WEEKS 2 & 3
Revised Sept 22, 2010 INCOME / LOSS FROM EMPLOYMENT- Chapter 3
General rules are covered in Sections 5 to 8, as follows
:
Section 5- defines employment income
Section 6- defines what must be included as employment income
Section 7- defines specific rules dealing with stock options offered to employees
Section 8- defines what can be deducted in the determination of employment income
Consequently as per the above,
EMPLOYMENT INCOME
is a net concept of income inclusions less allowable deductions
- ITA 5 (1)
-
“
A taxpayer’s income for a taxation year from an office or employment is the salary, wages and other
remuneration, including gratuities, received by the taxpayer in the year”.
•
Salary and wages
refer to monetary amounts received for employment services.
•
Remuneration
is broader and includes any type of reward or benefit.
•
Gratuities
means income which includes payments made by
persons other than the employer
.
•
Employment income
is
normally reported and
taxed on a “cash” received
while,
business income
is reported and
taxed on an accrual basis not cash basis.
•
ITA 78 (4) -
An
incorporated business
can deduct a declared salary bonus if paid within 180 days
after it’s
year-end
;
however,
the employee is taxed in year the bonus is received—
(this provides a tax planning
opportunity for owners/shareholder/managers)
•
If a
bonus
is to be
paid after more than 3 years
after the end of the calendar year in which employee services were
rendered, then the bonus would be a
Salary Deferral Arrangement
(“SDA”)
and taxable to the employee in the year
employment services were rendered and also deductible by the employer in that same year, Ie, as if the bonus was paid
•
ITA 248(1)
- a right in a taxation year, to receive an amount after the year, where it is reasonable to assume that one
of the
main purposes was to defer tax.
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- Fall '10
- Mastromonaco
- Quebec, taxable benefit, ITA, employee taxable benefit
-
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