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

mer, 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

lun, 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.

Addition of Discretionary Power to Extend the Deadline to Apply for Tax Benefits for Businesses

mer, 11/04/2020 - 12:57

To receive a refundable tax credit and certain non-refundable tax credits for businesses for a given taxation year, a taxpayer must send us the prescribed form related to the tax credit by the latest of the following dates:

  • the date 12 months after the income tax return filing deadline for the taxation year;
  • the date three months after the issue date of any certificate required to claim the tax credit for the taxation year.

Similarly, if a taxpayer wants to deduct an expenditure incurred for scientific research and experimental development for a given taxation year, the taxpayer must file form RD-222-V, Deduction Respecting Scientific Research and Experimental Development Expenditures, no later than 12 months after the income tax return filing deadline for the taxation year.

Discretionary power has been granted to the Minister of Revenue to extend the deadline for taxpayers to file the prescribed form. The Minister will exercise this power, under exceptional circumstances and when there are reasonable grounds to do so.

Usual filing deadline ending after March 16, 2019

If the usual deadline ends after:

  • March 16, 2020, the extended filing deadline is 12 months after the usual deadline;
  • March 16, 2019, but before March 17, 2020, the extended deadline is November 30, 2020.

To take advantage of the extension, taxpayers must send us the following documents by the deadline:

  • a written request setting out the facts and reasons why the taxpayer could not meet the usual filing deadline, such as an exceptional situation (see note below);
  • the prescribed form;
  • any document from an organization that is needed to apply for the tax credit.

The documents must be mailed to the following address:

Direction principale de la vérification des activités centralisées
Revenu Québec
Complexe Desjardins, secteur D166DP
C. P. 3000, succursale Place-Desjardins
Montréal (Québec)  H5B 1A4

They can also be faxed to 514 285-3859.

The Minister's decision on whether to extend the usual filing deadline cannot be objected to or appealed. However, if the taxpayer is dissatisfied with the decision, the taxpayer can request a review by sending us a letter setting out why the taxpayer believes the decision is unfair or ill-founded. The letter must be sent to the address above.

NoteDue to the COVID-19 pandemic, which is an exceptional situation covered by the Minister's new discretionary power, a relief measure has been put in place if the usual deadline to file the prescribed form ends after March 16, 2020, but before December 31, 2020. In this case, the taxpayer is not required to send us the written request mentioned above if it sends the other two documents by December 31, 2020. Usual filing deadline ending before March 17, 2019

The Minister could also grant the taxpayer an additional extension ending on November 30, 2020, to file the prescribed form if the usual deadline ends before March 17, 2019, and certain conditions are met.

Additional information

For more information, see information bulletin 2020-8 on the Ministère des Finances website and the “Other measures” section on the Relief Measures for Individuals and Businesses page.

New Extension of the Credit for Contributions to the Health Services Fund

mer, 08/19/2020 - 15:45

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.

The CEWS was initially granted for a 12-week period (March 15 to June 6, 2020). On May 15, 2020, it was extended until August 29, 2020. The credit for contributions to the health services fund was also extended through August 29, 2020.

On July 17, 2020, the CEWS was extended again, this time until November 21, 2020. As a result, the credit for contributions to the health services fund has also been extended until November 21, 2020. The qualifying periods for the credit for contributions to the health services fund are the same as those for the CEWS.

For more information about the extension, see information bulletin 2020-11, published by the Ministère des Finances.

For information about the credit for contributions to the health services fund, click Credit for Contributions to the Health Services Fund in Respect of Employees on Paid Leave Due to the COVID-19 Pandemic or consult the FAQ for businesses.

Adjustment to the Calculation of Employee Remunerated Hours: Small Business Deduction

mer, 07/15/2020 - 13:30

A Canadian-controlled private corporation can, under certain conditions, benefit from a reduced income tax rate for its taxation year. This measure is called the “small business deduction” (SBD) and applies to the first income bracket of an eligible business operated by the corporation in Canada.

A corporation may not be entitled to the SBD or may be required to use a reduced rate in the calculation of the SBD if it does not meet certain eligibility requirements with respect to the number of remunerated hours of its employees and the proportion of activities in the primary and manufacturing sectors.

A corporation can use the highest rate to calculate the SBD for a taxation year if it meets one of the following two conditions:

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

However, given the exceptional COVID-19 health crisis, the calculation of the remunerated hours of a corporation's employees has been adjusted. Therefore, if all or part of the corporation's taxation year is included in the period from March 15 to June 29, 2020, the number of hours for the taxation year is deemed to be equal to the result of the following calculation: the number of remunerated hours of the corporation's employees for the taxation 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 does not apply to the number of remunerated hours calculated for the preceding taxation year. The adjustment also applies to partnerships.

Changes in the Tax Credit for Childcare Expenses in Respect of Expenses Incurred to Take Distance Courses

ven, 07/10/2020 - 10:17

As announced by the Ministère des Finances, our interpretation of the expression “to attend a qualified educational institution” has changed for purposes of the tax credit for childcare expenses.

Courses offered by a qualified educational institution can now be taken at a distance without the need for physical presence or virtual presence at a fixed or interactive time with the professor or the class. However, virtual presence will remain mandatory for courses offered by a secondary school if physical presence is not required.

The change applies retroactively to January 1, 2020.

End of the Extension for GST/HST and QST Remittances

mar, 06/30/2020 - 17:15

On March 27, 2020, the federal government and the Québec government announced that businesses had until the end of June to remit the amounts owing on their GST/HST and QST returns. This extension is ending on June 30, 2020, as planned.

We encourage businesses and self-employed people to use our online services to avoid postal delays.

If you continue to experience difficulty in remitting GST/HST and QST amounts owing, contact us to enter into a payment agreement or to apply to have your penalties and interest cancelled.

For more information see the following pages:

Extension of the Credit for Contributions to the Health Services Fund Announced in the Tax News Article of April 30, 2020

mar, 06/02/2020 - 16:12

Employers that have an establishment in Québec and 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.

The CEWS was initially granted for a 12-week period (March 15 to June 6, 2020). However, the federal Minister of Finance announced on May 15, 2020, that it would be extended for another 12 weeks until August 29, 2020. Therefore, the period covered by the credit for contributions to the health services fund has also been extended through August 29, 2020.

For more information, see information bulletin 2020-8 on the Ministère des Finances website.

Return Filing Deadline Extended for Some Corporations and Trusts

lun, 05/25/2020 - 11:59
Corporations

Revenu Québec is extending the income tax return filing deadline for certain corporations to September 1, 2020.

This new relief measure is for corporations that would have otherwise been required to file their income tax return between June 1 and August 31, 2020 (corporations whose taxation year ended between November 29, 2019, and February 29, 2020).

In March 2020, Revenu Québec announced that corporations normally required to file their income tax return between March 17 and May 31, 2020, would have until June 1, 2020, to do so. The payment deadline for instalment payments and any income tax balance owing that would otherwise be due between March 17 and August 31, 2020, was extended to September 1, 2020, for both individuals and corporations.

The main deadlines for corporations given the exceptional situation caused by COVID-19 are set out in the table below.

Taxation year end date Income tax payment deadline Extended payment deadline Filing deadline Extended filing deadline Between September 17 and November 29, 2019 Between November 17, 2019, and January 31, 2020 N/A Between March 17 and May 31, 2020 June 1,  2020 Between November 30 and December 30, 2019 Between February 1 and 28, 2020 N/A Between June 1 and 30, 2020 September 1, 2020 December 31, 2019 February 29, 2020 N/A June 30, 2020 September 1, 2020 Between January 1 and 16, 2020 Between March 1 and 16, 2020 N/A Between July 1 and 16, 2020 September 1, 2020 Between January 17 and February 29, 2020 Between March 17 and April 30, 2020 September 1, 2020 Between July 17 and August 31, 2020 September 1, 2020 Between March 1 and June 30, 2020 Between May 1 and August 31,  2020 September 1, 2020 Between September 1 and December 31, 2020 N/A Trusts

Revenu Québec is extending the information return and income tax return filing deadlines for certain trusts to September 1, 2020.

This new relief measure is for trusts that would have otherwise been required to file their information return or income tax return between June 1 and August 31, 2020 (trusts whose taxation year ended between March 2 and May 31, 2020).

In March 2020, Revenu Québec announced that trusts normally required to file their information return or income tax return between March 31 and May 31, 2020, would have until June 1, 2020, to do so.

The filing deadlines for trusts given the exceptional situation caused by COVID-19 are set out in the table below.

Taxation year end date Filing deadline Extended filing deadline December 31, 2019 March 30, 2020 May 1, 2020 Between January 1 and March 1, 2020 Between March 31 and May 31, 2020 June 1, 2020 Between March 2 and May 31, 2020  Between June 1 and August 31, 2020 September 1, 2020 Between June 1 and December 31, 2020 Between September 1, 2020, and March 31, 2021 N/A

Credit for Contributions to the Health Services Fund in Respect of Employees on Paid Leave Due to the COVID-19 Pandemic

jeu, 04/30/2020 - 17:10

Employers that are eligible for the Canada Emergency Wage Subsidy and that have an establishment in Québec can apply for a credit for contributions to the health services fund in respect of employees on paid leave due to the COVID-19 pandemic for a period of twelve weeks, retroactive to March 15, 2020.

The amount of the credit for contributions to the health services fund will be equal to the total amount of the contribution to the health services fund paid by an employer on the salary and wages paid to employees on paid leave during a week included in the period that starts on March 15, 2020, and ends on June 6, 2020.

Employees who do not do any work during a given week but are still remunerated by their employer are considered to be on paid leave during that week.

Application for the credit for contributions to the health services fund

The application for the credit for contributions to the health services fund must be filed with Revenu Québec at the same time as the Summary of Source Deductions and Employer Contributions (RLZ-1.S-V or RLZ-1.ST-V) for 2020.

The application must be accompanied by documents and information that will help Revenu Québec determine the amount of the credit for contributions to the health services fund to which the employer is entitled.

Reduction of periodic payments of the contribution to the health services fund

Employers can reduce the amount of the periodic payment of the contribution to the health services fund they are required to remit to Revenu Québec after April 30, 2020, by the amount of the credit for contributions to the health services fund related to the salary or wages paid to employees on paid leave before the deadline for making the periodic payment, as long as that amount was not used to reduce another periodic payment.

Reduction of the contribution to the health services fund for the creation of specialized jobs

Employers that are eligible, for 2020, for both the credit for contributions to the health services fund and the reduction of the contribution to the health services fund for the creation of specialized jobs will have to deduct the portion of an employee's salary or wages used to calculate the credit for contributions to health services fund from the eligible salary or wages used to calculate the reduction of the contribution to the health services fund for the creation of specialized jobs.

For more information, see information bulletin 2020-7 published on the website of the Ministère des Finances.

Relaxed Rules for the Tax Credit for Investment

ven, 02/28/2020 - 09:39

Information bulletin 2018-7 announced two temporary improvements to the tax credit for investment. 

Under the first, the base rate of the tax credit was increased to 5% regardless of the zone or region where qualified property could be used. The rates of increase were also increased so that the tax credit rate ranges from 10% to 40%, depending on the zone or region where the qualified property is primarily used. 

Under the second change, corporations in the metal processing sector are entitled to an additional tax credit rate increase of 5% or 10%, depending on the zone or region where the qualified property is used, subject to certain conditions.

Originally, the expenses covered by the new measures had to have been incurred for the acquisition, after August 15, 2018, and before January 1, 2020, of property other than:

  • property acquired under a written obligation entered into before August 16, 2018;
  • property whose construction by or for the taxpayer was under way on August 15, 2018.

The expenses also had to be incurred after August 15, 2018, and before January 1, 2020.

The legislation will be amended such that these measures also apply in respect of eligible expenses incurred after August 15, 2018, and before January 1, 2020, for the acquisition, after December 31, 2019, and before January 1, 2021, of qualified property that meets one of the following conditions: 

  • the property is acquired in accordance with a written obligation entered into after August 15, 2018, and before January 1, 2020; or 
  • the construction of the property by or for the corporation began after August 15, 2018, and before January 1, 2020. 

The other terms and conditions of the tax credit announced in information bulletin 2018-7 remain unchanged.

Amateur Athlete Trusts – Extension of the Eight-Year Period

jeu, 02/27/2020 - 10:01

Under certain conditions, an amateur athlete trust can be created for an amateur athlete who is a member of a registered Canadian amateur athletic association and is eligible to compete in international sporting events as a Canadian national team member. Professional athletes do not qualify.

When an athlete has not participated in an international sporting event as a member of a Canadian national team for eight years, amounts held by the amateur athlete trust at the end of the eight-year period are deemed to have been distributed to the athlete at that time. If the eight-year period ended in 2019, it is extended to nine years so that it will end in 2020, and the deemed distribution of amounts held by the trust will occur at the end of the 2020 taxation year rather than at the end of the 2019 taxation year.

For more information, refer to Information Bulletin 2020-2 published by the Ministère des Finances.

Limits and Rates Related to the Use of an Automobile for 2020

lun, 02/03/2020 - 15:43

The limits and rates for the deduction of automobile expenses and the calculation of the taxable benefits related to the use of an automobile for 2020 are as follows:

  • For purposes of capital cost allowance (CCA), the maximum capital cost of passenger vehicles remains unchanged at $30,000 (plus GST and QST) for vehicles purchased after 2019. 
  • The limit on the deduction of leasing costs remains unchanged at $800 per month (plus GST and QST) for leases entered into after 2019. Under a separate restriction, deductible leasing costs are prorated where the value of the passenger vehicle exceeds the maximum capital cost. 
  • The limit on the deduction of tax-exempt allowances paid by employers to employees using their personal vehicle for business purposes increased to 59 cents per kilometre for the first 5,000 kilometres and 53 cents for each additional kilometre. 
  • The limit on the deduction of interest paid on amounts borrowed to purchase a passenger vehicle remains unchanged at $300 per month for loans related to vehicles acquired after 2019. 
  • The prescribed rate used to determine the taxable benefit respecting the portion of operating expenses which relates to an employee's personal use of an automobile provided by the employer remains 28 cents per kilometre. For taxpayers employed principally in selling or leasing automobiles, the prescribed rate remains 25 cents per kilometre.

Temporary Changes to the Tax Credit to Support Print Media Companies

lun, 12/23/2019 - 11:10

Under certain conditions, an eligible corporation with a qualification certificate from Investissement Québec for purposes of the tax credit to support print media companies can claim the credit for qualified wages paid to eligible employees after December 31, 2018.

For a given taxation year, an eligible corporation can also claim the tax credit for part of the consideration paid to an eligible subsidiary for work done during a period included in the corporation's taxation year, which began after December 31, 2018, and ended before January 1, 2020. Specifically, it can claim the credit for the portion of the consideration that can reasonably be attributed to wages the subsidiary incurred and paid in respect of eligible employees for whom Investissement Québec issued the corporation a qualification certificate. The work must be related to information technology activities related to the production or dissemination of original written information content intended for dissemination in an eligible media of the eligible corporation.

The wages incurred and paid by the subsidiary in respect of an eligible employee cannot exceed the result of the following calculation: $75,000 multiplied by the number of days in the eligible corporation's taxation year after December 31, 2018, but before January 1, 2020, that the employee is considered an eligible employee, divided by 365. The tax credit rate is still 35%.

A corporation can also claim the credit as a member of a partnership.

For more information, see information bulletin 2019-11 published by the Ministère des Finances.

Extension of the Tax Credit for Interest on a Loan Granted by a Seller-Lender and Guaranteed by La Financière agricole du Québec

lun, 12/23/2019 - 09:20

The Ministère des Finances has announced that the tax credit for interest on a loan granted by a seller-lender and guaranteed by La Financière agricole du Québec will be extended for five years.

An eligible taxpayer may be entitled to the tax credit if it was granted a loan further to an agreement entered into after December 2, 2014, but before January 1, 2025.

The tax credit is equal to 40% of the interest paid on the loan that is attributable to the portion of the eligibility period included in the taxpayer's taxation year.

The eligibility period begins on either January 1, 2015, or the day on which the loan agreement was entered into, whichever is later. The end date of the period is 10 years after the day on which the loan agreement was entered into.

A taxpayer that is a member of a partnership can also claim the tax credit.

For more information, see information bulletin 2019-11 published by the Ministère des Finances.

Extension of the Tax Credit Relating to Information Technology Integration

lun, 12/23/2019 - 09:19

The Ministère des Finances has announced that the tax credit relating to information technology integration will be extended for another year.

The rate of the tax credit is 20%. It is calculated on 80% of expenditures relating to the supply of a qualified management software package and to an information technology (IT) integration contract for which Investissement Québec has issued a certificate. The rate is reduced linearly if the qualified corporation's paid-up capital is between $35 million and $50 million. It is 0% if the corporation's paid-up capital is $50 million or more.

For the duration of the tax credit, the total amount that a qualified corporation can receive regarding one or more eligible IT integration contracts is limited to $50,000.

For a qualified corporation to claim the tax credit, expenditures relating to the supply of a qualified management software package must be incurred before January 1, 2020, and an application for a certificate regarding an eligible IT integration contract must be submitted to Investissement Québec prior to that date.

A corporation that is a member of a partnership can also claim the tax credit.

For more information, see information bulletin 2019-11 published by the Ministère des Finances.

Limits and Rates Related to the QPIP for 2020

jeu, 12/05/2019 - 09:14

The Québec parental insurance plan (QPIP) maximums, threshold and rates for 2020 are as follows:

  • The maximum insurable earnings have been increased from $76,500 to $78,500.
  • The qualifying threshold remains $2,000.
  • The employee premium rate has been decreased from 0.526% to 0.494%.
  • The employer premium rate has been decreased from 0.736% to 0.692%.
  • The maximum employee premium has been decreased from $402.39 to $387.79.
  • The maximum employer premium has been decreased from $563.04 per employee to $543.22.
  • The premium rate for self-employed persons and persons responsible for a family-type resource or an intermediate resource has been decreased from 0.934% to 0.878%.
  • The maximum premium for a self-employed person or a person responsible for a family-type resource or an intermediate resource has been decreased from $714.51 to $689.23.

QPP Maximums, Exemption and Contribution Rates for 2020

mar, 12/03/2019 - 13:46

The table below shows the QPP maximums, exemption and contribution rates for 2019 and 2020.

2019 2020 Maximum pensionable earnings $57,400 $58,700 Basic exemption $3,500 $3,500 Maximum contributory earnings $53,900 $55,200 Employee and employer 2019 2020 Base contribution rate 5.40% 5.40% First additional contribution rate 0.15% 0.30% Contribution rate for the year 5.55% 5.70% Maximum base contribution $2,910.60 $2,980.80 Maximum first additional contribution $80.85 $165.60 Maximum annual contribution $2,991.45 $3,146.40 Self-employed person and person responsible for a family-type resource or an intermediate resource 2019 2020 Base contribution rate 10.80% 10.80% First additional contribution rate 0.30% 0.60% Contribution rate for the year 11.10% 11.40% Maximum base contribution $5,821.20 $5,961.60 Maximum first additional contribution $161.70 $331.20 Maximum annual contribution $5,982.90 $6,292.80

Extension of the Tax Credit to Support the Digital Transformation of Print Media Companies

mar, 11/19/2019 - 15:47

As announced in information bulletin 2019-9, the Ministère des Finances has extended the tax credit to support the digital transformation of print media companies for one year. 

The tax credit is intended mainly for eligible corporations that hold a qualification certificate issued by Investissement Québec for a taxation year. The qualification certificate must certify that the corporation produced and disseminated a print or digital information media including original written information content in that taxation year.

The tax credit is equal to 35% of the eligible digital conversion costs that the corporation incurred for the taxation year. The costs cannot exceed $20 million for the year. 

The eligible digital conversation costs must be incurred after March 27, 2018, but before January 1, 2024, except if they concern qualified property acquired under an eligible digital conversion contract. In this case, the qualified property must be acquired before January 1, 2023.

Introduction of a Tax Credit to Support Print Media Companies

mar, 11/19/2019 - 14:56

An eligible corporation that holds a qualification certificate issued by Investissement Québec for a taxation year can claim the tax credit to support print media companies if it meets certain conditions. The qualification certificate must certify that, in that taxation year, the corporation produced and disseminated a print media with original written information content, such as a print publication, an information website or a mobile application dedicated to information. 

The tax credit is equal to 35% of the qualified wages the corporation incurred in the taxation year after December 31, 2018, for all eligible employees. However, an employee's annual qualified wages cannot exceed $75,000.  

A corporation that is a member of an eligible partnership can claim the tax credit for its share of the qualified wages incurred by the partnership for its fiscal period ended in the corporation's taxation year.

For more information, see information bulletin 2019-9 published by the Ministère des Finances.

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