Denial of expense deductions for short-term rentals
Effective January 1, 2024, income tax deductions for expenses incurred to earn certain short-term rental income, such as interest expenses, will be denied. The denial of deductions applies to “non-compliant short-term rentals”, referring to short-term rentals in a province or municipality that prohibits short-tern rental operations, or rentals that fail to comply with the provincial/municipal requirements for a rental operation licence or permit. The change hopes to convert short-term rental units into long-term rental units, thereby increasing the supply of units in a competitive and pricey housing market.
Alternative Minimum Tax (AMT)
Various changes to the AMT regime that were introduced by Federal Budget 2023 take effect for 2024 and later tax years.
The AMT has been in place since 1986 and was designed to prevent individuals from making disproportionate use of preferential tax treatments and to ensure a certain amount of tax remains payable despite targeted tax benefits being claimed.
AMT requires a separate tax calculation to be conducted along with an individual’s regular income tax calculations by taking into consideration certain tax-preferred treatments or deductions that an individual claimed in the tax year. In other words, the regular taxable income is recalculated based on a different set of assumptions to arrive at an adjusted taxable income for AMT purposes; this re-establishes the “AMT income base” for which the AMT tax can be calculated. This alternative calculation involves the add-back of specific targeted deductions to taxable income otherwise determined under the regular method and excludes certain tax credits otherwise available.
Under the previous AMT rules, an individual (other than a trust) was entitled to a basic exemption of $40,000 when determining the adjusted taxable income under the AMT calculation. Instead of the progressive tax rates used in regular tax calculations, a flat rate of 15% is used to calculate the minimum tax payable. If the calculated AMT is greater than the regular tax otherwise payable, the individual must pay the AMT. The excess of AMT over the regular tax otherwise payable may be carried forward for up to seven years and recovered against regular taxes, subject to certain limitations.
Budget 2023 proposed various changes to the AMT regime.
First, the income base on which AMT is calculated is broadened. As AMT intends to target high income earning individuals, the base exemption from which AMT applies is from the fourth income tax bracket. For 2024, that is $173,205, and for 2025 it is $177,882.
Second, there are limits to various tax preferences in the form of deductions, exemptions, and credits. For instance, the regular income tax inclusion rate for capital gains is 50%. Under the previous AMT regime, the inclusion rate was 80%, and with the new AMT regime, capital gains will be fully included as income at 100%, putting them on the same footing as interest income. The same will be true for a donation of publicly donated securities. Where securities are donated in kind to a registered charity, the inclusion rate for capital gains is reduced from a regular rate of 50% to 0%. Under the new AMT regime, the capital gains inclusion rate will increase to 30%.
Last, the AMT tax rate from which adjusted income will be taxed increases from 15% to 20.50%. With the new adjustments to the initial proposed AMT regime as announced in Budget 2023, the AMT regime targets higher net worth individuals, and it will require careful examination of various deductions and exemptions claimed in the year to determine if AMT is payable under the new regime.
Enhanced trust reporting rules
All trusts with a taxation year ending after December 30, 2023, must comply with the new enhanced trust reporting requirements starting in 2023. Certain trusts that were not previously required to file a trust income tax return will now be required to do so, including bare trusts (see note on bare trust below). Specifically, the new trust reporting rules will apply to express trusts, bare trusts, and, for civil law purposes, a trust that is other than a trust established by law or by judgement. Certain exemptions to the enhanced reporting requirements are permitted, provided certain conditions are met. In August 2024, the Department of Finance proposed various amendments to the enhanced trust reporting rules, essentially reducing the scope of filing requirements and the number of trusts captured under the rules. The amendments narrowed the definition of bare trusts, provided exceptions to filing requirements for small trusts, limited the scope of a “settlor”, among other things. Due to the prorogation of Parliament until March 24, 2025, these proposals are not yet passed into law.
The enhanced trust reporting rules require trusts to obtain beneficial ownership information on an annual basis to be reported on the new tax schedule, T3SCH15, Beneficial Ownership Information on Trust. The filing deadline for the 2024 taxation year is March 31, 2025.
Note on bare trusts: Given the lack of guidance and the unintended impact on Canadians, the CRA has exempted bare trusts from the filing requirements for the 2023 and 2024 taxation year, unless the CRA makes a direct request for such filing.
Multigenerational Home Renovation Tax Credit
For 2023 and later tax years, a new refundable tax credit known as the Multigenerational Home Renovation Tax Credit is available. The tax credit is in respect of work performed and paid for and/or goods acquired on or after January 1, 2023. Renovations and expenses up to $50,000 can be claimed, providing up to $7,500 in tax credits. Generally, a qualifying expenditure is a renovation or alteration of, or addition to, an eligible dwelling that is of an enduring nature and integral to the home and is undertaken to enable the individual to reside in the dwelling with a relative by establishing a secondary unit for occupancy.
Property flipping and deeming provisions
Property flipping is the act of buying real estate for the purpose of reselling it at a profit a short time later. Starting January 1, 2023, a real property held for less than 365 consecutive days is automatically deemed to be “flipped property”. As a result, any gains from the disposition of such property are considered business income and therefore fully included in income, as opposed to receiving the capital gains treatment. Certain exceptions are available. For properties not considered “flipped property”, the nature of the gain (whether it’s considered capital gains or business income) will be based on the facts of each case.
FATCA/CRS enhanced compliance regime
The last several years have seen some significant changes to the CRA guidance on the Foreign Account Tax Compliant Act (FATCA) and Common Reporting Standards (CRS). The increased compliance will likely manifest as more frequent correspondences across financial institutions with respect to the client’s tax residency status as it pertains to their non-registered investments. Reporting institutions will be looking for a status confirmation (i.e., either “non-reportable” or “reportable”) concerning all new non-registered accounts in the client’s name, including pre-existing accounts that have experienced a change in circumstances.
Further information on these changes can be obtained by contacting the Invesco Tax & Estate InfoService.