On February 19, 2015, at the Toronto Centre CRA & Professionals Group Breakfast Seminar CRA representatives provided an update on two topics: 1) online CRA e-services, and 2) Regulation 102 and Regulation 105 waivers for non-residents.
An Overview of E-Services for Tax Professionals and Businesses
Maxime Leger and Marc Boisseau, Senior Programs Officers at the Assessment and Benefit Services Branch, provided updates regarding CRA e-services under the My Account, My Business Account and Represent a Client portals. In general, these online portals allow taxpayers, or designated representatives, to submit documents, view and manage various tax accounts online.
- Two levels are now required to login and access My Account. In level 1, the taxpayer is required provide personal information (social insurance number, date of birth, postal code, amounts entered on income tax and benefit return) to create a user ID and password. In level 2, the taxpayer receives the CRA security code.
- After obtaining online access to My Account, Taxpayers can view Notice of Assessment and the status of tax returns. If the taxpayer registers to manage online mail, the CRA will no longer send paper copies. The taxpayer will receive email notifications to check My Account.
- Taxpayers can register for online mail through NETFILE or EFILE software, by filing a T1 return, online using My Account service or by speaking with an agent.
- Canadian resident individuals, corporations, and certain partnerships and trusts that, at any time during the year, own certain foreign property costing more than $100,000 are required to file Form T1135 Foreign Income Verification Statement. As of February 9, 2015, individual taxpayers are able to file this form electronically for the 2014 tax year. In the future, electronic filing will be extended to corporations and partnerships.
My Business Account
- My Business Account has been expanded to allow taxpayers to file returns, Notices of Objection and refunds in regards to excise duties, excise taxes, air travelers security charges and softwood lumber products export charges.
- This account also permits additional GST/HST elections i.e. GST20-1 Notice of Revocation of an Election for GST/HST Reporting Period by a Listed Financial Institution and RC7220 Election for GST/HST and QST Reporting Period for a Selected Listed Financial Institution
- Updated options such as payment searches for payments made but not credited to the account and requests to transfer misallocated credits have been added to the Payroll Accounts.
- Taxpayers can now authorize the CRA to withdraw pre-authorized debits from bank accounts. Taxpayers and designated representatives may manage direct deposits directly through My Business Account.
Represent a Client
- The CRA noted that business authorization requests can be submitted online and will be reviewed and processed within five business days.
- A non-resident representative living in the U.S. who wants to access the Represent a Client portal can obtain a non-resident representative number (NRRN) by completing the RC391 Application for a CRA NRRN.
- Additional changes are expected in April 2015 to permit representatives to register new businesses and add program accounts on behalf of taxpayers.
- The Tax Data Delivery Service allows authorized representatives to electronically receive information to help client income tax and benefit returns. It delivers tax information including T4 slips (i.e., T4A, T4E, T4A(OAS), T4A(P)), Home Buyers' Plan, tuition carryover amounts.
- To use this service, representatives must be a registered electronic filer, registered in Represent a Client, use an EFILE certified product and have a valid Form T1030 Authorizing or Cancelling a Representative.
- In addition to the updated services provided in the online portals, the CRA also introduced new mobile apps.
- In August 2014, the CRA Business Tax Reminder was released for small and medium sized enterprises with annual revenues of $20 million or less and less than 500 employees. This app allows taxpayers to create reminders and alerts for key dates related to instalment payments, returns, and remittances. See our post here.
- More recently, on February 9, 2015, the CRA released MyCRA. This new app allows individual taxpayers to view Notices of Assessment, tax return status, and RRSP and TFSA contribution room. In the future it will permit taxpayers to update contact information and enroll for direct deposit.
Non-Resident Taxation in Canada – Regulation 102/105
Claudio DiRienzo, Policy and Technical Advisor at the Specialty Audit Division Compliance Programs Branch, provided an update on issues pertaining to Regulations 102 and 105. In general, these regulations require payors of non-residents rendering services in Canada to withhold and remit tax on the payments subject to treaty-based waivers.
Reduce Red Tape
- The CRA acknowledged current frustrations among taxpayers and representatives with the cumbersome Regulation 105 and 102 processes and noted that the CRA continues to consult with stakeholders and tax professionals to reduce red tape. However, the CRA emphasized that certain processes were required to comply with existing legislation. The CRA suggested that amendments be made to the current legislation to help streamline the waiver process.
- Centres of Expertise have been established for the waivers to ensure consistency among waiver requests. To shorten processing times, the CRA advised that comprehensive information be provided and a Business Number (BN) or Individual Tax Number (ITN) be applied for in advance.
- CRA Document No. IC 75-6R2 states that approximately 30 days are required to review waiver applications. However, the CRA noted in reality the wait time varies on inventory and workload.
R102J and R102R Waivers
- The CRA commented on the difference between R102J and R102R waivers. Both are treaty-based waivers used by non-residents to reduce the amount of withholding. The R102J is a joint employer and employee waiver and applies only to amounts less than $5,000 if the other country has a tax treaty with Canada or amounts less than $10,000 if the other country is the US. The waiver is effective for a year. To accommodate employers, the waiver is retroactive for 60 days prior to the date granted and an ITN or SIN can be provided at the end of the year.
- In contrast, the R102R does not have the 60-day retroactive concession and requires a SIN or ITN at the time the waiver is granted.
Short Waivers Granted
- The CRA acknowledged concerns that Regulation 102R waivers were being issued for short time periods (i.e., six months). As a result, taxpayers were required to reapply for waivers for the remainder of the taxation year. The CRA explained that this arose out of concerns that the employee would constitute a permanent establishment of the employer under Article XV, the Dependent Personal Services provision of the Canada-U.S. Tax Treaty.
- The CRA representatives responsible for processing waivers do not make determinations in regards to a permanent establishment at the time of the waiver. This determination is made at the time of filing.
- The CRA noted that it has now revised its position. If the applicant provides the approximate number of days he or she will be in Canada and approximate remuneration amounts, the waiver applies for a full calendar year.
- The CRA also commented on the use of secondment arrangements to manage Regulation 102 and 105 issues. A secondment is the temporary assignment of loan of an employee between two entities. The CRA noted that whether withholding is required under a secondment arrangement is a question of fact. In order to waive withholding a genuine employer-employee relationship must exist.
- No Regulation 105 withholding is required for reasonable reimbursements under a secondment. CRA Document No. IC 75-6R2, which provides guidelines on secondment arrangements, states that administrative overhead of $250 per month per employee constitutes a reasonable reimbursement.
Updates in Case Law and Administrative Policy
- The CRA noted that it accepts the Weyerhaeuser Company Limited v. The Queen (2007 TCC 65) decision, which generally held that not all payments to non-residents are subject to withholding tax. However, the CRA noted that they would only apply Regulation 105 consistently with this decision if the taxpayer's information is documented at the time the payment is made.
- The CRA is currently in the process of developing a set of guidelines and policy directions for Regulation 102 and Regulation 105 and updating CRA Document No. IC 75-6R2. An online portal for waivers is expected to be launched in 2016.
For more information, visit our Canadian Tax Litigation blog at www.canadiantaxlitigation.com
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