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Major variables of the Income Tax Act

Course: ACC 522, Spring 2011
School: Ryerson
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variables Major of the Income Tax Act that have an impact on the business decision process: o Taxpayers There are only 3 entities subject to tax in Canada o Types of income Each of the taxpayer entities can earn five types of income, of which four have general application to business activity o Business structure There are 6 basic forms of organization in which a business activity can take place. Of the 6, only 3...

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variables Major of the Income Tax Act that have an impact on the business decision process: o Taxpayers There are only 3 entities subject to tax in Canada o Types of income Each of the taxpayer entities can earn five types of income, of which four have general application to business activity o Business structure There are 6 basic forms of organization in which a business activity can take place. Of the 6, only 3 are directly subject to tax o Tax jurisdictions A Canadian business is normally subject to 2 taxation authorities, unless it extends its operations to international markets * Interaction among these variables are important * When the variable are changed in each of the major categories, tax alternative structures are created that can then be applied to the decision process * Equity capital is services by dividend distributions, which are not deductible by the payer and constitute property income taxed in a certain way to the investor * Debt capital is serviced by interest payments, which are deductible by the payer and constitute property income to the recipient * Employment income is subject to a completely different set of general rules form business income * Corporate tax rates differ from individual tax rates * The areas of tax law that apply to the internal day-to-day decisions of the business enterprise are among the least affected by the annual changes in federal budgets
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Ryerson - ACC - 522
Management Responsibility * The managers responsible for particular areas within the organization should be negatively judged on performance if they fail to o consider the tax impact of alternatives strategies under investigation; o seek out alternative s
Ryerson - ACC - 522
MANAGEMENT'S ROLE AND APPROACH TO TAXATION * Management's role in the tax process is to apply known tax law to the special types of decisions faced by the particular enterprise and not to interpret tax law * External tax advisors and other interpretive bo
Ryerson - ACC - 522
Non-Resident Individuals and Corporations * International business transactions can be placed in two broad categories: o Transactions that are started and are completed in the foreign host country. o Transactions that originate in one country but are conc
Ryerson - ACC - 522
Non-residents You are a non-resident for tax purposes if you: * normally, customarily, or routinely live in another country and are not considered a resident of Canada; or * do not have significant residential ties in Canada; and o you live outside Canada
Ryerson - ACC - 522
Resident Individuals and Corporations * Canadian residents, whether individuals or corps., are subject to tax on their world income * Non-resident entities may also be subject to tax in Canada, but is limited to particular types of income earned on in Can
Ryerson - ACC - 522
RESTRICTIONS TO TAX PLANNING * Tax planning is divided between acceptable and unacceptable activities * The Income Tax Act specifically prohibits a number of activities * These prohibitions are referred to as anti-avoidance rules * The act also has a gene
Ryerson - ACC - 522
THE ROLES OF TAXATION IN THE BUSINESS DECISION PROCESS * Business enterprises are subject to many forms of taxation by municipal, provincial, and federal authorities * Income tax (federal and provincial) significantly affects ROI * ROI measured by the cas
Ryerson - ACC - 522
Shifting Income from One Time Period to Another * In most cases, there is a very definite time frame for recognizing income for tax purposes, and so there is little opportunity to choose between discretionary alternatives * A taxpayer can sometimes choose
Ryerson - ACC - 522
SKILLS REQUIRED FOR TAX PLANNING * Ability to understand the fundamentals of the Canadian income tax system and how they relate to domestic and international transactions * Certain skills necessary to implement tax planning activities: o Anticipation o Fl
Ryerson - ACC - 522
SOURCES OF CANADIAN TAX LAW * Three sources that govern income tax law in Canada o statute law o common law o international tax conventions
Ryerson - ACC - 522
Specific Anti-Avoidance Rules * 2 general types of financial transactions o Those in which the parties have a close relations, such as a parent and child or two corporations owned by members of the same family. These taxpayers, who are defined in the Inco
Ryerson - ACC - 522
Statute Law * The Canadian federal income tax system is developed in the legal statute known as the Income Tax Act which is lengthy and complex in order for it to be precise and equitable * All provincial jurisdictions impose a tax on income, and each pro
Ryerson - ACC - 522
Tax Avoidance * Between tax planning and tax evasion lies a grey area referred to as tax avoidance Tax avoidance involves transactions which, while legal in themselves, are planned and carried out mainly to avoid, reduce, or defer tax payable under the la
Ryerson - ACC - 522
Tax Evasion * CRA's definition of tax evasion is very clear: is it the commission or omission of an act with the intent to deceive * Includes: knowingly failing to report revenue, claiming the deduction of a false expense, and knowingly omitting material
Ryerson - ACC - 522
Tax on Canadian Source Income * The tax on an amount that originates in Canada but is pad directly to a non-resident is referred to as a "withholding tax" because the payer must withhold a portion of the obligated payment and remit it directly to the Cana
Ryerson - ACC - 522
Tax on Net Income * Non-residents are taxed in Canada on the net income (revenues minus expenses permitted for tax purposes) arising when the non-resident o carries on business in Canada; o disposes of certain Canadian property; or, o is employed in Canad
Ryerson - ACC - 522
Tax planning * Tax planning is the conscious effort of directing one's financial activities in such a manner as to eliminate, reduce, or defer the incidence of tax on those activities * The tax system provides a certain degree of flexibility in determinin
Ryerson - ACC - 522
Tax Planning Defined * Tax planning is the legitimate arranging of one's financial activities in a manner that reduces or defers the related tax cost * If the tax authorities do not attempt to prevent certain transaction, then those transactions can be co
Ryerson - ACC - 522
The Taxation Year Corporations * The taxation year of a corporate entity is regarded as its fiscal period, being any time period not exceeding 53 weeks (on year) for which the entity accounts for its financial affairs * Corporate taxpayers can choose the
Ryerson - ACC - 522
The Taxation Year Individuals * The taxation year for an individual taxpayer is simply the calendar year, and therefore includes the 12-month period ending on Dec. 31 of every year * Only two entities - the individual and the corp. - are subject to tax *
Ryerson - ACC - 522
The Entities * Federal and provincial income taxes are imposed on 3 basic types of entities: o individuals o corporations o trusts * Trusts have a limited application to business and investment structures * Proprietorships, partnerships, joint ventures, a
Ryerson - ACC - 522
THE TAX ADVISOR'S ROLE * An external tax advisor is restricted to areas of tax, compliance, filing requirements, and complex reorganization of corporate structures for an enterprise * Their input into the management decision process is limited to interpre
Ryerson - ACC - 522
The Taxation Year * Taxable income is determined and assessed on the basis of an entity's taxation year * The term "taxation year" is defined differently for the two primary entities
Ryerson - ACC - 522
Transferring Income to Another Entity * Only individuals can enjoy the benefits of accumulating wealth; however, they can do so by using several different entities, all of which ultimately lead back to themselves or to members of their families * A trust
Ryerson - ACC - 522
TYPES OF TAX PLANNING * Objective of tax planning is to reduce or defer (or both) the tax cost of financial transactions * 3 categories of tax planning: o Shifting income from one time period to another. o Transferring income to another entity or alternat
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