Running a Partnership Business in Canada When setting up a business, there are three main structures that can be used. These include a business partnership, sole proprietorship, and a corporation. A partnership involves a relationship or association between two or more individuals, corporations, trusts, or partnerships that have joined together to carry on business or trade. The partners contribute money, labour, property, skills, or other assets and resources to the partnership. They are then entitled to share business profits or losses. These are divided based on the partnership agreement. While corporations require registration and more processing, sole proprietorships and partnerships are much simpler to form. Most partnerships have a written agreement that sets out rules for partners to enter or leave it, how to divide the income, and other relevant topics. Paying Taxes as a Business Partnership Partnerships do not pay income tax on operating results or file an annual income tax return. Instead, each partner files their own personal, corporate, or trust income tax return in which they include a share of the partnership income or loss. Even if the share of income was received in cash or as a credit to the partnership’s capital accounts, it still needs to be reported. Depending on their situation, a different form applies and needs to be filed. Here is a list of the forms for different business partnership activities: Form Number Form Name Form T2125 Statement of Business or Professional Activities Form T2042 Statement of Farming Activities Form T2121 Statement of Fishing Activities Form T1163 Statement A – AgriStability and AgriInvest Programs Information and Statement of Farming Activities for Individuals Form T1164 Statement B – AgriStability and AgriInvest Programs Information and Statement of Farming Activities for Additional Farming Operations Form T1273 Statement A – Harmonized AgriStability and AgriInvest Programs Information and Statement of Farming Activities for Individuals Form T1274 Statement B – Harmonized AgriStability and AgriInvest Programs Information and Statement of Farming Activities for Additional Farming Operations Form T5013 Statement of Partnership Income Business Partnerships that Need to File the T5013 Form The T5013 form is only filed for a partnership that carries on business in Canada, or a Canadian partnership with Canadian or foreign operations or investments. It has to be done for each fiscal period in the following situations: The Two Types of a Business Partnership Limited Partnerships Limited partnerships in business have only one general partner. The general partner has unlimited liability, while every other partner has limited liability. Those with limited liability often have limited control over the company. This would be documented in the partnership agreement. Profits are dealt with through personal tax returns, while the general partner also needs to pay self-employment taxes. If you or someone you know is in the process of setting up a partnership, get in touch with a CPA. They can give you the right advice to make sure your business decisions are financially sound. Get in touch with our CPA by clicking here. Limited Liability Partnerships A limited liability business partnership is very similar to a limited partnership, but gives limited liability to every owner. The LLP gives protection to each partner from debts against the partnership. Additionally, they aren’t liable for the actions of other partners.
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Filing an annual corporate tax return is mandatory for all Canadian resident corporations. The corporation income tax or T2 return is required even if there is no tax payable. It even applies to non-profit organizations, tax-exempt corporations, and inactive corporations. Some exemptions include tax-exempt crown corporations, Hutterite colonies and registered charities. Most corporations are now able to file corporate income tax returns electronically via the CRA’s online services. This is mandatory for certain corporations that have annual gross revenues over $1 million. For tax years starting after 2023, most corporations will also have to file this way. Non-Resident Corporate Tax Returns Non-resident corporations may also have to file corporate income tax returns in Canada. This is necessary if any of the following situations are applicable: When to File a Corporate Income Tax Return The corporate tax return needs to be filed within six months after the end of each tax year. The tax year is the corporation’s fiscal period. If the tax year ends on the last day of a month, the return needs to be filed by the last day of the sixth month at the end of the tax year. Otherwise, it must be filed on the same day of the sixth month after the end of the tax year. If the filing date is on a Saturday, Sunday, or CRA recognized public holiday, it is due on or before the next business day. As long as the CRA receives it or it is postmarked on or before the next business day, it is considered on time. Late or Failure to File Corporate Tax Penalties Filing your corporate income tax return late results in financial penalties. The penalty is 5% of the unpaid tax due on the deadline plus 1% of the unpaid tax for each complete month it is late. There is a maximum of 12 months of penalties that can be charged. If the CRA issues a demand to file the return under subsection 150(2) and assessed a failure to file penalty in any of the three previous tax years, there is an even bigger penalty. This penalty is 10% of the unpaid tax when the return was due. In addition, 2% of the unpaid tax is owed for each complete month it is late, up to a maximum of 20 months. For more information or to get ahead of your corporate tax return filing, contact us or visit the CRA’s website and read their section on Corporate Tax.
Ways Canada Provides Income Assistance Canadians have access to various government programs and initiatives that provide financial support when in need of income assistance. They come into play when individuals or families are going through financial hardship or can’t meet basic needs. Provincial governments offer their own programs as well which vary across different provinces and territories. Income Assistance through Employment Insurance This federal program provides income support for individuals who have lost their jobs or can’t work due to sickness, maternity or parental leave, or to care for a family member. To qualify, the individual must have worked for a specific number of hours ata minimum and paid EI premiums. Amounts and the duration of benefits is dependent on previous earnings and regional unemployment rates. It ranges from 420 to 700 hours of insurable employment to qualify for regular benefits and the qualifying period is whichever of the following is shorter: Types of Employment Insurance Depending on which category you fall under, the qualifying requirements, amounts, and durations may be affected. Here is a list of the main considerations for this type of income assistance: Old Age Security as Income Assistance Old Age Security or OAS pension is a monthly payment for those who are 65 and older. Sometimes, individuals can be automatically enrolled but if this doesn’t happen, you can apply. The first payment comes the month after you turn 65. Here’s how much you can get for OAS based on income in 2021: Age Maximum Monthly Payment Annual Net World Income in 2021 Threshold 65 – 74 $691.00 Less than $129,757 75 + $760.10 Less than $129,757 Guaranteed Income Supplement This monthly payment comes in addition to OAS but has a few more qualifying factors. These include: The amount is available to low-income Old Age Security pensioners and is not taxable. Situation Maximum Monthly Payment Amount Annual Income Threshold (Including Spouse/Common-Law Partner’s Income) Single, Widowed, or Divorced $1,032.10 Less than $20,952 Spouse/Common-Law Partner Receives Full OAS $621.25 Less than $27,648 Spouse/Common-Law Partner Receiving an Allowance $621.25 Less than $38,736 Spouse/Common-Law Partner Does Not Receive any OAS $1,032.10 Less than $50,208 We’ve talked about some of the most common forms of income assistance in Canada above but there are many more depending on individual sitations. The CRA has an extensive list with links to relevant information at the link here. For more information, feel free to contact our team and we can get you the financial support you need.
How Bankruptcy in Canada Works The legal process for a person to be discharged from their debts is called bankruptcy. It’s used by a debtor, someone who has a debt, to be released from them. There are reasonable conditions that must be met first, but this process relies on honesty and does have consequences afterwards. Businesses claim bankruptcy go through a slightly different process and it is based on their structure. The Three Different Ways to Go into Bankruptcy Voluntary Assignment This is where an insolvent person or people who can’t pay their debts assign all their assets for benefit of all creditors. Involuntary Assignment For an involuntary assignment, the creditor begins the legal process by submitting a petition to a provincial court. They request a receiving order over the debtor’s assets and is also known as being petitioned into bankruptcy. Deemed Bankruptcy When a debtor who has already started the bankruptcy or insolvency process doesn’t meet certain conditions, they are deemed bankrupt. This is caused by the debtor either not meeting the conditions for a Division 1 proposal or failure to comply with an accepted proposal by creditors or the court. A Division 1 proposal is an offer made to the credibtors to change the amount and/or payment terms of the debt. It is only available to individuals with more than $250,000 in debt but excludes main residence mortgages. Starting the Bankruptcy Process If any of these circumstances occur, the debtor or their representative may need to send a copy of the court-issued bankruptcy notice, document titled “First Meeting of Creditors”, or an assignment in bankruptcy to an Insolvency Intake Center. Bankrupt businesses will have their business number or BN closed after the discharge. Individual & Business Bankruptcy Regardless of this process, the bankrupt has the right to earn a living. This means that they are allowed to conduct business activity outside the estate after a bankruptcy. The Trustee in Bankruptcy The trustee in a bankruptcy is the agent of the bankrupt employer when a liquidation, assignment, or bankruptcy occurs. They hold CPP contributions, EI premiums, and income tax amounts that have not been remitted to the CRA. The amounts are not part of the estate in bankruptcy but are kept separate from it. To continue the business, the trustee would need a new business number. Sole Proprietorship Because the individual and the business are the same legal entity in this case, the sole proprietor is considered a new legal entity on the day after being assigned into bankruptcy. Partnership If the partnership has two individuals and one declares bankruptcy, the partnership can’t continue. If there are more than than, it can still continue if they come to an agreement. Corporation Unless the bankrupt corporation pays all debts owed at the time of bankruptcy, the company won’t exist anymore. A governing body needs. tobe contacted to have it dissolved or start a new one. Individuals Besides losing all your assets, bankruptcy can affect those who co-signed any loans with the bankrupt debtor. They may be responsible for some of the debt to and will be liable to creditors. Bankruptcy damages individual credit scores causing loans to potentially be declined or at higher interest rates and worse terms than normal. The information can stay on a credit report for up to ten years and can hinder your ability to even get a credit card. If you or someone you know feels that they may need resources to help them navigate the bankruptcy process, please contact us to get the help you deserve. Our tax accountants in Richmond are experts in navigating any financial circumstance found in Canadian businesses.
Preparing Your Small Business for Taxes If you have a sole proprietorship, are in a partnership, or are self-employed, that means you have business income. Money earned from a profession, trade, manufacture, or any other undertaking is considered business income. Any activity of trade or for profit and has evidence to support it is also business income. Wages and salaries from an employer are not business income. Continue reading to learn key information in preparing for your business tax in Canada. Setting Up Your Business Structure for Business Tax There are three primary types of business structures. Each one comes with different personal risks, rules, and regulation. Regardless of the structure, all income entries in the records need original documents which include sales invoices, cash register tapes, receipts, receipts, bank deposit slips, fee statements, and contracts. We’ve broken them down with the key information from each here. Sole Proprietorship This is an unincorporated businesses owned by on individual. It is a very simple structure and the owner has full responsibility of any obligations. This includes making decisions, receiving profits, claiming losses, and not having a separate legal status from the business. The owner assumes all risks and can affect personal property and assets. A business name can be chosen and registered but it can also be operated under the owner’s own name. Sole proprietors pay business tax through their T1 income tax and benefit return. You have to file a T1 return to pay tax, pay capital gains, make CPP (or QPP) payments on earnings, get EI benefits, or if the CRA has requested it. Partnerships Partnerships involve an association or relationship between two or more individuals, corporations, trusts, or partnerships that join together for trade or business. Each partner contributes money, labour, property, or skills but is also entitled to part of the profits or losses. This is another simple business structure and a verbal agreement is enough for its formation. Each partner maintains liability for business activities and can affect personal property and assets. Corporations This is a legal entity separate from its owners. The corporation itself has most of the same rights and responsibilities as an individual. It can enter contracts, loan or borrow money, sue or be sued, hire employees, own assets, and pay taxes. Regardless, it keeps the risk away from its shareholders’ personal property and assets. Determining the Fiscal Period for Your Business Tax Business income needs to be reported annually. For sole proprietorships and partnerships, this needs to be done on a calendar-year basis. There is an exception to this for partnerships in which all members are individuals. In that case, a non-calendar-year fiscal period can be elected. For corporations, the tax year is its fiscal period and cannot be longer than 53 weeks (371 days). New corporations can choose any tax year-end provided it isn’t more than 53 weeks from the date the corporation was incorporated or formed. The income tax return has to be filed within six months of the end of its fiscal period. When the fiscal year ends on the last day of the month, the return is due on or before the last day of the sixth month after the tax year ends. Otherwise, it is due on the same day of the sixth month after the end of the tax year. Transferring Personal Assets to Your Business In a sole proprietorship, the Income Tax Act needs the assets transferred at their fair market value (FMV). In other words, CRA considers that you sold the assets, priced at their FMV to the business. If the fair market value is higher than your purchase price, the difference is considered to be a capital gain on your income tax return. On the business side, it will have purchased these assets and the value of the FMV is added to the capital cost allowance (CCA) schedule for income tax. If you are transferring personal assets to a Canadian partnership or corporation, it works a little differently. The property can be transferred for an “elected” amount. This means that the amount can be chosen by you and does not have to match the fair market value. There is still a capital gain if the purchase price is less than the elected amount but this is the cost to the partnership or corporation. Learn more and dive into the details on CRA’s website by clicking here. Contact us to speak with an expert at Advanced Tax to make sure your business is on the right track. We make sure you not only comply with tax regulations, but make the most of your tax return. This way, you get the tax savings your business deserves.