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This translation was prepared by Tax Interpretations Inc. The CRA did not issue this document in the language in which it now appears, and is not responsible for any errors in its translation that might impact a reader’s understanding of it or the position(s) taken therein. See also the general Disclaimer below.
19 May 2010 External T.I. 2009-0342651E5 F - Remboursement de dépenses et allocations
Principal Issues: [TaxInterpretations translation] Are the following payments made by an employer taxable benefits to be included in the employee's income?
1. the reimbursement of the cost of a certificate of location, appraisal or inspection?
2. the reimbursement of the cost of obtaining a new mortgage?
3. an allowance in lieu of payment of moving expenses or real estate agent fees or an allowance for travel expenses?
4. the reimbursement of accommodation and transportation costs when employees are temporarily assigned to a territory other than their regular home base?
5. an allowance for meals and related expenses when employees are temporarily assigned to a territory other than their regular home base?
Position:
1. No, if the move is necessary because of the employment.
2. Yes.
3. Subject to our position in the Employers' Guide - Taxable Benefits and Allowances that the first $650 is non-taxable, these compensatory allowances are allowances that must be included in the employee's income under paragraph 6(1)(b).
4. and 5. Question of fact. General comments provided.
Reasons: Legislative analysis and previous CRA positions.
XXXXXXXXXX 2009-034265
I. Landry, M. Fisc.
May 19, 2010
XXXXXXXXXX,
Subject: Reimbursement of expenses and allowances
This is in response to your letter of September 17, 2009, in which you asked us various questions about the tax treatment of certain expense reimbursements or allowances paid by an employer to employees in connection with their moves or travel.
For reasons of convenience, we have reproduced each of the questions submitted, commenting on them in turn.
Unless otherwise indicated, all legislative references herein are to the provisions of the Income Tax Act (the "Act").
Question 1
You asked whether a reimbursement is a taxable benefit to be included in an employee's income if the reimbursement was paid to the employee by the employer to reimburse the employee for the costs the employee, incurred during a move, to obtain a certificate of location, appraisal, or inspection of a new property.
Comments
Paragraph 6(1)(a) provides, inter alia, that the value of any benefits received or enjoyed by a taxpayer in the year in respect of, in the course of, or by virtue of, an office or employment are to be included in computing the taxpayer's income except for certain benefits referred to in subparagraphs 6(1)(a)(i) to (v).
In other words, a reimbursement of an employee's expense by the employee’s employer may give rise to a taxable benefit to be included in the employee's income if it results in an economic advantage or benefit to the employee or if it relates to a personal expense of the employee.
Generally, however, it is our position that a reimbursement in respect of the cost of a certificate of location, appraisal or inspection of an employee's new property does not result in a taxable benefit to be included in income under paragraph 6(1)(a) where the move is necessary because of employment.
Question 2
You asked whether a reimbursement is a taxable benefit to be included in an employee's income if the reimbursement was paid to the employee by the employer to reimburse the employee for the costs incurred by the employee in obtaining a new mortgage.
Comments
Subsection 6(23) provides, inter alia, that assistance provided by an employer in respect of, in the course of, or because of an individual’s office or employment in respect of the financing of a residence is a benefit received by the individual because of the office or employment.
We are of the view that the reimbursement of expenses to obtain a mortgage is assistance provided by an employer in respect of the individual's office or employment within the meaning of subsection 6(23). Consequently, the individual must include it in income by virtue of paragraph 6(1)(a) even if the relocation is necessary because of the employment.
Question 3
You asked us, in the situation where it is the employee himself or herself who handles the move and the sale of the employee’s home, if an allowance paid by the employer in lieu of paying for the expenses of the move or of a real estate agent fees is a taxable benefit to be included in the employee's income. You also asked whether, in a situation where an employee chooses not to move the employee’s family and waives the right to be reimbursed for moving expenses, an allowance paid to the employee by the employee’s employer to compensate the employee for travel expenses is a taxable benefit to be included in the employee's income.
Comments
An allowance is generally considered to be an amount that an employee receives from the employee’s employer, in addition to salary or wages, without having to account for its use. Allowances for personal or living expenses or for any other purpose must be included in employment income under paragraph 6(1)(b) unless one of the exceptions in subparagraphs 6(1)(b)(i) to (ix) applies.
We are of the view that allowances paid in lieu of paying moving or real estate agent expenses are allowances that the employee must include in income under paragraph 6(1)(b). However, consistent with our position in T4130, Employers' Guide - Taxable Benefits and Allowances, the first $650 is not taxable since it is considered to be a reimbursement of expenses incurred by the employee for an employment-related move.
We are also of the view that allowances paid to compensate for travel expenses when an employee chooses not to relocate are allowances that the employee must include in income under paragraph 6(1)(b). In this situation, however, the entire allowance paid must be included in income under paragraph 6(1)(b) since our position in T4130, Employers' Guide - Taxable Benefits and Allowances, that the first $650 is non-taxable, applies only to allowances that are paid for an employee's relocation or move.
Question 4
You asked whether the employer's reimbursement of accommodation and transportation expenses incurred by employees temporarily assigned to a territory other than their home base is a taxable benefit to be included in the income of those employees.
Comments
The determination of whether or not amounts paid for travel, lodging and board (i.e., meals and other expenses if applicable) paid to the employee by the employer are taxable is a question of fact that must be analyzed on the facts of each particular situation. Indeed, a reimbursement may not be included in an individual's income under paragraph 6(1)(a) if it is made in respect of employment whereas an allowance is generally included in an individual's income under paragraph 6(1)(b) unless one of the exceptions in subparagraphs 6(1)(b)(vii) and (vii.1) or subsection 6(6) applies.
An expense reimbursement or allowance paid to an employee to cover the costs of travel between the employee's residence and the workplace is taxable. However, a reimbursement of accommodation and transportation expenses where an employee is temporarily assigned to a territory other than the employee’s normal home base will generally not be required to be included in the employee's income. Where an employer requires an employee to travel from the employee’s residence to a location other than the employee's regular place of work, such travel is generally considered to be in the course of an office or employment.
Should the employee receive an allowance rather than a reimbursement, the allowance would generally be required to be included in the employee's employment income by virtue of paragraph 6(1)(b).
However, in general, a reasonable allowance received by an employee for travelling expenses incurred in the course of the office or employment may not be taxable under subparagraph 6(1)(b)(v), (vii) or (vii.1).
Subsection 6(6) could also permit the exemption of allowances paid to employees. Subsection 6(6) indicates that, in certain circumstances, reimbursements or allowances not exceeding a reasonable amount in respect of such expenses paid to an employee for board and lodging and for certain travelling expenses during a particular period at a special work site are excluded from income. It should be noted that, generally, to be reasonable, an allowance must be comparable to the actual expenses it covers.
The special work site must be a place where the work performed by the employee was work of a temporary nature where, inter alia, the employee maintained at another location a self-contained domestic establishment as the employee’s principal place of residence that was, throughout the period, available for the employee’s occupancy and was not rented by the employee to any other person. In addition, the employee could not reasonably be expected to have returned to that self-contained domestic establishment on a daily basis by reason of the distance between the establishment and the work site. There is also a requirement that the period during which the employee's work required the employee to be away from or at the work site was at least 36 hours.
Question 5
You are asking whether an allowance paid by an employer for meals and related expenses incurred by employees temporarily assigned to a territory other than the home base is a taxable benefit to be included in the income of those employees.
Comments
The determination of whether or not an allowance paid to an employee by the employer is taxable is a question of fact that must be analyzed according to the facts of each particular situation. An allowance is generally included in computing employment income under paragraph 6(1)(b). On the other hand, a reasonable allowance received by an employee for travelling expenses in the course of the office or employment may be non-taxable under subparagraph 6(1)(b)(v) or (vii) or under subsection 6(6).
Best regards,
Randy Hewlett
Manager
for the Director
Ontario Corporate Tax Division
Income Tax Rulings Directorate
Legislative Policy and Regulatory Affairs Branch.
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