New Financial Statement Disclosure Requirements for the Construction Industry and Enhanced Guidance Issued for the Percentage of Completion Method under ASPE

The Accounting Standards Board has issued significant application guidance for entities utilizing the percentage of completion method (POC) for revenue recognition under Canadian Accounting Standards for Private Enterprises (ASPE). This will specifically affect the construction industry since the POC is utilized in accounting for revenue on long term contracts. Also, there are new disclosure requirements outlined in the ASPE revenue recognition standard which mandate specific details that companies operating in the construction sector must now include in their financial statements.

Next steps:

With the enhanced guidance issued, entities should review their existing methods to ensure they are following the new requirements. Entities will want to evaluate their methods to ensure they have selected  the appropriate basis for progress measurement, the type of costs for inclusion in the POC calculation (such as whether it is appropriate to include uninstalled materials or equipment when an input method is used) and the method of calculating amounts of revenue and costs recorded in the reporting period. Identifying contract costs and reviewing your process to allocate general costs to a specific contract will be an important consideration under the new amendments. Lastly, entities should review their processes to compare total contract costs to expected contract revenue and recognize an expected loss when total contract costs exceed contract revenue.

New disclosures:

The additional guidance added specific disclosure requirements to Section 3400 of the ASPE Accounting Handbook for any contracts accounted for using the percentage of completion method. These new disclosures provide users of the financial statements with information regarding the significant estimates and assumptions involved in calculating revenue using this method. An enterprise is required to disclose each of the following for contracts in progress at the end of the reporting period accounted for using the percentage of completion method: (a) The method or methods of measuring the degree of completion; (b) The aggregate amount of costs incurred and recognized profits (less recognized losses) to date; (c) The aggregate amount of advances received; (d) The aggregate amount of holdbacks withheld; and (e) Uncertainties affecting the measurement of the degree of completion.  These disclosures are required for entities with fiscal year ends beginning on or after January 1, 2022. These new disclosures make take time and effort to accumulate this information.

If you need assistance with implementing these amendments and new disclosure requirements, please reach out to your trusted advisor at DJB.

Included is an article authored by RSM Canada, some helpful insights on the percentage of completion method.

 

Tax Planning: 2023 Year-end Considerations for Businesses and Individuals

RSM Canada’s 2023 year-end tax guide summarizes the key federal, provincial, and territorial tax updates that may create risk or opportunity for middle-market taxpayers in 2024 and beyond.

Tax trends and topics discussed as the Canadian economy moves into 2024 include:

  • Revisions to the general anti-avoidance rule
  • Mandatory disclosure rules
  • Financial institutions dividend
  • Tax on repurchase of equity

As year-end approaches, companies and individuals alike must carefully consider tax-planning opportunities in light of economic uncertainty and evolving tax legislation and regulations. Learn more in our year-end planner.

 

 

Canadian tax integration on private company Income

Tax integration is achieved when a particular stream of income is subject to the same or similar total tax rate once it reaches the individual taxpayer level. These tables provide an illustration of how the Canadian income tax integration system works.

Operating Costs: Ways Companies Can Reduce the Expenses

Organizations can fulfill their needs and position themselves for success while keeping operating expenses low by outsourcing non-core functions such as information technology, human resources, and financial accounting.

In this article from RSM Canada, they explore some of the ways that companies can reduce operating expenses while still capturing market growth.

The Healthy Way to Hire the Kids

Most businesses have accounting, computer, and vacation policies. Why do so few have family employment policies?

Making decisions about hiring younger relatives can be difficult. Skills and talents may vary widely, or maybe there’s not a job for everyone.  And sometimes a family member just doesn’t work out as an employee.

Hiring the kids requires a lot of thought, and the time to do the thinking is before the next generation comes of age. Employment in a family business is not an entitlement; business needs and individual abilities must determine hiring decisions.  

When creating family employment policies, consider:

Experimentation:  Summer jobs can be a great way for kids to “try out” the family business and vice versa. Create a summer job policy outlining the type of work kids are expected to perform, along with personal learning goals.

Education:  Is a college degree required to work at the company?  Perhaps a graduate degree in a certain specialty?  If so, detail the company’s expectations before hiring family members.

Situation:   In what position will the children start?  Will they rotate through jobs in a training program?  Should they work outside the family business first?  Address these questions in writing.

Compensation:   Family members should be paid based on fair market value for their job responsibilities.  Detailing salary and bonus formulas will help to ensure that everyone is treated fairly.

Performance:   All employees, including family members, deserve regular performance reviews. Spell out review schedules and adhere to them.

Separation:   It’s imperative to consider a separation protocol for family members. Indicate performance requirements for continued employment, and include specific behaviors or actions that will not be tolerated.  Also, specify severance package details.

Human resources issues are complicated.  Having formal family employment policies in place can alleviate at least some of the emotion and angst inherited in mixing family and business.

 

CEBA Loan Repayments and Debt Forgiveness

****EXTENDED DEADLINES****

CEBA loans must be repaid by JANUARY 18, 2024 to be eligible for partial loan forgiveness.

For eligible CEBA borrowers in good standing, repaying the balance of the loan on or before January 18, 2024, will result in loan forgiveness of up to $20,000.

More specifically, where the outstanding principal other than the amount of potential loan forgiveness is repaid by January 18, 2024, the outstanding principal amount will be forgiven, provided no default under the loan has occurred.   

For example, if you borrowed $40,000 or less, repaying the outstanding balance of the loan (other than the amount available to be forgiven) on or before January 18, 2024, will result in loan forgiveness of 25% (up to a max of $10,000).

If you received a $40,000 loan and subsequently received the $20,000 expansion, repaying the outstanding balance of the loan (other than the amount available to be forgiven) on or before January 18, 2024, will result in loan forgiveness up to $20,000 based on a blended rate:

  • 25% on the first $40,000; plus
  • 50% on amounts above $40,000 and up to $60,000.

For loans outstanding on January 19, 2024, during the period of January 19, 2024 to December 31, 2026, you will be required to pay interest on your CEBA loan and be subject to the following repayment terms:

  • 0% per annum interest until January 18, 2024.
  • No principal repayment required before January 18, 2024.
  • Automatic conversion to a three-year term loan beginning January 19, 2024.
  • 5% per annum interest starting on January 19, 2024; interest payment frequency to be determined by your financial institution.
  • Only interest payments are required to be paid on the term loan beginning January 19, 2024, however, the full principal is due on December 31, 2026.

CEBA loan holders who submit a refinancing application with their financial institution by January 18, 2024, may qualify for an extension of the partial loan forgiveness repayment deadline to March 28, 2024.

We suggest that you contact your financial institution to assist you with making a payment towards your CEBA loan or to submit a refinance application well in advance of the January 18, 2024, deadline.

New Bare Trust Reporting Rules

Under new Canadian legislation, bare trust arrangements are now subject to the filing requirements of a T3 Trust Income Tax and Information return.  This new legislation applies to trusts with tax years ending on or after December 31, 2023, with significant penalties for failure to comply.

In this important tax alert, authored by RSM Canada, they highlight what information is required to be reported, the deadlines, penalties for non-compliance, and which trusts may be exempt from filing. 

EMPLOYMENT EXPENSES FOR COMMISSIONED EMPLOYEES: Sponsorship

In a January 23, 2023, French Court of Quebec case, a commissioned salesperson deducted nearly $600,000 over 2015 and 2016, in sponsorship expenses of a professional cycling team in Canada. The individual was an investment advisor and reported commission income of $1,493,910 and $1,263,360 and taxable capital gains of $2,276,374 and $99,767 in the respective years.

The taxpayer argued that the sponsorship promoted his services as an investment advisor. As the main sponsor of the cycling team, the taxpayer explained that he benefited from enhanced visibility, as follows:

  • the taxpayer’s name was in large letters on the front of the cyclists’ jerseys, on both sides of the cyclists’ shorts and on the team’s cycling shoes;
  • the investment institution’s name and logo were on both the front and back of the cyclists’ jerseys; and
  • the team’s website (www.silberprocycling.com) incorporated the taxpayer’s name (Silber) into the website domain.

The Court noted that neither the taxpayer nor any of his family members benefited from the cycling team’s equipment, advice, or products. The Minister argued that the sponsorship expenses were unrelated to the taxpayer’s employment as a commissioned salesperson and that the expenses were unreasonable.

Taxpayer wins

The Court found a sufficient link between the advertising from the sponsorship and the taxpayer’s investment advisory services, from which he generated his commission income. In addition, the Court opined that the taxpayer’s sponsorship expenses constituted a much lower portion of his total income (e.g. 5% for 2015) than in other cases. For example, in a 2010 case, the Court found that employment expenses constituting 65% of the taxpayer’s income were reasonable. The deduction was allowed.

Editors’ comment

The scope of deductible commission employment expenses is much broader than for non-commission employment expenses. Expenses incurred to earn commission income are deductible provided that they are not specifically prohibited (for example, personal expenses or payments that reduced a taxable employment benefit) and provided that the other standard conditions for deduction are met. In contrast, only expenses specifically listed as deductible in the Income Tax Act can be deducted against non-commission employment income.

ACTION ITEM: The rules surrounding deducting expenses against employment earnings are complicated. Care should be afforded before incurring expenses intended to be deducted against employment income.

UNREPORTED CAPITAL TRADES INCLUDED ON A T5008: CRA Policy

Traders or dealers in securities must report to CRA the disposition of securities, such as publicly traded shares, mutual fund units, bonds, and T-bills, of their clients on a T5008.

A November 4, 2022, French Federal Court case summarized CRA’s administrative policy where a taxpayer has not filed a tax return, but a T5008 was issued, reporting the disposition of property that does not include the cost of the property disposed. In this case, CRA will assess the taxpayer with unreported income by estimating the capital gain to be a percentage of the total proceeds of disposition based on the stock market performance for the year in question (details on how the calculation was made were not provided in the Court case).

In 2015, CRA applied this policy and assessed the taxpayer for his 2008 year with a $967,806 capital gain (taxable capital gain of $483,903) computed as 20% of all proceeds of disposition reported on the T5008. CRA assessed the taxpayer’s income for 2009 at $141,798. The taxpayer did not object to either of these assessments.

In 2019, the taxpayer filed his 2008 and 2009 returns reporting much lower income than CRA had assessed in 2015. As the 2008 return was filed (essentially requesting adjustments to the original assessment) more than 10 calendar years after the end of the year (December 31, 2008), no adjustments could be made to this year. The taxpayer relief provisions only allow an individual to request an adjustment up to ten calendar years after the relevant year. As such, CRA confirmed their 2015 assessment. The taxpayer then tried to argue that the excess of capital gains assessed by CRA over his actual gains for 2008 should be treated as a capital loss carried forward to offset his gains realized in 2009. CRA refused to reassess the 2009 return for this adjustment.

Taxpayer Loses

The Court found that the taxpayer could not indirectly reduce the impact of the capital gain on his 2008 return by claiming a capital loss on his 2009 return.

Commentary

It is typical for brokers not to include the cost base of securities disposed on the T5008 as they may not have the accurate information. Also, even if an amount is reported on a T5008, the transaction may not always result in a gain; some dispositions may be in a loss or break-even position. For example, money market fund dispositions are often reported; however, there is normally no gain or loss.

ACTION ITEM: Ensure to report all gains from the disposition of securities fully; should dispositions not be reported, CRA may assess the taxpayer with unreported income much higher than the actual gain.

Contact one of our Taxation team members for more tax tips and advice.

 

New Mandatory Disclosure Reporting Requirements for Businesses

On June 22, 2023, new mandatory disclosure rules were passed into law comprised of three sections: reportable transactions, notifiable transactions, and reportable uncertain tax treatment.

These rules are intended to tackle aggressive tax planning, it is important to note that ordinary tax planning done by middle market companies will be captured under the scope of these new rules. Review the following article as written by RSM Canada outlining the requirements to remain in compliance. 

Taxpayers who may have reporting requirements under the new mandatory disclosure rules should review the linked forms below carefully.

Form RC312 is used to report reportable and notifiable transactions and Form RC3133 is used to disclose reportable uncertain tax treatment (RUTT).  Further details can be found here.

As with all new legislation and reporting forms, there will likely be adjustments as the CRA, tax practitioners, and taxpayers have the opportunity to have practical experience with the new forms and rules.  Failure to file the required forms could result in monetary penalties and extended periods for the CRA to reassess the taxpayer.

Important Insights for the Family Office

A recent interactive discussion with more than 460 family office executives, family members, and their advisors revealed important insights related to their greatest challenges. 

Today’s tight labour market, in particular, has family offices competing with other businesses for top talent.  As a result, they are faced with many options to consider, including insourcing, outsourcing, and hybrid staffing models.  

Read the following article, authored by RSM Canada, to learn what the discussion uncovered and some key insights for today’s family office.