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Tax News
FCA Rules on Employee vs. Independent Contractor Status
Prescribed Rate to Rise!!
Prescribed Interest Rate on Monies Owing to the Tax Man
FCA Rules on Employee vs. Independent Contractor Status
- Arthur Drache
In a major decision which should have an impact on the general law, and most significantly, the income tax laws, dealing with employment status, the Federal Court of Appeal has held that dancers with the Royal Winnipeg Ballet (“RWB”) are independent contractors.
We have been taking the position for quite some time that a new approach was needed to determine whether workers were employees or independent contractors. In today’s world, the old tests that have been applied, simply have limited relevance, but they are still applied regularly by the Canada Revenue Agency. They attempt to shoehorn assessments into tests that really don’t fit. We have suggested that in close cases, the intention of the parties should be a major determinant.
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Prescribed Rate to Rise!!
- Charles Rotenberg
A rise in the rate of interest prescribed under the Income Tax Act is coming. For the purposes of income splitting among family members it suggests reviewing proposed transactions before the end of March. A small change in rate can have effect for many years to come.
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Prescribed Interest Rate on Monies Owing to the Tax Man
- Adam Aptowitzer
On March 3 the Canada Revenue Agency announced that the prescribed interest rates for amounts owing to the CRA in respect of income tax and penalties would rise to 8%, its highest rate since the third quarter of 2003. Interest is charged on amounts owing to the CRA on a rate compounded daily but set quarterly. While most people simply ignore the prescribed interest rate announcements as being irrelevant for their day to day life, even a 1% increase in the prescribed rate for a quarter can have a significant effect on an amount owing.
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