are many intangible benefits to owning a home, home ownership also provides some very tangible and significant financial advantages. Specifically, it provides the opportunity to accumulate wealth through increases in home equity, and to realize that wealth on a truly tax-free basis.

Most Canadians who purchase a home do so by making a down payment and borrowing the remainder of the purchase price of the home from a financial institution. That borrowing – the home mortgage – is paid off, with interest, usually over a 25- or 30-year period, at the end of which the homeowner owns the property outright. And, in virtually all instances, the value of that property is likely to be many times more than the original purchase price. In many locations in Canada, a home purchased in 1998 for $200,000 could have, by 2023, a market value of $1,000,000.

The real benefit of such asset growth, however, is found in the way such increases in value are treated for tax purposes. The Canadian tax system is a very comprehensive one, and there are very few sources of income or investment gains which escape the tax net. Home ownership is one of those few exceptions.

Under Canadian tax rules, where an asset is sold, the increase in the value of that asset over its original purchase price is treated as a capital gain, 50% of which must be included in taxable income and taxed as such. However, where a family home is sold, any increase in value (that is, any gain) is exempt from tax, regardless of the amount of such gain. Continuing the above example, a homeowner who paid $200,000 for a home in 1998 and sells that home in 2023 for $1,000,000 has a gain of $800,000. Assuming that the property was lived in and used as a home (a “principal residence” in tax parlance) for the entire 23 years of ownership, the full $800,000 gain can be received tax-free. If that gain were treated as a capital gain, and taxed as such, approximately $200,000 of the gain would have to be paid in capital gains tax.

The tax-free status of gains made on the sale of a family home is known, for tax purposes, as the principal residence exemption (PRE) and has been available to Canadians since 1972. And, for nearly 45 years after that, there were no changes made to the rules governing the availability of the exemption, or the reporting requirements for claiming it. In the last eight years, however, and especially in 2023, the rules with respect to the exemption have been tightened.

The need for changes arose out of a perceived change in the way the housing market operated, resulting from unprecedented increases in the price of residential properties over a relatively short period of time. While there are have always been individuals or companies who purchased properties with the intent of reselling them, perhaps after undertaking renovations, most purchases of residential real estate were made by individuals or families intending to live in them. However, it became possible, over the past 10 or 15 years, to purchase a property and re-sell it relatively soon thereafter for a very substantial profit. And, where the PRE was claimed on that sale, the entire profit would be received tax-free.

These changes in the housing market led to what the federal government perceived as a situation in which housing was being bought and sold as a commodity rather than for its traditional purpose of providing a home, and that the principal residence exemption was being used to avoid the payment of profits made from the “flipping” of properties in a way that was never intended. A secondary effect of such “commodification” of residential real estate was to drive up the price of properties, putting home ownership further and further out of the reach of the average Canadian.

For both these reasons, the federal government moved, in 2016 and again in 2023, to make changes to ensure that the principal residence exemption was being used for its intended purpose, and only by those who were entitled to claim it.

The first such change, which took effect as of January 1, 2016, was an administrative measure which required taxpayers, for the first time, to report any transaction for which the PRE was being claimed. Beginning with the 2016 tax year, individuals who are claiming the PRE for a property sale which took place during the year are required to complete Schedule 3 on their tax return for the year, confirming that fact and indicating the tax years for which the exemption is being claimed.

It’s important to note that the new requirement to report any claims for the PRE does not in any way change the rules respecting either eligibility for the exemption or the tax treatment of amounts received on the sale of a principal residence. What it does, however, is provide the tax authorities with information which could flag claims for the PRE which those tax authorities view as requiring further investigation. For instance, where an individual claims the principal residence exemption on two sales of residential property within a three-year period, it’s very likely that the tax authorities will want further information to determine whether either or both such transactions fit within the ambit of the rules governing the PRE.

In fact, as reported in the media, the Canada Revenue Agency has sent out “educational letters” to several hundred taxpayers who have claimed the PRE in circumstances which the CRA believes merit further investigation. Those letters suggest that taxpayers contact the CRA to provide an explanation for their use of the PRE, or to amend their return(s) if necessary.

These CRA enforcement activities are unlikely to affect taxpayers who sell a principal residence perhaps two or three times during their lifetime: the CRA’s efforts are directed at those who may be repeatedly using the PRE to shelter income or capital gains which should be reported as (and taxed as) income. Nonetheless, it remains the case that anyone claiming the PRE in any year after 2015 must file a Schedule 3 with their return for the year, certifying that fact, in order to be able to benefit from it.

The second change made by the federal government with respect to the PRE was much more substantive, and aimed directly at those who, in the government’s view, are misusing the PRE. That change, which is effective as of 2023, provides that anyone who sells a property which they have owned for less than 12 months would be considered to be “flipping” properties. Where that is the case, 100% of any gain made on the sale of the property would be included in income and taxed as business income. In other words, not only would the seller of the property not be eligible for the PRE, the gains made on the sale of the property would not be treated as a capital gain (only half of which is included in income for tax purposes) but as business income, the entirety of which is included in income and taxed as such.

The difference in the tax result is best illustrated using the example above. An individual who purchases a property for $200,000 and sells that property for $1,000,000 has a gain of $800,000. The result of the different possible tax treatments of that gain is as follows:

• Where the sale is fully eligible for the principal residence exemption, the total tax payable on the gain is $0;
• Where the gain is treated as a capital gain, the total tax payable on that gain is about $200,000; and
• Where the property sale takes place after 2022 and the property was owned for less than 12 months, the new rule will apply, and the total tax payable on the gain will be about $400,000.

Of course, while most Canadians who purchase a home to live in as a principal residence don’t intend to sell within a year of purchase, life’s circumstances can sometimes dictate a different outcome. Consequently, exemptions from the new tax consequences of selling within 12 months of purchase will be provide for Canadians who sell their home due to specified life events, such as a death, disability, the birth of a child, a new job, or a divorce. 

The changes made to the PRE rules in 2016 and 2023 don’t change the fact that home ownership remains one of the very best tax savings and wealth building strategies available to Canadians. Those who buy intending to live in the property as a family home are unlikely to be affected by the 2023 rule changes, and compliance with the new reporting requirements introduced in 2016 will ensure that they make the most of the tax saving possibilities available to them.

More information on the rules governing the sale of a principal residence and claiming the exemption can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-income/line-12700-capital-gains/principal-residence-other-real-estate/sale-your-principal-residence.html  and https://www.budget.canada.ca/2022/report-rapport/chap1-en.html#2022-4.

June 15, 2023 filing deadline for self-employed taxpayers

June 3, 2023

While most Canadian taxpayers were required to file their income tax returns for the 2022 tax year on or before May 1, 2023, self-employed taxpayers (and their spouses) have until Thursday June 15, 2023 to file such returns.

The extended filing deadline does not apply to payment of taxes owed for the 2022 tax year, as all such payments were due on or before May 1, 2023. Where payments have not been made in full, interest on any shortfall is currently accruing at a rate of 9%, compounded daily.

Information on filing a return for 2022 can be found on the Canada Revenue Agency website at https://www.canada.ca/en/services/taxes/income-tax/personal-income-tax.html and https://www.canada.ca/en/revenue-agency/services/e-services/e-services-individuals/netfile-overview.html.

Second individual income tax instalment for 2023 due June 15

June 3, 2023

Canadians who pay income tax by instalment make those instalment payments of tax four times each year, by specified deadlines.

The second income tax instalment deadline for the 2023 tax year falls on Thursday, June 15. Information on the instalment payment program, available options with respect to determining the amount of instalment payment to be made, and methods for making an instalment payment can be found on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/payments-cra/individual-payments/income-tax-instalments.html.

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