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Capital Gains vs Business Income

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Capital Gain vs. Business Income

Capital Gains vs. Business Income

Capital Gains vs Business Income

As indicated in our previous articles, the housing market in Canada has attracted many investors. This has allowed real estate investors to make a quick profit. The popularity has also been fueled by the preferred tax treatment on capital gains. In Canada only 50% of the capital gain is taxable at your marginal tax rate.This has allowed taxpayers to shelter large portion of their income from the tax man. However, you should be aware that not all income qualifies as a capital gain. It could be taxed as business income, in which case 100% of the amount is subject to tax.

For example, to determine if the rental income qualifies as a capital gain or business income the following Six factors are considered as cited in Ayala v. The Queen:

  1. The nature of the property sold;
  2. The length of time the taxpayer was in possession as owner of the property;
  3. The frequency and number of operations carried out by the taxpayer;
  4. The improvements made by the taxpayer to the property;
  5. The circumstances surrounding the sale of the property; and
  6. The taxpayer’s intention at the time the property was acquired, as indicated by the taxpayer’s actions.

In the case of Montreal tax payer who sold six of her real estate properties and reported the income as a capital gain, her appeal was denied and income was assessed as business income. The judge in this case concluded that the Montreal taxpayer was probably and likely had acquired the properties “for the purpose of reselling them at a profit at the earliest opportunity rather than considering them as long‑term investments.” The taxpayers appeal was denied and her income assessed as business income forcing her to pay tax on 100% of the sale proceeds.

These rulings will impact many different business and industries. It is critical taxpayers seek adequate legal and tax advise when making decisions.

Capital Losses vs Business Losses 

When it comes to capital losses vs business losses the opposite is also true. A capital loss can only be applied to reduce a capital gain. However, a business loss has more flexibility and it can be applied to reduce a capital gain or other income. Read our article on capital losses vs business losses to gain more insight.

Capital Losses vs. Business Losses

SDVC LLP – Chartered Professional Accountants  is an accounting firm located in Mississauga, Ontario. Serving the needs of Small Business Owners & Entrepreneurs. Contact us for Tax Help, Personal Tax, Corporate Tax, Year End Financials, Review Engagements, Audit Engagements, Accounting & Estate Taxes.

Small Business Accountant Mississauga Brampton Oakville

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Small Business Accountant

Small Business Accountant Mississauga Brampton Oakville

 

We help businesses in Mississauga, Brampton, and Oakville 

We live in an ever changing global economy where the dynamics of business have been revolutionized by the internet. Small business owners face many new risks in this economy. This is why hiring an accountant for your small business is no longer about finding someone good at number crunching. The services provided by an accountant have changed vastly over the last 50 years. Business owners need services which are much more enhanced and cumbersome from their accountants.

Our firm understands the needs of small business owners in Mississauga, Brampton, and Oakville and we look below the surface to find solutions to your problems. We go above and beyond providing tax services to our clients, we improve financial health, reduce risk, and help increase overall profitability. We use our expertise and  help our clients stay competitive and ahead of the competition.

Some common questions that we receive from our small business clients include:

1. Can we contact you through out the year? How often should we be in touch?

Each business is different and each business owner is different. The number of meetings required with your accountant will depends on a lot of factors. Some business require more accountant involvement because of the reporting requirements or the sensitivity of the business. A small business needs to have open and frequent communication with its accountant. With our clients we use an open door policy and have  frequent communications throughout the year. We like to connect with our clients on a monthly basis to make sure all the questions and concerns have been addressed. With constant contact with our clients it helps us understand the clients’ business better which in turn helps us put together better cost cutting techniques.

We understand how frustrating it can be getting a hold of your accountant when you really need them. This is why we respond to business owner inquiries in a timely fashion. We understand delayed responses will have a direct impact on the business. We respond to emails and phone calls within the hour. We provide business owners with a direct line and the phone is answered by an accountant directly.

2. Can you help me grow my business?

We work closely with our clients and help small business owners expand and grow their businesses over time. By working closely with our clients we put in the right foundation from day one. We present unique financial strategies to minimize expenses and increase overall margins. From the initial consultation we identify key areas and help our small businesses owners focus on these areas to help grow their business.

3. When the CRA audits my books, can you help me?

The Canada Revenue Agency conducts periodical review and audits. The process can be frustrating, expensive, and time consuming. Handling a CRA audit or review correctly requires a lot of detail and expertise.  We stand behind our work and directly represent our clients, we become the face of your business and directly deal with the CRA. We have an in house Tax Lawyer who assists us in handling any CRA audit or review. We fully represent our clients giving them peace of mind.

4. What are the biggest tax mistakes small business owners make?

Small business owners have multiple roles in a business which leaves very little time to focus on accounting and administrative duties. This time constraint leads to poor record keeping.  To asses how your business is doing from month to month, it is vital to keep good records, which helps determine efficiency and profitability. Thorough and accurate records also helps prepare accurate tax returns. It is common that legitimate expenses get ignored because the business owner never documented them property. This is why it is very important to work with a competent accountant who can help you keep a good set of books. We can help you organize your books and maintain good set of accounting and financial records. We help our clients implement good accounting tools and software to record income and expenses.

 Small Business Accountant Mississauga Brampton Oakville

We have helped business and business owners all over Mississauga, Brampton, and Oakville with accounting and tax related inquires. Contact our firm directly for your business needs.

Book An Appointment
 

GST/HST Rates Across Canada

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Canadian Provincial Tax Map 2015

GST HST Rates Across Canada

 GST/HST Rates Across Canada

With eCommerce more and more businesses are selling goods and services across Canada. This has resulted in confusion on which sales tax rates apply. Majority of Canadian businesses must collect sales taxes from customers and remit them to the government. Depending on the province your business operates in, the rates are different.

Based on the province or territory in which your business operates in, you need to collect either:

  • A combination of GST and PST
  • GST only
  • HST

 What sales tax should I charge my customer in another province?

Generally speaking the sale tax you charge your customer depends on where the supply of the goods or services is made. If a business in Alberta sends products to a business in Ontario, the place of supply is Ontario and you will be charging your customer the HST at the rate for Ontario.

GST/HST sales tax rates that apply in Canada by province:

Province Type PST GST HST Total Tax Rate
(%) (%) (%) (%)
Alberta GST 5 5
British Columbia GST+PST 7 5 12
Manitoba GST+PST 8 5 13
New Brunswick HST 13 13
Newfoundland and Labrador HST 13 13
Northwest Territories GST 5 5
Nova Scotia HST 15 15
Nunavut GST 5 5
Ontario HST 13 13
Prince Edward Island HST 14 14
Quebec GST+QST *9.975 5 14.975
Saskatchewan GST+PST 5 5 10
Yukon GST 5 5

 

 

What sales tax should I charge my customer in another Country?

If you sell good outside of Canada this is considered a zero-rated supply and you do not charge your customers GST or HST. However, if the goods are picked up from Canada then the supply is made in Canada and you are required to charge GST/HST depending on your respective province.

How to calculate GST/HST?

Example 1: In Alberta, where only GST applies and you sold a $100 item.

Retail price: $100
GST (5%): $5
Total: $105

Example 2: In Ontario, where HST applies and you sold a $100 item.

Retail price: $100
HST (13%): $13
Total: $113

Example 3: In Manitoba and Saskatchewan, PST, like GST, is calculated on the retail price only. The two taxes are then added to the retail price for your total. For example, in Manitoba:

Retail price: $100
GST (5%): $5
PST (7%): $7
Total: $112

 Visit the CRA website for more information