Canadian Revenue Agency ruling on signing bonuses

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Figgy44

A toast of purple gato for the memories
Dec 15, 2014
13,383
8,765
Hmm... so the article is claiming the CRA are actually trying to argue the legalese of the definition of the type of income rather than the residency at the time? What a bizarre approach.


Here's a link in layman terms about the signing bonus. Tavares' camp does have a point if he is not considered a resident for tax purposes prior to receiving the signing bonus in cash. This is further supported by the fact he filed US taxes while playing for the Isles (IIRC it's been mentioned he was a non-resident of Canada for tax purposes prior to signing the TML contract). Even the above RBC link words things in a manner that points at this. So if he received cash on July 31 and he is considered a resident as of September, then he's OK. But if he received cash on July 31 and he is considered a resident as of July 31 or earlier, he is hooped.


The CRA arguing the money was up front compensation for his services for the remainder of the season is certainly bizarre. They're basically going off in a direction that hasn't been pursued before. Like I said, I assumed the entire fight about the specific date that Tavares' was considered a resident for tax purposes in Canada. If this goes through, this is going to mess up a ton of contracts (not just sports) in general and people are rightfully going to be pissed off.

Keep in mind, Canada doesn't tax based on citizenship. Canada taxes based on residency status for tax purposes.
 

smytty

Registered User
Aug 1, 2015
330
664
I have to say I don't know any more about tax laws than the average person does, but to me the CRA seems right. He's being paid to play hockey in canada. He's a Canadian resident for the duration of the contract, to me it seems he should be paying Canadian taxes. The bonus seems to be just upfront payment for him to do his job. Paying a lump sum up front just seems like a way to dance around the rules, it shouldn't affect the tax he has to pay. It should be treated as salary.
 

SupremeTeam16

5-14-6-1
May 31, 2013
8,777
8,629
Baker’s Bay
The CRA doesn't like it when low income earners file their taxes incorrectly either.
You think he filed his taxes incorrectly? You think he doesn’t have a team of accountants and tax lawyers who pored over every detail of the contract to ensure it was structured in accordance with tax codes?

The contract was structured and signed in accordance with the rules laid out in the tax treaty betwen the US and Canada. In this case it’s the CRA who has assessed him incorrectly and now they’re trying to make the argument for why this bonus should be taxed as regular income instead of in the long standing manner that signing bonuses and other inducements for athletes, artists, actors and musicians are taxed which is very clearly laid out in the above mention tax treaty.
 

Voight

#winning
Feb 8, 2012
41,667
18,225
Mulberry Street
The CRA doesn't like it when low income earners file their taxes incorrectly either.

They refused to accept a relative of mines deduction for his TTC transit pass because he didn't keep every single receipt from when he bought it monthly. He was a student at the time.

They hounded him for months about it, great use of resources I tell ya.
 

Prairie Habs

Registered User
Oct 3, 2010
12,139
13,130
You think he filed his taxes incorrectly? You think he doesn’t have a team of accountants and tax lawyers who pored over every detail of the contract to ensure it was structured in accordance with tax codes?

The contract was structured and signed in accordance with the rules laid out in the tax treaty betwen the US and Canada. In this case it’s the CRA who has assessed him incorrectly and now they’re trying to make the argument for why this bonus should be taxed as regular income instead of in the long standing manner that signing bonuses and other inducements for athletes, artists, actors and musicians are taxed which is very clearly laid out in the above mention tax treaty.

They didn't file in accordance with the rules, they filed in a way they thought could subvert the rules. I feel no pity for millionaires who have to pay their fair share.
 

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