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When the Canada Pension Plan was put in place on January 1,1966, it was a relatively simple retirement savings model. Working Canadians started making contributions to the CPP when they turned 18 years of age and continued making those contributions throughout their working life. Those who had contributed could start receiving CPP on retirement, usually at the age of 65. Once an individual was receiving retirement benefits, he or she was not required (or allowed) to make further contributions to the CPP. The CPP retirement benefit for which that individual was eligible therefore could not increase (except for inflationary increases) after that point.

Retirement looks a lot different now than it did it 1966, and the Canada Pension Plan has evolved and changed to recognize those differences. What that means for the average Canadian is much more flexibility in determining how to structure both their contributions to the CPP and their receipt of CPP retirement benefits.

While greater flexibility in retirement income planning is always a good thing, having that flexibility comes at a price of greater complexity when it comes to determining which choices are the right ones in one’s particular circumstances. And one of the decisions which must be made, when it comes to CPP, is whether and when it might made sense to stop making CPP contributions.

The need to make that choice arises where a decision is made to continue to stay in the work force, whether on a part-time or full-time basis, even after beginning to receive CPP retirement benefits. While it has always been possible to work while receiving such benefits, it was, until 2012, not possible to make CPP contributions related to that work. A change made in that year, however, allowed individuals who continued to work while receiving the CPP retirement benefit to also continue to contribute to the Canada Pension Plan and, as a result, increase the amount of CPP retirement benefit they received each month. That benefit is the CPP Post-Retirement Benefit or PRB.

The rules governing the PRB differ, depending on the age of the taxpayer. In a nutshell, an individual who has chosen to begin receiving the CPP retirement benefit but who continues to work will be subject to the following rules:

Individuals who are 60 to 65 years of age and continue to work are required to continue making CPP contributions.
Individuals who are 65 to 70 years of age and continue to work can choose not to make CPP contributions. To stop contributing, such an individual must fill out Form CPT30, Election to Stop Contributing to the Canada Pension Plan, or Revocation of a Prior Election, which can be found at https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt30.html.
A copy of that form must be given to the individual’s employer and the original sent to the Canada Revenue Agency (CRA). An individual who has more than one employer must make the same choice (to continue to contribute or to cease contributions) for all employers and must provide a copy of Form CPT30 to each.
A decision to stop contributing can be changed, and contributions resumed. To make that change, the individual must complete section D of Form CPT30, give one copy of the form to his or her employer, and send the original to the CRA
Individuals who are over the age of 70 and are still working cannot contribute to the CPP.

Overall, the effect of these new rules is that CPP retirement benefit recipients who are still working and who are under age 65, as well as those who are between 65 and 70 and choose not to opt out, will continue to make contributions to the CPP system and will continue therefore to earn new credits under that system. As a result, the amount of retirement benefits which they are entitled to will increase with each year’s additional contributions.

Where an individual makes CPP contributions while working and receiving CPP retirement benefits, the amount of any CPP PRB earned will automatically be calculated by the federal government, and the individual will be advised of any increase in that monthly CPP retirement benefit each year. The PRB will be paid to that individual automatically the year after the contributions are made, effective January 1 of every year. Since the federal government needs information about employer contributions made, the first annual payment of the PRB is usually issued in early April and includes a lump sum amount representing benefits back to January of that year. Thereafter, the PRB is paid monthly and the PRB amount is added to the individual’s CPP retirement benefit amount and issued as a single payment.

While the rules governing the PRB can seem complex (and certainly the actuarial calculations are), the individual doesn’t have to concern him or herself with those technical details. For CPP retirement benefit recipients who are under age 65 or over 70, there is no decision to be made. For the former, CPP contributions will be automatically deducted from their paycheques and for the latter, no such contributions are allowed.

Individuals in the middle group — aged 65 to 70 — will need to make a decision about whether it makes sense, in their individual circumstances, to continue making contributions to the CPP. Some assistance in making that decision is provided on the federal government website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-post-retirement/benefit-amount.html, which shows the calculations which would apply for individuals of different ages and income levels.

More information on the PRB generally is also available on that website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-post-retirement.html.

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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Just over a decade ago, it was possible to buy a home in Canada with no down payment — financing 100% of the purchase price — and extending the repayment period for that borrowing over a 40-year period.

A lot has changed since then and one of those changes has been a steady tightening of the rules governing mortgage financing in Canada, especially for mortgages guaranteed by the Canada Mortgage and Housing Corporation (CMHC). The latest such set of changes will take effect on July 1, 2020.

To understand those changes, a bit of background is required. When Canadians buy a home, they must provide a percentage of the purchase price as a down payment. Where the purchase price of the home is $500,000 or less, the minimum down payment is 5%. However, where the down payment made on such a home is less than 20% of the purchase price, there is a requirement to obtain mortgage default insurance. While there are private companies which provide such insurance, in many cases the insurer is CMHC.

Although the borrower/home purchaser pays the premiums on the mortgage default insurance issued by CMHC, it’s actually the lender (usually a bank or other financial institution) who is protected. Essentially, CMHC guarantees that if the homebuyer defaults on his or her mortgage obligations, the Agency will step in to limit any losses incurred by the lender.

Like all insurance providers, CMHC imposes requirements on those who apply for mortgage default insurance and it is those requirements which will change on July 1 (effective for any new applications made on or after that date).

As of July 1, the following new requirements will apply.

New limits on the amount of non-mortgage debt which prospective homeowners can carry

Most Canadians carry debt in some form besides their mortgage debt (car loans, credit cards, lines of credit, etc.), and that non-mortgage debt is factored into the determination of the credit-worthiness of the mortgage insurance applicant. There are two measurements used — Gross Debt Service (GDS) and Total Debt Service (TDS). The first (the GDS) is a measure of housing costs, and includes mortgage payments, property taxes, heating and, where applicable, condominium fees. The second measurement (the TDS) includes housing costs plus all other debt-related payments. In each case, the total amount of debt-servicing obligations is measured as a percentage of gross household income.

The changes which take effect on July 1 will place more stringent limits on the amount of both housing and non-housing debt costs which applicants can have. Prior to July 1, CMHC requirements were that GDS and TDS for an applicant should be no more than 39% and 44% respectively — that is, GDS of no more than 39% of gross household income and TDS of no more than 44% of gross household income. For new applications made after June 30, those numbers will tighten, and applicants will be required to have GDS and TDS ratios of no more than 35% and 42%, respectively. In other words, housing costs which make up the GDS must be no more than 35% of gross household income and total debt servicing obligations which make up the TDS must be no more than 42% of gross household income.

A requirement that at least one of the prospective homeowners have a credit score of at least 680

Most Canadians are familiar with credit scores, which are widely used in assessing the credit-worthiness of an individual. Briefly, a credit score is a measure of both the amount of debt currently held by an individual and the individual’s past history in managing credit. A credit score can range from 300 to 900.

Previously, CMHC had required that applicants for mortgage default insurance have a credit score of at least 600. After June 30, that requirement will increase, as at least one member of the household will need to have a credit score of at least 680 to meet the CMHC’s requirements.

Changes to the rules around borrowing to obtain a down payment

While mortgage insurance applicants have been required to have a down payment of at least 5% (where the purchase price of the home is $500,000 or less) there have, to date, been no restrictions on how that down payment can be obtained. On July 1, for those seeking CMHC mortgage insurance, that will change.

Optimally, a down payment comes from the savings of the prospective home purchasers. However, it is not uncommon for that down payment to be obtained from other sources, including private borrowings (often from parents) or borrowings from other sources like lines of credit or even credit cards. Regardless of the source of the funds, CMHC was prepared to treat the borrowed down payment funds as an asset of the prospective home buyers. However, that policy will change and the new rule will be that where the down payment arises from borrowed funds (whatever their source) CMHC will no longer consider those funds to be an asset of the applicant — or, as set out in the CMHC announcement of the changes “[n]on-traditional sources of down payment that increase indebtedness will no longer be treated as equity for insurance purposes.”

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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While Canadians had an extended time this year to file their income tax returns for the 2019 tax year, the extended filing deadlines (June 1 for the majority of Canadians, and June 15 for self-employed individuals and their spouses) have passed and returns should be filed.

In most cases, the taxpayer files a return and then waits for a Notice of Assessment from the Canada Revenue Agency (CRA) letting them know whether the tax authorities are in agreement with the taxpayer’s information on his or her tax situation. And, in most of those cases the CRA will issue a Notice of Assessment indicating that the return is “assessed as filed”, meaning that the CRA does agree with the information filed and tax result obtained by the taxpayer. While that’s the outcome everyone is hoping for, it’s a result which can go “off the rails” in any number of ways.

By the third week of June 2020, over 27 million individual income tax returns for the 2019 tax year had been filed with the CRA. And, inevitably, some of those returns contain errors or omissions that must be corrected — in 2019 the CRA received about 2 million requests for adjustment(s) to an already filed return.

Just over 90% of the returns which have already been filed for the 2019 tax year were filed through online filing methods, meaning that they were prepared using tax return preparation software. The use of such software significantly reduces the chance of making a clerical or arithmetic error, like entering an amount on the wrong line or adding a column of figures incorrectly. However, no matter how good the software, it can work only with the information that is provided to it. Sometimes taxpayers prepare and file a return, only to later receive a tax information slip that should have been included on that return. It’s also easy to make an inputting error when transposing figures from an information slip (a T4 from one’s employer, for instance) into the software, such that $49,505 in income becomes $45,905. Whatever the cause, where the figures input are incorrect or information is missing, those errors or omissions will be reflected in the final (incorrect) result produced by the software.

When the error or omission is discovered in a return which has already been filed, the question which immediately arises is how to make things right. The first impulse of many taxpayers is to file another return, in which the complete and correct information is provided, but that’s not the right answer. There are, however, several ways in which a mistake or omission on an already filed tax return can be corrected, including online options.

A few years ago the CRA introduced a new service called ReFILE, which allows taxpayers who filed their returns online (whether through NETFILE or EFILE) to advise the CRA electronically of an error or omission made in an already-filed return. The ReFILE service, which can be found at https://www.canada.ca/en/revenue-agency/services/e-services/e-services-businesses/refile-online-t1-adjustments-efile-service-providers.html, allows taxpayers to make such corrections online, on the CRA website.

Essentially, a taxpayer is able to file a correction to an already-filed return, using the same tax return preparation software that was used to prepare the return. Whether the return was filed using NETFILE or EFILE, adjustments for returns can be filed used ReFILE for any of the 2016, 2017, 2018, or 2019 taxation years.

There are limits to the ReFILE service. The online system will accept a maximum of 9 adjustments to a single return, and ReFILE cannot be used to make changes to personal information, like the taxpayer’s address or direct deposit details. There are also some types of tax matters which cannot be handled through ReFILE, like applying for a disability tax credit or child and family benefits.

It’s also possible to make a change or correction to a return using the CRA’s “My Account” service (through the “Change My Return” feature), but that choice is available only to taxpayers who have already registered for My Account. As well, the changes/corrections which can be made using ReFILE are the same as those which can be done through My Account, without the need to become registered for My Account, a process which takes a few weeks.

Taxpayers who wish to make changes or corrections which cannot be made through ReFILE or My Account (or those who just don’t wish to use the online option) can paper-file an adjustment to their return. The paper form to be used is Form T1-ADJ E, which can be found on the CRA website at https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/t1-adj/t1-adj-08-18e.pdf. Those who are unable to print the form off the website can order a copy to be sent to them by mail by calling the CRA’s individual income tax enquiries line at 1-800-959-8281. There is no limit to the number of changes or corrections which can be made using Form T1-ADJ E.

The use of the actual T1-ADJ E form isn’t mandatory — it’s also possible to file an adjustment request by sending a letter to the CRA — but using the prescribed form has two benefits. First, it makes clear to the CRA that an adjustment is being requested, and second, filling out the form will ensure that the CRA is provided with all the information needed to process the requested adjustment. And, whether the request is made using the T1 Adjustment form or by letter, it is necessary to include any relevant documents — the information slip summarizing the income not reported, or the receipt for an expense inadvertently not claimed.

Hard copy of a T1-ADJ E (or a letter) is filed by sending the completed document to the appropriate Tax Center, which is the one with which the tax return was originally filed. A listing of Tax Centres, and their addresses, can be found on the CRA website at https://www.canada.ca/en/revenue-agency/corporate/contact-information/tax-centres.html. A taxpayer who isn’t sure any more which Tax Centre his or her return was filed with can go to https://www.canada.ca/en/revenue-agency/corporate/contact-information/tax-services-offices-tax-centres.html on the CRA website and select his or her location from the listing found there. The address for the correct Tax Centre will then be provided. Similar information is also provided on page 2 of the T1ADJ form.

Where a taxpayer discovers an error or omission in a return already filed, the impulse is to correct that mistake as soon as possible. However, no matter which method is used to make the correction — ReFILE, My Account, or the filing of a T1-ADJ in hard copy, it is necessary to wait until the Notice of Assessment for the return already filed is received. Corrections to a return submitted prior to the time that return is assessed simply can’t be processed by the CRA.

Once the Notice of Assessment is received, and an adjustment request is made, it will take at least a few weeks, usually longer, before the CRA responds. The Agency’s usual estimate is that such requests which are submitted online have a turnaround time of about two weeks, while those which come in by mail take about eight weeks. However, the CRA has indicated, in a notice posted on its website, that it is experiencing “significant” delays this year in the processing of both paper-filed T1 tax returns and paper-filed T1 ADJ E requests. The notice did not indicate how long this delay might last.

Sometimes the CRA will contact the taxpayer, even before a return is assessed, to request further information, clarification, or documentation of deductions or credits claimed (for example, receipts documenting medical expenses claimed, or child care costs). Whatever the nature of the request, the best course of action is to respond promptly, and to provide the requested documents or information. The CRA can assess only on the basis of the information with which it is provided, and it is the taxpayer’s responsibility to provide support for any deduction or credit claims made. Where a request for information or supporting documentation for a claimed deduction or credit is ignored by the taxpayer, the assessment will proceed on the basis that such support does not exist. Providing the requested information or supporting documentation can usually resolve the question to the CRA’s satisfaction, and its assessment of the taxpayer’s return can then be completed.

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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While the standard (and accurate) advice is that tax and financial planning are best approached as activities to be carried on throughout the year, it’s also the case that a mid-year tax and financial checkup makes good sense, and that’s especially the case this year.

For most Canadians, 2020 has been a year of financial uncertainty and, in many cases, significant financial stress. Millions of Canadians became suddenly unemployed when pandemic-related states of emergency were declared in mid-March and businesses closed. Many others lost income when schools closed and they needed to stay home to care for their children. By June 21, 2020, the federal government had processed over 18 million applications for the Canada Emergency Response Benefit (CERB), the $500 per week benefit which was paid (and in some cases continues to be paid) to those who suffered a pandemic-related loss of income. Of those who received CERB benefits, some may be returning to work in the near future, while others may have no idea when (or whether) their former positions will become available to them again.

All of this makes for significant financial uncertainly. And while much of the near financial future for most Canadians may still be uncertain, it’s nonetheless both possible and advisable to take stock of one’s financial and tax position to date, especially in relation to the financial and tax changes resulting from the pandemic. The first step this year should be an assessment of how the financial consequences of the pandemic have affected one’s tax position for 2020.

Tax considerations for CERB recipients

Most of the millions of Canadians who received CERB benefits are likely unaware that such benefits represent taxable income for 2020 and that no income tax was deducted from benefits paid. That tax will have to be paid when the return for 2020 is filed in the spring of 2021.

The standard CERB benefit is $500 per week and such benefits may be received for a maximum of 24 weeks. Canadians who collect CERB for the maximum allowable 24-week period will therefore be paid $12,000. For those with incomes up to about $50,000 the federal tax rate levied on CERB amounts received will be 15%. Where a taxpayer’s income for this year is between $50,000 and $100,000 the applicable federal tax rate is 20.5%. Each province will also impose tax on CERB amounts, with the rate varying by province. A listing of federal, provincial, and territorial tax rates for 2020 can be found on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/frequently-asked-questions-individuals/canadian-income-tax-rates-individuals-current-previous-years.html#provincial.

While no one likes to find out that a tax amount is owed when the annual tax return is filed, that will be especially unwelcome news to those who are already dealing with income loss from unemployment. The best course of action to avoid that scenario is to start now to make provision for the taxes which will be owed on CERB amounts received.

The simplest way to do so, of course, is to begin to set aside funds which will be needed to pay the tax bill next spring. However, as with most savings goals, it’s easier to make such a commitment than to fulfill it.

Taxpayers who have returned to work and are once again receiving a paycheque have another option — they can have the amount of tax withheld from that paycheque increased to cover the tax which will be payable on CERB amounts received. Usually, the employee can simply request that his or her employer increase the amount of tax withheld from each paycheque and remitted to the federal government on the employee’s behalf.

In some cases, taxpayers won’t be able to fulfill their tax obligations from current income sources and will have to dip into savings. Generally speaking, where there is a choice, it is best to use funds that are held in non-registered savings plans, like a savings account. Where such funds aren’t available, a withdrawal from a Tax-Free Savings Account is the next best option. Amounts withdrawn from a TFSA will not be included in taxable income and, where the withdrawal is made before the end of 2020, the amount withdrawn can be replaced, where finances allow, in 2021. Taking funds out of a registered retirement savings plan should be a last resort, as any amount withdrawn will be added to income and will itself increase the tax bill for the year and, unlike a TFSA, amounts withdrawn from an RRSP cannot be replaced. Borrowing to pay taxes owed is an option, but taxpayers should be aware that interest paid on money borrowed for that purpose is not deductible.

Considerations for retirees

For those who are already retired, or those close to retirement, watching the value of their retirement savings take a sharp drop during the month of March was more than a little stressful. Recognizing the disproportionate effect that the market downturn had on such taxpayers, the federal government made some changes, for this year only, to help cushion the blow.

The changes announced affect those taxpayers over the age of 71 who have a Registered Retirement Income Fund (RRIF). The usual rules governing such RRIFs require that holders withdraw a specified percentage of the balance in the RRIF each year, with the required percentage based on the taxpayer’s age.

The difficulty which arose was that the rules require that the RRIF balance used to calculate the required withdrawal is the balance as of the beginning of the calendar year. For nearly every RRIF holder in Canada, that balance was much higher at the beginning of 2020 than it is now, so that the required withdrawal would represent a disproportionate share of RRIF. As well, where it was necessary to sell investments in order to make the withdrawal, those investments would have to be sold at a diminished, post-downturn value.

In recognition of all of these circumstances, the federal government announced that the required RRIF withdrawal would be reduced, for 2020 only, to 75% of the usual amount. For example, where a taxpayer would normally be required to withdraw $2,000 from his or her RRIF in 2020, the required withdrawal will now be $1,500.

There is no particular rule for when a taxpayer must make the required annual withdrawal from his or her RRIF. While some RRIF holders make that withdrawal at the beginning of the calendar year, others opt for monthly withdrawals throughout the year and still others wait until the last minute and make the required withdrawal at year end.

The rule change will have different impacts depending on how a particular taxpayer’s withdrawal is structured for this year. Perhaps most important, for those who made their full required 2020 withdrawal before the rule change was announced in March, it’s not possible to recontribute the “excess” 25%. Those who withdraw in equal monthly amounts throughout the year and who wish to reduce their 2020 withdrawal by the allowable 25% can take steps to adjust that monthly withdrawal to reflect the reduced amount and, of course, those who withdraw at the end of year can similarly change their planned withdrawal.

It’s important to remember two points: first, there is no requirement that RRIF holders alter their withdrawal amounts for 2020. The option to reduce the usual required withdrawal by 25% is just that — an option. Those whose cash flow requirements can accommodate a reduced withdrawal can take advantage of the available option while others who may need the funds to meet living expenses can make the full withdrawal as originally planned. Second, in all cases any withdrawals made from a RRIF are taxable income to the RRIF holder. Examples of how the change will apply can be found on the federal government website at https://www.canada.ca/en/revenue-agency/services/tax/registered-plans-administrators/registered-retirement-savings-plans-registered-retirement-income-funds-rrsps-rrifs/economic-statement-measure-annuitants-rrsp-rrif.html.

Finally, there is another bit of good tax news for retirees this year. In July, all Canadians who currently receive Old Age Security benefits will receive an additional one-time payment of $300 to help offset additional costs they may have incurred as the result of the pandemic. Those OAS recipients who also qualify for the Guaranteed Income Supplement will receive a one-time payment of $500. While OAS amounts received are usually included in taxable income, this one-time supplement of $300 or $500 will be tax-free.

Although we’re just halfway through the calendar year, 2020 has already been a very stressful year for many Canadians from a financial perspective. Planning now to take account of changed financial and tax circumstances arising from the current situation will help ensure that those stresses don’t included an unexpected tax headache.

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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Although the filing deadline for individual income tax returns for the 2019 tax year has been extended to June 1, 2020, millions of Canadians have nonetheless already filed those returns. Specifically, by May 19, 2020, the Canada Revenue Agency (CRA) had processed just over 20 million individual income tax returns filed for the 2019 tax year. Just over 13 million of those returns resulted in a refund to the taxpayer, while just over 3 million resulted in a tax balance owed by the taxpayer.

No matter when or how a return is filed, or the outcome of the filing, all returns filed with and processed by the CRA have one thing in common — they result in the issuance of a Notice of Assessment (NOA) by the Agency, outlining the taxpayer’s income, deductions, credits, and tax payable for the 2019 tax year.

In most cases, the information contained in the NOA is the same as that provided by the taxpayer in his or her return, perhaps with a few arithmetical corrections made by the CRA. In a minority of cases, the information presented in the NOA will differ from that provided by the taxpayer in the return. Where that difference means an unanticipated refund, or a larger refund than expected, it’s a happy day for the taxpayer. In some cases, however, the NOA will inform the taxpayer that additional amounts are owed to the CRA.

When that happens, the taxpayer must figure out why, and to decide whether or not to dispute the CRA’s conclusions. Many such discrepancies are the result of an error made by the taxpayer in completing the return. A lot of information from a variety of sources is reported on even the most straightforward of returns and it’s easy to overlook, for instance, a T5 slip reporting a small amount of interest income earned. Even where tax software is used to prepare the return, errors can still occur. Such tax software relies, in the first instance, on information input by the user with respect to amounts found on T4, T5 and other information slips. No matter how good the software, it can’t account for income information which the taxpayer hasn’t provided. In other cases, the taxpayer might transpose figures when entering them, such that an income amount of $26,353 on the T4 becomes $23,653 on the tax return. Once again, the tax software has no way of knowing that the information input was incorrect, and calculates tax owing on the basis of the figures provided.

Where there is additional tax owing because of an error or omission made by the taxpayer in completing the return, and the CRA’s figures are correct, disputing the assessment doesn’t really make sense. There is, as well, a persistent tax “myth” that if a taxpayer doesn’t receive an information slip (T4 or T5, as the case might be) for income received during the year, that income doesn’t have to be reported and therefore isn’t taxable. The myth, however, is just that. All taxpayers are responsible for reporting all income received and paying tax on that income, and the fact that an information slip was lost, mislaid, or never received doesn’t change anything. The CRA receives a copy of all information slips issued to Canadian taxpayers, and its systems will cross-check to ensure that all income is accurately reported.

There are, however, instances in which the CRA and the taxpayer are in disagreement over substantive issues, and those issues most often involve claims for deductions or credits. For instance, the CRA may have disallowed an individual’s claim for a medical expense, or for a deduction claimed for a business expenditure, which the taxpayer believes to be legitimate.

Whatever the nature of the dispute, the first step is always to contact the CRA for an explanation of the reasons why the change was made. While the information provided in the NOA is a good summary of the taxpayer’s tax situation for the year, it may not provide the detail to show precisely how and why the taxpayer and the CRA disagree on the actual amount of income tax which the taxpayer must pay for the year. The first step to be taken would be a call to the Individual Income Tax Enquiries line at 1-800-959-8281, where agents have access to the taxpayer’s return and can explain any changes which were made during the assessment process. If that call doesn’t resolve the taxpayer’s questions, or there is still a disagreement, the taxpayer has to decide whether to take the next step of filing a formal objection to the Notice of Assessment.

Doing so formally advises the CRA that the taxpayer is disputing his or her tax liability for the taxation year in question. Not incidentally, the filing of an Objection also brings to a halt most efforts undertaken by the CRA to collect taxes which it considers owing for the taxation year under dispute (although, if the taxpayer is eventually found to owe the amount in dispute, interest will have accumulated in the interim). Where the taxpayer files an Objection, the CRA’s collection efforts are suspended until 90 days after the date the CRA’s decision on that Objection is sent to the taxpayer. In some cases, however, those collection efforts will not be brought to a halt, in whole or in part. Tax collection efforts by the CRA are not deferred where the amounts in dispute are those which the taxpayer was required to withhold and remit to the CRA, such as employee income tax deductions at source. As well, the CRA is required to postpone collection action on only 50% of the amount in dispute where that dispute involves a charitable donation tax credit or deduction claimed in connection with a tax shelter arrangement. As a practical matter, however, the CRA has currently suspended all of its regular collection activities as a result of the pandemic. Nonetheless, the rules outlined above still apply and will be enforced when those collection activities resume.

There is a time limit by which any Objection must be filed, albeit a reasonably generous one. Individual taxpayers must file an Objection by the later of 90 days from the mailing date of the Notice of Assessment (the date found at the top of page 1) or one year from the due date of the return which is being disputed. So, for tax returns for the 2019 tax year, the one-year deadline (which is usually, but not always, the later of those two dates) would be June 1, 2021 (or June 15, 2021 for self-employed taxpayers and their spouses). As with most things related to taxes, it’s best not to put it off. At the very least, if the taxpayer is ultimately found to owe some or all of the taxes assessed by the CRA, interest will have accrued on those taxes for the entire period since the filing due date. Certainly, if the deadline is imminent, it’s necessary to file a Notice of Objection in order to preserve the taxpayer’s appeal rights, even if discussions with the CRA are still ongoing.

Taxpayers who have registered with the CRA’s online services feature My Account can file their Notice of Objection online at http://www.cra-arc.gc.ca/esrvc-srvce/tx/ndvdls/myccnt/menu-eng.html.The taxpayer provides information with respect to the assessment being disputed and the reasons why the assessment is being disputed and submits those reasons by clicking on the Submit button at the bottom of the "Register my formal dispute — review" page. Taxpayers who are disputing their tax assessment can also upload supporting documents relating to that dispute to the CRA's website.

While filing a dispute through My Account is certainly faster than mailing hard copy of the Notice of Objection, not all taxpayers want to use that option. In particular, those who are not already registered with My Account may not wish to undertake the registration process simply in order to file a single Notice of Objection. Taxpayers who choose instead to mail hard copy of a Notice of Objection can find the most current version of the CRA’s standardized T400A Objection on the Agency’s website at https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/t400a/t400a-09-18e.pdf.

Taxpayers aren’t obligated to use the CRA’s official Notice of Objection form — any communication which makes it clear that the taxpayer is objecting to his or her Notice of Assessment will do. Nonetheless, there’s no reason not to use the standardized form, and there are benefits to doing so. Using the Form T400A will make it clear to the CRA that a formal objection is being filed, will present the necessary information in a format with which the Agency is familiar, and will also mean that no required information is inadvertently omitted. It is also helpful to include a copy of the Notice of Assessment which is being disputed. Taxpayers should also consider ensuring proof of both delivery and time of delivery by sending the form in a way which provides for tracking and proof of delivery (e.g., registered mail or courier).

Taxpayers whose postal code begins with letters A to P should send their documents to the Eastern Appeals Intake Centre, while objections file by those with postal codes beginning with letters R to Y should be sent to the Western Appeals Intake Centre. The addresses for the two centres are as follows.

Chief of Appeals

Eastern Appeals Intake Centre

North Central Ontario TSO

1050 Notre Dame Avenue,

Sudbury ON P3A 5C1

Chief of Appeals

Western Appeals Intake Centre

Fraser Valley and Northern TSO, 2nd floor,

9755 King George Boulevard,

Surrey BC V3T 5E1

The CRA has posted a notice on its website indicating that, during the current pandemic, taxpayers can fax their Notices of Objection to the Appeals Eastern Intake Centre at 1-866-443-4955 or (705) 670-6649.

It’s also possible to contact either of the Appeals Intake Centres by phone or fax, and those phone and fax numbers for both can be found at https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/complaints-disputes/complexity-level-processing-time.html.

The time required for the CRA to consider the objection and make its decision ranges from several weeks to several months, depending on the number and complexity of the issues involved. Eventually, however, the CRA will respond to the Objection. In the course of making its decision, the Agency may or may not contact the taxpayer for further discussions of the issues in dispute. Should the taxpayer be contacted, he or she may be asked to provide representations outlining his or her position, in writing or at a meeting. Through such representations and meetings, it may be possible for the taxpayer and the CRA to come to an agreement on the taxpayer’s tax liability. In either case, the CRA will either confirm its original assessment or change it. If the original assessment is changed, the CRA will issue a Notice of Reassessment outlining the changes. If the taxpayer continues to disagree with the CRA’s position, the next step is an appeal to the Tax Court of Canada, which must be filed within 90 days after the CRA issues its assessment or reassessment. While in many instances (generally where amounts in dispute are relatively small) taxpayers can represent themselves before the Tax Court, it is generally a good idea, once things reach this point, to consult a tax lawyer before taking that next step.

The CRA also publishes a useful pamphlet entitled Resolving Your Dispute: Objection and Appeal Rights under the Income Tax Act, and the most recent release of that publication can be found on the CRA website at https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/p148/p148-resolving-your-dispute-objection-appeal-rights-under-income-tax-act.html.

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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Although we’re not even halfway through the calendar, 2020 has already been a year of significant financial upheaval and stress for millions of Canadians. The number of employed Canadians fell by one million during the month of March 2020 — and then by another two million during the month of April.

While the impact of sudden unemployment, or reduced hours, was mitigated somewhat by the availability of a number of federal and provincial benefits, those benefits can, at most, cushion the financial shock for Canadians who may not know when or if they will be returning to work.

Given the circumstances, it’s very likely that the number of Canadians who won’t be able pay their tax bill this year on time and in full will be significantly increased. Where resources are scarce most Canadians will, quite reasonably, allocate those resources first to the necessities of food and shelter. Even those who have the financial resources to pay their taxes in full may be reluctant to use up limited resources on tax payments when their employment and financial future are uncertain.

In most years, the filing and payment deadline for Canadian taxpayers (other than the self-employed and their spouses) is the same day — April 30. This year, a tax balance owed for 2019 doesn’t have to be paid until September 1. However, the filing deadline for individual income tax returns for 2019 is June 1, 2020, so taxpayers who have a balance owing for 2019 will know that by the beginning of June.

While, like most creditors, the Canada Revenue Agency (CRA) would rather get paid on time and in full, its ultimate goal is to collect the full amount of taxes owed. If a tax bill can’t be paid in full out of either current resources or through private borrowing, the CRA is open to making a payment arrangement with the taxpayer, meaning that the amount will be paid over time.

There are two avenues available to taxpayers who want to propose such a payment arrangement. The first is a call to the CRA’s automated TeleArrangement service at 1-866-256-1147. When making such a call, it is necessary for the taxpayer to provide his or her social insurance number, date of birth, and the amount entered on line 15000 of the last tax return for which the taxpayer received a Notice of Assessment. (For taxpayers who are up to date on their tax filings, that will be the Notice of Assessment for the return for the 2018 tax year). The TeleArrangement Service is available Monday to Friday, from 7 a.m. to 10 p.m., Eastern time.

In ordinary times, taxpayers who would rather speak directly to a CRA employee would be able to call the Agency’s Debt Management Call Centre at 1-888-863-8657, but that Centre is currently closed due to the pandemic. Taxpayers can, however, still complete an online form (available at https://apps.cra-arc.gc.ca/ebci/iesl/showClickToTalkForm.action) requesting a callback from a CRA agent.

The CRA also provides an online tool, in the form of a Payment arrangement calculator (available at https://apps.cra-arc.gc.ca/ebci/recc/pac/prot/welcome?request_locale=en_CA), which allows the taxpayer to calculate different payment proposals, depending on his or her circumstances). That calculator includes interest charges since, no matter what payment arrangement is made, the CRA will levy interest charges on any amount of tax owed for the 2019 tax year which is not paid on or before September 1, 2020. Interest charges levied by the CRA tend to add up quickly, for two reasons. First, the interest charged by the CRA on outstanding tax amounts is, by law, higher than current commercial rates. For the second quarter of 2020 (April 1 to June 30), that rate is 6%. Second, interest charges levied by the CRA are compounded daily, meaning that each day interest is levied on the previous day’s interest charges. It is for these reasons that a taxpayer is, where at all possible, likely better off arranging private borrowing in order to pay any taxes owing by the September 1 deadline.

Finally, there is one strategy which is, in all circumstances, a bad one. Taxpayers who can’t pay their tax bill sometimes conclude that there is no point in filing if payment can’t be made. Those taxpayers are wrong. Where an amount of tax is owed and the return isn’t filed on time, there is an immediate tax penalty of 5% imposed on the outstanding tax amount — and interest charges start accruing on that penalty amount (as well as on the outstanding tax balance) immediately. For each month that the return isn’t filed, a further penalty of 1% of the outstanding tax amount is charged, to a maximum of 12 months. Higher penalty amounts are charged, for a longer period, where the taxpayer has incurred a late-filing penalty within the past three years. In a worst-case scenario, the total penalty charges can be 50% of the tax amount owed — and that doesn’t count the compound interest, which is levied on all penalty amounts as well as on all unpaid taxes. Taxpayers are at least catching something of a break this year as the CRA has, in recognition of the unusual circumstances, indicated that although returns are due on or before June 1, late-filing penalties will only be assessed where a return is not filed by the payment deadline of September 1, 2020.

In all cases, regardless of the payment or filing deadline and no matter what the circumstances or amount owed, the right answer is to file one’s tax return on time and, if payment of taxes owed can’t be made, to get in touch with the CRA as soon as possible to make a payment arrangement.

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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Since mid-March, the federal and provincial governments have announced the creation of numerous programs to help both individuals and Canadian businesses with the financial fallout of the current pandemic. Of those programs, none has had a more direct impact on the lives of Canadians than the Canada Emergency Response Benefit, or CERB. As of mid-May, more than 8 million Canadians have applied for the benefit, and more than $40 billion has been paid out under the CERB program.

The basic structure of the CERB is that qualifying individuals may receive $500 per week for a maximum of 16 weeks, and there is no waiting period. In order to qualify for the CERB, an individual must:

reside in Canada and at least 15 years old;
have stopped working because of reasons related to COVID-19 or are eligible for Employment Insurance regular or sickness benefits or have exhausted their Employment Insurance regular benefits between December 29, 2019 and October 3, 2020;
have had employment and/or self-employment income of at least $5,000 in 2019 or in the 12 months prior to the date of their application; and,
have not quit their job voluntarily.

It’s important to note that the requirement of having stopped working does not mean that an individual must be no longer employed. Those who have been laid off as a result of the pandemic, or whose hours have been reduced, may also qualify for the CERB where the other requirements are met.

In addition, while many individuals who apply for the CERB will do so because of a loss in income related to a job loss or reduction in hours, eligibility for the benefit is not limited to those circumstances. Specifically, individuals in the following situations may also be eligible to receive the CERB:

those who are in quarantine or sick due to COVID-19;
those who are taking care of others because they are in quarantine or sick due to COVID-19; and/or
those who are taking care of children or other dependants because their care facility is closed due to COVID-19.

Regardless of the eligibility criteria under which they qualify, CERB recipients receive $500 per week for a maximum of 16 weeks. There is also a limit on the amount of income which a recipient of CERB can earn while receiving the benefit. Each application for the benefit covers the subsequent four weeks, and the following rules apply with respect to allowable income levels during each 4-week period.

An individual cannot have earned more than $1,000 in employment and/or self-employment income for 14 or more consecutive days within the 4-week benefit period of his or her first claim.
For subsequent claims, the claimant cannot have earned more than $1,000 in employment and/or self-employment income for the entire 4-week benefit period of the new claim.

Amounts received through the CERB program are taxable income to the recipient, but tax is not deducted from payments made. Consequently, recipients will need to set aside funds for the tax which will need to be paid on amounts received when the return for 2020 is filed next spring.

The government recommends that an application for the CERB be made online at https://www.canada.ca/en/services/benefits/ei/cerb-application.html, and applications can be made until December 2, 2020, for payment on a retroactive basis. However, those who are unable to apply online can do so by calling 1-833-966-2099. In most cases, where the recipient receives the benefit by direct deposit to a bank account, that deposit is made within about three days. Where the payment is made by cheque, that cheque is mailed to the recipient.

As might be expected in the case of a benefit for which millions of Canadians are eligible, a number of questions have arisen with respect to eligibility and the interaction between the CERB and other federal benefit programs, like Employment Insurance, as well as its application to specific groups like students, seniors, and disabled persons. The federal government has created a lengthy FAQ document dealing with such queries and questions, and that FAQ document can be found at https://www.canada.ca/en/services/benefits/ei/cerb-application/questions.html#eligibility.

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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The Old Age Security program is the only aspect of Canada’s retirement income system which does not require a direct contribution from recipients of program benefits. Rather, the OAS program is funded through general tax revenues, and eligibility to receive OAS is based solely on Canadian residency. Anyone who is 65 years of age or older and has lived in Canada for at least 40 years after the age of 18 is eligible to receive the maximum benefit. For the second quarter of 2020 (April to June 2020), that maximum monthly benefit is $613.53.

For many years, OAS was automatically paid to eligible recipients once they reached the age of 65. However, since July 2013 Canadians who are eligible to receive OAS benefits have been able to defer receipt of those benefits for up to five years, when they turn 70 years of age. For each month that an individual Canadian defers receipt of those benefits, the amount of benefit eventually received would increase by 0.6%. The longer the period of deferral, the greater the amount of monthly benefit eventually received. Where receipt of OAS benefits is deferred for a full 5 years, until age 70, the monthly benefit received is increased by 36%.

It can, however, be difficult to determine, on an individual basis, whether and to what extent it would make sense to defer receipt of OAS benefits. Some of the difficulty in deciding whether to defer — and for how long — lies in the fact there are no hard and fast rules, and the decision is very much an individual one. Fortunately, however, there are a number of factors which each individual can consider when making that decision.

The first such factor is how much total income will be required, at the age of 65, to finance current needs. It is also necessary to determine what other sources of income (employment income from full-time or part-time work, Canada Pension Plan retirement benefits, employer-sponsored pension plan benefits, annuity payments, and withdrawals from registered retirement savings plans (RRSPs) and registered retirement income fund (RRIFs)) are available to meet those needs, both currently and in the future, and when receipt of those income amounts can or will commence or cease. Once income needs and the sources and possible timing of each is clear, it is necessary to consider the income tax implications of the structuring and timing of those sources of income. The ultimate goal, as it is at any age, is to ensure sufficient income to finance a comfortable lifestyle while at the same time minimizing both the tax bite and the potential loss of tax credits.

In making those calculations, the following income tax thresholds and benefit cut-off figures are a starting point.

Income in the first federal tax bracket is taxed at 15%, while income in the second bracket is taxed at 20.5%. For 2020, that second income tax bracket begins when taxable income reaches $48,535.
The Canadian tax system provides (for 2020) a non-refundable tax credit of $7,637 for taxpayers who are over the age of 65 at the end of the tax year. That amount of that credit is reduced once the taxpayer’s net income for the year exceeds $38,508.
Individuals can receive a GST/HST refundable tax credit, which is paid quarterly. For 2020, the full credit is payable to individual taxpayers whose family net income is less than $38,507.
Taxpayers who receive Old Age Security benefits and have income over a specified amount are required to repay a portion of those benefits, through a mechanism known as the “OAS recovery tax”, or clawback. For 2020, taxpayers whose prior year income was more than $79,054 will have a portion of their OAS benefit entitlement “clawed back”.

What other sources of income are currently available?

More and more, Canadians are not automatically leaving the work force at the age of 65. Those who continue to work at paid employment and whose employment income is sufficient to finance their chosen lifestyle may well prefer to defer receipt of OAS. Similarly, a taxpayer who begins receiving benefits from an employer’s pension plan when he or she turns 65, may be able to postpone receipt of OAS benefits.

Is the taxpayer eligible for Canada Pension Plan retirement benefits, and at what age will those benefits commence?

Nearly all Canadians who were employed or self-employed after the age of 18 paid into the Canada Pension Plan and are eligible to receive CPP retirement benefits. While such retirement benefits can be received as early as age 60, receipt can also be deferred and received any time up to the age of 70. As is the case with OAS benefits, CPP retirement benefits increase with each month that receipt of those benefits is deferred. Taxpayers who are eligible for both OAS and CPP will need to consider the impact of accelerating or deferring the receipt of each benefit in structuring retirement income.

Does the taxpayer have private retirement savings through an RRSP?

Taxpayers who were not members of an employer-sponsored pension plan during their working lives generally save for retirement through a registered retirement savings plan (RRSP). While taxpayers can choose to withdraw amounts from such plans at any age, they are required to collapse their RRSPs by the end of the year in which they turn 71, and to begin receiving income from those savings. There are a number of options available for structuring that income, and, whatever the option chosen (usually, converting the RRSP into a registered retirement income fund or RRIF, or purchasing an annuity) will mean that the taxpayer will begin receiving income amounts from those RRSP funds in the following year. Taxpayers who have significant retirement savings in RRSPs should, in determining when to begin receiving OAS benefits, consider that they will have an additional (taxable) income amount for each year after they turn 71.

The ability to defer receipt of OAS benefits does provide Canadians with more flexibility when it comes to structuring retirement income. The price of that flexibility is increased complexity, particularly where, as is the case for most retirees, multiple sources of income and the timing of each of those income sources must be considered, and none can be considered in isolation from the others.

Individuals who are facing that decision-making process will find some assistance on the Service Canada website. That website provides a Retirement Income Calculator, which, based on information input by the user, will calculate the amount of OAS which would be payable at different ages. The calculator will also determine, based on current RRSP savings, the monthly income amount which those RRSP funds will provide during retirement. To use the calculator, it is necessary to know the amount of Canada Pension Plan benefit which will be received, and the taxpayer can obtain that information by calling Service Canada at 1-800-277-9914.The Retirement Income Calculator can be found at https://www.canada.ca/en/services/benefits/publicpensions/cpp/retirement-income-calculator.html.

A final note — during the current pandemic, Service Canada is strongly encouraging anyone who is applying for federal government benefits — including Old Age Security — do so online, through My Service Canada Account. While in normal circumstances, individuals may be required to provide supporting documentation for their OAS application, that requirement is being temporarily waived. Such documentation may be requested at a later date, but processing of the application will now begin without it. Information on My Service Canada Account, and on how to make an online application can be found at https://www.canada.ca/en/employment-social-development/services/my-account.html.

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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A generation ago, retirement was an event. Typically, an individual would leave the work force completely at age 65 and begin collecting Canada Pension Plan and Old Age Security benefits along with, in many cases, a pension from an employer-sponsored registered pension plan.

Much has changed in the intervening decades and one of those changes is that retirement is now more often a process than an event. Many of those who have reached the traditional retirement age of 65 are receiving CPP and OAS benefits while at the same time continuing to participate in the work force. Some stay at an existing full-time job but more commonly, such individuals take up part-time employment, out of financial need or simply from a desire to stay active and engaged in the work force.

At one time, beginning to receive CPP retirement benefits meant that, even for those who chose to remain in the work force, no further CPP contributions were allowed. In 2012 that changed, with the introduction of the CPP Post-Retirement Benefit. The availability of that benefit means that those who are aged 65 to 70 and continue to work while receiving CPP retirement benefits must decide whether or not to continue making CPP contributions. Such individuals who make the choice to continue to contribute to the Canada Pension Plan will see an increase in the amount of CPP retirement benefit they received each month. That increase is the CPP post-retirement benefit or PRB.

The rules governing the PRB differ, depending on the age of the taxpayer. In a nutshell, an individual who has chosen to begin receiving the CPP retirement benefit but who continues to work will be subject to the following rules:

Individuals who are 60 to 65 years of age and continue to work are required to continue making CPP contributions.
Individuals who are 65 to 70 years of age and continue to work can choose not to make CPP contributions. To stop contributing, such an individual must fill out Form CPT30, Election to stop contributing to the Canada Pension Plan, or revocation of a prior election. A copy of that form must be given to the individual’s employer and the original sent to the Canada Revenue Agency. An individual who has more than one employer must make the same choice (to continue to contribute or to cease contributions) for all employers and must provide a copy of the CPT30 form to each. A decision to stop contributing can be changed, and contributions resumed, but only one change can be made per calendar year. To make that change, the individual must complete section D of CRA Form CPT30, give one copy of the form to his or her employer, and send the original to CRA

Individuals who are over the age of 70 and are still working cannot contribute to the CPP.

Overall, the effect of the rules is that CPP retirement benefit recipients who are still working and who are under aged 65, as well as those who are between 65 and 70 and choose not to opt out, will continue to make contributions to the CPP system and will continue therefore to earn new credits under that system. As a result, the amount of CPP retirement benefits which they are entitled to will increase with each year’s contributions.

Where an individual makes CPP contributions while working and receiving CPP retirement benefits, the amount of any CPP post-retirement benefit earned will automatically be calculated by the federal government (no application is required), and the individual will be advised of any increase in that monthly CPP retirement benefit each year. The PRB will be paid to that individual automatically the year after the contributions are made, effective January 1^st of that year. Since the federal government doesn’t have all of the information needed to make such calculations until T4s and T4 summaries are filed by the employer by the end of February, the first PRB payment is usually made in a lump sum amount, in the month of April. That lump sum amount represents the PRB payable from January to April. Thereafter, the PRB is paid monthly and combined with the individual’s usual CPP retirement benefit in a single payment.

While the rules governing the PRB can seem complex (and certainly the actuarial calculations are), the individual doesn’t have to concern him or herself with those technical details. For CPP retirement benefit recipients who are under age 65 or over 70, there is no decision to be made. For the former, CPP contributions will be automatically deducted from their paycheques and for the latter, no such contributions are allowed.

Individuals in the middle group – aged 65 to 70 will need to make a decision about whether it makes sense, in their individual circumstances, to continue making contributions to the CPP. Some assistance in making that decision is provided on the federal government website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-post-retirement/benefit-amount.html, which shows the calculations which would apply for individuals of different ages and income levels.

More information on the PRB generally is also available on that website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-post-retirement.html.

The information presented is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly cannot be regarded as legal or tax advice. Please contact our office for more information on this subject and how it pertains to your specific tax or financial situation.

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