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Updated: 3 hours 28 min ago

Changes to the Senior Assistance Tax Credit

Wed, 12/14/2022 - 15:17

As announced by the Ministère des Finances, changes are being made to the senior assistance tax credit in order to improve the financial assistance offered to individuals age 70 or over.

Beginning in the 2022 taxation year, the maximum tax credit for an eligible senior age 70 or over without a spouse has been increased to $2,000. For a couple where both partners are eligible seniors, the maximum tax credit is $4,000. Tax credit payments will begin in spring 2023, once your income tax return for 2022 has been processed.

Maximum tax credit

The maximum tax credit for 2022 is:

  • $2,000 for an eligible senior without a spouse whose family income is $24,195 or less (the credit is reduced by 5% above that threshold);
  • $4,000 for a couple where both partners are eligible seniors and whose family income is $39,350 or less (the credit is reduced by 5% above that threshold).
  • $2,000 for a couple where only one partner is an eligible senior and whose family income is $39,350 or less (the credit is reduced by 5% above that threshold).
Maximum family income

If your family income for 2022 is equal to or greater than the applicable maximum in the table below, you are not eligible for the tax credit.

Situation Maximum family income Eligible senior without a spouse $64,195 Eligible senior with an ineligible spouse $79,350 Couple of eligible seniors $119,350 Other changes

The following changes are also being made:

  • The maximum tax credit will not be indexed annually.
  • A new mechanism for revaluing the 5% reduction rate will be introduced in 2023.

For more information, see information bulletin 2022-7 on the Ministère des Finances website.

New Refundable Cost of Living Tax Credit

Wed, 11/09/2022 - 11:53

As announced by the Ministère des Finances, a new refundable cost of living tax credit has been created to help taxpayers in Québec deal with the rising cost of living caused by constantly increasing inflation. It will be paid out to eligible individuals who file their income tax return for 2021 by June 30, 2023, and whose net income for 2021 is less than $104,000.

Eligibility is based on your situation on December 31, 2021. Generally speaking, you must have been 18 or over, been resident in Québec and had an eligible residency status. If you turned 18 in 2022, you will be considered eligible if you meet the other requirements.

Amount of the credit Net income for 2021 Amount of the credit $50,000 or less $50,000 or less $600 $50,000 to $54,000 $400 to $599.99 (reduced by 5% of your income over $50,000) $54,000 to $100,000 $400 $100,000 to $104,000 $0 to $399.99 (reduced by 10% of your income over $100,000) Payment of the credit

The credit will be paid out to eligible individuals automatically. You do not need to claim it. If you file your 2021 income tax return by November 9, 2022, your credit will be paid out as early as December. If you file after that date (but before June 30, 2023), your credit will be paid out when your return is processed.

For more information, click New Refundable Cost of Living Tax Credit or see information bulletin 2022-6 on the Ministère des Finances website.

Revised version – Harmonization With the Regulations Amending the Income Tax Regulations as Regards Additional CPP and QPP Contributions

Thu, 10/27/2022 - 13:39
Note Important The formulas for calculating source deductions of income tax in the original Tax News article of August 11, 2022, were changed after its publication. This revised version includes the formulas harmonized with those published by the Canada Revenue Agency on October 22, 2022, in the Payroll Deductions Formulas (guide T4127). End of note

On March 16, 2022, the federal government published amendments to the Income Tax Regulations in the Canada Gazette. Under the amendments, which come into effect on January 1, 2023, additional employee contributions to the Québec Pension Plan (QPP) and the Canada Pension Plan (CPP) must be deducted from employment income when calculating the remuneration from which to withhold federal income tax.

In information bulletin 2022-3, published on April 29, 2022, the Ministère des Finances announced that the Regulation respecting the Taxation Act would be amended to include the changes to the Income Tax Regulations, with the necessary adjustments. These amendments also come into effect on January 1, 2023.

The formulas for calculating source deductions of income tax as of January 1, 2023, are shown below. The new formulas let you take into account employees' first additional QPP contribution when calculating the remuneration from which to withhold Québec income tax. 

Do not use these formulas for 2022. We are only publishing them so that employers can update their payroll systems for 2023.

The formulas for calculating source deductions of income tax and QPP contributions as of January 1, 2024, will be published at a later date so that you can take into account the second additional employee QPP contribution.

For more information, see guide TP-1015.F-VFormulas to Calculate Source Deductions and Contributions.

Formulas for calculating source deductions of income tax Calculating source deductions of income tax for regular payments Regular payments Calculating the annual taxable income

I = annual taxable income

  = [P × (G − F − H − CSA)] − J − J₁ ► If the result is negative, enter 0.

New variable

CSA = additional employee QPP contributions on the employee's gross pensionable income for the pay period, excluding gratuities, retroactive pay or similar lump-sum payments

        = CS × [(S₃ − B₂) / S₃]

            where

            CS = additional employee QPP contributions for the pay period

                  = C × (0.01 / 0.0640)

                      where

                      C = employee QPP contribution for the pay period

            S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments

            B₂ = gratuities, retroactive pay or similar lump-sum payments made during the pay period

Gratuities, retroactive pay or similar lump-sum payments First method Calculating annual taxable income

I₁ = annual taxable income

   = (G₁ − F₁ − H₁ − CSA₁) + [Pr × (G − F − H₂ − CSA)] − J − J₁ ► If the result is negative, enter 0.

New variables

CSA₁ = total of the amounts included in variable CSA accrued before the start of the current pay period

CSA = additional employee QPP contributions on the employee's gross pensionable income for the pay period, excluding gratuities, retroactive pay or similar lump-sum payments

        = CS × [(S₃ − B₂) / S₃]

            where

            CS = additional employee QPP contributions for the pay period

                  = C × (0.01 / 0.0640)

                      where

                      C = employee QPP contribution for the pay period

            S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments

            B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period

Calculating income tax for the year

Y₁ = income tax for the year taking into account variable B₁

     = [T × (I₁ + B₁ − CSB₁)] − K − K₁ − (0.15 × E) − (0.15 × P × Q) − (0.15 × P × Q₁) ► If the result is negative, enter 0.

Y₂ = income tax for the year taking into account variables B₁ and B₂

     = [T × (I₁ + B₁ + B₂ − CSB₁CSB)] − K − K₁ − (0.15 × E) − (0.15 × P × Q) − (0.15 × P × Q₁) ► If the result is negative, enter 0.

New variables

CSB₁ = total of the amounts in variable CSB accrued before the start of the current pay period 

CSB = additional employee QPP contributions on gratuities, retroactive pay or similar lump-sum payments during the pay period

       = CS × (B₂ / S₃)

           where

           CS = additional employee QPP contributions for the pay period

                 = C × (0.01 / 0.0640)

                     where

                     C = employee QPP contribution for the pay period

           B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period

           S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments

Second method Calculating annual taxable income

I = annual taxable income

  = [P × (G − F − H − CSA)] + B₁ + B₂ − CSB₁CSB − J − J₁ ► If the result is negative, enter 0.

New variables

CSA = additional employee QPP contributions on the employee's gross pensionable income for the pay period, excluding gratuities, retroactive pay or similar lump-sum payments

         = CS × [(S₃ − B₂) / S₃]

             where

             CS = additional employee QPP contributions for the pay period

                   = C × (0.01 / 0.0640)

                       where

                       C = employee QPP contribution for the pay period

              S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments

              B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period

CSB₁ = total of the amounts included in variable CSB accrued before the start of the current pay period 

CSB = additional employee QPP contributions on gratuities, retroactive pay or similar lump-sum payments during the pay period

        = CS × (B₂ / S₃)

            where

            CS = additional employee QPP contributions for the pay period

                   = C × (0.01 / 0.0640)

                       where

                       C = employee QPP contribution for the pay period

           B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period 

           S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments 

Calculating source deductions of income tax for the pay period

A = source deductions of income tax on a gratuity, retroactive payment or similar lump-sum payment during the pay period 

    = T × (B₂ − CSB)

New variable

CSB = additional employee QPP contributions on gratuities, retroactive pay or similar lump-sum payments during the pay period 

         = CS × (B₂ / S₃)

             where

             CS = additional employee QPP contributions for the pay period

                   = C × (0.01 / 0.0640)

                       where

                       C = employee QPP contribution for the pay period

             B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period 

             S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments 

Calculating source deductions of income tax on a cumulative-averaging basis First method Calculating annual taxable income

I = annual taxable income

    = [S₁ × (G − F − H − CSA₁CSA)] + B − CSB₁CSB − J − J₁ ► If the result is negative, enter 0.

New variables

CSA₁ = total of the amounts included in variable CSA accrued before the start of the current pay period

CSA = additional employee QPP contributions on the employee's gross pensionable income for the pay period, excluding gratuities, retroactive pay or similar lump-sum payments

        = CS × [(S₃ − B₂) / S₃]

            where

            CS = additional employee QPP contributions for the pay period

                  = C × (0.01 / 0.0640)

                      where

                      C = employee QPP contribution for the pay period

            S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments

            B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period

CSB₁ = total of the amounts included in variable CSB accrued before the start of the current pay period 

CSB = additional employee QPP contributions on gratuities, retroactive pay or similar lump-sum payments during the pay period

        = CS × (B₂ / S₃)

            where

            CS = additional employee QPP contributions for the pay period

                  = C × (0.01 / 0.0640)

                      where

                      C = employee QPP contribution for the pay period

            B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period

            S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments 

Second method Calculating annual taxable income

I₃ = annual taxable income taking into account variable B₃

    = [S₁ × (G − F − H₁ − CSA₁CSA)] + B₃ − CSB₁CSB − J − J₁ ► If the result is negative, enter 0.

I₄ = annual taxable income taking into account variable B₄

    = [S₁ × (G − F − H₂ − CSA₁CSA)] + B₄ − CSB₁ − J − J₁ ► If the result is negative, enter 0.

New variables

CSA₁ = total of the amounts included in variable CSA accrued before the start of the current pay period

CSA = additional employee QPP contributions on the employee's gross pensionable income for the pay period, excluding gratuities, retroactive pay or similar lump-sum payments

        = CS × [(S₃ − B₂) / S₃]

            where

            CS = additional employee QPP contributions for the pay period

                  = C × (0.01 / 0.0640)

                      where

                      C = employee QPP contribution for the pay period

            S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments

            B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period

CSB₁ = total of the amounts included in variable CSB accrued before the start of the current pay period 

CSB = additional employee QPP contributions on gratuities, retroactive pay or similar lump-sum payments during the pay period

        = CS × (B₂ / S₃)

            where

            CS = additional employee QPP contributions for the pay period

                  = C × (0.01 / 0.0640)

                      where

                      C = employee QPP contribution for the pay period

            B₂ = gratuities, retroactive pay or similar lump-sum payments during the pay period 

            S₃ = employee's gross pensionable income for the pay period, including gratuities, retroactive pay or similar lump-sum payments 

Harmonization with the Regulations Amending the Income Tax Regulations as Regards Additional CPP and QPP Contributions

Thu, 08/11/2022 - 15:08

On March 16, 2022, the federal government published amendments to the Income Tax Regulations in the Canada Gazette. Under the amendments, which come into effect on January 1, 2023, additional employee contributions to the Québec Pension Plan (QPP) and the Canada Pension Plan (CPP) must be deducted from employment income when calculating the remuneration from which to withhold federal income tax.

In information bulletin 2022-3, published on April 29, 2022, the Ministère des Finances announced that the Regulation respecting the Taxation Act would be amended to include the changes to the Income Tax Regulations, with the necessary adjustments. These amendments also come into effect on January 1, 2023.

The formulas for calculating annual taxable income as of January 1, 2023, are shown below. The new formulas let you take into account employees' first additional QPP contribution when calculating the remuneration from which to withhold Québec income tax. 

Do not use these formulas for 2022. We are only publishing them so that employers can update their payroll systems for 2023.

The formulas for calculating annual taxable income and QPP contributions as of January 1, 2024, will be published at a later date so that you can take into account the second additional employee QPP contribution.

For more information, see guide TP-1015.F-V, Formulas to Calculate Source Deductions and Contributions.

FORMULAS FOR CALCULATING ANNUAL TAXABLE INCOME Calculating source deductions of income tax for regular payments Regular payments

Calculating the annual taxable income

I      =     annual taxable income 

       =     P × (G − F − H − CS) − J − J₁

New variable

CS  =   additional employee QPP contributions for the pay period

       =   C × (0.01/0.0640)

            where

            C  =   employee QPP contribution for the pay period

Gratuities, retroactive pay or similar lump-sum payments

First method

Calculating the annual taxable income

I₁     =     annual taxable income

        =     (G₁ − F₁ − H₁ − CS₁) + [Pr × (G − F − H₂ − CS)] − J − J₁

New variables

CS₁ =   total of the amounts included in variable CS accrued before the start of the current pay period  

CS  =   additional employee QPP contributions for the pay period

       =   C × (0.01/0.0640)

            where

            C  =   employee QPP contribution for the pay period

Second method

Calculating the annual taxable income

I      =     annual taxable income

       =     P × (G − F − H − CS) + B₁ + B₂ − J − J₁

New variable

CS  =   additional employee QPP contributions for the pay period

       =   C × (0.01/0.0640)

             where

             C  =   employee QPP contribution for the pay period

Calculating source deductions of income tax on a cumulative-averaging basis

First method

Calculating the annual taxable income

I      =     annual taxable income

       =     S₁ × [G − F − H − (CS₁ + CS)] + B − J − J₁

New variables

CS₁ =   total of the amounts included in variable CS accrued before the start of the current pay period

CS  =   additional employee QPP contributions for the pay period

       =   C × (0.01/0.0640)

             where

             C  =   employee QPP contribution for the pay period

Second method

Calculating the annual taxable income

I₃      =     annual taxable income taking into account variable B₃

         =     S₁ × [G − F − H₁ − (CS₁ + CS)] + B₃ − J − J₁

I₄      =     annual taxable income taking into account variable B₄

         =     S₁ × [G − F − H₂ − (CS₁ + CS)] + B₄ − J − J₁

New variables

CS₁ =   total of the amounts included in variable CS accrued before the start of the current pay period

CS  =   additional employee QPP contributions for the pay period

       =   C × (0.01/0.0640)

             where

              C  =   employee QPP contribution for the pay period

Withdrawing an Objection

Mon, 06/13/2022 - 15:03

Under section 93.1.1 of the Tax Administration Act (TAA), you can object to an assessment under a fiscal law by filing a written notice of objection. The notice must set out the reasons for the objection and the relevant facts, and it must be filed no later than 90 days following the date the notice of assessment was sent.

In accordance with section 93.1.6 of the TAA, when we receive a notice of objection, we begin by thoroughly re-examining the assessment. We then either cancel, confirm or amend the original assessment or issue a reassessment, and we send our decision by mail.

After filing an objection, you may wish to withdraw it for various reasons. For example, you might realize that the assessment was accurate. Or, our examination of the reasons for the objection might reveal an error in the contested part of the assessment that results in an increase in the duties payable.

However, according to case law, objecting to an assessment is part of the assessment process, which does not end until we have determined the definitive amount of the tax liability, either by issuing a reassessment or by cancelling, confirming or amending the original assessment.

As a result, you cannot withdraw your objection to avoid a greater assessment or because you no longer want to continue the objection process—the objections officer tasked with making a decision on the objection must re-examine the assessment and either cancel, confirm or amend it or make a reassessment, in accordance with section 93.1.6 of the TAA.

Likewise, even if you decide to withdraw your objection because you agree that the assessment is accurate and you have no other arguments to make, the objections officer will nonetheless re-examine the assessment. In most cases, they will confirm it. However, if they discover an error that results in an increase or decrease in the contested duties, they will amend the assessment to correct the error.

Our objection process is the same as that used by the Canada Revenue Agency. What's more, going through the full process is a prerequisite for filing a contestation before the Court of Québec under section 93.1.10 of the TAA.

Note

Generally speaking, a decision increasing the amount of an assessment can only be made during the regular assessment period. However, such a decision can be made outside this period under section 25.1 of the TAA, paragraph (b) of subsection (2) of section 1010 of the Taxation Act or subsection 298(4) of the Excise Tax Act. That said, the decision to increase an assessment is an exceptional measure and can only be made if, while examining the reasons for the objection, the information in the file or newly revealed or submitted facts, the objections officer discovers an error in the contested part of the assessment.

End of note

New Special One-Time Cost of Living Tax Credit

Tue, 03/22/2022 - 17:24

As announced in the budget speech of March 22, 2022, a new one-time refundable tax credit has been created to help individuals deal with the rising cost of living. It will be paid out to eligible individuals who file an income tax return for 2021 and whose net income for the year is less than $105,000.

Eligibility is based on your situation on December 31, 2021. To be eligible, you must have been 18 or over, been resident in Québec and had an eligible residency status.

Amount of the credit

If your net income for 2021 was $100,000 or less, you will receive a $500 tax credit.

If your net income for 2021 was between $100,000 and $105,000, the $500 will be reduced by 10% of the part of your net income that exceeds $100,000.

Payment of the credit

If you are eligible, the new credit will be paid out automatically when we process your 2021 income tax return. You do not have to claim it. If you have already filed your return, you will receive the credit by the end of May 2022.

For more information on the new credit, click Special One-Time Cost of Living Tax Credit or see the Additional Information on the 2022-2023 budget on the Ministère des Finances website.

Limits and Rates Related to the Use of an Automobile for 2022

Tue, 03/01/2022 - 15:50

The limits and rates used to determine deductible automobile expenses and calculate taxable benefits relating to the use of an automobile for 2022 are as follows:

  • The deductible limit for tax-exempt allowances paid by employers to employees is increased to $0.61/km for the first 5,000 kilometres travelled and $0.55/km for additional kilometres. For the Yukon, the Northwest Territories and Nunavut, the deductible limit for tax-exempt allowances paid by employers to employees is increased to $0.65/km for the first 5,000 kilometres travelled and $0.59/km for additional kilometres.
  • The prescribed amount used to determine the value of the taxable benefit an employee receives for the personal portion of the operating costs of an automobile provided by his or her employer is increased to $0.29/km. For taxpayers whose main occupation is selling or leasing automobiles, the prescribed amount is increased to $0.26/km.
  • The depreciable value of non zero-emission passenger vehicles for capital cost allowance purposes is increased to $34,000 (before GST and QST) for vehicles purchased after 2021.
  • The depreciable value of eligible zero-emission passenger vehicles for capital cost allowance purposes is increased to $59,000 (before GST and QST) for vehicles purchased after 2021. Eligible zero-emission passenger vehicles include plug-in hybrids with a battery capacity of at least 7 kWh and vehicles that are fully electric or fully powered by hydrogen.
  • The deductible limit for interest paid on amounts borrowed to purchase a passenger vehicle remains $300/month for loans related to vehicles purchased after 2021.
  • The deductible limit for leasing expenses is increased to $900/month (before GST and QST) for leases entered into after 2021. A separate restriction prorates deductible leasing expenses when the value of the passenger vehicle exceeds the depreciable value.

Contribution Related to Labour Standards

Thu, 12/02/2021 - 14:40

The Québec government recently passed the Act to modernize the occupational health and safety regime, which requires new categories of employers to pay the contribution related to labour standards and adjusts the contribution rate for employers that are currently subject to the contribution.

Beginning in 2022
  • The contribution rate for employers that are currently subject to the contribution will go from 0.07% to 0.06%.
  • New categories of employers will be required to pay the contribution related to labour standards. Depending on the category, their contribution rate will be:
    • the regular 0.06% rate; or
    • a reduced rate of 0.02% in 2022, 0.03% in 2023 and 0.05% in 2024.

Beginning in 2025, the rate will be the same for all employers.

To learn more about calculating and paying the contribution or about the new employer categories required to pay it, see Contribution related to labour standards at Principal Changes for 2022.

New One-Time Cost of Living Credit

Thu, 11/25/2021 - 17:17

The Ministère des Finances has announced a new refundable tax credit to help offset the part of the increase in the cost of living that is not covered by the indexation of the tax system. To be eligible for it, you must be eligible for the solidarity tax credit for the period from July 1, 2021, to June 30, 2022, because you met the requirements on December 31, 2020.

The new credit is a lump sum of:

  • $200 for an eligible individual; or
  • $275 for an eligible individual living alone.

Unlike the solidarity tax credit, the new one-time credit is not reduced on the basis of your family income.

You do not have to claim the new credit. Payments will be made automatically beginning on January 24, 2022.

To receive the new credit, you must file your 2020 income tax return by December 31, 2021, or you must have been receiving last-resort financial assistance on December 31, 2020. Filing your 2020 return by December 31, 2021, is also the only way to make sure you get the full amount you are entitled to.

For more information, see information bulletin 2021-8 on the Ministère des Finances website.

Changes to the Tax Credit for Childcare Expenses

Thu, 11/25/2021 - 16:56

To help families with high unsubsidized childcare expenses, the Ministère des Finances has announced changes to the refundable tax credit for childcare expenses. 

Increased tax credit rates

The tax credit rate brackets have been adjusted. The rates for 2021 are shown in the table below.

Family income ($) Tax credit rate (%) more than not more than - 21,000 78 21,000 37,030 75 37,030 38,400 74 38,400 39,780 73 39,780 41,135 72 41,135 42,515 71 42,515 101,490 70 101,490 or more 67 Increased expense limits

Certain childcare expense limits have been increased as of 2021.

  • For a child who is under 7 at the end of the year, the limit has been increased from $9,825 to $10,400.
  • For a child with a severe and prolonged impairment in mental or physical functions, the limit has been increased from $13,445 to $14,230.
Advance payments

Advance payments for 2021 will not be adjusted to reflect the changes. However, the rate and expense limit increases will be taken into account in the 2021 income tax return.

For more information, see information bulletin 2021-8 on the Ministère des Finances website. The website also has a tool for calculating the net daily cost of your childcare services.

Changes to the Tax Credit for the Treatment of Infertility

Fri, 11/12/2021 - 15:42

The Ministère des Finances du Québec recently announced changes to the tax credit for the treatment of infertility to better complement the Québec health insurance plan and improve access to financial assistance for would-be parents.

The main changes are the following:

  • Certain eligibility requirements have been eliminated.
  • Expenses for an unlimited number of in vitro fertilization cycles are now eligible.
  • Expenses paid for certain artificial insemination treatments are now eligible.
Eliminated requirements

The following three requirements no longer apply in respect of in vitro fertilization expenses paid after November 14, 2021:

  • Neither you nor your spouse had a child before the start of the in vitro fertilization treatment for which the expenses were paid.
  • A physician certifies that neither you nor your spouse underwent surgical sterilization by vasectomy or tubal ligation for reasons that are not strictly medical.
  • The expenses are attributable to no more than a single in vitro fertilization cycle in the case of a woman age 36 or under, and to no more than two cycles in the case of a woman age 37 or over.
Artificial insemination treatments

Expenses paid after November 14, 2021, for certain artificial insemination treatments are now eligible.

To learn more about the changes, see information bulletin 2021-7 on the Ministère des Finances website.

October 31, 2021: Deadline for Reporting QST on a Benefit Granted by a Dealer That Is a Large Business Concerning the Personal Use of a Motor Vehicle by an Employee

Tue, 09/07/2021 - 12:03

The Act to amend the Taxation Act, the Act respecting the Québec sales tax and other provisions (S.Q. 2021, c.18) was given assent on June 4, 2021.

It sets a deadline for dealers that are large business and that made motor vehicles available to their employees or shareholders from 2018 to 2020 but did not report the QST on the resulting benefits. The deadline is October 31, 2021. Interest and penalties apply after that date.

For more information, click Use Of Courtesy Or Demonstration Vehicles.

Suspension of Tax Deadlines

Mon, 08/16/2021 - 15:46

Some tax deadlines have been suspended from March 13, 2020, to August 31, 2021, in accordance with the Act respecting mainly the implementation of certain provisions of the Budget Speech of March 10, 2020 (S.Q. 2021, c. 15).

Due to the state of health emergency declared by the government on March 13, 2020, Revenu Québec implemented measures to ease the burden on taxpayers. It also reduced its audit and collection activities to mitigate the impact that the pandemic could have on the population.

So that Revenu Québec is not deprived of its right to act when it resumes its activities, the deadlines for issuing an assessment or a determination under a tax law and collecting a tax debt have been suspended. The deadlines for requesting additional information and for replying to a preventive or mandatory disclosure have also been suspended. This means that Revenu Québec has additional time to issue reassessments and collect tax debts.

This suspension is automatic and applies solely by virtue of the law.

The suspension of deadlines applicable to an assessment or a determination also benefits taxpayers and representatives, who can request changes to their returns after what otherwise would have been the prescribed deadline.

Harmonization With the Proposed E-Commerce Measures Announced in the Federal Budget of April 19, 2021

Fri, 06/11/2021 - 16:50

As part of the federal budget delivered on April 19, 2021, the federal Minister of Finance tabled a Notice of Ways and Means to amend the Excise Tax Act and adjust the federal proposals made on November 30, 2020, concerning the application of the goods and services tax (GST) and harmonized sales tax (HST) to e-commerce supplies.

As the Québec sales tax (QST) system is generally harmonized with the GST/HST system, the new e-commerce rules will be incorporated into the QST system, taking into account the particularities of the QST and the provincial context in which it operates.

For more information, see An Act to amend the Taxation Act, the Act respecting the Québec sales tax and other provisions.

Application date

The new measures come into effect on July 1, 2021.

Although the proposed amendments require parliamentary assent, Revenu Québec will administer them in accordance with the federal bill and Québec legislation, as per its usual practices.

Simplified QST registration

The general QST registration process is more complex than the specified registration process for suppliers outside Québec. Because of the harmonization of the QST system with the federal proposals made on November 30, 2020, some non-resident businesses and platform operators will have to register under the general QST system rather than the specified registration system.

To make it easier for suppliers subject to the new obligations to register under the general QST system, a simplified registration process will be offered. Suppliers that are registered under the general GST/HST system will not have to provide prescribed information again.

After providing their GST/HST number, suppliers will be relieved of their obligation to provide certain prescribed information already provided to the Canada Revenue Agency and will then be able to register with Revenu Québec by providing minimal information. This will simplify the process of registering under the general QST system while giving Revenu Québec the assurance that it has all the information it needs to proceed with the registration.

More details on the simplified registration process will follow shortly.

Administration and compliance

Similar to the model announced in the 2018-2019 budget speech, where the specified registration system was introduced, Revenu Québec will once again adopt a practical approach to compliance for businesses and platform operators affected by the new e-commerce provisions.

Revenu Québec will work closely with businesses and platform operators for 12 months after the new provisions come into effect to help them meet their obligations. If they demonstrate that they have taken reasonable measures but are unable to comply with their new obligations for operational reasons, Revenu Québec will provide assistance and exercise its discretion in administering the measures.

After the 12-month period, the penalties provided for in existing tax legislation will be applied to businesses and platform operators that do not comply with the new obligations.

Credit for Contributions to the Health Services Fund Extended Until August 28, 2021

Wed, 06/09/2021 - 15:17

Employers with an establishment in Québec that qualify for the Canada Emergency Wage Subsidy (CEWS) for a qualifying period can also claim the credit for contributions to the health services fund for the same period in respect of an employee who is on paid leave because of the COVID-19 pandemic.

On April 19, 2021, the CEWS (for an employee on paid leave) was extended until August 28, 2021. As a result, the credit for contributions to the health services fund has also been extended until August 28, 2021. The qualifying periods for the credit for contributions to the health services fund are the same as those for the CEWS for an employee on paid leave, with the first period beginning on March 15, 2020, and the last period ending on August 28, 2021.

For more information about the extension, see Information Bulletin 2021-4 published by the Ministère des Finances.

For information about the credit for contributions to the health services fund, see the Guide to Filing the RL-1 Summary: Summary of Source Deductions and Employer Contributions (RLZ-1.S.G-V) and the COVID-19: FAQ for Employers.

Changes to the Small Business Deduction

Wed, 04/28/2021 - 09:28
Increase in the small business deduction rate

A Canadian-controlled private corporation can, under certain conditions, benefit from a reduced tax rate for a taxation year. This measure, known as the small business deduction (SBD), applies to the first $500,000 of annual income from an eligible business that the corporation operates in Canada.

For a qualifying corporation whose taxation year ends after March 25, 2021, the maximum SBD rate for the first $500,000 of annual income increased from 7.5% to 8.3%. Consequently, a minimum tax rate of 3.2% applies to the corporation's income that entitles it to the SBD.

Option for the number of remunerated hours

To fully benefit from the SBD, a corporation has to meet an eligibility requirement with respect to the number of remunerated hours of its employees or to the proportion of activities in the primary and manufacturing sectors.

A corporation meets the eligibility requirement with respect to the number of remunerated hours and can benefit from the highest SBD rate for a taxation year if it meets either of the following conditions:

  • The remunerated hours of its employees totalled at least 5,500 hours for the taxation year.
  • The remunerated hours of its employees and those of the corporations with which it is associated totalled at least 5,500 hours for the previous taxation year.

As stated in Information Bulletin 2020-9 published by the Ministère des Finances, the calculation of the remunerated hours of a corporation's employees has been adjusted to take into account the exceptional circumstances caused by the COVID-19 pandemic. Accordingly, if all or part of a corporation's taxation year falls within the period from March 15 to June 29, 2020, that number of hours is deemed to be equal to the number of remunerated hours of the corporation's employees for the year multiplied by the ratio of 365 to the number of days in the taxation year that are not included in the period.

The adjustment, adapted as required, also applies to the calculation of the number of remunerated hours of a partnership's employees for a fiscal period. This calculation takes into account the number of days in the fiscal period that are included in the period from March 15 to June 29, 2020.

A corporation also has an additional option with respect to the number of remunerated hours of its employees for a taxation year that ends after June 30, 2020, but before July 1, 2021. To determine its eligibility for the SBD or its SBD rate for that year, the corporation can apply to the Minister of Revenue to have the number of remunerated hours of its employees for the year correspond to the number of remunerated hours used to determine its eligibility for the SBD or its SBD rate for the previous taxation year. The corporation can apply in its income tax return or in a separate request if its income tax return is already filed.

A corporation that is a member of a partnership can exercise the same option and use the number of remunerated hours of the employees of the partnership for the previous fiscal period to determine if its share of the partnership's income for a taxation year entitles it to the SBD. The corporation can exercise the option for a taxation year in which the partnership's fiscal period ends, after June 30, 2020, but before July 1, 2021.

Credit for Contributions to the Health Services Fund Extended Until June 5, 2021

Tue, 03/30/2021 - 10:18

Employers with an establishment in Québec that qualify for the Canada Emergency Wage Subsidy (CEWS) for a qualifying period can also claim the credit for contributions to the health services fund for the same period in respect of an employee who is on paid leave because of the COVID-19 pandemic.

On March 3, 2021, the CEWS was extended until June 5, 2021. As a result, the credit for contributions to the health services fund has also been extended until June 5, 2021. The qualifying periods for the credit for contributions to the health services fund are the same as those for the CEWS, with the first period beginning on March 15, 2020, and the last period ending on June 5, 2021.

For more information about the extension, see the document entitled Additional Information published by the Ministère des Finances with the 2021-2022 budget.

For information about the credit for contributions to the health services fund, see the Guide to Filing the RL-1 Summary: Summary of Source Deductions and Employer Contributions (RLZ-1.S.G-V) and the COVID-19: FAQ for Employers.

Refundable Tax Credit for Childcare Expenses: Changes for Employment Insurance or COVID-19 Assistance Recipients

Tue, 03/23/2021 - 09:27

As announced by the Ministère des Finances, individuals who incurred childcare expenses while receiving any of the following may be eligible for the tax credit for childcare expenses:

  • Employment Insurance benefits;
  • the Canada Emergency Response Benefit (CERB), the Canada Recovery Benefit (CRB), the Canada Recovery Sickness Benefit (CRSB) or the Canada Recovery Caregiving Benefit (CRCB).

For more information, see information bulletin 2021-01 on the Ministère des Finances website.

This change concerns only the 2020 and 2021 taxation years.

New Rules for Contestations in Tax Matters before the Small Claims Division of the Court of Québec

Wed, 01/20/2021 - 11:49

On January 1, 2021, new rules came into effect for contestations in tax matters before the Small Claims Division of the Court of Québec. Under them:

  • The minimums for filing a contestation are increased. For example, a contestation can be filed with the Small Claims Division to reduce, by up to $15,000 (excluding applicable interest and penalties), the amount of income tax payable shown on a notice of assessment. Prior to January 1, 2021, the minimum was $4,000.
  • Persons other than individuals can file a contestation with the Small Claims Division if they had 10 or fewer employees throughout the 12 months preceding the day on which the contestation was filed.
  • Disputes can be submitted to mediation at no additional cost if the parties consent.
  • Individuals who are unable to represent themselves because of some encumbrance can be represented for free by their spouse or by a relative, a friend or a person connected by marriage or civil union.
  • Revenu Québec has 90 days from the date the office of the Small Claims Division receives a contestation to file with the office and notify to the person a memorandum setting out the grounds of defence and the exhibits in support of [the contentions of] the defence. Revenu Québec must also specify whether it intends to submit the dispute to mediation.
  • The court can take the case management measures it sees fit at any time in the course of the proceeding.  
Contact us

Many disputes are caused by miscommunication or a lack of information. That is why we encourage you to contact us or the person named on the document you received from us so that we can discuss your file before you exercise your recourse. Most problems can be solved in writing or over the phone. If, after contacting us, you are still are not satisfied with how your file is being handled, you can exercise your recourse options, making sure to respect the legal deadlines. For more about your recourse options, see IN-106-V, Recourse for Your Tax-Related Problems.

Learn more

To find out more about contestations, see sections 22 to 34 of Bill 41 on the Publications du Québec website or our own COM-332-V, Information on Judicial Recourse.

Credit for Contributions to the Health Services Fund Extended Until March 13, 2021

Mon, 01/18/2021 - 15:06

Employers with an establishment in Québec that qualify for the Canada Emergency Wage Subsidy (CEWS) for a qualifying period can also claim the credit for contributions to the health services fund for the same period in respect of an employee who is on paid leave because of the COVID-19 pandemic.

On November 30, 2020, the CEWS was extended until March 13, 2021. As a result, the credit for contributions to the health services fund has also been extended until March 13, 2021. The qualifying periods for the credit for contributions to the health services fund are the same as those for the CEWS, with the first period beginning on March 15, 2020, and the last period ending on March 13, 2021.

For more information about the extension, see information bulletin 2020-15, published by the Ministère des Finances.

For information about the credit for contributions to the health services fund, see the Guide to Filing the RL-1 Summary: Summary of Source Deductions and Employer Contributions (RLZ-1.S.G-V) and the COVID-19: FAQ for Employers.

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