Did you know the MRQ has an office in Toronto?

 If you are not sure how this post is related to taxation, then I encourage you to please read on.

Were you aware that The Secrétariat aux Affaires Intergouvernementales Canadiennes had an office in Toronto?

The Secrétariat advises the Government of Québec on all Canadian intergovernmental matters, coordinates Québec government activities in Canada, assures the defence and promotion of Québec’s interests, and collaborates to strengthen links with Canada’s francophone and Acadian communities.

The mandate of this office which opened in 1973, is to promote and safeguard Québec’s interests in Ontario, Manitoba and Nunavut. The head of the Bureau du Québec à Toronto represents the Québec government in its relations with these three governments and is also in charge of Québec’s Vancouver branch office, which is mandated to maintain relations with the governments of British Columbia, Alberta, Saskatchewan, the Yukon and the Northwest Territories.

Contact information

Bureau du Québec à Toronto
20 Queen Street West, Suite 1504
P.O. Box 13
Toronto, Ontario M5H 3S3

Telephone: 416 977-6060
Fax: 416 596-1407
E-mail: bqtoronto@mce.gouv.qc.ca

Head: Paul-Arthur Huot

Intergovernmental and institutional relations

One of the main tasks of the Toronto office is to maintain and develop Québec’s intergovernmental and institutional relations with Ontario, Manitoba and Nunavut and facilitate exchanges with them. To that end, the office plays an active, ongoing liaison role with government and public departments and agencies such as universities, colleges and municipalities.

Economy

The office’s solid market expertise enables it to offer a wide range of economic and commercial consultation services to Québec businesses. It also promotes Québec products. Thus, the office:

• supports Québec businesses seeking to penetrate the Ontario and Manitoba markets;
• advises businesses in its territory looking to invest in Québec or market their products there;
• provides services proper to the regional economic context;
• bolsters business partnerships.

Culture

The office fosters an ongoing dialogue with the artists of Ontario and Manitoba to promote exchanges and develop a network for disseminating the work of Québec artists. Its activities are also aimed at promoting Québec’s cultural works and informing the people of Ontario and Manitoba on Québec culture.

Francophonie

The Office nurtures privileged ties with the Francophone organizations that are present on the territory it covers, thus fostering exchanges and partnerships between the Francophone representatives of these regions and Québec. It plays an active role in managing the programs arising out of the Québec Policy on the Canadian Francophonie, and in monitoring the various cooperation agreements.

E-mail: bqtoronto@mce.gouv.qc.ca

In the “Francophonie” section of its Website, the Secrétariat aux affaires intergouvernementales canadiennes offers useful information concerning the policy’s implementation and available financial assistance pursuant to the policy

Communications and public affairs

The Toronto office represents and promotes Québec. It informs Québec government authorities of the major political and economic issues in its territory. Hence, it:

• provides information and documentation on Québec;
• maintains relations with the national press;
• makes a daily survey of major events in its territory;
• informs Québec government authorities of, and advises them on, the major political, economic and social issues in Ontario and Manitoba.

Taxation

The ministère du Revenu du Québec (or MRQ) has a team of tax specialists at the Bureau du Québec à Toronto, who carry out the necessary verifications concerning Canadian firms that do business in Québec. The Toronto office offers taxpayers and agents a tax information telephone service. It also makes available a complete inventory of tax forms.

Telephone: 416 977-6060

E-mail: saic-bqtrev@mce.gouv.qc.ca

For further information on the Bureau du Québec à Toronto, feel free to contact the office’s personnel.

E-mail: bqtoronto@mce.gouv.qc.ca

http://www.saic.gouv.qc.ca/bureauduquebec/bureau_quebec_toronto_en.htm

so if you need help from the MRQ or need forms, or need direction you can call them, or email them.  If you need to file documents and returns, then drop them off there.

Now that’s service!

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Québec sales tax (QST) increased to 8.5% as of January 1, 2011

Did you know that there was an increase in the rate of the Québec sales tax (QST) as of January 1, 2011?

The QST rate increased from 7.5% to 8.5%.

The taxable supply of movable property or a service will be subject to the 8.5% QST rate if all or a portion of its consideration becomes due after December 31, 2010, and is not paid before January 1, 2011.

The taxable supply of an immovable by way of sale will be subject to the 8.5% QST rate if it is made pursuant to a written agreement entered into after December 31, 2010, under which the ownership and possession of the immovable will be transferred to the recipient after this date.

The taxable supply of the construction, renovation, alteration or repair of an immovable will also be subject to the 8.5% QST rate if it is made pursuant to a written agreement entered into after December 31, 2010.

However, the rules described above regarding the taxable supply of movable property or a service will also apply to the taxable supply of an immovable other than by way of sale.

Special rules apply to the following supplies: continuous supplies, budget payment arrangements with reconciliation, exchanges of movable property, primacy rules, the bringing of movable property to Québec, etc.

For further information, see page A.55 in Additional Information on the Budgetary Measures, published by the Ministère des Finances.

http://www.revenu.gouv.qc.ca/en/ministere/centre_information/nf/2009/hausse_taux_taxe.aspx

Consequential adjustments
Rounded-off mathematical factors. The QST is calculated on a consideration that includes the goods and services tax (GST) at a rate of 5%. With the increase in the QST to 8.5%, the effective rate of the QST (currently 7.875%) and the combined effective rate of the GST and the QST (12.875%) will be raised to 8.925% and 13.925% respectively as of January 1, 2011. The mathematical factors rounded to 7.87% and 12.87% will be replaced by factors rounded to 8.92% and 13.92% respectively, as of the same date.

Taxable benefit related to the cost of operating an automobile. The amount of QST to be included in the calculation of a registrant’s net tax related to the cost of operating an automobile corresponds to 4.7% of the value of the benefit. As of January 1, 2011, the rate of 4.7% will be raised to 5.4%.

Quick accounting methods. The prescribed rate for small businesses set at 2.7% for vendors of corporeal movable property and at 5.3% for other businesses will be raised to 3% and 6%, respectively. The prescribed rate for municipalities set at 4.6% and for other bodies set at 5.9% will be raised to 5.2% and 6.6%, respectively. The new prescribed rates will apply to any reporting period that starts after December 31, 2010.

Simplified method for calculating rebates regarding an expense account. The changes to be made to the mathematical factors and to the simplified method for calculating rebates regarding an expense account will be clarified by Revenu Québec at a later date.

Corresponding increase in the tobacco tax.
To reflect the increase in the QST rate as of January 1, 2011, the rates of the tobacco tax will be changed as follows:

the rate of 10.3 cents per cigarette will be raised to 10.6 cents per cigarette;
the rate of 10.3 cents per gram of loose tobacco or leaf tobacco will be raised to 10.6 cents per gram;
the rate of 15.85 cents per gram of any tobacco other than cigarettes, loose tobacco, leaf tobacco and cigars will be raised to 16.31 cents per gram;
the minimum rate applicable to a tobacco stick will be raised from 10.3 to 10.6 cents per stick;
the rate of 80% of the taxable price of cigars will remain unchanged.
Persons not under an agreement with Revenu Québec who sell tobacco products regarding which the specific tax on tobacco was collected in advance (or should have been) must take an inventory of all such products they have in stock at midnight on December 31, 2010, and remit, before January 29, 2011, an amount corresponding to the difference between the tax applicable at the new rates and that applicable at the rates in effect before midnight on December 31, 2010.

The same applies to collection officers under an agreement with Revenu Québec who sell tobacco products regarding which the specific tax on tobacco is paid in advance or has not yet been paid.

IRS – Treasury Regulation §301.6212-2: Definition of Last Known Address

I came across this IRS definition of “Last Known Address” which is very important as it outlines how the IRS views your address in their systems and the impact on you if you move and fail to notify the IRS, or if you send back your government mail marked “moved” yet you still live at that address.

I picked out the important parts and the whole document is available if you follow the URL as well.

The IRS and the CRA both view the last known address the same way.  If you do not update them with a new address when you move, then the last known address on file is the notice where they will send all government notices including monthly statements, refund cheques and collection / information notices. 

It is absolutely in your best interest to keep your address up to date and notify the government if you move.  The IRS takes it one step further than the CRA in that the IRS also checks with the US Postal Service to see if you have updated your address, while the CRA follows up returned mail in collection cases with a visit from your local field office to see if you have moved and talk to your neighbours and new owner / tenant for any forwarding information.

If you cannot be located after that, the CRA usually pulls a property search to see if you sold your property and a credit search to see if you moved (you always let your bank know!).  The enquiry on your credit report from the CRA should be enough to make you want to update them all by itself.

Here is the IRS regulation;

IRS – Treasury Regulation §301.6212-2: Definition of Last Known Address

This revenue procedure explains how the Internal Revenue Service is informed of a change of address. When so informed, the IRS will update the taxpayer’s address of record to the new address. The IRS uses the taxpayer’s address of record for the various documents that are required to be sent to a taxpayer’s “last known address” under the Internal Revenue Code and for refunds of overpayments of tax. Rev. Proc. 2001-18, 2001-1 C.B. 708, is superseded by this Revenue Procedure.

The Code sections listed in section 3.01 of this revenue procedure use the phrase “last known address.”

The meaning of the phrase “last known address” is important, and taxpayers should be aware of their need to update their address with the IRS in order to receive refunds of tax as well as the notices and documents listed in section 3.01 of this revenue procedure.  When a notice or document is sent to a taxpayer’s “last known address,” it is legally effective even if the taxpayer never receives it.

A taxpayer’s “last known address” is defined in Treas. Reg. § 301.6212-2(a) as the address on the taxpayer’s most recently filed and properly processed return, unless the IRS has been given clear and concise notification of a different address.

A taxpayer should take appropriate steps to ensure that his or her address is correct in accordance with the addressing standards of the United States Postal Service

(USPS) and, when providing the IRS with an address, should include all required addressing information, including apartment/suite number, street name and number, city, state, and zip code.

The IRS generally will use the address on the most recently filed and properly processed return as the address of record for all the notices and documents set forth in section 3.01 above. The IRS will, however, automatically update a taxpayer’s address of record based on a new address that the taxpayer provides the USPS that is retained in USPS’s National Change of Address database (NCOA database). See Treas. Reg. § 301.6212-2(b)(2). If a taxpayer wishes to change the address of record, the taxpayer must give clear and concise notification as provided by this revenue procedure. The terms “return,” “properly processed,” “address on return,” and “clear and concise notification” are defined in section 5 below.

If a taxpayer files a return with new address information, the proper processing of the return will update the taxpayer’s address of record. With the exception of the returns listed in section 4.04, a taxpayer’s address of record will be updated for the name and taxpayer identification number (the employer identification number, individual taxpayer identification number, or social security number) under which the return is filed.

If a taxpayer no longer wishes the address of record to be the one shown on the most recently filed return (for example, because the taxpayer moved after the return was filed), clear and concise notification of a change of address as defined in section

5.04 below should be provided to the Service.

If, after a joint return is filed, either taxpayer establishes a separate residence, each taxpayer should provide clear and concise notification of a current address to the Service as provided in section 4.02 above.

The IRS maintains address records for gift, estate, and generationskipping transfer tax returns (Forms 706, 706-A, 706-NA, 709, and 709-A) separate from the address records for individual income tax returns (Forms 1040, 1040-A, 1040-EZ, 1040 (NR), 1040 (PR), 1040-SS, and 1040-X). Thus, an individual taxpayer’s notification of a change of address should identify whether any gift, estate, or generation-skipping transfer tax returns are affected by the notification.

A taxpayer should notify the USPS facility serving the taxpayer’s old address of the taxpayer’s new address so that mail from the Service can be forwarded to the new address. The Service will also automatically update a taxpayer’s address of record based on a new address that the taxpayer provides to the USPS and that the USPS retains in its National Change of Address database. See Treas. Reg. § 301.6212-2(b)(2).  Taxpayers are nonetheless advised to notify the Service directly of a change of address to ensure a timely and accurate update of the Service’s address of record for the taxpayer.

If the taxpayer’s last known address is altered due to address reorganization or standardization measures taken by the USPS or a legislative body, the Service will treat the altered address as the taxpayer’s new address of record. Examples of an address reorganization or standardization measures include the redesignation of rural route addresses as street addresses or changes to zip code boundaries. Any clear and concise notification of a different address provided by the taxpayer to the Service subsequent to an address standardization or reorganization shall control over any address changes made pursuant to this section 4.06.

This revenue procedure is effective June 1, 2010.

http://www.irs.gov/pub/irs-drop/rp-10-16.pdf

Mailing to Supressed Holders – CRA and MRQ.

Have you ever wondered if you are required by law to mail out a tax slip to an individual / entity even though in doing so you know it will be returned by the post office marked as “undeliverable”.

These Q&A’s below may help you get a cleared picture of your legal requirements;

Q1: Is there a requirement to mail tax forms to suppressed holders?

A1: Yes. There is no statutory exception to this requirement. The forms specifically mentioned included; the T5, T5008, T4, T4PS, T4RSP, T4RIF, RSPR, T3, NR4, T5013 and T101.

Q2: Will the government excuse you from mailing to suppressed holders if the issuer/client advises you not to mail them / their clients?

A2: No, the obligation to mail is yours, because you make the payment (e.g. dividend or interest). In fact, if there were a penalty charged for failing to provide a tax slip, it would be on you, not the entity or person advising you.

The Income Tax Act does not specifically say “you must mail to suppressed holders”.  Rather, it states that if you make a payment, you have to send out a tax form.   The Income Tax Act does not make a distinction between suppressed holders and other holders. (Note, even though we do not actually “make a payment” – in that we do not send out a cheque to a suppressed holder – the analysis is the same.)

Q3: Is the requirement to mail absolute regardless of the dollar amount, or is there a dollar amount threshold? For example, don’t have to mail unless the aggregate amount paid to a holder is greater than $50.00.

A3: There is a $50 threshold for T5 reporting (that is, the CRA does not require that a T5 be prepared if the amount of the payment was less than $50).  For the other tax forms, there is no threshold.

Q4: What about prior tax years?  Do we have to mail these prior years’ tax forms if requested?

A4: There is nothing in the Income Tax Act which would alleviate the responsibility to provide prior year forms and failing to provide one may result in a complaint and subsequent audit.

Q5: What is the situation with respect to suppressed holders under the Quebec income tax regime, the MRQ?

A5: Similar to the Federal Income Tax Act, under the Quebec income tax regime (a) there is a requirement to mail the tax forms and (b) you are not excused from mailing if the issuer/client advises you not to mail.

Bottom line… Mail!

Change to the Dividend Tax Credit Rate – MRQ

Further to an announcement made by the Québec Minister of Finance, the rate of the dividend tax credit will be modified for the 2010 taxation year.

The current rate of 17.255% will be reduced to 17.136%. This change will affect the RL-3 slip (box C), the RL-15 slip (box 44), the RL-16 slip (box J) and the RL-25 slip (box G).

The new rate must be taken into account for certification purposes, and in the production of the slips concerned for 2010.

Is anyone tracking this?

I’m looking for confirmation that it still is a go.

Is there a requirement for a US company who is mailing a tax document to a resident of Quebec to mail the document in French?

 

After some investigation, speaking to the IRS, and then to the CRA, I found nothing. I should have reached out to the Quebec government.

Legally, an employer must provide a French version of a document if requested by the employee as stipulated in
The Charter of the French Language.  Here is the link: http://www.olf.gouv.qc.ca/english/charter/index.html

2. Every person has a right to have the civil administration, the health services and social services, the public utility enterprises, the professional corporations, the associations of employees and all enterprises doing business in Quebec communicate with him in French.

6. Every person eligible for instruction in Québec has a right to receive that instruction in French

The Penalties:

Section 205. Every person who contravenes a provision of this Act or the regulations adopted by the Government thereunder commits an offence and is liable

(a) for each offence, to a fine of $250 to $700 in the case of a natural person, and of $500 to $l,400 in the case of a legal person;

(b) for any subsequent conviction, to a fine of $500 to $1,400 in the case of a natural person, and of $1,000 to $7,000 in the case of a legal person.

Now we know!