Jul 19, 2017
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“EPSP’s do not work in all situations.”
There have been a number of recent publications stating that Employees Profit Sharing Plans (“EPSP’s”) are a good way to avoid paying Canada Pension Plan payments relating to salaries.
Section 144 of the Income Tax Act states that the payments to an EPSP must be computed by reference to an employer’s profits from the employer’s business. As well, the trustee is required to annually allocate the contributions received to the beneficiaries of the trust. The CRA has recently reviewed a number of EPSP’s and has raised some concerns.
There are a number of situations where the only beneficiary of the trust is the shareholder/manager of the company. The CRA is challenging these situations. The CRA’s view is that these plans are improperly administered for reasons such as those listed below:
Based on the above comments, the CRA is reassessing corporations for CPP and related interest.
This appears to be a “project” that the CRA has undertaken. Careful review should be made of all EPSP’s to ensure that they meet the necessary tests.
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The material provided in Tax Tip of the Week is believed to be accurate and reliable as of the date it is written. Tax laws are complex and are subject to frequent change. Professional advice should always be sought before implementing any tax planning arrangements. Neither the Tax Specialist Group nor any member firm can accept any liability for the tax consequences that may result from acting based on the contents hereof.
TAX TIP is provided as a free service to clients and friends of Cadesky Tax.
The material provided in Tax Tip is believed to be accurate and reliable as of the date of posting. Tax laws are complex and are subject to frequent change. Professional advice should always be sought before implementing any tax planning arrangements. Cadesky Tax cannot accept any liability for the tax consequences that may result from acting based on the contents hereof.