Happy Canada Day! Don’t Forget About Taxation!

Happy Canada Day, Canada.  You don’t look a day over 150-years-old!

Happy 150th Birthday Canada!

There are so many things to be thankful of this Canada Day, beginning with Tim Horton’s and hockey and ending with socialized medicine and peace.  But in between there is a whole lot of taxation.  Taxes you pay which go to build new arenas, which pay for medicine, which support the troops who keep us safe, and fund programs which integrates youth of all backgrounds, races, religions and income levels together in order to keep violence as low as possible.

These are the taxes we cannot avoid paying – unless we stop spending – and they are the consumption taxes (GST/HST), gas tax, liquor tax, and many more, and there are taxes on wealth, like personal income tax, as well as Corporate taxes.  There are also payroll taxes and any other fee, levy or revenue tool (all taxes but given a different name).

For the most part, these taxes are unavoidable, and as Canadians we pay them knowing that money goes back into the economy and helps people.

What I do not understand, however, is why people pay more taxes than they are required to pay, or can afford to pay, and these taxes are viewed by people in the Canada Revenue Agency (CRA) as a “stupid” or “lazy” tax and what they are referring to are penalties and interest.

It is my belief that no one should pay any penalties or interest.  Ever.  Why give the CRA more money than they are seeking through the Income Tax Act or the Excise Tax Act.

If you work with an accountant or tax preparer, there should be no reason for late filings or late remittances, or for missing out on key deductions because that representative should know you, and the industry you work in, and be able to keep you current and free of penalties and interest.

But there are many legitimate reasons why people file late, and incur penalties and watch interest accrue on their tax accounts, and these people are then hammered by the CRA and need help, which is why I created inTAXicating.  My goal here is to help you get out of the troubles that you have gotten into and by help, I mean rehabilitate you and get you current on your filings, help you reduce your balance owing, apply for taxpayer relief (fairness) if it applies to you, and get you on a remitting and reporting schedule which ensures you are never late again.

Too many firms out there have watered down the “Tax Solution” process to the point where you pay them a ton of money, they “fix” your issue and then another one pops up, all because they are experts in taking money and not experts in resolving CRA debt issues.

The best part about working with inTAXicating is having the expertise where you need it.  If your problem is with collections or enforcement then you need the person who worked in that area, and trained and managed the collectors and who can tell you the CRA’s next move before they can.

Being audited?  Recently assessed?  Don’t understand a letter?  Balance looks too high?

There is no tax situation too scary, or too difficult to figure out.  Business taxes, personal taxes, GST/HST, payroll, T2’s, provincial, federal, liens, RTP’s, appeals, VDP… We’ve seen it all, handled it all, and have been successful with it all.

Just because it’s July 1st and summertime doesn’t mean the CRA stops working too.  In fact, it’s the opposite.  With more time on their hands, the CRA’s collections staff have the time to thoroughly research tax files which have balances on them to see what they can do to ge the account paid in full.

My experience working in the CRA for almost 11-years, tells me that the majority of in depth investigations occurs during the summer months.

Make summertime the best time to resolve that nagging tax problem.

If you have a tax problem, we have a tax solution.

inTAXicating is a part of Goldhar Tax Solutions, and you can find us at http://www.goldhartaxsolutions.ca

You can also find us on twitter @GoldharTAX, or call us at 647.812.0181, or Toll Free @ 1.877.TAX.AID1 (1.877.829.2431)

Or email us: Tax@Goldhar.ca

 

What are you waiting for?

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Common GST / HST Questions asked this past week

Below are some common GST/HST questions ask by readers of this blog through either email, Facebook comments, Tweets, or search queries.  I wanted to share the question, and provide the answer to save readers some time.

Q: Can you charge HST without an HST number?

A: No.

Q: Collecting GST when not registered?

A: Don’t.

Q: When do I have to start charging GST?

A: When you register or when you earn more than $30.000.00, or $2500 in HST.

Q: Do I have to charge HST under $30 000?

A: Yes, if you’re registered.

Q: Can you charge HST without a HST number?

A: No.

Q: What is the GST $30000 threshold?

A: It is the threshold that the Canada Revenue Agency (CRA) states determines when you must register for the GST/HST.  Under $30,000 in taxable sales, registration for GST/HST is voluntary.  Once you hit $30,001, then it is required.

Q: Do I charge HST if I make less than 30000?

A: Earn, not make, and you don’t have to, but I strongly recommend it.

Q: What are the CRA invoice requirements?

Better worded as what are the invoice requirements if I am registered for the GST / HST?

A: To have your GST / HST number clearly displayed on the bottom of your invoices so people who pay you GST / HST know you are actually registered.

Q: How does GST or HST work?

A: Basically, if you sell or provide goods and services in Canada, you must charge customers the Goods and Services Tax (GST) or the Harmonized Sales Tax (HST) unless your business qualifies as an exception.

If your Canadian business fits one of the exceptions, it won’t have to charge, collect and remit GST/HST.
The two possible exceptions are:
1. You sell or provide a good or service that the CRA has classified at being “zero-rated” or “exempt”
2. You are a small supplier

Zero-rated goods and services, such as exports, medical devices or basic groceries, are charged 0% HST. Exempt goods and services, such as golf or music lessons, child care, etc., are exempted from GST/HST, so they are not subjected to the tax.

A small supplier is one who has total taxable revenues before expenses from all your businesses of less than $30,000 or less in the last four consecutive calendar quarters and in any single calendar quarter.

Q: Any industries or professions have to apply for GST / HST right away?

A: Yes. Taxi and limousine operators and non-resident performers have to charge GST/HST even if they are small suppliers.

Q: Do I want to register for GST / HST even though I’m considered a small supplier?

A: Yes

Q: How do I register for GST/HST?
CRA makes registration easy for Canadian’s. You can register by phone (call the Canada Revenue Agency at 1-800-959-5525), online, by mail or even in person at a tax office.
(Note that if your business is in Quebec, you need to contact Revenu Quebec instead at 1-800-567-4692 as they deal with GST/HST in that province.)

If your small business starts out as a small supplier and you make more than the small supplier limit ($30,000) you’ll want to register for GST/HST right away; in the eyes of the Canada Revenue Agency, you are now a GST registrant and you:
1) have to collect GST/HST on the supply that made your revenue go over $30,000;

2) have to register within 29 days of the day that you made the supply that made your revenue go over $30,000.

What causes problems for small businesses is they don’t realize they’ve gone over the limit until some time later when they’re doing the books and then discover they didn’t charge the GST/HST when they should have.  Small suppliers must watch their revenue carefully.

Q: What is a BN?

A: When you register, your business will be assigned a business number (BN); this is the number that you and the CRA will use to identify your business. (You’ll be using it on all your invoices, in your accounting system, and in all your tax-related correspondence with the CRA.)

Q: Do I need to charge the GST/HST?

(Answers the question whether or not you need to charge GST/HST on your sales of goods or services.)

A: Sales of zero-rated or exempt goods and the small supplier exception are discussed later.

Q: Shipping Out of Province: Should You Charge GST/HST?

A: Yes.  Depends on the province you are shipping to.  They pay the applicable rate in their province.

Q: What’s the difference between zero-rated and exempt goods and services?

A: These are two special classes of goods and services that the customer does not pay GST/HST on but in the case of zero-rated goods you, the provider of goods or services, can still claim input tax credits.

Hope this helps!

If anyone has any questions, concerns or comments about the GST/HST and need additional assistance, please contact us at tax@goldhar.ca.

 

 

How We Help: GST/HST, Deemed Trust, s.160 Assessment and T2’s

A couple of months ago, I received a call from a senior law partner at one of Toronto’s top law firms asking me if I could help out a client of theirs with a messy tax problem because their firm was just too expensive for the couple.

I was told there was a balance owing to the CRA for GST/HST, and that the firm was essentially bankrupt, they feel they don’t owe the money and the CRA was threatening to raise a Deemed Trust followed by a s.160 assessment.

All over $30,000 owing to the CRA.

Sounds simple enough…

Confirm the amounts, then figure out if the balance is actually owing, tie up loose ends then make arrangements between the client and the CRA to resolve both matters.

I connected with the couple, got their side of the story, then met their wonderful accountant and got her side of the story.  I took all of that information, and had a nice long chat with the Collector at the CRA.

Here is the CRA’s side;

The couple owned a business, which accumulated debt through the filing of GST/HST but never paying it.  They also failed to file T2 returns.

The company had at one point in time sought financing and ended up pledging their inventory in return.  When the business began to slow down, the lender took the assets, and sold them to pay back the money they had lent to the business.

There was a shortfall.

The CRA did not like this at all.

With money owing to the CRA, they used their Deemed Trust provision and raised a s.160 non-arms length assessment against the lender for taking the inventory and disposing of it without paying the CRA.

The CRA were just waiting for the corporations director to file for bankruptcy before they actioned the s.160 because that would survive the bankruptcy and would result in the CRA getting paid on all fronts.

But logic sold me that a business which was struggling would not have significant amounts of GST/HST owing in its final years.

Something did not seem right.

I called back the CRA Collections office who, quite frankly, was extremely unhappy about having to answer additional questions about the origin of the debts… Again.

I had asked her to go through the last 3-years worth of filed GST/HST returns and give me verbal figures for Total Sales, GST Collected, and Input Tax Credits.

She started.  The first year was fine.

The second year was fine.

The third year, she started, “Total Sales were $25,000”, “GST Collected was $1,500” and ITC’s were …

… she paused…

“No ITC’s, eh?” was my response.

“No.  No ITC’s”, she said, completely puzzled.

“So I don’t expect there to be any ITC’s on any of the returns going forward, is that accurate?” I asked.

“No ITC’s on any of the returns going forward… That’s so unusual”, was her response.

We re-filed the last 6 GST/HST returns to include the ITC’s.  They went through a desk audit quickly because of the notes indicating someone missed ITC’s, and upon posting knocked down the balance owing considerably.

The s.160 assessment was cancelled and the remaining, much smaller balance was paid in full.

I introduced them to one of the fantastic accountants in my network who quickly completed the T2’s for them.

Everyone left happy.

That’s how we help!  Knowing the ins and outs of the CRA’s collections department and even think that something might have posted incorrectly, 4-years ago.

inTAXicating by Goldhar!

 

 

Your Canada Revenue Agency (CRA) Tax Collections Questions Answered

Here are the answers to the most frequently asked CRA Tax collections questions from the past weekend:IMG_7817

  1. Can you bribe a CRA officer in Canada?

Answer: NO.

First off, bribing a CRA officer is a criminal offense and you could quickly wind up with the RCMP at your door, or under investigation, but more realistically, the staff at the CRA tend to be lifelong civil servants and one of the great benefits of working in the civil service is the great pension.  Few civil servants are willing to even entertain the thought of giving up their pensions, let alone going to jail for someone when they have hundreds of other people to collect from.

2.   Is there GST/HST on a lien?

Answer: Let’s presume that the question is asking if there is additional GST / HST on a lien, and the lien has been registered by the Canada Revenue Agency (CRA).  In that scenario, the answer is no.

The CRA would register a lien for unpaid or unfiled (and assessed) GST / HST, and the amount used for the lien is the amount owing on the day it has been registered in Federal Court.  This fact is important because from that day forth, interest continues to accrue and accumulate on the tax account with the CRA, but the lien only reflects the amount owing at a point in time.

Often, a lien will get paid out and then the CRA’s computer system kicks out an update Notice of Assessment with an additional balance owing  and taxpayers are puzzled having just paid off a lien.

They did pay the lien.

Now they pay the rest of the balance owing.

3.   Where can I get the truth about Voluntary Disclosure?

Answer: From the CRA website, of course.  The link to the VDP section of their site is here;  http://www.cra-arc.gc.ca/voluntarydisclosures/

4.   Can I claim mileage drive to and from work at the CRA?

Answer: I hope you enjoy your career at the CRA and are not an auditor, because you should know this answer!  You cannot claim mileage driving to and from work.

From the CRA website; http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns206-236/229/slry/mtrvhcl-eng.html

“If you use a motor vehicle for both employment and personal use, you can deduct only the percentage of expenses related to earning income. To support the amount you can deduct, keep a record of both the total kilometres you drove and the kilometres you drove to earn employment income. We consider driving back and forth between home and work as personal use.”

PEI Raise HST to 15% October 1, 2016.

Prince Edward Island will be raising their Harmonized Sales Tax (HST) to 15% (from 14%) beginning October 1, 2016.

This decision was made on April 19, 2016, when the PEI Government announced its intention to increase the Provincial rate of the HST (PST) to 10% effective October 1, 2016, resulting in an HST rate of 15% when added to the 5% GST.

PEI set out transitional rules to determine which rate – the existing 14% HST, or the new 15% HST – should apply in respect of transactions that straddle October 1st and under these rules suppliers would generally be required to charge the 15% HST on any consideration that becomes due without having been paid, or is paid without having become due, on or after October 1, 2016, for taxable supplies of property or services.

Under the Excise Tax Act (ETA), the consideration, or a part thereof, for a taxable supply generally becomes due on the earliest of:

  • The day the supplier first issues an invoice in respect of the supply for that consideration or part thereof;
  • The date of that invoice;
  • The day the supplier would have, but for an undue delay, issued an invoice in respect of the supply for that consideration or part thereof; and
  • The day the recipient of the supply is required to pay that consideration or part thereof to the supplier pursuant to a written agreement.

 

Regarding real property transactions, supplies of services are to charge the 15% HST rate to any consideration that becomes due without having been paid, or is paid without having become due, on or after October 1, 2016.

Conversely, the 14% HST rate applies to any consideration that becomes due or is paid before October 1, 2016.

 

The Elevator Pitch! How Important Is It?

The elevator pitch, otherwise known as your ability to tell someone what you do for a living in 15-20 seconds without leaving out any critical details.

Wikipedia calls it this; “An elevator pitchelevator speech, or elevator statement is a short summary used to quickly and simply define a person, profession, product, service, organization or event and its value proposition.”

The name “elevator pitch” reflects the idea that it should be possible to deliver the summary in the time span of an elevator ride of around 30 seconds.

The term originates from a scenario of an accidental meeting with someone important in the elevator where after the brief pitch, the other party is interested in learning more. thus continuing the conversation after the elevator ride or through en exchange of a business card or smart phone details.

As a tax consultant, I thought I had the perfect elevator pitch that went something like this; “I help people who have problems with the Canada Revenue Agency (CRA).  I worked in the CRA for over 10-years – pretty much out of university – and worked my way up through the collections division until leaving for the private sector.”

I found it to be too long, and open for interruption so much that I would add details, such as that I completed 3-years of my accounting (CGA) designation and a 3-year MBA before leaving, or that I spent a significant part of my time at the CRA training the staff, handling the most complex accounts in the office and helping improve processes.

Then it became an elevator pitch for a 65-story building ride… To the top and all the way back down to the bottom.

Then I found an article in Forbes magazine which provided 6 alternatives to the elevator pitch so I tried them out to see if they worked better for me.  The list is below:

1. The One-word pitch – for me, it is “TAX”.  Then I watch their eyes gloss over.

2. The Question pitch – “Have you ever had (or have clients who had) problems with the Canada Revenue Agency (or Revenu Quebec, or the IRS, or WSIB, or the CRTC?)

3. The Rhyming pitch – Could not even try this.

4. The Subject line pitch – like sending an email to someone – mine would read something like “Former CRA collections officer helping people with CRA problems.”

5. The Story form pitch – I have thousands of stories… Literally.  I usually break into one of these after my introduction.

6. The Twitter or 140 character or less pitch #WhatIAmAllAbout.   I like this because it’s like using Twitter except that you really cannot tell someone that you “hashtag” Help People.  But it does give you the opportunity to state your case in a brief number of words.

So practice your pitch – no matter which method you choose – and practice them out on people to see if it gets across the message you want it to.  If not, maybe you would benefit from a different pitch or by adding or removing information to your existing pitch.

As for me… “I’m a former CRA officer who knows the CRA collections process, policy and procedures better than they do.  I help people with a variety of tax issues including but not limited to negotiation, payment arrangements, liens, RTP’s assessments, and getting them current and out of debt.  If there is a CRA issue, I have already seen it, and I know how to fix the problem.”

#x-taxer

Others make promises.  I fix problems.

If the conversation continues I explain my services are for individuals, businesses, and professional organizations who cannot proceed further with a client due to their tax issues – ie/ getting a bank loan, renewing a mortgage, confirmation of actual amounts owing before filing for bankruptcy, wage garnishments on employees, or cleaning up past tax issues for separation agreements or divorce.

#inTAXicating

Free consultation.

info@intaxicating.ca

416.833.1581

 

 

 

Government Waste Awards give Lifetime Achievement to former Toronto Mayor David Miller

The 13th Annual “Teddy” Government Waste Awards Winners were announced by the Canadian Taxpayers Federation (CTF) last week.

The CTF is a citizen advocacy group dedicated to less waste, lower taxes and responsible government spending of our hard earned dollars.

These awards confirm what I had been saying all along, that a left-wing mayor in the City of Toronto was going to cause an increase in taxes and result in less money in the pockets of Torontonions, as David Miller was given the lifetime achievement award.

Please, read on.

The “Teddy” award is named after Ted Weatherill, a former federal bureaucrat who was fired for outrageous expenses in 1999 (I’ve included his expenses below). Each year the CTF holds the ceremony to recognize a government, public office holder, civil servant, department or agency that most exemplifies government waste.

The winners:

Federal Teddy Winner:
G8/G20 costs: $1.24 billion spent to host leaders from the other G8/G20 nations to ironically discuss how to trim government over-spending.

Provincial Teddy Winner:
Ontario tax collectors paid severance for keeping jobs: Approximately $56-million in severance for changing their business cards from ‘Ontario PST collector’ to ‘Federal HST’ collector.”
These guys moved across the street from 5150 Yonge Street to 5001 Yonge street and were topped up to make up for the fact that the Feds pay less than the province.

Municipal Teddy Winner:
Edmonton City Council for wasting $5,000.00 on a haiku contest. Citizens were asked to write poems (or haikus) about riding the bus, despite already having paid $5,000 to have one written.

Lifetime Achievement Teddy:
David Miller

“And the Lifetime Achievement Teddy goes to…former Toronto Mayor, David Miller, for a career of reckless taxing-and-spending. As Mayor, Miller grew the city’s operating budget by 44 per cent, $2.8 billion, increased the city’s debt by more than $1 billion and increased property taxes every year well beyond the rate of inflation. He fought for and got new taxing powers which he used to impose a host of new taxes, including a: plastic bag tax, garbage tax, car tax, billboard tax, and land transfer tax.”

Concluding the ceremony CTF federal director, Kevin Gaudet remarked, “over the years David Miller has provided so much material for the Teddies we will see if future municipal nominations will suffer with his departure.”

Other nominees included:
Federal – Space Agency/Agriculture Canada: $400,000 for failed “Canadian Content” astronaut food program.

Federal – Border Services Agency Employee: Bureaucrat spends five hours/day at work surfing porn and is not fired.

Federal – National Defence: $515,000 for not conducting security checks on NORAD facility builders.

Federal – Public Works: $550 million for maintenance including $1,000 for removing one light switch.

Federal – Senator Lavigne: $30,000 for expenses – while suspended from the Senate.

Provincial – ON E-Health: $224M for consultant abuse including charges to consult on consulting charges.

Provincial – ON Parks: $400K for Niagara Parks Exec expenses including roller coasters.

Provincial – NS Premier Dexter: $10,600 to expense full membership fees to the bar association, then reducing status to “not practicing” when forced to pay himself.

Provincial – MB Health: $38,000 to build “rooftop oasis” for health bureaucrats while patients down the road fundraise for theirs.

Municipal – Summerside, PEI: $1.3 million for fraudulent Michael Jackson tribute concert.

Municipal – Regina, SK: $5,000 for bizarre sponsorships including $450 for a ‘pickleball tournament.’

Municipal -Richmond, BC: $59 million for city purchase of land for five-times real value to be “as fair as possible.”

Municipal – Toronto, ON: Public transit boss caught expensing $2,400 for taxis.

http://taxpayer.com/node/13985

Now, back to the name of these awards… The “Teddys”, named after Ted Weatherill who was the Chair of the Canada Labour Relations Board since 1989. Between 1995 and 1996, Mr. Weatherill charged at least $21000 to taxpayers for business travel he incurred as President of the National Academy of Arbitrators, an Alabama-based private organization.

“Mr. Weatherill concedes that he could have sent the expenses to the National Academy of Arbitrators…but Mr. Weatherill believed his participation in the NAA’s conferences that year to be a wise investment for the Canada Labour Relations Board. So, he chose to bill his expenses to the Canadian government instead.”
The Ottawa Citizen, 7 April 1997

There’s more than just travel, though. The following is a “taste” of the meals Mr. Weatherill has billed to the Canadian taxpayer over the past eight years:

Breakfast: Relais Christine, Paris $25.00
Meal (for 2): RPG Arpege, Paris $733.43
Dinner: Le Cercle Universitaire d’Ottawa $1 084.40
Room Service (one night): Chateau Frontenac, Québec City $95.27
Meal: Royal Windsor Hotel, Brussels $531.50
Mr. Weatherill billed the federal government on average $18,500 a year in meal costs alone, for a grand total of $148,000 over the first eight years of his ten year term. He has billed the federal government more that $200 for a meal on 107 different occasions since he was hired.

Many of Mr. Weatherill’s lunches have included alcoholic beverages. Treasury Board guidelines state that “reasonable expenses means the specific, itemized expenses incurred, based on receipts, excluding alcohol.”