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The Canada Revenue Agency’s (CRA) new Mandatory Disclosure Rules add complexities to tax planning and reorganizations. These rules are pivotal for family-owned enterprises and high-net-worth individuals engaged in sophisticated tax planning strategies.
Overview of the New Rules:
The CRA has updated its rules to gather more information on aggressive tax planning strategies. This move aligns with global trends and recommendations from the OECD’s Base Erosion and Profit Shifting (BEPS) project.
The rules target two types of transactions: Reportable Transactions and Notifiable Transactions.
Reportable Transactions: These are transactions that meet specific criteria, such as contingent fee arrangements, confidential protection, or contractual protection, and aim to obtain a tax benefit.
Notifiable Transactions: These are transactions specifically designated by the Minister of National Revenue as requiring reporting, including those deemed abusive or of interest for further scrutiny.
Transactions meeting the criteria must be reported within 90 days of commitment or execution.
The CRA requires reporting on Form RC312 for Reportable and Notifiable Transactions, and Form RC3133 for Reportable Uncertain Tax Treatments.
Failure to report can lead to significant penalties, including $500 per week for individuals and $2,000 per week for large corporations, with maximum penalties based on the tax benefit involved.
Implications for Your Business:
The CRA’s new Mandatory Disclosure Rules signify a shift towards greater transparency in tax planning. Family-owned enterprises and high-net-worth individuals need to understand these changes, reassess their tax strategies, and ensure compliance to avoid hefty penalties. As always, professional advice from Shajani CPA, tailored to your specific situation is invaluable in navigating these complex regulations.
This information is for discussion purposes only and should not be considered professional advice. There is no guarantee or warrant of information on this site and it should be noted that rules and laws change regularly. You should consult a professional before considering implementing or taking any action based on information on this site. Call our team for a consultation before taking any action. ©2023 Shajani CPA.
Shajani CPA is a CPA Calgary, Edmonton and Red Deer firm and provides Accountant, Bookkeeping, Tax Advice and Tax Planning services.