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Sometime during the month of February, millions of Canadians will receive mail from the Canada Revenue Agency (CRA). That mail, a “Tax Instalment Reminder”, will set out the amount of instalment payments of income tax to be paid by the recipient taxpayer by March 15 and June 15 of this year.

Sometime during the month of February, millions of Canadians will receive mail from the Canada Revenue Agency (CRA). That mail, a “Tax Instalment Reminder”, will set out the amount of instalment payments of income tax to be paid by the recipient taxpayer by March 15 and June 15 of this year.

Receiving an Instalment Reminder from the CRA won’t be a surprise for many recipients who have paid tax by instalments during previous tax years. For others, however, the need to make tax payments by instalment is a new and unfamiliar concept. That’s because for most Canadians — certainly most who earn their income through employment — the payment of income tax throughout the year is an automatic and largely invisible process, requiring no particular action on the part of the employee/taxpayer. Federal and provincial income taxes, along with Canada Pension Plan (CPP) contributions and Employment Insurance (EI) premiums, are deducted from each employee’s income and the amount deposited to an employee’s bank account is the net amount remaining after such taxes, contributions, and premiums are deducted and remitted on the employee’s behalf to the CRA. While no one likes having to pay taxes, having those taxes paid “off the top” in such an automatic way is, relatively speaking, painless. Such is not, however, the case for the sizeable minority of Canadians who pay their income taxes by way of tax instalments

The CRA’s decision to send an Instalment Reminder to certain taxpayers isn’t an arbitrary one. Rather, an Instalment Reminder is generated when sufficient income tax has not been deducted from payments made to that taxpayer throughout the year. Put more technically, an Instalment Reminder will be issued by the CRA where the amount of tax which was or will be owed when filing the annual tax return is more than $3,000 in the current (2021) tax year and either of the two previous (2019 or 2020) tax years. Essentially, the requirement to pay by instalments will be triggered where the amount of tax withheld from the taxpayer’s income for the year is at least $3,000 less than their total tax owed for 2021 and either 2019 or 2020. For residents of Quebec, that threshold amount is $1,800.

Such obligation arises on a regular basis for those who are self-employed, of course, and generally for those whose income is largely derived from investments. The group of recipients of a tax instalment reminder often also includes retired Canadians, especially the newly retired, for two reasons. First, while most employees have income from only a single source — their paycheque — retirees often have multiple sources of income, including Canada Pension Plan (CPP) and Old Age Security (OAS) payments, private retirement savings and, sometimes, employer-provided pensions. And, while income tax is deducted automatically from one’s paycheque, that’s not the case for most sources of retirement income. Relatively few new retirees realize that it’s necessary to make arrangements to have tax deducted “at source” from either their government source income (like CPP or OAS payments) or private retirement income like pensions or registered retirement income fund withdrawals, and to make sure that the total amount of those deductions is sufficient to pay the total tax bill for the year. It is that group of individuals who may be surprised and puzzled by the arrival of an unfamiliar Instalment Reminder from the CRA. However, no matter what kind of income a taxpayer has received, or why sufficient tax has not been deducted at source, the options open to a taxpayer who receives such an Instalment Reminder are the same.

First, the taxpayer can pay the amounts specified on the Reminder, by the March and June payment due dates. Choosing this option will mean that the taxpayer will not face any interest or penalty charges, even if the amount paid by instalments throughout the year turns out to be less than the taxes actually payable for 2021. If the total of instalment payments made during 2021 turn out to more than the taxpayer’s total tax liability for the year, he or she will, of course, receive a refund when the annual tax return is filed in the spring of 2022.

Second, the taxpayer can make instalment payments based on the amount of tax which was owed for the 2020 tax year. (Generally speaking, such amount will be known once the taxpayer has completed his or her return for 2020). Where a taxpayer’s income has not changed significantly between 2020 and 2021 and his or her available deductions and credits remain the same, the likelihood is that total tax liability for 2021 will be slightly less than it was in 2020, as the result of the indexation of both income tax brackets and tax credit amounts.

Third, the taxpayer can estimate the amount of tax which he or she will owe for 2021 and can pay instalments based on that estimate. Where a taxpayer’s income will decrease significantly from 2020 to 2021, such that his or her tax bill will also be substantially reduced, this option can make the most sense.

A taxpayer who elects to follow the second or third options outlined above will not face any interest or penalty charges if there is no tax payable when the return for the 2021 tax year is filed in the spring of 2022. However, should instalments paid have been late or insufficient in amount, the CRA will impose interest charges, at rates which are higher than current commercial rates (the rate charged for the first quarter of 2021 — until March 31, 2021 — is 5%). As well, where interest charges are levied, such interest is compounded daily, meaning that on each successive day, interest is levied on the previous day’s interest. It is also possible for the CRA to levy penalties for overdue or insufficient instalments, but that is done only where the amount of instalment interest charged for the year is more than $1,000.

Most Canadian taxpayers are understandably disinclined to pay their taxes any sooner than absolutely necessary. However, ignoring an Instalment Reminder is never in the taxpayer’s best interests. Those who don’t wish to involve themselves in the intricacies of tax calculations can simply pay the amounts specified in the Reminder. The more technical-minded (or those who want to ensure that they are paying no more than absolutely required, and are willing to take the risk of having to pay interest on any shortfall) can avail themselves of the second or third options outlined above.

To help taxpayers make a decision on how to respond to an Instalment Reminder, detailed information on the instalment payment system is available on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/making-payments-individuals/paying-your-income-tax-instalments.html.

One of the biggest pandemic-related changes in the day-to-day lives of Canadians was the abrupt change to work-from-home arrangements. While such arrangements aren’t new — employees and the self-employed have been working from home for decades, ever since the available technology made such arrangements feasible — what changed in 2020 was the sheer number of Canadians who were working from home for the first time.

One of the biggest pandemic-related changes in the day-to-day lives of Canadians was the abrupt change to work-from-home arrangements. While such arrangements aren’t new — employees and the self-employed have been working from home for decades, ever since the available technology made such arrangements feasible — what changed in 2020 was the sheer number of Canadians who were working from home for the first time.

Even without a pandemic, such work-from-home arrangements have a number of advantages — no one really misses the daily commute, or the costs of that commute and other unavoidable work-related expenses. And, as many Canadians will discover when preparing their tax return for 2020, those advantages include the ability to deduct, for tax purposes, some of the expenses incurred to maintain a home office.

Many if not most employees who worked from home in 2020 will, in fact, have a choice of how to calculate and claim such home office expense deductions. Canada’s tax system already has rules in place to govern the tax treatment of expenditures and reimbursements related to home office work by employees. While those rules aren’t particularly complex, there is some record keeping and calculations required. With that in mind, and in light of the likely millions of taxpayers who will be in a position to claim home office expenses for 2020, the federal government has made available a more straightforward “flat rate” method.

The new temporary flat rate method simplifies the employee’s claim for home office expenses to a significant degree. An employee is eligible to use this new method if he or she worked more than 50% of the time from home for a period of at least four consecutive weeks in 2020 due to the pandemic. Where an employee was provided by his or her employer with the option of working from home and chose to do so, he or she will still be eligible for the flat rate method deduction, assuming the 50%/four week criteria are met.

An eligible employee can claim $2 for each day he or she worked from home in 2020 due to the pandemic. However, the maximum that an individual can claim for the 2020 tax year using the new temporary flat rate method is $400 (200 working days). There is no requirement to document any actual expenses incurred, and no requirement that the employer provide any kind of certification of the work-from-home arrangement.

In many households both spouses worked from home during 2020. Assuming that all of the criteria above are met, both spouses can make a claim for home office expenses using the flat rate method.

Although the new temporary flat rate method is widely available, taxpayers who qualify are still entitled to use the pre-existing detailed method under which actual eligible expenses incurred during the year are tallied and a percentage of those expenses claimed on the 2020 tax return.

In order to claim a deduction for costs related to a work-from-home space using the detailed method, an employee must meet at least one of the following conditions:

• the employee worked from home during 2020 as a consequence of the pandemic; or
• the employee was required by his or her employer to work from home during 2020.

In addition, at least one of the following criteria must also be satisfied in order to claim work-from-home costs under the detailed method:

• the home work space is where the individual mainly (more than 50% of the time) did his or her their work for a period of at least four consecutive weeks during 2020; or
• the individual uses the workspace only to earn his or her employment income—he or she must also use it on a regular and continuous basis for meeting clients, customers, or other people in the course of his or her employment duties.

Once these threshold criteria are met, a broad range of costs become deductible by the employee. Specifically, a salaried employee can claim and deduct the part of specified costs that relate to his or her workspace, such as the cost of rent or condo fees, electricity, heating, water, and home maintenance. For 2020, the list of eligible expenses has been expanded to specifically include internet access fees.

There is no specific formula provided for determining the proportion of eligible costs which can be deducted for qualifying home office expenses. The employee can determine that percentage based on the square footage of the workspace as a percentage of the overall square footage of the home, or he or she can make that calculation based on the number of rooms in the house or apartment relative to the number of rooms used for work-related purposes. Whichever method is chosen, the most important consideration is that the approach taken (and the expenses claimed) be reasonable. In all cases, the CRA can ask the taxpayer to provide documentation and support for claims made using the detailed method.

There is one further requirement for employees who seek to deduct costs incurred in relation to a home office using the detailed method. Each such employee must obtain either a Form T2200S, Declaration of Conditions of Employment for Working at Home Due to Covid-19, or Form T2200, Declaration of Conditions of Employment. On those forms, the employer must certify the work-from-home arrangement and confirm that the employee is not being reimbursed for any home office expenses incurred. Where there is any kind of reimbursement provided, the employer must specify the type of expense reimbursed, and the amount of reimbursement. And, of course, the employee cannot claim a deduction for any expenses for which reimbursement was received.

There is no real rule of thumb to determine which of the two methods outlined above would produce a better tax result in each employee’s circumstances. The choice is, however, that of the employee. Those who are willing to do the necessary calculations to determine whether a greater deduction can be obtained by using the more detailed method can certainly do so. Those who would rather avoid all of that required record keeping and those calculations can simply claim the standard amount allowed by the CRA.

To help employees decide whether they can claim home office expenses for 2020 and, if so, which method they want to use, the CRA has provided an extremely useful summary of the available methods, together with an online calculator for such expenses. All of that information can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/line-229-other-employment-expenses/work-space-home-expenses/what-changes.html.

Under Canadian tax law, the general rule is that all amounts paid by an employer to his or her employees are treated as taxable income. That rule holds whether those amounts are paid as cash remuneration, or in the form of non-cash benefits. However, in some circumstances, that general rule is altered to permit employees to receive certain non-cash benefits on a tax-free, or tax-advantaged, basis.

Under Canadian tax law, the general rule is that all amounts paid by an employer to his or her employees are treated as taxable income. That rule holds whether those amounts are paid as cash remuneration, or in the form of non-cash benefits. However, in some circumstances, that general rule is altered to permit employees to receive certain non-cash benefits on a tax-free, or tax-advantaged, basis.

Like so much else during 2020, the usual structure of working arrangements and employee compensation was displaced, and those changes have led the Canada Revenue Agency (CRA) to take another look at the tax treatment of the kinds of compensation and benefits paid during 2020. The CRA has now released information on some of the benefits or allowances which many employers have paid for the first time during 2020, and on how those benefits and allowances will be assessed for income tax purposes on the 2020 individual income tax return.

The announcements made by the CRA generally deal with compensation, benefits, or allowances paid by an employer to allow his or her employees to work partially or fully from home, as has been required under public health orders.

Home office equipment

In March of 2020, millions of employees were suddenly required to work from home during public health states of emergency. Doing so required, of course, that those employees have (or acquire) the necessary tools and equipment to allow them to do so — including, but not limited to, computers, desks, desk chairs, and, in many cases, upgraded Internet connections.

To allow their employees to work from home, many employers furnished the necessary equipment or provided their employees with the funds to do so themselves. The CRA has now indicated that in some — but not all — circumstances, there may be no taxable benefit to the employee from any such assistance. The general rule is as follows: where an employer pays for, or reimburses an employee for, the cost of computer or home office equipment to enable the employee to carry out his or her employment duties, there is no taxable benefit to the employee.

As is always the case in tax, there are limitations and exceptions to this rule. First, the maximum amount which can be provided to an employee (whether through direct purchase by an employer or reimbursement of expenses incurred by the employee) is $500. Any amount received over that $500 limit will be treated as a taxable benefit to the employee, to be reported on the return for 2020 and taxed as income.

Second, the way in which the employer assistance was structured makes a difference. Where the needed equipment or resources is furnished by the employer or the employer reimburses the employee for such purchases, there is no taxable benefit. Where the employee is provided with an advance to make such purchases and is required to provide an accounting (with receipts) for funds spent, and to return any unspent amount to the employer, there is similarly no taxable benefit received. (In both cases, of course, the amounts received or reimbursed are subject to the $500 limit outlined above.)  Where, however, the employee receives an allowance but is not required to account to the employer for amounts spent, there will be a taxable benefit assessed equal to the amount of that allowance.

Commuting and parking costs

The CRA’s longstanding policy is that costs incurred by an employee to get to and from work, including parking costs, are a personal expense. Where those personal expenses are paid by an employer, the employee is considered to have received a taxable benefit.

The Agency recognizes, however, that employees who do continue to commute to work under current conditions may incur additional expenses, in order to minimize their risk of illness. For instance, an employee could choose to drive to work, rather than incurring the additional risk posed by taking public transit. As well, employees who are working from home may need to “visit” the workplace in order to obtain needed equipment or for other employment-related purposes.

In light of those realities, the CRA is prepared, as a matter of administrative policy, to relax the usual rules relating to employee taxable benefits for commuting. Where an employee continues to go to a workplace on a regular basis, and the employer pays for, reimburses, or provides a reasonable allowance for additional commuting costs incurred, no taxable benefit will be assessed for such reimbursement or allowance. The CRA has indicated, as well, that this administrative concession is extended to situations in which an employer-owned motor vehicle is provided for the commute, provided that this represents a change, in that the employee did not, pre-pandemic, commute to work using an employer-provided vehicle.

Where the workplace is closed and employees work from home but must “visit” the workplace for any purpose that enables them to continue to perform their employment duties from home, a similar policy will apply. Specifically, where the employer pays for, reimburses or provides a reasonable allowance for the commuting costs involved in doing so, there will be no taxable benefit to the employee. Once again, this policy is extended to apply to the use of employer-owned motor vehicles.

Finally, where an individual has an employer-provided parking space at his or her workplace, but that workplace is closed, no taxable benefit will be assessed to the employee.

While there are no dollar limits imposed on the amounts outlined above, there are administrative restrictions and requirements. Most important, the administrative concessions exist to account for costs incurred by an employee only for reasons related to the pandemic and the need to comply with resulting public health measures and restrictions. Second, the overriding requirement of reasonableness will continue to apply and, finally, both employers and employees will be required to maintain records — both to demonstrate the reasonableness of any allowance or reimbursement provided, and to account for the kilometres driven for work-related purposes.

Cell phones and meal allowances

The CRA has existing policies with respect to payment by an employer of costs incurred for employment-related use of an employee’s cell phone, and to the payment of meal allowances, and the CRA has indicated that such policies will continue to apply for 2020.  More information on those policies can be found in CRA Guide T4130, Employers’ Guide — Taxable Benefits and Allowances, which can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4130.html.

The changes to the CRA’s policies with respect to employee taxable benefits are outlined in a Backgrounder which is available on the CRA website at https://www.canada.ca/en/revenue-agency/news/2020/12/employer-provided-benefits-and-allowances-cra-and-covid-19.html.

That Backgrounder indicates that all such administrative policy changes are effective only from March 15, 2020 to December 31, 2020.

For most taxpayers, the first few months of the year are a seemingly unending series of bills and payment deadlines. During January and February, many Canadians are still trying to pay off the bills from holiday spending. The first income tax instalment payment of 2021 is due on March 15 and the need to pay any tax balance for the 2020 tax year comes just 6 weeks after that, on April 30. Added to all of that, the deadline for making an RRSP contribution for 2020 falls on March 1, 2021.

For most taxpayers, the first few months of the year are a seemingly unending series of bills and payment deadlines. During January and February, many Canadians are still trying to pay off the bills from holiday spending. The first income tax instalment payment of 2021 is due on March 15 and the need to pay any tax balance for the 2020 tax year comes just 6 weeks after that, on April 30. Added to all of that, the deadline for making an RRSP contribution for 2020 falls on March 1, 2021.

The best advice on how to avoid a cash flow crunch, at least as it relates to RRSP deadlines, is to make RRSP contributions on a regular basis throughout the year. That is, however, more of a goal than a reality for the majority of Canadians, especially given the job and income losses experienced by so many during 2020 and into 2021.

All that notwithstanding, Canadians who wish to deduct an RRSP contribution on their income tax return for 2020 must make that contribution on or before March 1, 2021.  The maximum allowable current-year contribution which can be made by any individual taxpayer for 2020 is 18% of that taxpayer’s earned income for the 2019 year, to a statutory maximum of $27,230.

Those are the basic rules governing RRSP contributions for the 2020 tax year. For most Canadians, however, those rules are just the starting point of the calculation, as millions of Canadian taxpayers have what is termed “additional contribution room” carried forward from previous taxation years. That additional contribution room arises because the taxpayer either did not make an RRSP contribution in each previous year, or made one which was less than his or her maximum allowable contribution for the year. For many taxpayers that additional contribution room can amount to tens of thousands of dollars, and the taxpayer is entitled to use as much or as little of that additional contribution room as he or she wishes for the current tax year.

It’s apparent from the foregoing that determining one’s maximum allowable contribution for 2020 will take a bit of research. The first step in determining one’s total (current year and carryforward) contribution room for 2020 is to consult the last Notice of Assessment which was received from the Canada Revenue Agency (CRA). Every taxpayer who filed a return for the 2019 taxation year will have received a Notice of Assessment from the CRA, and the amount of that taxpayer’s allowable RRSP contribution room for 2020 will be summarized on page 3 of that notice. Taxpayers who have discarded (or can’t find) their Notice of Assessment can obtain the same information by calling the CRA’s Telephone Information Phone Service (TIPS) line at 1-800-267-6999. An automated service at that line will provide the required information, once the taxpayer has provided his or her social insurance number, month and year of birth, and the amount of income from his or her 2019 tax return. Those who don’t wish to use an automated service can call the CRA’s Individual Income Tax Enquiries Line at 1-800-959-8281 and speak to a client services agent, who will also request such identifying information before providing any taxpayer-specific data. Finally, for those who have registered for the CRA’s My Account service, the needed information will be available online.

One question that doesn’t often get asked by taxpayers is whether it actually makes sense to make an RRSP contribution. The wisdom of making annual contributions to one’s RRSP has become an almost unquestioned tenet of tax and retirement planning, but there are situations in which other savings vehicles — particularly the Tax-Free Savings Account (TFSA) — may be the better short-term or long-term option or even, in some cases, the only one available.

When it comes to making a contribution to one’s TFSA, the good news is the timelines and deadlines are much more flexible than those which govern RRSP contributions. A contribution to one’s TFSA can be made at any time of the year, and contributions not made during the current year can be carried forward and made in any subsequent year.

On the other hand, determining one’s total TFSA contribution room is significantly more complex than figuring out one’s allowable RRSP contribution amount, for two reasons. First, the maximum TFSA amount has changed several times (increasing and decreasing) since the program was introduced in 2009. Second, and more important, individuals who withdraw funds from a TFSA can re-contribute those funds, but not until the year following the one in which the withdrawal is made. Especially where a taxpayer has several TFSA accounts, and/or a history of making contributions, withdrawals, and re-contributions, it can be difficult to determine just where that taxpayer stands with respect to his or her current maximum allowable TFSA contribution amount.

In this case, there’s no help to be had from a Notice of Assessment, as the CRA does not provide TFSA contribution information on that form. Information on one’s current year TFSA contribution limit can, however, be obtained from the CRA website, from the TIPS line at 1-800-267-6999 or its Individual Income Tax Enquiries line at 1-800-959-8281, as outlined above. It should be noted, however, that information on one’s current (i.e. 2021) TFSA contribution limit won’t be available through the TIPS line until mid-February 2021.

Determining which savings vehicle is the better option for a particular taxpayer will depend, for the most part, on the taxpayer’s current and future tax situation, the purpose for which the funds are being saved, and the taxpayer’s particular sources of retirement income.

Taxpayers who are saving toward a shorter-term goal, like (hopefully!) next year’s vacation should direct those savings into a TFSA. While choosing to save through an RRSP will provide a tax deduction on that year’s return and, possibly, a tax refund, tax will still have to be paid when the funds are withdrawn from the RRSP in a year or two. And, more significantly from a long-term point of view, repeatedly using an RRSP as a short-term savings vehicle will eventually erode one’s ability to save for retirement, as RRSP contributions which are withdrawn cannot be replaced. While the amounts involved may seem small, the loss of contribution room and the compounding of invested amounts over 25 or 30 years or more can make a significant dent in one’s ability to save for retirement.

Taxpayers who are expecting their income to rise significantly within a few years – for example students in post-secondary or professional education or training programs – can save some tax by contributing to a TFSA while they are in school and their income (and therefore their tax rate) is low, allowing the funds to compound on a tax-free basis, and then withdrawing the funds tax-free once they’re working, when their tax rate will be higher. At that time, the withdrawn funds can be used to make an RRSP contribution, which will be deducted from income which would be taxed at that higher tax rate. And, in a need for funds should arise in the meantime, a tax-free TFSA withdrawal can always be made.

Canadians aged 71 and older will find the RRSP vs. TFSA question irrelevant, as the last date on which taxpayers can make RRSP contributions is December 31 of the year in which they turn 71. Many of those taxpayers will, however, have converted their RRSP savings to a registered retirement income fund (RRIF) and anyone who has done so is required to withdraw (and be taxed on) a specified percentage of those RRIF funds every year. Particularly where required RRIF withdrawals exceed the RRIF holder’s current cash flow needs, that “excess” income can be contributed to a TFSA. Although the RRIF withdrawals made must still be included in income for the year and taxed as such, transferring the funds to a TFSA will allow them to continue compounding free of tax and no additional tax will be payable when and if the funds are withdrawn. And, unlike RRIF or RRSP withdrawals, monies withdrawn in the future from a TFSA will not affect the planholder’s eligibility for Old Age Security benefits or for the federal age credit.

RRSPs and TFSAs are the most significant tax-free or tax-deferred savings vehicles available to Canadian taxpayers, and both have a place in most financial and retirement plans. To help taxpayers make informed choices about their savings options, the CRA provides a number of dedicated webpages about both RRSPs and TFSAs, and those can be found on the CRA website at http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/rrsp-reer/menu-eng.html and http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/tfsa-celi/menu-eng.html.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

Two quarterly newsletters have been added—one dealing with personal issues, and one dealing with corporate issues.

They can be accessed below.

Corporate:

Issue #54 Corporate

Personal:

Issue #54 Personal