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Canadian Income Tax FAQs for Small Businesses

1. What business expenses can a Canadian business claim on income tax?

The CRA says business expenses are "certain costs that are reasonable for a particular type of business, and that are incurred for the purposes of earning income. Business expenses can be deducted for tax purposes. Personal, living, or other expenses not related to the business cannot be deducted for tax purposes."

2. Are there specific tax deductions for home-based businesses?

If you operate a home-based business, you may qualify for the business-use-of-home tax deduction, which is calculated by determining how much of your home you actually use for your home-based business.

You can also deduct a portion of all your house expenses that directly relate to operating your home-based business as a tax deduction, such as your utilities, telephone, ISP fees and cleaning materials. If you own your home, you can claim a portion of your house insurance, property taxes, and mortgage interest (although you can't claim the mortgage payments themselves.) If you are running your home-based business out of a residence that you rent, you can claim a portion of the rent you pay.

3. My business made no money this year. Can I still claim business expenses?

Maybe. If you are filing your income tax as a sole proprietor or partner, using the T1 form, when you are filling out Form T2125 (Statement of Business or Professional Activities), you will be listing various business expenses. If your business expenses exceed your business income, you will record a business loss on this form.

However, note that non-capital losses can be used to offset other personal income in any given tax year, and can be carried back three years, or carried forward for up to seven years. So you may not want to "claim your business expenses" and use your business loss this particular tax year. It may make more sense for you to carry your non-capital loss back to recover income tax you've already paid, or to carry it forward to offset a potentially larger tax bill in the future.

4. How long do I have to keep my business records?

For tax purposes, you need to keep your business records for six years.

Actually, the Canada Revenue Agency states that "if you file your return on time, keep your records for a minimum of six years after the end of the taxation year to which they relate".

The CRA also cautions that if you have filed a tax objection or appeal, you should keep your records until the issue is settled, and until the time limit for filing any further appeal has expired (which may mean keeping records for a particular fiscal year longer than six years).

Note that if you want to destroy your business records before the six year minimum period is over, you need to get written permission from the director of your tax services office. The form to use for this is T137, Request for Destruction of Books and Records.

5. How long do I have to pay whatever income tax is due?

You have to pay any income tax balance owing by April 30th, assuming that your business's fiscal year ended on December 31, which is the case with most businesses.

However, "if you have self-employment income, or are the spouse or common-law partner of someone who does, you have until June 15th to file your income tax return.

Even if you're not filing your income tax until June 15th, though, you still need to pay any income tax due by April 30th, to avoid paying interest charges.

6. What happens if I don't file my income tax on time?

If you file your income tax late, you will be charged the late-filing penalty, which is 5 percent of the balance owing and an additional 1 percent of the balance owing for each full month that your return is late, to a maximum of 12 months.

Note that the penalty charged for filing your income tax late may be higher than this if you've already been charged the late-filing penalty in any of the three previous tax years.

If you missed the income tax filing deadline because of circumstances beyond your control, the CRA may waive the late-filing penalty and applicable interest. You can get more information about this in the CRA's circular IC92-2: Guidelines for the Cancellation and Waiver of Interest and Penalties.

Even if you owe more taxes than you can pay by the income tax filing deadline, you should still file your income tax return on time to avoid these late-filing penalties.

7. What happens if I can't pay the income tax that I owe?

First of all, even if you owe more taxes than you can pay by the income tax filing deadline, you should still file your income tax return on time to avoid late-filing penalties.

Once the CRA has processed your income tax return, they'll send you a Notice of Assessment. If you can't pay income tax balance owing immediately, you should contact a tax services office, which will help you set up a mutually acceptable payment schedule. This page of the CRA Web site has links to tax services offices throughout the country.

It's important to let the CRA know about the problem and arrange a payment schedule as quickly as possible, because daily compound interest is charged on any unpaid income tax balance, starting on the annual filing deadline and continuing until you've paid the income tax you owe in full.

8. What is the time limit on an income tax audit?

There is no stated time limit on the tax audit process.

You shouldn't think that just because you've filed your income tax return and paid any taxes due that you're done with your business taxes for that year.

The Canada Revenue Agency (CRA) says, "Your tax return is recorded in a computer system that enables us to select returns to be audited... In some cases, we compare selected financial information for current and previous years of clients engaged in similar businesses or occupations."

So if your business is selected for a tax audit, the audit may include records from previous years.

Realistically, though, one would assume that a tax audit would not go back further than six fiscal years, as the CRA requires that business records be kept for six years.

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