Solution manual for Canadian Income Taxation 25th Edition by William Buckwold, Joan Kitunen, Matthew Roman | All Chapters Complete |

Solution manual for Canadian Income Taxation 25th Edition by William Buckwold, Joan Kitunen, Matthew Roman | All Chapters Complete | . FUNDAMENTALS OF TAX PLANNING Review Questions 1. ―Tax planning and tax avoidance mean the same thing.‖ Is this statement true? Explain. 2. What distinguishes tax evasion from tax avoidance and tax planning? 3. Does Canada Revenue Agency deal with all tax avoidance activities in the same way? Explain. 4. The purpose of tax planning is to reduce or defer the tax costs associated with financial transactions. What are the general types of tax planning activities? Briefly explain how each of them may reduce or defer the tax cost. 5. ―It is always better to pay tax later rather than sooner.‖ Is this statement true? Explain. 6. When corporate tax rates are 13% and tax rates for individuals are 40%, is it always better for the individual to transfer their business to a corporation? 7. ―As long as all of the income tax rules are known, a tax plan can be developed with certainty.‖ Is this statement true? Explain. 8. What basic skills are required to develop a good tax plan? 9. An entrepreneur is developing a new business venture and is planning to raise equity capital from individual investors. Their adviser indicates that the venture could be structured as a corporation (i.e., shares are issued to the investors) or as a limited partnership (i.e., partnership units are sold). Both structures provide limited liability for the investors. Should the entrepreneur consider the tax positions of the individual investors? Explain. Without dealing with specific tax rules, what general tax factors should an investor consider before making an investment? 10. What is a tax avoidance transaction? 11. ―If a transaction (or a series of transactions) that results in a tax benefit was not undertaken primarily for bona fide business, investment, or family purposes, the general anti-avoidance rule will apply and eliminate the tax benefit.‖ Is this statement true? Explain. Solutions to Review Questions R2-1 There is a distinction between tax planning and tax avoidance. Tax planning is the process of arranging financial transactions in a manner that reduces or defers the tax cost and that S - The Marketplace to Buy and Sell your Study Material Downloaded by: RN200 | Want to earn $1.236 Distribution of this document is illegal extra per year? arrangement is provided for in the Income Tax Act or is not specifically prohibited. In other words, the arrangement is chosen from a reasonably clear set of options within the Act. In contrast, tax avoidance involves a transaction or series of transactions, the main purpose of which is to avoid or reduce the tax otherwise payable. While each transaction in the process may be legal by itself, the series of transactions cause a result not intended by the tax system. R2-3 CRA does not deal with all tax avoidance transactions in the same way. In general, CRA attempts to divide tax avoidance transactions between those that are an abuse of the tax system and those that are not. When an action is abusive, CRA will attempt to deny the resulting benefits by applying one of the anti-avoidance rules in the Income Tax Act. R2-4 There are three general types of tax planning activities: • Shifting income from one time-period to another. • Transferring income to another entity. • Converting the nature of income from one type to another. Shifting income to another time-period can be a benefit if it results in a lower rate of tax applying to the income. Even if a lower rate of tax is not achieved, a benefit may be gained from delaying the payment of tax to a future time-period. Shifting income to an alternate taxpayer (for example, from an individual to a corporation) may beneficially alter the amount and timing of the tax. There are several types of income within the tax system such as employment income, business income, capital gains and so on. Each type of income is governed by a different set of rules. For some types of income, the timing, the amount of income recognized, and the effective tax rate is different from other types. By converting one type of income to another, a benefit may be gained if the timing of income recognition, the amount recognized, and/or the effective tax rate is favorable. R2-5 The statement is not true. Paying tax later may be an advantage because it delays the tax cost and frees up cash for other purposes. However, the delay may result in a higher rate of tax in the future year compared to the current year. In such circumstances, there is a trade-off between the timing of the tax and the amount of tax payable. R2-6 There is not always an advantage to transfer income to a corporation when the corporate tax rate is lower than that of the individual shareholder. While an immediate lower tax rate results, remember that the corporation may be required to distribute some or all of its after- tax income to the shareholder, which causes a second level of tax. Whether or not an advantage is achieved depends on the amount of that second level of tax and when it occurs. Other factors may also be relevant such as the tax treatment of a possible business failure or sale. R2-7 The statement is not true. Knowing the tax rules is, of course, a major element in the tax planning process, but it does not guarantee the expected outcome. Planning means that certain steps S - The Marketplace to Buy and Sell your Study Material Downloaded by: RN200 | Want to earn $1.236 Distribution of this document is illegal extra per year? are taken now in preparation for certain activities that may occur in the future. However, those anticipated activities might not occur and the desired tax result may not be achieved. Tax planning also requires that one must anticipate and speculate on possible future scenarios and relate them to the current tax planning steps. Those scenarios are never certain. R2-2 Both tax planning and tax avoidance activities clearly present the full facts of each transaction, allowing them to be scrutinized by CRA. In comparison, tax evasion involves knowingly excluding or altering the facts with the intention to deceive. Failing to report an amount of revenue known to exist or deducting a false expense are examples of tax evasion. R2-8 To develop a good tax plan, one must be able to: • Understand the fundamentals of the income tax system. • Anticipate the complete cycle of transactions. • Develop optional methods of achieving the desired business result and analyze each of their tax implications. • Speculate on possible future scenarios and assess their likelihood. • Measure the time value of money. • Place the tax issue in perspective by applying common sense and sound business judgement. • Understand the tax position of other parties involved in the transaction. R2-9 Yes, the entrepreneur should consider the tax position of the potential investors. They will be taking a risk in accepting the investment. If the entrepreneur knows the tax effect on the investors, of each alternative organization structure, the entrepreneur can choose the one that provides investors the most favorable tax treatment (i.e., one that reduces their after-tax loss if the investment fails, or increases their after-tax income if it succeeds). Before making the investment, the investor should determine the tax impact on: • income earned by the venture, • income distributed to the investor, • losses incurred by the venture, • the loss of the investment if the venture fails, and • the gain on the investment when it is eventually sold. R2-10 A tax avoidance transaction is a term used within the general anti-avoidance rule (GAAR) of the Income Tax Act. An avoidance transaction is a transaction or series of transactions that results in a tax benefit and was not undertaken primarily for bona fide business, investment or family purposes [ITA 245]. R2-11 The statement is not true. In order for the tax benefit to be denied under the general antiavoidance rule (GAAR), the transaction, in addition to not being primarily for bona fide business, investment or family purposes, must be considered to be a misuse or abuse of the income tax system as a whole. What constitutes a misuse or abuse is not always clear. However, certain avoidance transactions are permitted and others are not [ITA 245(3), IC 88- 2]. S - The Marketplace to Buy and Sell your Study Material Downloaded by: RN200 | Want to earn $1.236 Distribution of this document is illegal extra per year? Key Concept Questions QUESTION ONE The Income Tax Act contains a general anti-avoidance rule (GAAR) in section 245. Consider each of the following situations and determine whether the GAAR will likely apply. 1. Christine Jensen transferred her consulting business to a corporation primarily to obtain the benefit of the low corporate tax rate. 2. A Canadian-controlled private corporation pays its shareholder/manager a bonus that will reduce the corporation’s income to the amount eligible for the low tax rate. The bonus is not in excess of a reasonable amount. 3. A profitable Canadian corporation has a wholly owned Canadian subsidiary