Federal Budget 2024 is now released! Here are eight key considerations for accountants and small business advisors.

Budget 2024 proposed a wide array of changes impacting a variety of individuals, businesses and other organizations.

After some of our team spent the day in the Budget lockup, VTN has come up with this list of the top 8 areas for accountants and small business advisors to be aware of. See the video below.

1.     Capital Gains Inclusion Rate – The inclusion rate will be increased from 50% to 2/3 effective for dispositions on and after June 25, 2024. For taxation years that straddle that date, the inclusion rate will depend on the date of disposition. Individuals (other than trusts) will retain the 50% inclusion rate on the first $250,000 of capital gains per year (or for the period from June 25 to December 31, 2024). Other taxpayers, including corporations and trusts, will be subject to the 2/3 inclusion rate on all capital gains. Similar measures will apply to stock option benefits and capital losses carried back or forward.

2.     Lifetime Capital Gains Exemption – The lifetime limit will be increased to $1,250,000 from its present level of $1,016,836, effective for dispositions on and after June 25, 2024. This amount will be indexed for inflation commencing in 2026.

3.     Canadian Entrepreneurs’ Incentive – Commencing in 2025, the capital gains inclusion rate on certain shares will be eligible for a halved capital gains inclusion rate (so 25% or 1/3). The requirements will be more stringent than eligibility for the lifetime capital gains exemption. For example, the taxpayer would be required to have been a founding shareholder with a significant interest (over 10% of votes and value) that owned the shares and was active in the business for at least five years immediately preceding the sale.

4.      Employee Ownership Trust Tax Exemption – Individuals disposing of shares to an employee ownership trust in a qualifying business transfer that occurs between January 1, 2014 and December 31, 2026 will be eligible for a $10 million capital gains exemption, as first announced in Fall Economic Statement 2023. Numerous requirements must be met, even beyond the requirements of a qualifying business transfer and the lifetime capital gains exemption. For example, the vendor (or their spouse or common-law partner) must have been actively engaged in the qualifying business for at least 24 months. Where there are multiple eligible vendors, they must share the $10 million limit. In the event of certain “disqualifying events” within 36 months following the transfer, the exemption would be retroactively reversed.

5.     Canada Disability Benefit – Payments to eligible Canadians would begin in July 2025, following the successful completion of the regulatory process and consultations with persons with disabilities. A maximum benefit amount of $2,400 per year would be available for individuals between the ages of 18 and 64 eligible for the disability tax credit.

6.     Alternative Minimum Tax – The proposals to amend the AMT regime to better focus on high-income individuals and certain trusts, as introduced in Budget 2023, would proceed, subject to certain changes. The available donation tax credit under the AMT would be increased to 80% of the credit claimed for regular income tax in order to address concerns that under the 2023 proposals, very philanthropic individuals may be subject to AMT. In addition, exemptions from the AMT regime are proposed for certain trusts established for the benefit of various Indigenous groups. There were no broad-based changes to address concerns that many smaller trusts would be subject to AMT. There was also no change to the 2023 proposal that only 50% of interest and financing costs incurred to earn income from property would be deductible for AMT purposes.

7.     Canada Carbon Rebate for Small Businesses – An accelerated and automated process to provide direct carbon rebates (a refundable tax credit) to CCPCs in the provinces where the federal fuel charge applies would be introduced (Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador). The rebate would be calculated by multiplying the number of persons employed in the province by a payment rate to be specified by the Minister of Finance. To be eligible for the rebate, the corporation would need to have had no more than 499 employees throughout Canada in the applicable calendar year. The payment rates for each applicable province for the 2019-20 to 2023-24 fuel charge years will be provided once sufficient information is available from the 2023 taxation year.

8.     Accelerated CCA – An accelerated CCA rate of 10% for new eligible purpose-built rental projects that begin construction on or after April 16, 2024 and before January 1, 2031 would be provided. Eligible property would be residential complexes with at least four private apartment units or 10 private rooms or suites. At least 90% of the units must be held for long-term rental. In addition, immediate 100% CCA expensing for new additions of property in respect of the following three classes would be provided if the property is acquired on or after April 16, 2024 and becomes available for use before January 1, 2027: class 44 (patents or the rights to use patented information for a limited or unlimited period); class 46 (data network infrastructure equipment and related systems software); and class 50 (general-purpose electronic data-processing equipment and systems software).

Full Budget

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Watch! Life in the Tax Lane - April 2024

This FREE 10-minute video for Canadian Tax Professionals includes rapid-fire discussion of select recent developments in the wonderful world of Canadian tax presented by the Video Tax News Team. 

Sources:

* Late Breaking - Bare Trust Reporting Exemption!

On March 28, 2024 (after this episode of Life in the Tax Lane was recorded), CRA announced that bare trusts would be exempt from trust reporting requirements for 2023. CRA stated:

“To support ongoing efforts to ensure the effectiveness and integrity of Canada’s tax system, the Government of Canada introduced new reporting requirements for trusts.

In recognition that the new reporting requirements for bare trusts have had an unintended impact on Canadians, the Canada Revenue Agency (CRA) will not require bare trusts to file a T3 Income Tax and Information Return (T3 return), including Schedule 15 (Beneficial Ownership Information of a Trust), for the 2023 tax year, unless the CRA makes a direct request for these filings.

Over the coming months, the CRA will work with the Department of Finance to further clarify its guidance on this filing requirement. The CRA will communicate with Canadians as further information becomes available.”

For more information, see CRA’s Tax Tip .

Program Recorded: March 21, 2024.


Life in the Tax Lane is for general information purposes only and deals with dynamic, time-sensitive and complex matters that may not apply to particular facts and circumstances. The information provided should not be relied upon as a substitute for specialized professional advice in connection with any particular matter. For more information visit videotax.com/disclaimer. ©Video Tax News Inc. 2024, All Rights Reserved.

 
 

T3 filings: updated guidance on relief

Many practitioners have been addressing the challenges of the new trust reporting requirements, especially as they have imposed filing requirements on a vast array of arrangements commonly described as “bare trusts”. While CRA had indicated that there would be some penalty relief for bare trusts, the phrasing was not very comforting for many advisors.

 On March 12, 2024, CRA updated Questions 3.5 and 3.6 on their FAQ webpage New reporting requirements for trusts: T3 returns filed for tax years ending after December 30, 2023.

 The exact text of CRA’s Questions 3.5 and 3.6, on this penalty relief, is reprinted below.

 3.5. Will the CRA provide any relief for penalties if a bare trust does not file their 2023 T3 Return and Schedule 15 by the filing deadline as required?

As some bare trusts may be uncertain about the new requirements, the CRA is adopting an education-first approach to compliance and providing relief to bare trusts by waiving the penalty payable under subsection 162(7) of the Income Tax Act for the 2023 tax year in situations where the T3 Return and Schedule 15 are filed after the filing deadline for reasons other than gross negligence. For the 2023 tax year, where the tax year of the trust ends on December 31, 2023, the filing deadline of March 30, 2024, is extended to April 2, 2024, the first business day after the deadline.

This proactive relief is for bare trusts only and only for the 2023 tax year.

While the Act also includes a gross negligence penalty under subsection 163(5), as part of the CRA’s education-first approach, the CRA will only apply this penalty in the most egregious cases where a bare trust fails to file. Imposing such a penalty would only occur in the context of a compliance action, such as an audit, where all factors and circumstances of the taxpayer’s particular situation are considered together. A gross negligence penalty for failing to file will be subject to oversight and approval by Headquarters, following a mandatory referral.

Under the Act, the gross negligence penalty is equal to the greater of $2,500 and 5% of the highest amount at any time in the year of the fair market value of all the property held by the trust.

3.6. Why is the relief of penalties for the 2023 filing year only applicable to bare trusts?

Bare trusts did not have an obligation in years prior to the 2023 tax year to file a T3 Return, and the CRA recognizes that the 2023 tax year will be the first time that bare trusts will have a requirement to file a T3 Return including the new Schedule 15.

Thank you to the tax team at CPA Canada for their ongoing efforts in addressing the need for a broader statement on penalty relief with CRA.