Subsection 100(1)
Employee
See Also
Agence du revenu du Québec v. Distributions Maroline Inc., 2022 QCCA 1208
The taxpayer (“Maroline”) was assessed for failure to include rewards that it paid to salespersons employed by independent retailers in...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 100 - Subsection 100(4) | a Quebec employer must pay Quebec health and QPP premiums on rewards paid to a 3rd-party’s Ontario employees | 421 |
Employer
See Also
Dare Human Resources Corporation v. Ontario (Revenue), 2019 ONCA 549
The appellants were placement agencies who supplied temporary workers to the Public Service of Canada and federal agencies. When these clients...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) | payor of remuneration was the employer | 186 |
Des Groseillers v. Agence du revenu du Québec, 2019 QCCQ 1430, rev'd 2021 QCCA 906
All the shares of an operating corporation (“ATBM”) were held by a publicly-listed holding company (“BMTC”). ATBM paid the attendance fees...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(b) | no s. 7(1)(b) application to option cash-out amount assignments | 514 |
| Tax Topics - Income Tax Act - Section 7 - Subsection 7(3) - Paragraph 7(3)(a) | no s. 69(1)(b) application to s. 7(1)(b) dispositions | 393 |
Administrative Policy
20 February 2008 External T.I. 2007-0232621E5 F - Pourboires versés électroniquement
Regarding a situation where one corporation is the employer of waiters and a related corporation handles the electronic payment of the tips to...
Remuneration
See Also
Coopers & Lybrand Limitéé v. MNR, 94 D.T.C 1626, [1994] 2 CTC 2244 (TCC)
The appellant took possession on November 4, 1981 of the business of a debtor and, with the banks' authorization, paid the net amount of the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1.3) | 175 |
Administrative Policy
24 September 2015 External T.I. 2013-0495611E5 - Withholding on incentive payments to non-residents
A Canadian resident manufacturing corporation ("Canco") pays the non-resident employees ("Dealer Employees"), of non-resident dealers selling its...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(d) - Subparagraph 212(1)(d)(iii) | no withholding on payments based on sales warranties sold by dealers | 126 |
| Tax Topics - Income Tax Regulations - Regulation 200 - Subsection 200(1) | T4A reporting of payments to non-resident employee of 3rd party | 84 |
13 June 2003 TI
Where a lawyer, who is a member of a professional partnership, is a director of a corporation, the director's fees paid to him will not be subject...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(g) | 42 |
7 December 2009 External T.I. 2009-0344691E5 F - Versement d'un droit salarial
Teachers accrue a salary entitlement over the school year but are paid on an even instalment basis over the full 12 months that include their...
8 October 1996 T.I. 962701 (C.T.O. "Loss of Employment, Mental Distress, Damages")
Reimbursements of the legal fees incurred in a wrongful dismissal action are not "remuneration".
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Retiring Allowance | 111 | |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(l.1) | 65 |
24 May 2007 External T.I. 2006-0209081E5 F - Withholding Source Deductions - Trustee Fees
The trustees of a REIT (who in that regard were not acting in the course of a business) received fees from the REIT equaling $20,000 per year,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Office | fees if trustees of REIT based partly on the number of meetings they attended were from an office | 136 |
15 September 2000 Internal T.I. 2000-0038337 F - RETENUES A LA SOURCE-REMUNERATION
After the completion of bankruptcy proceedings for a corporation, the directors were sued for unpaid employee remuneration and agreed to pay...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) | directors’ settlement of liability for unpaid remuneration of bankrupt corporation was subject to s. 153(1)(a) withholding | 129 |
18 June 1993 T.I. (Tax Window, No. 32, p. 10, ¶2603)
A plan under which sick leave benefits to which an employee is entitled under the terms of an employment contract or collective agreement are paid...
4 February 1993 Memorandum (Tax Window, No. 29, p.18, ¶2425)
Payments made by an employer to an employee profit sharing plan are subject to source deductions.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) | 30 |
Ladd, "Verification and Collection Issues", 83 C.R., p. 771
Although RC's position is that "payment" is to be read in a broader context than a mere exchange of cash, RC recognizes that it would be...
Paragraph (h)
Administrative Policy
12 February 2007 External T.I. 2006-0205981E5 F - DAS programme de soutien financier pour handicapés
A not-for-profit organization ("NPO") receives funds from the federal Opportunities Fund for Persons with Disabilities program of Human Resources...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(r) | assistance paid to those with disabilities to assisting taking up employment came within s. 56(1)(r) | 94 |
Subsection 100(3)
Paragraph 100(3)(c)
Administrative Policy
9 June 2017 External T.I. 2017-0700961E5 F - Retenues à la source
On his retirement in 2017, the beneficiary (X) of a retirement compensation arrangement (RCA) set up by his employer was entitled to receive a...
31 January 2006 External T.I. 2006-0167501E5 F - Retenues à la source
Regarding satisfaction of the “believes on reasonable grounds” requirement where there is a direct transfer of an amount from a retirement...
22 December 2005 External T.I. 2005-0151091E5 F - Allocation de retraite - retenue à la source
In response to a query as to whether the correspondent’s notice of assessment must be provided to the employer so that it can pay the retiring...
Subsection 100(4)
See Also
Agence du revenu du Québec v. Distributions Maroline Inc., 2022 QCCA 1208
The taxpayer (“Maroline”) was assessed for failure to include rewards that it paid to salespersons employed by independent retailers in...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 100 - Subsection 100(1) - Employee | employees of 3rd party were deemed employees of Quebec company who made reward payments to them directly | 262 |
Administrative Policy
9 July 2020 Internal T.I. 2020-0854701I7 - Withholdings from CERB/CSB payments
The Directorate found that the source deduction requirements (including graduated rates) under Reg. 102(1) applied to Canada emergency response...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 102 - Subsection 102(1) | CERB and CESB payments are deemed remuneration for source deduction purposes | 125 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(r) | CERB and CESB payments are government assistance | 58 |
21 July 1992 Memorandum 921453 (January - February 1993 Access Letter, p. 34, ¶C144-197)
An establishment of an employer would have many of the same characteristics as that of a permanent establishment, as defined in Regulation 400(2).
14 May 1991 T.I. (Tax Window, No. 3, p. 10, ¶1237)
Where a U.S. corporation sends its employees to a Canadian subsidiary for work assignments, and the employees report for work at the Canadian...
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|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 5 | 64 |
Paragraph 100(4)(a)
Administrative Policy
25 November 2021 CTF Roundtable Q. 10, 2021-0911861C6 - Regulation 100(4)(a) and Payroll Deductions
Mr. Y, pre-pandemic, had reported to work at the PEI office of a national company and then, with the pandemic, commenced to work remotely from his...