Applying Non-Capital Losses in .NET

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Applying Non-Capital Losses
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Your non-capital losses have to be used to offset other income in the year they are incurred, if possible If you don t have other income, the losses can be carried back to offset taxable income in any of the three previous years, or carried forward for up to twenty years (it used to be ten years) to offset taxable income in the future If your losses aren t used up by the end of the twentieth year, they expire
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Choosing which years to apply your losses against can be something of an art Consider this example:
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service in the year Kevin has a few options for using his losses He can carry back $30,000 of the loss to 2004 and $60,000 to 2005 to recover all the taxes he paid in those years, leaving $10,000 in losses to be carried forward for up to twenty years The problem with this idea, however, is that Kevin doesn t need to carry back losses of $30,000 and $60,000 to 2004 and 2005 respectively in order to wipe out his tax liability for those years The reason He s entitled to a basic personal credit for those years, which effectively shelters approximately the first $8,000 of income in those years The moral of the story is simple: Your goal is to apply the losses against dollars that will provide the most tax savings It never makes sense to bring taxable income for a year below the taxable threshold dictated by your basic personal credit (which is $8,839 in 2006) This would be a waste of losses since your tax bill is nil below this threshold Similarly, it can be a bright move to bring taxable income down to the rst tax bracket of $36,378 in 2006, but not below, if you expect to earn income well in excess of this amount in the next couple of years In Kevin s example above, he may want to apply his losses to 2005 only, but not to 2004 If he applies the losses to 2004, he ll bring his taxable income in that year below $30,000, which will save him tax at a rate of about 26 cents for each dollar of loss claimed If he avoids applying the losses to 2004 and carries forward the unused losses, he might be able to apply them against income in excess of $36,378 in future years, which will save him tax at about 35 cents on the dollar That is, he ll get more bang for his losses if he expects to earn well over $36,378 of taxable income in the next few years and saves some of his losses for those years
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evin reported income of $30,000 in 2004 and $60,000 in 2005 In 2006, he reported non-capital losses of $100,000 after starting up a courier
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Reasonable Expectation of Pro t
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In the past, the CRA often denied losses when business owners had claimed losses for several years in a row The argument was always that there was no reasonable expectation of pro t (REOP) Two court decisions handed down by the Supreme Court of Canada (SCC) on May 23, 2002, provided relief to business owners in this situation In the cases Brian J Stewart v The Queen and The Queen v Jack Walls et al, a principle was established: When an activity lacks any personal element to it, then it should be considered a commercial activity and a source of income (whether or not losses have been incurred) The SCC established that there is no opportunity to apply the reasonable expectation of profit test where there is no personal element to the activity being carried on by the taxpayer As it turns out, our Department of Finance didn t appreciate the Stewart and Walls decisions, and proposed changes to our tax law were introduced on October 31, 2003 Those changes will require a business owner to have a reasonable expectation of pro t over the period of time he or she carries on the business (called the pro tability time period) Suppose, for example, that you start Business X in 2006 Suppose that you report losses from Business X in 2006, 2007 and 2008 For each of these years, a test will have to be applied For 2006, the test is whether it is reasonable in that same 2006 tax year to expect that you will realize a cumulative profit from Business X over the entire profitability time period (the period over which you expect to run the business) For 2007, the test is whether it is reasonable in the 2007 tax year to expect a cumulative pro t, again over the entire pro tability time period For each successive year, the same test will be applied: Is it reasonable to expect that you will have a cumulative pro t over the pro tability time period Assume that in 2006 and 2007 it s determined that, in those years, it was reasonable to expect that you would report a cumulative pro t from Business X over the pro tability time period Then, in 2008 it s determined that it is no longer reasonable to expect pro ts over that period of time In this case, your losses for 2008 will be denied The good news is that this determination in 2008 will not impact the losses you claimed in 2006 and 2007 they will still be allowed
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