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Tax Tips and Traps

YEAR-END TAX PLANNING

December 31, 2025 is fast approaching… see below for a list of tax planning considerations. Please contact us for further details or to discuss whether these may apply to your tax situation.

  • In 2024, the government proposed to increase the taxable portion of capital gains from 50% to two-thirds. However, the proposal did not proceed. As a result, the existing rule remains in place: only 50% of capital gains are taxable.
  • A senior whose 2025 net income exceeds $93,454 will lose some or all of their old age security Seniors will also begin to lose their age credit if their net income exceeds $45,522. Consider limiting income over these amounts, if possible. Alternatively, deferring receipt of old age security amounts (for up to 60 months) may be beneficial if it would otherwise be eroded due to high income levels.
  • Canada pension plan (CPP) receipts may be split between spouses aged 65 or over (application to CRA is required). Also, it may be advantageous to apply for CPP early (age 60-65) or late (age 65-70).
  • Consider triggering capital losses at year-end to offset capital gains. Net capital losses that cannot be used in the current year can be carried back three years or forward indefinitely.
  • Looking to sell your business? Several tax-efficient options These include the ability to shelter up to $1.25 million in capital gains under the lifetime capital gains exemption (indexed starting in 2026), updated and broadened intergenerational transfer rules for sales to children, a deferral of capital gains when proceeds are reinvested in a new business, and the use of employee ownership trusts for sales to employees. Effective dates for these incentives vary.
  • Consider restructuring your investment portfolio to convert non-deductible interest into deductible interest. It may also be possible to convert personal interest expense, such as interest on a house mortgage or personal vehicle, into deductible interest.
  • If you have equity investments or loans to a Canadian small business that has become insolvent or bankrupt, an allowable business investment loss (ABIL) may be available. For loans to corporations to be eligible, the borrower must act at arm’s length. ABILs can offset income beyond capital gains, such as interest, business or employment income.
  • If a commercial debt you owe (generally a business loan) has been forgiven, special rules apply that may result in additional taxes or other adjustments to the tax return.
  • Certain expenditures made by individuals by December 31, 2025 will be eligible for tax deductions or credits, including digital news subscriptions, moving expenses, multigenerational home renovation expenditures, childcare expenses, charitable donations, political contributions, registered journalism organization contributions, medical expenses, alimony, eligible employment expenses, union, professional or like dues, carrying charges and interest expense. Ensure you keep all receipts related to these expenses.
  • If you own a business or rental property, consider making any necessary capital asset purchase by the end of the year. As long as the asset has been received and is available for use by year-end, a full year of depreciation may be claimed. There are also several assets that may be eligible for enhanced depreciation.
  • Expenses incurred to earn short-term rental income are not deductible for tax purposes when the rental operation is not compliant with the applicable provincial or municipal licensing, permitting or registration requirements. If the operation is compliant for only a portion of the rental period, deductions will generally be denied on a pro-rata basis.
  • You have until March 2, 2026, to make tax-deductible registered retirement savings plan (RRSP) contributions for the 2025 year. Consider having the higher-income earner contribute to their spouse’s RRSP via a spousal RRSP for greater tax savings.
  • Individuals should consider contributing to their tax-free savings account (TFSA). An additional $7,000 may be contributed starting on January 1, 2026. Consider a catch-up contribution if you have not contributed the maximum amount for prior years.
  • Consider using the home buyers’ plan (HBP) to withdraw up to $60,000 from your RRSP to fund the purchase of your first home. Taxpayers must repay the amounts withdrawn under the HBP over a 15-year period. For withdrawals between January 1, 2022 and December 31, 2025, the 15-year period has been temporarily deferred, such that it now starts with the fifth year following the year the first withdrawal was made.
  • Consider contributing to a tax-free first home savings account (FHSA). Eligible contributions are deductible, and withdrawals to purchase a first home are not taxable. Up to $8,000 can be contributed annually to a maximum lifetime limit of $40,000. Contributions made in 2025 and unused contributions from 2024 can be deducted against 2025 income.
  • NEW! If buying a first home on or after March 20, 2025 valued at less than $1.5 million, you may be eligible for a GST rebate (or rebate of the federal portion of the HST). The law permitting this rebate has not yet passed. Applications for the rebate may be made if and when it receives Royal Assent.
  • A Canada education savings grant for registered education savings plan (RESP) contributions equal to 20% of annual contributions for children (maximum $500 per child per year) is available. In addition, lower-income families may be eligible for the Canada learning bond.
  • A registered disability savings plan (RDSP) may be established for a person under 60 eligible for the disability tax credit. Non-deductible contributions to a lifetime maximum of $200,000 are permitted. Grants, bonds and investment income earned in the plan are included in the beneficiary’s income when paid out of the RDSP.
  • NEW! If eligible for the disability tax credit, consider applying for the income-sensitive Canada disability benefit, which provides up to $2,400/year in support to individuals aged 18 to 64. The first payments for this benefit commenced in July 2025.
  • Are you a S. resident, citizen or green card holder? Consider U.S. filing obligations concerning income and financial asset holdings. Filing obligations may also apply if you were born in the U.S.

Information exchange agreements have increased the flow of information between CRA and the IRS. Collection agreements enable CRA to collect amounts on behalf of the IRS.

  • If income, forms or elections have been missed in the past, a voluntary disclosure to CRA may be available. The program was recently updated to provide relief from some or all interest and penalties, although the tax itself must still be paid.

2025 REMUNERATION

Higher personal income is taxed at higher rates, while lower income is taxed at lower rates. Therefore, individuals may want to, where possible, shift income from high-income years to low-income years. This is particularly useful if the taxpayer is expecting a large fluctuation in income due to, for example, an impending:

  • maternity/paternity leave;
  • large bonus/dividend; or
  • sale of a company or investment assets.

In addition to increases in marginal tax rates, individuals should consider other costs of additional income. For example, an individual with a child may receive reduced Canada child benefit (CCB) payments. Likewise, excessive personal income may reduce the receipt of OAS, GIS, GST/HST credit and other provincial/ territorial programs.

There are various ways to smooth income over several years to ensure an individual is maximizing access to the lowest marginal tax rates. They include:

  • taking more or less earnings out of the corporation (in respect of owner-managed companies);
  • realizing capital gains/losses by selling investments;
  • deciding whether to claim RRSP contributions made in the current year or carry forward the contributions;
  • withdrawing funds from an RRSP to increase income (however, care should be given to the loss in the RRSP room based on the withdrawal); and
  • deciding whether to claim CCA on assets used to earn rental/business income.

Note that dividends paid to shareholders of a corporation that do not meaningfully contribute to the business may result in higher taxes due to the “tax on split income” rules.

Year-end planning considerations not specifically related to changes in income levels and marginal tax rates include:

1) Corporate earnings in excess of personal requirements could be left in the corporation to obtain a tax deferral (the personal tax is paid when cash is withdrawn from the company).

The effect on the qualified small business corporation status should be reviewed before selling the shares where large amounts of capital have accumulated.

2) Access to the corporate federal small business deduction is reduced where more than $50,000 of passive income is earned in the corporation. Consider whether it is appropriate to remove passive income-generating assets from the corporation and whether a shift in the types of passive assets held is appropriate. In some provinces, it may actually be beneficial to have access to the federal small business deduction reduced. As many variables affect these decisions, consultation with a professional advisor is suggested.

3)    If dividends are paid out of a struggling business with a tax debt that cannot be paid, the recipient could be held liable for a portion of the corporation’s tax debt up to the value of the dividend.

4)    Individuals who wish to contribute to the CPP or an RRSP may require a salary to generate earned income. RRSP contribution room increases by 18% of the previous year’s earned income, up to a yearly prescribed maximum ($32,490 for 2025).

5)    Consider paying taxable dividends to obtain a refund from the refundable dividend tax on hand account in the corporation. The refund amount may be restricted if eligible dividends are paid. Eligible dividends are subject to lower personal tax rates.

6)    If you provide services to a small number of clients through a corporation (that would otherwise be considered your employer), CRA could classify the business as a personal services business. There are significant negative tax implications of such a classification. In Budget 2025, the federal government indicated that an enforcement project on these situations, starting with the trucking industry, would be commenced. Consider discussing risk and exposure minimization strategies (such as paying a salary to the incorporated worker) with a professional advisor in such scenarios.

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Tax Tidbits – Voluntary Disclosures: Changes to the Program

The voluntary disclosures program (VDP) provides taxpayers with a chance to correct past tax errors or omissions before CRA finds them. If CRA accepts a disclosure, taxpayers may receive some penalty and interest relief and will not be referred for criminal prosecution. Any taxes owing will still have to be paid by the taxpayer in full.

The VDP has been significantly changed, effective for disclosures submitted on or after October 1, 2025.

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Tax Tidbits – Liberal Election Platform: Potential Tax-Related Changes

Some quick points to consider…

  • The government has proposed to reduce the tax rate on the lowest bracket to 14% (from 15%) effective July 1, 2025, resulting in reduced tax for many individuals. This change would be implemented as a 14.5% rate for 2025 and 14% for 2026 onwards. However, the rate for personal tax credits would likewise be reduced, resulting in lower tax credits. Employers were expected to implement this change on a best effort basis for the first pay of July 2025.
  • Applications for the new Canada disability benefit are now open and can be made through an electronic application portal, by phone or in person at a Service Canada centre. This is an income-tested benefit intended for working-age people who are approved for the disability tax credit.
  • CRA launched a new self-evaluation and learning tool link (SELT) to help taxpayers assess eligibility for penalties and interest relief due to financial hardship, circumstances beyond the taxpayer’s control, actions of CRA or other reasons.
  • The government has reiterated that the Canada carbon rebate for small businesses should be tax-free, retroactive to the start of the program (available in AB, SK, MB, ON, NB, NS, PEI and NL). Draft legislation has been released. Once it receives Royal Assent, CRA will be authorized to process amended T2 corporation income tax returns for businesses that previously included the rebate in their taxable income.
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Tax Tidbits

Some quick points to consider…

  • CRA has been significantly delayed in posting several tax slips to its online portal this year. Adjustments to filed personal tax returns may be needed to report income that was missed.
  • Individuals reporting capital gains have until June 2, 2025 to file their income tax returns and make associated payments without being subject to penalties or interest.
  • An individual may claim a charitable donation tax credit for their spouse or common-law partner’s gift made within the past five years, even if the donation predates their spousal relationship.
  • A parking space may be a component of a condominium unit for principal residence exemption purposes, even if it was purchased separately from the unit.
  • On April 1, 2025, the HST rate in Nova Scotia dropped to 14% (from 15%). Ensure to update the HST charged for sales in or to this jurisdiction.
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YEAR-END TAX PLANNING

December 31, 2024 is fast approaching… see below for a list of tax planning considerations. Please contact us for further details or to discuss whether these may apply to your tax situation.

1) NEW! As of June 25, 2024, 2/3s of capital gains in excess of $250,000 per year are proposed to be taxable. Capital gains of $250,000 or less will effectively continue to be included at a 50% rate due to a new deduction.

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Tax Tidbits

Tax Tidbits

Some quick points to consider…

  • All GST/HST returns (except for those of charities and selected financial institutions) must now be filed electronically using methods such as NETFILE, internet file transfer through a third-party accounting software, CRA’s My Business Account, electronic data interchange (EDI) through a financial institution or TELEFILE through a toll-free phone number. Registrants who paper file improperly will be charged a penalty.
  • Starting in 2024, digital platform operators (such as Airbnb and Etsy) are required to provide information to CRA on the sellers who use their platform, including the seller’s identification and details of their financial transactions.
  • Over 2.1 million people have registered for the Canadian Dental Care Plan (CDCP). Almost 12,000 oral health providers have formally registered to provide services to patients under the plan. Providers can now provide services without formally registering, provided they bill Sun Life directly for eligible services.
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Tax Tidbits

Some quick points to consider…

  • All eligible Canadian resident seniors (over age 65), children under 18 and individuals eligible for the disability tax credit can now apply for the Canadian Dental Care Plan. Other eligible individuals will be invited to participate in 2025. To qualify, the applicant must not have access to dental insurance and the applicant’s family income must be below $90,000.
  • In July 2024, CRA began issuing legal warnings and taking legal measures to collect outstanding personal COVID-19 benefit program debts. Individuals who have not responded or cooperated are being contacted if CRA has determined that they have the financial capacity to pay the outstanding amount. CRA encouraged individuals who cannot pay the full amount immediately to contact them and develop a payment arrangement.
  • While the increase to the capital gains inclusion rate from 50% to 2/3 for corporations and most trusts and from 50% to 2/3 on the portion of capital gains realized in the year that exceeds $250,000 for individuals has not been enacted into law, the government has confirmed that the change would be effective June 25, 2024.
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Capital Gains Inclusion Rate: Proposed Increase

The 2024 Federal Budget proposed to increase the capital gains inclusion rate from 50% to 2/3 of the actual gain, effective for capital gains realized on or after June 25, 2024, for all taxpayers (including corporations and trusts) other than individuals. Individuals would be able to continue to access the 50% rate on the first $250,000 of capital gains (net of gains offset by capital losses, the lifetime capital gains exemption, and the proposed employee ownership trust exemption and Canadian entrepreneurs’ incentive) realized annually. An individual’s capital gains over the annual $250,000 limit, and all capital gains of corporations and trusts would be included at the 2/3 rate. Full details of the proposal have not yet been released (as of May 13, 2024).

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Personal Measures

A. Personal Measures

Capital Gains Inclusion Rate

Currently, one half of capital gains are included in a taxpayer’s income. Budget 2024 proposed to increase this inclusion rate to two thirds of the actual gain, effective for capital gains realized on or after June 25, 2024. Similarly, the deduction available for some employee stock option benefits will be reduced from one half to one third of the benefit. This adjustment to the inclusion rate will also apply to capital losses applied to offset capital gains.

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2024 Personal Income Tax Return Checklist

A. Information – All Clients Must Provide

Please check all boxes that apply and provide supporting information.

  1. All information slips, such as: T3, T4, T4A, T4A(OAS), T4A(P), T4E, T4PS, T4RIF, T4RSP, T5, T10, T2200, T2202, T101, T1163, T1164, TL11A, B, C and D, T5003, T5007, T5008, T5013, T5018 (subcontractors) and corresponding provincial slips.
  2. Details of income or receipts for which no T-slips have been received, such as:
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