Jamie Golombek: A visiting nurse who stored a house workplace argued he ought to have the ability to declare workplace bills, however CRA, choose disagreed
Critiques and suggestions are unbiased and merchandise are independently chosen. Postmedia might earn an affiliate fee from purchases made by means of hyperlinks on this web page.
Article content material
In the event you’re an worker who’s within the technique of getting ready their 2023 tax return, you’ll little doubt quickly come to comprehend that there’s not a lot tax planning we will do to scale back the tax payable on our employment revenue, all of which seems on a T4 slip.
However should you do incur varied bills for which you aren’t reimbursed by your employer, together with bills for a house workplace, you might be able to declare a deduction in your return for such bills.
Commercial 2
Article content material
Article content material
Typical deductible employment bills (if unreimbursed) can embody: sure meals, beverage and leisure bills; out-of-town lodging; parking; workplace provides; allowable motorcar bills; and even promoting and promotion bills. In fact, to be entitled to deduct employment bills, an worker must acquire a duplicate of a correctly accomplished and signed Type T2200, Declaration of Situations of Employment from their employer.
A tax case determined in March concerned the deductibility of employment bills, particularly, these associated to the usage of a house workplace and a motorcar. The taxpayer was interesting reassessments of his 2015, 2016, 2017 and 2018 taxation years during which the Canada Income Company decreased or denied sure bills claimed in every of these years.
The taxpayer, a visiting registered nurse, was concurrently employed by 4 separate employers in 2015 and three separate employers in 2016, 2017 and 2018. His job was to offer nursing companies to people in their very own houses, or in a retirement or nursing dwelling. Throughout the tax years beneath evaluate, he supplied nursing companies six days one week and 4 days the following week on a rotating foundation. Every week included two or three seven-hour evening shifts throughout which he was on standby for sufferers who required pressing care.
Prime Tales
Article content material
Commercial 3
Article content material
The evening earlier than every workday, his employers would offer a schedule of the sufferers he was to go to the next day. The taxpayer estimated he visited between 10 and 30 sufferers throughout a day shift, and he labored a median of 40 to 45 hours per week, plus the 2 to 3 seven-hour evening shifts.
Every employer paid the taxpayer a hard and fast quantity for every affected person go to, whatever the nursing companies supplied. He travelled day by day from his south-central Ontario group to go to sufferers within the Better Toronto Space. As his varied employers didn’t present him with a spot to work, he maintained a house workplace in his basement, with a fax machine and workplace provides, the place he held phone consultations with different medical professionals (for instance, medical doctors) concerning sufferers, saved medical provides supplied by his employers, and saved the medical data of sufferers beneath his care.
To assist his declare for dwelling workplace and automobile bills, he submitted copies of the T2200 kinds issued by his varied employers for every of the taxation years beneath evaluate, which confirmed various percentages of home-office use, from a low of 15 per cent for one employer and “as much as 50 per cent” for one more, relying on the tax 12 months.
Commercial 4
Article content material
To be entitled to deduct home-office bills, an worker have to be “required by the contract of employment” to keep up such an workplace as licensed by the employer on the T2200. It should even be both the place the worker “principally” (greater than 50 per cent of the time) performs their duties of employment or, alternatively, used completely to satisfy prospects on an everyday and steady foundation in the midst of employment. (Notice that for the 2023 tax 12 months, the CRA stated you possibly can declare home-office bills if your property workspace is the place you principally labored for a interval of no less than 4 consecutive weeks throughout 2023.)
The taxpayer argued that because the percentages issued by his employers on the T2200s added as much as greater than 50 per cent in whole, he must be allowed to put in writing off his home-office bills. The CRA disagreed, saying the usage of a house workplace have to be decided for every employment, and the proportion of use for every of the separate employments in problem “can’t be merely added collectively.”
The choose agreed, noting that “primarily based on the T2200s, the entire home-office exercise would at all times be 50 per cent or much less of all related exercise as a result of at no time does the proportion of home-office exercise for an employer exceed 50 per cent of whole exercise.” As well as, because of the nature of the taxpayer’s employment actions (caring for sufferers of their dwelling or in a nursing or retirement dwelling), this “strongly means that the better a part of the taxpayer’s employment actions don’t happen at his dwelling workplace. Slightly, the taxpayer’s use of his dwelling workplace is ancillary to and in assist of the efficiency of his nursing duties at different places.”
Commercial 5
Article content material
The taxpayer additionally deducted varied vehicle bills in annually, which had been denied. Below the Earnings Tax Act, to have the ability to deduct automobile bills as an worker, you should usually be required to work away out of your employer’s place of job or elsewhere, and also you have to be required to pay your individual vehicle bills, as licensed on the T2200.
As well as, you should not be the recipient of a “non-taxable” allowance for motorcar bills. An allowance is taken into account non-taxable when it’s solely primarily based on a “cheap” per-kilometre fee. (For 2023, the Canada Income Company considers an affordable fee to be 68 cents per kilometre for the primary 5,000 kilometres pushed, and 62 cents/km after that. Within the territories, the speed is 4 cents/km greater.)
Advisable from Editorial
The taxpayer might have been entitled to say a few of these as legitimate bills, however he was unable to provide any proof to again up the bills he had claimed. He testified he had beforehand supplied the data to the CRA by registered mail, however the CRA by no means acquired them, and he was unable to offer any backup documentation in courtroom.
This proved to be deadly for the taxpayer’s declare. “Sustaining books and data is an ongoing obligation in a self-assessing system and the taxpayer’s failure to take action … made it unimaginable for him to satisfy the evidentiary burden…to demolish the (CRA’s) assumptions” in regards to the denied bills,” the choose stated citing a previous case.
Jamie Golombek, FCPA, FCA, CFP, CLU, TEP, is the managing director, Tax & Property Planning with CIBC Non-public Wealth in Toronto. Jamie.Golombek@cibc.com.
In the event you favored this story, join extra within the FP Investor publication.
Article content material
