Alexander Marino recently appeared on the Global Investment Voice Podcast to discuss the benefits of renouncing US citizenship on March 14, 2024.
Alexander Marino guested on the Snowbirds US Expats Radio Podcast about the benefits of renouncing your US citizenship on January 17, 2024.
Kenneth Keung and Evan Crocker are quoted in Investment Executive article titled “CRAʼs 10% interest rate on overdue tax raises risks“, published on November 13, 2023.
Kenneth Keung quoted in Investment Executive article titled “Window closing on family business transfers using Bill C-208”, published on October 10, 2023.
Kim G C Moody is quoted in the Tax Notes article titled “Canada’s Supreme Court Upholds GAAR Application in Deans Knight”, May 30, 2023
- All
- Accounting
- Alexander Marino JD, LLM (US Tax)
- Announcements
- Business Law
- Canadian Tax
- Christmas
- Federal Budget
- Firm News
- Flowcharts
- Immigration & Travel
- Living Abroad
- Personal Notes
- Publications
- Team Profiles
- Trust & Estate Law
- US Citizenship Renunciation
- US Tax
- Webinar Recordings
Canadian taxation treatment of restrictive covenants – Section 56.4
Our firm has written on the Canadian taxation treatment of restrictive covenants many times. Our blogs of April 11, 2008 and July 20, 2010 are two small examples. In addition, I wrote an extensive paper for the Canadian Tax Foundation on this topic in 2008. However, some of the content of my 2008 paper is out of date given some extensive amendments to proposed section 56.4 subsequent to the release of that paper but much of it is still relevant.
Trick or treaty: Are Canadians next as IRS takes historic first step?
Canadians know that their proximity to the US presents both risk and opportunity. One risk that has always been hard to quantify is the risk that the IRS and CRA will cooperate to enforce each others’ tax laws with respect to assets and information on both sides of the border. Recently, the likelihood of this cooperation increased significantly. For the first time, the US government has used a powerful device in support of a treaty-partner government to obtain financial data.
Pitfalls in Canada / US cross-border partnership compliance: Treatment of partnership debt
Since joining the cross border team at Moodys, I’ve had opportunities to help clients navigate US tax law and hear “O Canada” even when neither the Flames nor the Oilers are in town. For US purposes, allocations of US partnership income are reported to the IRS on a Form K-1 issued to the partners in the partnership. In Canada, the corresponding form is a Form T5013. I’ve also learned that (mimicking the mph/kmh conversion of speedometers) many Canadian accountants and taxpayers simply report their US partnership income to the CRA by converting the US dollar amounts on a K-1 to Canadian dollar amounts on their T1 or T2 (or corresponding form). This practice, although common, ignores important differences between the two sets of tax laws and can have legal ramifications.
Macro forces affecting taxpayers
I’ve said it before and I’ll say it again…the tax profession is extremely difficult. Like society, it is continuously changing and such changes challenge taxpayers and their advisors to keep up to date and respond proactively. In the past, many people in need of tax advice would simply turn to their accountants given the fact that many accountants are schooled in tax return preparation and therefore, by extension, such people assume that accountants are tax experts. However, tax return preparation and tax advisory services are truly two different service areas.
The devil’s in the details: The new form T1135 is released
Earlier this week, the CRA released the revised Foreign Income Verification Form (“T1135”) as had previously been announced by the Federal government in their 2013 Budget. Consistent with our blog posted on March 26, 2013, taxpayers are now required to report additional information which makes the T1135 more comparable to its US cousin – the FBAR.
Underwater part II: Additional taxpayer relief from the CRA?
The recent announcement by Ministers Shea and Kenney yesterday in a press release (the “Press Release”) is much welcomed by Albertans as the Province has been hit by the worst flooding in its recent history. However, the Press Release is ambiguous as to exactly which taxpayers and what filings will qualify for the relief measures announced.
Alexander Marino recently appeared on the Global Investment Voice Podcast to discuss the benefits of renouncing US citizenship on March 14, 2024.
Alexander Marino guested on the Snowbirds US Expats Radio Podcast about the benefits of renouncing your US citizenship on January 17, 2024.
Kenneth Keung and Evan Crocker are quoted in Investment Executive article titled “CRAʼs 10% interest rate on overdue tax raises risks“, published on November 13, 2023.
Kenneth Keung quoted in Investment Executive article titled “Window closing on family business transfers using Bill C-208”, published on October 10, 2023.
Kim G C Moody is quoted in the Tax Notes article titled “Canada’s Supreme Court Upholds GAAR Application in Deans Knight”, May 30, 2023
Moodys Private Client Blog + News in Your Inbox
Never miss a major development that might impact your bottom line with the best of our blog sent direct.