June 15th Unincorporated Filing Deadline (Canada) is Fast Approaching, Plus Year-Round Tax Tips!

The chaos and stress that comes with tax filing season in Canada has ended for most of us unless you are operating a sole proprietorship or partnership because you have until June 15th, 2013 to file your income tax (T1) return.  Any amounts owing to the Canada Revenue Agency (CRA) were due to the CRA by April 30th, but you have the extra month-and-a-half to file the information return, so don’t be late.

In addition, June 15th falls on a Saturday this year, so the actual return is due in the hands of the CRA by midnight on Monday June 17th.  Mailing it on the 14th is not the best option, so if you are waiting until that weekend to complete the return, I strongly recommend that you walk it into the closest CRA Tax Services Office at get it stamped with the 17th on it, or courier it to a tax centre to ensure it arrives on the due date.

If in completing the return you now find out that you actually owe(d) the CRA money, you need to pay that amount in full.  If paying it in full is not an option, then send in the amount you can best afford, and contact the CRA to make a payment arrangement on the remainder.  If doing that is not an option or if you have been carrying a balance with the CRA and this return is going to add to that balance then you have a tax problem and you are likely going to need professional help to keep enforcement actions at bay.

The CRA charges interest daily, beginning the day after taxes were due and a late-filing penalty of 5% of your balance owing plus 1% of your balance owing for each month your tax return is late, for a maximum of 12 months.   Once you caught up in the web of CRA collections and enforcement it can be very difficult to get out.  The collectors are not going to advise you how to best handle your affairs.  For the most part, then don’t understand how businesses operate, let alone your business and all they want is full payment in order to close their file.

It is in your best interest to resolve these tax matters as soon as possible, before penalties are charged and interest accumulates.  Accepting these extra fees in hope that the Taxpayer Relief Program is going to grant you relief is not a wise bet to make.

At Intaxicating Tax Services, we have seen all types of tax problems over the 17-years we’ve been helping taxpayers resolve their tax issues with the Canada Revenue Agency.  As a former Collections officer, Enforcement officer, Complex Case Officer and Team Leader I have personally handled files with every level of complexity, and all revenue types, and have recommended the same course of action for all of them – Find someone trustworthy, who knows the way CRA collections operate and leverage that expertise to get out of this mess once and for all.

If negotiating a payment plan with the Canada Revenue Agency was easy and without risk, there would be no need for Collections staff at the CRA.  The truth is, it can be very difficult to work out a payment plan with the Canada Revenue Agency while making sure that you do not give them any collection sources that they do not already have, so they can secure their liability at your expense.

Don’t let them take advantage of your good will.

Intaxicating Tax Services can help you with this!

Here are some tax facts to keep in mind as your prepare you finances for the 2013 tax filing season.

13. Contrary to popular belief the top 10% of Canadian earners pay half of all personal income taxes, while the half of earners with the lowest income pay less than a tenth (1/10th) of the total.  These high income earners keep the economy moving by having money to spend and by actually spending it.  It is this reason why those in the highest tax brackets need (and can afford) to best lawyers, accountants and tax experts, as they are already well into planning for their tax returns for 2013 and beyond.  They DO have some choice as to how much they want to spend and how much they plan to save.  All Canadians have this choice too.  By spending less, we pay less consumption taxes (GST/HST/PST), if we downsize our homes or live outside of metropolitan areas we can reduce or pay less property taxes, if we walk, cycle or carpool more, we pay less gasoline taxes, and if we are more organized and smarter with how much money we spend in total, we pay less bank fees, late fees, interest on credit cards, etc.  Everyone, not matter their income has to be smart with their money.  Paying penalties and interest to the CRA is NOT a smart way to handle our money.

12. Regardless of where you are and what you do, you really should file a tax return.  Canadian reporting is voluntary in certain conditions, but be sure you are exempted before you pass on filing.  The CRA provides details as to when you need to file and why you should file right here.

11. You have the option to defer the paying of taxes, in some cases, when you save for retirement inside a RRSP / IRA or any other form of registered retirement savings plan.  In these plans, you defer payment of income taxes until later in life. There are taxes assessed when you withdraw the money, after you have reached a certain age but those tax rates are probably lower than you would be paying now, if you have above-average income.  If your income is below average, you may be better off to pay taxes now and save in a tax-free savings account (TFSA).  If you save for your family inside a registered education savings plan or a registered disability savings plan, there will be a deferral of taxes on interest earnings, other investment returns and government grants.  Then the child or other relative for whom the plan was set up for, will likely pay little or no taxes on those savings.

10. Before you file make sure you have all your slips – it’s best to have a place where they can go throughout the year, and periodically, you should take them out, write on them what they were for and keep them all together at time of filing.   Amending tax returns is a long, tedious process, plus having to search the house or business for these slips one day before filing deadline can be extremely stressful.

9.  Make sure the government has correct information for you – address, name, direct deposit (if you never owe money) because you want your refund and if they audit you, they might not be re-assessing you, but rather they may be looking for an additional copy of a receipt they lost in the processing of 20 million tax returns.   If they do not have a correct address and they need information or something gets lost along the way and a balance arises, they will take it from your bank account or freeze that account until they get all your information – but now you are in collections…

8.  Do not ignore government mail.  Open it and action it.

7.  File electronically – but keep your receipts handy for audit and verification purposes.  It is the quickest way to file, and you may even get your refund quicker.   As an added bonus, you are also being environmentally responsible and saving trees.

6.  If you owe money, make sure that you address it properly.  Do not write a note and attach it to your return – those notes get tossed during the mass-processing cycle – but instead, contact the government and make a payment arrangement and honor it.   Anything you attach to your return – even if it is written with a glitter pen (don’t laugh, I have received MANY letters written this way during my time at the CRA) comes into the processing centres, the processors, who are usually temporary hires to help the CRA get through the tax season, rip of cheques and process that right away, then tear off any unnecessary paperwork and send the returns to a data processing group.  Anything not a return or money gets shredded.

5.  Think before you complain.  Paying taxes means your earned more money than you had to pay out.  Good for you.  As well, a third of all income in Canada is paid in taxes, which may seem really high, but before you consider moving out of the country, consider that the Canadian tax burden is less than that of 19 other developed nations. We, as Canadians only pay more taxes than 10 developed nations.

4.  Ever wonder what the CRA does with the tax money they collect?  Well, the Minister of National Revenue uses 62% of it to pay for health care, education and social assistance, including unemployment benefits.  The other 38% goes for everything else we need, like infrastructure, social programs, etc.

3.  Not everything in Canada is taxed, and here are some prime examples; There is no tax on a winning Lottery tickets, on scholarships, inheritances, gifts, the Guaranteed Income Supplement (GIS) to the taxable Old Age Security (OAS) pension, Canada Child Tax Benefit cheques or child support payments after a divorce. You pay no tax on at least the first $9,000 of waged earnings or $40,000 of income per year if you receive only eligible corporate dividends and $18,000 if you receive only capital gains.

2.  On the flip side, there are some high-tax items, some you can make the choice to avoid, and one you might accept regardless of the amount of tax owing; The Federal income tax rate on income greater than $135,054 a year in 2012 is 29%, plus Provincial tax rates which bounce between 10%-21% based on the Province.  Taxes on cigarettes in Ontario was 63.5%; alcohol, 52.7%; and regular gasoline 39.47%.

1.  Tax relief opportunities are available, but you need to either research them or ask an expert how to qualify and what they are.  For example, there are tax breaks and benefits for those who better themselves, or the economy through getting a higher education, earning high grades, raising children, moving closer to a job, belonging to a professional group or organization, taking public transit, making charitable and political donations, investing in companies, starting a small business, and saving for retirement.   We all have the opportunity to save money, pay less tax and help ourselves and others in the future, but whatever you choose to do today, or tomorrow it’s never too late to make a change for the better.

Start today.  Stop paying the government late filing penalties, or penalties for missing installments.  Stop paying the government interest at 10% and don’t be afraid to open that brown envelope.  If you have a tax problem, we  can help.  We understand how these can spin out of control and we certainly do not judge.  With 17-years of actual tax expertise, 11 of them in the CRA, why would you trust anyone else?

Call today for a free consultation.

The Minister of National Revenue can have your tax dollars to run the country.  All Canadians thank you for that.

You don’t need to pay them penalties and interest.  You do not want to know that the CRA do with the penalties and interest money it collects!

Lien on Me: The CRA and Liens. Questions Answered.

When the Canada Revenue Agency (CRA) registers a lien against your home, they are securing their interest by attaching the repayment of their debt to your property.

CDAHQsignage2

The CRA considers a lien to be enforcement action and this tool is commonly applied where there are properties in the name of a taxpayer who has a tax debt.  Collection officers at the CRA should be registering liens, or securing the Crown’s interest, much more frequently then they currently are, and it should be done whenever there is a tax debt of a considerable amount owing.

Below are some answers to common questions about CRA property liens to help you understand what to do, and where to turn for help.

1.  How to tell if there is a lien registered against your property 

A title search on your property will reveal the existence of a lien.

It is CRA policy that they advise you by letter when a Certificate has been registered in Federal Court which identifies the property in question and the balance owing for which they are preparing to register a lien.  This does not mean that a lien has been registered, but this is essentially a warning of impending action.

If, however, the CRA does not have your correct address you will not receive any notices and thus may only discover there’s a lien when you try to sell or refinance your property.  A title search reveals the existence of liens.

2.  When the CRA registers a Certificate do they always then register a lien?

Not necessarily.  The CRA could be using the Certificate in several ways, including; to secure their interest in the property to make sure that before the tax debtors interest in the property is liquidated, the tax debt is paid in full, or in order to get the attention of the property owner so they will begin negotiations with the CRA, or they may have the intention of proceeding with the seizure and sale of the property in order to pay off all or part of a tax liability.

3.  Will the CRA take my house and leave me homeless?

It is CRA policy to not seize and sell a property when it would result in the property owner having nowhere to live.  If this property is an income property or cottage or secondary place to live, then the CRA will likely proceed to realize on the property and pay off their debts.

4.  Have I lost title to my home?

No. A lien is a registration on the title of that property which prevents you from selling or refinancing that property until either the tax debt owing is paid in full, or there is a written arrangement to have the proceeds from a sale or refinancing directed to the CRA for full payment of the debt.

5.  What is a Writ of Fi Fa / Writ of Seizure and Sale?

If a Certificate has been registered in the Federal Court and the tax balance still exists, the Canada Revenue Agency (CRA) will register a Writ of Fi Fa (abbreviation of “fieri facias” which is Latin and means “that you cause to be made”).  It is a writ of execution obtained in legal action which is addressed to the sheriff and commands him to, in this case, seize and sell, the property of the person against whom the judgement has been obtained.

This is a very serious enforcement action and after your property is sold, you are entitled to any proceeds left over after the tax arrears have been paid in full.

6.  What are my options now that a Certificate has been registered and a lien applied to the property?

Even though the CRA has an interest in the property, you can still access the equity and use that equity to make arrangements with the CRA – or the Department of Justice – to refinance the property or even sell it with the understanding that this can only be done in conjunction with the CRA receiving full payment of their tax debt.

7.  What is the CRA’s priority regarding my property should I decide to sell it?

Assuming your mortgage is a traditional mortgage through a recognized financial institution, the proceeds from a sale should fall in this order (depending on the type of tax(es) owing);

1. Financial institution holding the mortgage

2. Secured lenders

3. Canada Revenue Agency

4. Other creditors who have registrations against the property

5. Property owner.

So if you have other debts including a tax liability (and the two tend to go hand-in-hand), then it is possible in this scenario to have nothing left over by the time the property is sold and all debtors are paid off.

8.  What if I owe CRA more than there they get from the sale of my property?

If, after the sale of your property there are still taxes owing to the CRA, them your tax balance is reduced by the amount the CRA is paid and the remainder is still owing to the CRA.

9.  What if I am not the only one on title – ie/ jointly with a spouse?  

In the case where there are more than one person on title in addition to you, it’s important to keep in mind that the CRA can only realize proceeds from your share of the equity in the property.  So if you sell, re-finance or are forced to sell, only your share of the equity can be paid out the CRA. The CRA cannot seize your spouses’, or anyone else’s equity.

Keep in mind that in order to get the Certificate, the CRA has to reconcile the account, determine the share owned by the tax debtor and then use that figure when sending the Sheriff out to seize and sell the property.

10.  The CRA has registered a lien against my property.  Can I sell my interest to someone else and get removed off title?

If a tax debtor initiates a transaction which puts an asset out of reach of the Canada Revenue Agency not at Fair Market Value, the CRA has the ability to initiate a section 160 Non-Arms Length assessment and assess the person(s) who received the asset for your liability (minus consideration received).  

11.  Will bankruptcy free me of a lien?

Filing for bankruptcy, or filing a consumer proposal, does not discharge a lien against your property. If you go bankrupt on your CRA debt, the lien remains and – even worse – accrues interest over time. Even after your discharge from bankruptcy, the lien remains in force, until you eventually sell your home and the CRA’s priority is now second in line after the bank.

If after all that the tax debt is still remaining, then and only then because of the bankruptcy, will the tax debt no longer be owing.

Who Can Help?

The bottom line here is that tax liens can cause serious problems and it’s best to seek our help to resolve your tax issues before it gets that far.  Even if a lien is in place in order to secure the Crown’s interest, it’s best not to ignore the CRA.

We have handled hundreds of liens, and will find the best solution for you.  It might be refinancing your mortgage, paying out the lien, or temporarily lifting the lien in order to improve your arrangement with the CRA.  Whatever the problem, no matter how complex, we have helped and can help.

Initial consultations are always free.

inTAXicating Tax Services.

Visit our website or send us an email at info@intaxicating.ca.

Toronto-based.  Canada-wide.

 

Canada Revenue Agency Offering to Close Dormant GST Accounts

[109/365] Taxation.
Taxation. (Photo credit: kardboard604)

I came across an interesting article on the H&R Block blog site regarding the Canada Revenue Agency (CRA) and their upcoming strategy regarding dormant GST accounts.  The original article can be found right here.  Having spent almost 11-years working for the CRA – almost 2 of those years dedicated to GST, I am very familiar with the problem the CRA faces by having many GST accounts open and unaccounted for.  When the CRA is unsure as to whether the account is open, active and not filing, or open, inactive and never used can often be difficult to determine is the phone number and address on file at the time of registration are no longer applicable.

As many of you are already aware, not filing GST returns is a criminal offence under the Excise Tax Act for which the CRA can, and will prosecute taxpayers.  When the CRA moves to action on these accounts their intention is in their approach so if they suspect the file was opened in error, or can be sure it is not required then they will call, or have a field officer drop by the residence or business to ask about the account.  If, however, they have reason to believe that the account is open and just not-filing, maybe as a result of a telephone conversation, then they approach this completely differently.

In this case, the CRA will begin to collect information for their permanent diary and see how the story differs from the information provided by the taxpayer.  Once they notice a difference, they move in with a Demand to File, which is an indication that they intend to prosecute.

The CRA understand that taxpayers register GST accounts then move and fail to update their address with the CRA (HUGE mistake!) at which point the CRA needs to determine if the account is inactive or a non-filer.  If this is you, or someone you know, it’s best to take care of this right now.

A common example would be this; a taxpayer opened a business which operated as a sole proprietorship (SoleProp) for 18-months until it incorporated.  The new corporation (NewCorp) registered a GST account and began to make its quarterly installments, while the SoleProp no longer had any income attached to it, but instead of closing it, the owner filed nil returns for the next 3-years.

This is an example of an account the CRA would happily close over the phone because the trail is clear and both are current.

Normally, you need to complete a RC145 Form (used to be a GST11)– Request to Close Business Number Program Accounts in order to close your GST account, however under this program, the CRA will close the account if you give them permission over the phone.

Whether the account is closed or not, you still have to file all your outstanding GST/HST returns and pay any amounts owing up until the day your business ends because closing your account does not exempt you from paying any GST owed back to the CRA.  In addition, if you have business assets and shut down the operation, the assets are deemed disposed of at Fair Market Value (FMV) on the day you stopped operating so you will need to calculate the GST on the value of your assets, too.  You will also want to make sure that you capture any bad debts on that final GST return if you have not previously.

If you sell to a purchaser who is a GST registrant and who continues to operate the business, you can jointly file a Form GST44, Election Concerning the Acquisition of a Business or Part of a Business, so the purchaser does not have to collect and you do not have to pay GST.

The important thing to remember about the GST is that once you open an account it remains open until you take action to close it.  If you have a dormant GST account and the CRA is calling you, it will save you time to answer the phone and provide permission to close it.  If you fail to close it and the CRA is unable to get in touch with you, they can enforce collection actions against you and raise director’s liability to hold you personally liable to corporate debts, as well as the previously mentioned criminal prosecution.  Stopping this kind of action can be difficult once the CRA has determined that you are hiding something from them.

Do not wait for the CRA to come collecting their returns or their GST, but if you are already embroiled into a battle with the CRA over notional assessments or GST amounts owing, or worse if you have received a Demand to File notice from the CRA that they are intending to assess you as a director of the corporation and are seeking a due diligence defence, you need professional help right away.

I can help!

Just visit http://www.intaxicating.ca and see how Intaxicating Tax Services can assist you in all your CRA matters.  Passionate about Tax.  Passionate about helping people.

info@intaxicating.ca

Canadian Live-in Caregiver Program Services: Why using Service Canada’s Contract makes sense

With Canada’s Temporary Foreign Worker Program under attack again as a result of RBC’s announced plan to lay off Canadian employees and hire employees overseas, it’s important to understand that this program also has the Canadian Live-in Caregiver Program (LICP) as a part of it, and that program is essential to working Canadian parents who need to hire a Live-in Caregiver (nanny) from overseas for cost efficient reasons.  The LICP provides opportunity for parents to sponsor and bring trained, educated nannies from overseas, who live in their homes and work for them at a wage very close to the minimum wage.

At the outset, many feel that these nannies are being taken advantage of, however, I see it differently.  Yes, there are employers who ask their employees to work long hours, and do tasks which are outside of the normal requrements of the program, but there are also opportunities for these nannies to speak up and have this addressed, and the outcome is that the employer is banned from using the program.  Times have changed and thankfully this government has also changed the program to make it harder for employers to scam the system and also more difficult for employees to scam their employers.  Of course, there are exceptions…

One big way that employers and employees can start this relationship on the right foot is by following the rules of the LICP, and making sure that the employer and the employee know exactly what they are required to be doing during their time in the program and also to make sure that the employee and employer are also moving forward with plan for once the program ends so that the employee is making smart decisions about their future and the employer is able to assist and know where they stand regarding their caregiver.

At Intaxicating Tax Solutions, we are on the leading edge around requirements and changes to this program as we offer assistance at every stage of the process – from deciding whether to sponsor a nanny through this program, or hiring a live-out caregiver already in Canada, to the setting up and payroll account with the Canada Revenue Agency (CRA), networking, course suggestions for caregivers and dispute resolution surrounding tasks, requirements and working hours.  Our website is www.intaxicating.ca and you can find plenty of materials written by us around the program on the web.

With all that being said, I thought it might be useful to post the link to Service Canada‘s Live-In Caregiver contract.

The best way to get a working arrangement off on the right foot is by making sure that the employer and employee are both clear around requirements and what happens if these requirements need to be adjusted.  As a contract is a requiremt of the program for sponsoring a live-in caregiver, those hiring live-out caregivers and those nannies who are living in, but not through a formal program like the LICP, also benefit from having a formal contract in place to keep requirements clear.

The contact forms the basis of a legal agreement between employer and employee as to what is expected and agreed upon by both sides and is used in case of disagreement to support the previously agreed upon terms.  Before employment begins both parties have to agree to all the work arrangements in the contract which should outline every detail from hours worked, to amounts renumerated to specific tasks and vacation pay.  It’s like going to get a job anywhere else in the world, where you sign the contact before your employer agrees to hire you and having a formalized contract as part of this program helps prevent employers from taking advantage of nannies and allows nannies to understand what they are getting into to before they agree to start work.

Too often I hear and read about employers who think their live-in nannies are on call 24/7 at their disposal to take care of them and their kids, and their house and their pets…  I also hear and read in parenting groups about employers placing curfews on their nannies, or making them address you as Mr. or Mrs. like they are a servant. Most of it is not allowed and some of it is just not right. If you accepted a job working at a top law firm, or in the warehouse of WalMart would you allow for them to treat you like that?  I suspect that answer is no.

Now that the contract is part of the application process – prospective nannies who come to apply to the program here, http://www.cic.gc.ca/english/work/caregiver/apply-how.asp, now understand that there are tight guidelines governing their requirements and rights, as well as the employers.  Nannies MUST sign a written contract with their future employer, and the employer must also sign the contact which is them submitted together with the positive Labour Market Opinion (LMO).

The positive LMO is issued to the employer by the government after a lengthy review of the submitted documents where the information is verified, a phone interview is conducted, and if everything checks out, the employer is deemed to be a suitable employer who has followed all the government requirements and regulations for the LICP.  Employers must also provide to the government their payroll BN number with the CRA, and have available suitable space in their home for a nanny to live, and prove that they have children in need of caring for and the financial capabilities to support a nanny.

The contract must be the same employment contract submitted to HRSDC/SC by your employer, unless you provide an explanation of any changes (for example, a new start date).

The written employment contract will ensure there is a fair working arrangement between you and your employer. The employment contract must demonstrate that the Live-in Caregiver Program requirements are met by including a description of:

•mandatory employer-paid benefits, including:

◦transportation to Canada from your country of permanent residence or the country of habitual residence to the location of work in Canada

◦medical insurance coverage provided from the date of your arrival until you are eligible for provincial health insurance

◦workplace safety insurance coverage for the duration of the employment

◦all recruitment fees, including any amount payable to a third-party recruiter or agents hired by the employer that would otherwise have been charged to you

•job duties

•hours of work

•wages

•accommodation arrangements (including room and board)

•holiday and sick leave entitlements

•termination and resignation terms

The contract the government is expecting to see does not have to look exactly like the one provided for in the link – that one is merely a template – but it must contain all the information and clauses indicated as mandatory and the use of an alternate contract format may cause delays to the processing of the LMO application as HRSDC and Service Canada officers will need to determine if the contract complies with LCP requirements.  A copy of that contract can be found here.

Before you jump into hiring an employee through the Canadian Live-in Caregiver program, or someone already in Canada, make sure that you have all the requirements covered and that you and your employer are on the same page.  If you would like further information or have questions, please feel free to post them in the comment section, or contact us at info@intaxicatingtaxservices.ca.  You can find details around our T4/T4 summary services, our payroll services or our consultation services on our website or by contacting us.

The Canada Revenue Agency Informant Leads aka “Snitch” Line

You have come to this blog for more information on the Canada Revenue Agency’s (CRA) Informant Leads or Snitch Line.  Yes, the line does exist and if you are looking for the number in order to use it, that number is 1.866.809.6841.

You may have heard me speak on CFAX1070 about the CRA Snitch line, or possibly you heard my interview on CBC.ca regarding the existence and use of this line.  If you have not, then let me take a moment to clear the air on this line.  The Informant Leads line does exist.  In fact, it has become such a popular tool for finding new collection sources that it’s increased volume of calls can be directly attributed to a reduction in the need for collections staff / auditors and investigators who were responsible for digging up new leads.

It is absolutely not possible for someone to call the line, make up a story and have someone investigated.  Anyone who states that does not know the purpose of this line and obviously has no experience working in the CRA.  To say that is irresponsible and fear mongering.   The CRA will act on leads but there must be some proof provided.  Simply asking for your neighbour to be audited because they drive a nicer car than you is not going to begin years or investigations-hell for them.  If, however, you purchase an item from a retail establishment, and are charged taxes, but you notice that the teller never ran the purchase through the till, then you can be assured that they are pocketing the taxes instead of remitting it to the CRA.  Or, if you notice on the receipt that they have charged you the wrong rate of tax, then you need to notify the CRA.

In one case, while I was working at the CRA, I purchased a large ticket item from a local store only to find out later that the taxes on the bill totaled 28%.  I went back to the store to ask for it to be corrected, only to have them advise me that it was a “US cash register” and that the rate was incorrect.  I took the receipt into the office hoping to launch an internal investigation but was told it would be 6-weeks before they were able to look at it.

So I walked over to a phone beside my desk, called the snitch line, explained the issue and after providing the receipt as proof, found that an investigation was launched the next day and heard through the grapevine that over $200,000.00 was recovered from the company.

That is where the snitch line can be put to good use.

If, however, you hear your neighbour bragging about how much money he makes under the table and he lives way better than you do?  You can call the snitch line.   Or if your ex-spouse is unwilling to file their outstanding tax returns because it would mean they would have to increase child support payments, then you can call the snitch line.  The CRA will take the information, begin with an internal investigation to see if there is merit, then possibly drop by the home or business to get a feel for whether an audit is required or if a net worth assessment is needed.

At the end of the day, the intention of the snitch line is to provide a direct link to the CRA’s Audit department and it assists the CRA as they use these “tips” to recover funds from professional tax avoiders.

Key words the CRA likes to hear includes;

Their names, their address, an amount of unreported income greater than, say $50K, maybe a second set of books, or 2nd property in the name of their cat…

It never hurts to call.

It always hurts to not call.

This line is anonymous and believe it or not, the majority of “tips” come from exes who are left holding the bag while their ex-spouses are living it up.

I figured I would post this since it is the most frequently asked question I get.  Yes a line exists and yes it gets acted on… and fast if the dollar amount to be recovered is high.

I have actual experience seeing this line work and I know for certain of instances where people have called this line in effort to discredit or attack someone and at the end of the day, the CRA  has investigated that person or party and punished them for making a false claim.  Those in glass houses should never throw stones.

Snitch Logo

Thursday Thirteen – IRS Style. 13 Facts about W9’s.

This Thursday Thirteen covers 13 facts about the IRS W9 Form you may, or may not have known about:

13. Which payees are exempt from backup withholding?
* An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2),
* The United States or any of its agencies or instrumentalities,
* A state, the District of Columbia, a possession of the US or any of their political subdivisions or instrumentalities,
* A foreign government or any of its political subdivisions, agencies, or instrumentalities, or
* An international organization or any of its agencies or instrumentalities.

12. Which payees may be exempt from backup withholding?
* A futures commission merchant registered with the Commodity Futures Trading Commission,
* A foreign central bank of issue,
* A dealer in securities or commodities required to register in the US, the District of Columbia, or a possession of the US,
* A real estate investment trust,
* An entity registered at all times during the tax year under the Investment Company Act of 1940,
* A common trust fund operated by a bank under section 584(a),
* A financial institution,
* A middleman known in the investment community as a nominee or custodian, or
* A trust exempt from tax under section 664 or described in section 4947.

11. The IRS recommends that even if you are exempt from backup withholding, you should still complete a W9 to avoid possible erroneous backup withholding.

10. What is the purpose of the W9?
A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA

9. Who needs to complete a W9?
A US person (including a resident alien), to provide your correct TIN to the person requesting it (the requester).

8. Why do “they” need a W9 completed?
* To certify that the TIN you are giving is correct (or you are waiting for a number to be issued),
* To certify that you are not subject to backup withholding, or
* To claim exemption from backup withholding if you are a US exempt payee.
(You are also certifying that as a US person, your allocable share of any partnership income from a US trade or business is not subject to the withholding tax on foreign partners’ share of effectively connected income)

7. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. The IRS cares about the information on the form, not the form itself.

6. Penalties? Yup!!!
* Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
* Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
* Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
* Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

5. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

4. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

3. If you are a US resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from US tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article

2. To sign or not to sign…
To establish to the withholding agent that you are a US person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items below indicate otherwise.
* Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.
* Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
* Real estate transactions. You must sign the certification.
* Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
* Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

Bottom line… Sign it.

1. You will be subject to backup withholding on payments you receive if;
* The IRS tells the requester that you furnished an incorrect TIN,
* You do not certify your TIN when required,
* You do not furnish your TIN to the requester,
The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),
* You do not certify to the requester that you are not subject to backup withholding (for reportable interest and dividend accounts opened after 1983 only).

In-TAX-icating

In-TAX-icating.

Definition:

a: To excite or stupefy by taxation to the point where physical and mental control is markedly diminished

b: to excite or elate to the point of enthusiasm or frenzy… about taxation.

Passionate about Taxation.  Passionate about helping you!