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Government of Canada Debt in selected years:

Year 1901 1921 1951 1976 2001
Debt ($millions) $355 $2,929 $16,718 $61,928 $644,900
Population (millions) 5.4 8.8 13.6 23.5 31.8
Debt per person (dollars) $66 $333 $1,225 $2,641 $20,748

Source: Statistics Canada Note: 1921 used instead of 1926 (25 year interval) because population for 1926 not available.

Seems we are going in the wrong direction and yet as taxpayers, we are somewhat complacent to this effect. And in most cases more concerned individually than nationally on this issue. It is scary to see over at 25-year period (from 1976 to 2001) our debt per person has increased near eight fold. What should also give us a shrill is the growth in obligations under programs such as the Canada and Quebec Pension Plans, Old Age Security, and Medicare systems that could increase the debt further.

This problem likely had some influence on the new legislation passed through Parliament quickly that came into effect on May 14, 2004. New is the 10-year limitation period for legal actions to be taken by the federal government for tax debts and other amounts such as GST, excise duties, and excise taxes.

The old limitation period was 6 years with the taxpayer off the hook should collection not be made within this time frame.

Not only was the limitation period to collect extended, but also "old debts" had their clocks reset to begin the new 10-year period on March 4, 2004. This means CRA has until 2014 to take collection action on those old debts. This applies even if the taxpayer obtained a Court order suspending collection based on the precedent setting collection action for the Markevich decision.

DID YOU KNOW?

If you run your business from home you can deduct home office expenses such as your mortgage interest, utilities, repairs, property taxes in proportion to your business use of the home, even if you are an employee.

You can deduct RRSP contributions made to your spouse's RRSP and this will not affect the RRSP deduction room of your spouse.

You can use your RRSP to purchase your first home or to pursue post-secondary education. Tax-free withdrawals of up to $20,000.00 are allowed under both the Home Buyers Plan and the Lifelong Learning Plan.

You are exempt from taxation on up to $500,000.00 of capital gains from the sale of shares in a qualified small business corporation.

CRA has up to 3 years to reassess you from your original tax filings. The three year clock starts running from the date shown on your Notice of Assessment you received after you filed your tax return.

Two exceptions to the rule are: If you have committed any fraud when you filed your return. Neglect, carelessness or willful default by you when filing will open the tax year to be reassessed at any time, but it will be up to CRA to prove the above has occurred.

Being a director of a corporation or charity may seem prestigious, albeit you should be aware the title comes with the hidden liability of GST and source deductions should the corporation or charity not pay its tax obligations as they come due.

So at board meetings this should come up a few times a year to make sure you are not at risk. If addressed at board meetings frequently, you could escape liability for un-remitted taxes if you meet what is called the "due diligence" defence. You are not liable "where the director has exercised the degree of care, diligence and skill to prevent the failure of taxes, that a reasonably prudent person would have exercised in comparable circumstances.

Hope all are well and please call if you have any questions regarding any item on this newsletter.

 

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