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Canadian Tax Deduction and Income Tax InformationTax Reduction, Tax Shelters, and Tax FraudHere we outline the differences between tax reduction, tax shelters, and tax fraud. There is plenty of misunderstanding about these terms, so we thought we'd spend a moment discussing what each of these are.
Tax ReductionIf you are like most Canadians, you have some interest in reducing your taxes payable each year to the government. It is perfectly legal to arrange your affairs in such a manner that the minimum amount of tax needs to be paid. In fact Certified General Accountants of Ontario says: "The objective of personal tax planning is to minimize or defer income taxes payable."So you can see there is nothing strange or unusual about finding ways to pay less tax in Canada. Everyone, from individuals, to professional accountants, to small tax preparation services, use the common husband / wife / children method of splitting and reorganizing the income we report in order to reduce taxes owed, among other techniques. This is legitimate tax reduction at the most basic level. But there are many other less common methods that can also be used to ensure that individuals and businesses are deprived of as little of their hard-earned income as possible each year. One other method is having a small home-based business that will allow you to write off some purchases as business expenses. If you already own a business, your accountant is probably taking advantage of this for you. This small-business tax deduction strategy is sometimes talked about on the internet as though it were a mysterious secret of the rich, when in fact it is about the simplest possible tax reduction method after the income-allocation method mentioned above. Corporations have a multitude of other ways to reduce taxes as well, and often enjoy a lower overall tax rate just by being a corporation instead of a sole proprietorship. There are many other opportunities built into the Canadian tax codes that are fairly simple, but are less known because they tend to only be used by wealthy people. Unfortunately, many accountants and financial advisors for the middle class have no experience understanding how wealthy people and their accountants approach tax planning. Because of this, there are many great tax reduction techniques that most Canadians never hear about, while wealthy people use them every single year.
The concept of tax reduction often involves the difference between taxable income and non-taxable income. One way to address this is to move most or all of your income into a non-taxable (or lower tax rate) category. Another method is to reduce the taxable income you earn as much as possible in the first place. Again, there are many ways to accomplish these things.
Tax sheltersFrom the Canada Revenue Agency: "A tax shelter is any property (including a right to income) that you expect will result, based on statements or representations made, in losses or other deductible amounts in the first four years after you acquire it. These losses or amounts would be equal to or more than the cost of your interest in the property"The Department of Finance puts it in simpler terms: "Any investment sold on the basis that the buyer receives accelerated deductions or credits."
Tax shelters generally help you defer taxes payable to a future date, and rarely reduce the total amount of tax you owe. This is like an RRSP, where you can shelter huge amounts of money tax-free for decades, but still get taxed heavily when you withdraw the money. There are many types of tax shelters.
Tax FraudTax fraud is when someone attempts to avoid paying taxes that they owe, which is illegal. In order to avoid paying taxes sometimes people will report earning less than they really did, or may try to write off expenses of an amount that equals their entire income for the year. But for someone who wants to avoid paying taxes, pretty much anything goes, there are no specific techniques to speak of.There isn't much to be said here. Anyone ripping off either the government, little old ladies, or anyone else, will likely be caught, fined, and possibly go to jail. Unfortunately, sometimes illegal products and scams are cleverly disguised and sold as legitimate concepts like tax reductions or tax shelters, and this is where a good accountant or tax lawyer can help you understand what is being offered. If you are wondering if a tax plan or system you are being offered is legal or not, you should first have your accountant look over the situation. He or she should immediately be able to tell you if any strategy or product is legal or not, using current Canadian tax laws as a guide. Legal strategies don't try to avoid or evade taxes. There are many legal tax reduction strategies, and they all make use of standard tax laws and should be easy to understand. If your own accountant can't help, you may need to seek an accountant or tax lawyer who specializes in high-wealth individuals, who often require more complex tax planning than lower-wealth individuals. Such an accountant or lawyer will have more experience with uncommon products and strategies, and will be able to give you an opinion about what you've come across. And they may already be aware of the latest scams since wealthy people are often targets of fraudulent schemes.
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