Tax Tips 2010

This guide was written by Graeme Treeby of The Special Needs Planning Group and edited by Douglas Cronin, Certified General Accountant. It is intended for free distribution to Community Living York South ( www.ysacl.on.ca ) Th e Ontario Federation for Cerebral Palsy, ( www.ofcp.on.ca ) clients and friends of The “Special Needs” Planning Group ( www.specialneedsplanning.ca ) and any organization or individual who may be interested. It is not to be taken as Accounting or Taxation advice but rather, as a resource to provide a starting point for your journey through the maze that is Income Tax Preparation and Planning for people with a disability and their families.

Items of Interest

A)   Registered Disability Savings Plan

The Federal Government has created the Registered Disability Savings Plan which is intended to create a long term savings plan for people with disabilities in Canada.  The plan, which can be set up by the person with a disability or their parent or guardian allows for contributions of up to $200,000 to be made now, for use in the future.  Depending on family income, the Federal Government will provide Canadian Disability Savings Grants up to a maximum of $3500 for a contribution of $1500 per year up to a maximum of $70,000 or until the beneficiary of the plan reaches age 49.  For low income families, they will provide a $1,000 Canadian Disability Savings Bond without any contributions to the plan up to a maximum of $20,000 or until the beneficiary of the plan reaches age 49.  The income figure that is used in the calculation of grant and bond eligibility is the income of the parents if the person with the disability is under 18 years of age or the person himself if he is over 18 years of age.

In order to qualify for the RDSP, a person with a disability must first qualify for the Disability Tax Credit. They need not actually be taking advantage of the Disability Tax Credit but need only qualify for it.  The information contained below on how to apply for the DTC is therefore even more important.  If a person wishes to take advantage of the Canadian Disability Savings Grants and Bonds for 2010, they must have qualified for the DTC in the 2008 taxation year and must have filed a 2008 income tax return; even it they have no taxable income to report.  The deadline for applying for 2010 grants and bonds was December 31, 2010.  The March 2010 Federal Budget, was passed in Parliament in December of 2010. It allows for a carry forward of unused Grants and Bonds from prior years.  The actual mechanism for doing so will be available later this year.  It also allowed a parent or grandparent of a financially dependant person with a disability to roll over their RRSP or RRIF to their RDSP upon death, provided there is adequate contribution room available.

An important feature of the RDSP is that it will not affect people’s entitlement to Disability Benefits in most Provinces.  Check with your benefits program administrator to see if your Province has exempt the RDSP from claw back.

B)   Cosmetic Surgery

This year, CRA has restricted the medical expense write off for Cosmetic Surgery to only those procedures undertaken after March 4, 2010 which are required for medical or reconstructive purposes.  Procedures undertaken before March 4th are allowed as medical expenses regardless of whether or not they were required for medical or reconstructive purposes.

C)   Tax Free Savings Account (2010)

The Tax Free Savings Account is a government program that allows Canadians to save money without ever having to pay tax on its growth.  Each year, $5,000 can be contributed to a TFSA.  In Ontario, people with disabilities are able to accumulate up to $100,000 in a TFAS combined with other exempt life insurance policies etc. as long as the TFSA is issued through a Life Insurance Company as a Segregated Fund.  The exemption only applies with the Segregated Fund.  The exemption may not apply in provinces other than Ontario.  Please check with your local programs for clarification.

Tax Time - 2010

Tax time is once again upon us. At this time of the year, many of people with disabilities and their families hear stories about all the tax deductions that they are entitled to but of which they are unaware.  The purpose of this guide is three fold:

 

1.   The Disability Amount (Disability Tax Credit)

 
Perhaps one of the most commonly missed and often the most valuable tax credit available to people with disabilities is the Disability Amount. This credit is most often called the Disability Tax Credit (DTC).  It is a non-refundable tax credit which can reduce the amount of tax that a person with a disability has to pay.  If the DTC is not required by the person with a disability to reduce their taxable income to zero, then it may be transferred in whole or in part to a family member who supplied some or all of the basic necessities of life such as food, shelter and clothing to the person.

In the 2010 Taxation Year, the Disability Amount for a person who was 18 years of age or older is $7239.00.  If the person with the disability was under age 18 then there is also a Disability Tax Credit Supplement of $4223.00 that is added to the disability amount.  Both of these amounts can be transferred if necessary.  Details of the Disability Amount can be found on Canada Revenue Agency’s web site by following the link at:

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/316/lgbl-eng.html

 

The Caregiver Amount (Caregiver Tax Credit)

Another commonly missed tax credit is the Caregiver Amount or Caregiver Tax Credit.  If, at any time in the year, you maintained a dwelling where you and a dependant lived, you may be able to claim this amount.  The caregiver tax credit is the same dollar amount as the Disability Tax Credit Supplement which is $4223.00 for the 2010 taxation year.  The dependant must be 18 years or older when they lived with you and must be dependent on you due to a mental or physical infirmity. This credit cannot be claimed for a person who was only visiting you.  It cannot also be claimed if you claim the “Infirm Dependant Credit”, an amount of similar value to “The Caregiver Tax Credit”. More information on the Caregiver Tax Credit can be found on Canada Revenue Agency’s web site by following the link at:

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/315/menu-eng.html

 

T2201 Disability Tax Credit Certificate

In order to apply for the Disability Tax Credit, information relating to your disability must be reviewed by Canada Revenue Agency.  This information is collected on form T2201, “Disability Tax Credit Certificate” which is submitted to CRA.  This form can be obtained on line at http://www.cra-arc.gc.ca/E/pbg/tf/t2201/t2201-10e.pdf.  In order to assist you in determining whether or not you may qualify for the DTC, the T2201 form contains a self-assessment questionnaire.  This questionnaire may be useful in helping you decide on how to proceed with the application. 

It should also be noted that the Disability Tax Credit Certificate is a requirement for participation in the Registered Disability Savings Plan.  Therefore, even if a person doesn’t need the Disability Tax Credit (due to income levels) there is significant benefit in qualifying for it.

If a person needs assistance in filling out the form and if they wish to appoint another individual or organization as their Representative for income tax matters, they must complete CRA’s form T1013, “Authorizing or Cancelling a Representative”.  This form can be found on the web at http://www.cra-arc.gc.ca/E/pbg/tf/t1013/t1013-10e.pdf. The completed form will allow the named representative to have access to your records with CRA and to act on your behalf with respect to issues surrounding your tax matters.

A person may be eligible for the disability amount if a qualified practitioner certifies on Form T2201 Disability Tax Credit Certificate, that you have a prolonged impairment, and that the effects of the impairment are such that one of the following applies:

Your doctor will complete the form with his or her impression of the impact your disability has on you in the various categories.  The doctor should also complete the full details of the effects of the impairment on the last page of the form.  The more information provided the easier it will be to approve the application.  It is also important to stress to the doctor that the “onset of impairment” date be listed as the very first date upon which the impairment began.  This is important when any back-filing actions are undertaken. (see below for details on back-filing)

Once the form is completed, you should sign it, and forward it to Canada Revenue Agency.  These forms can be reviewed at any time of the year so you needn’t wait until tax time for submission.  In fact, it often takes several months for Canada Revenue Agency to approve the form and so it would be prudent to send it in as soon as it has been completed by your doctor.

The Disability Amount is available to people based on the date of onset of the impairment.  If you have been approved for a period of time for which you have not claimed the credit, you may re-file for those years and receive a refund for taxes that you have previously paid for as many as 10 years.  Please see the next section to see how to back-file for prior years.

 

2.   Get Back Taxes That You Should Never Have Paid

It is quite possible that you may not be keeping as much of your hard earned money as you are entitled to.  A well known Ottawa Accountant who works in the field of taxation with a specific focus on people with disabilities and their caregivers has estimated that about 50% of people who are entitled to the Disability Tax Credit and the Caregiver Tax Credit are actually claiming it.  This means that people in the special needs community are giving the Government thousands upon thousands of dollars in tax revenue that should stay in our community.  But this doesn’t have to continue.  By following a few simple steps, people with disabilities and their caregivers can claim the DTC from this year onward and for up to 10 years in the past where they have not claimed the credit.  In addition, caregivers can also claim back as far as 2000 for the Caregiver Tax Credit provided that your dependent is over age 18 in each of the years being claimed. These credits could result in you receiving tax refunds of $10,000, $16,000 and even much more when combined with the other tax credits or deductions that you may have missed over the years and which are still available to you. 

At a recent Tax Seminar sponsored by the Ontario Federation for Cerebral Palsy and Canada Revenue Agency, the guest Speaker stated that “to re-file is so simple that my 6 year old daughter could do it in about 10 minutes.”  Therefore, why pay any of the many tax re-file firms that have sprung up in our community in the last few years anywhere from 15% to 30% of the refund for a task that can be completed by you in about 10 minutes?  Some of those firms are not even trained Accountants.

The choice is yours.  If you are not comfortable with completing and submitting forms, then by all means talk to an Accountant and have him or her re-file for you for a couple of hundred dollars (ask your accountant for rates).  If you are not comfortable using an Accountant, then by all means talk to one of the re-file firms and have them re-file for you for a several thousand dollars.  However if you are interested in saving your hard earned dollars and are willing to do a little work on your own, then simply follow the step by step instructions that follow to re-file for previously paid taxes.

As a general rule of thumb, when an ODSP recipient lives with his or her family and receives the standard boarder rate of $805 per month, a family member who provides support to the ODSP recipient ordinarily would be able to get a transfer of the full Disability Tax Credit.  If the ODSP recipient earns other income, there are some restrictions which must be taken into account.  Please refer to Canada Revenue Agency tax guides if this is your situation.

There are two methods that can be employed to re-filing your tax returns for prior years.  The first method is to simply mail a letter to Canada Revenue Agency outlining the details of your claim and asking that they review your file for the past 10 years.  This is the easiest method but our understanding is that it takes longer for the refund to arrive.

The alternative method is to acquire the Canada Revenue Agency T1 Adjustment Request form.  A fillable form can be found on the web at:

http://www.cra-arc.gc.ca/E/pbg/tf/t1-adj/t1-adj-10e.pdf

It is a one page form and comes complete with written instructions. A separate form should be submitted for each year that you wish to have adjusted. On line, you can fill in the information with respect to your Identification, Authorizations, and Adjustment Details. 

If you, as a person with a disability are applying for an adjustment to the Disability Amount for yourself, the line number the Adjustment Details section is 316 and the name of the line is “Disability Amount”.  If you are applying for an adjustment for an amount transferred from a dependant, the line number is 318 and it is called “Disability Amount Transferred From a Dependant”. It would include both the Disability Tax Credit plus the Supplement Amount if your son or daughter is under the age of 18.  The caregiver claim may be reduced if a claim has also been made for child care, attendant care or certain related medical expenses. If you are a caregiver who qualifies under the Caregiver Tax Credit and who is back-filing for the Caregiver Tax Credit, the line number is 315 and the name of the line is “Caregiver Amount”.  The amount to be printed in the Revised Amount column can be taken from the chart on the following page.

 

Line Numbers and Maximum Claim Amounts:

Taxation Year

DTC Amt. Self

DTC From Dependent

DTC Supplement

Caregiver Tax Credit

 

(Line 316)

(Line 318)

(Line 318)

(Line 315)

2010

$7239.00

$7239.00

$4223.00

$4223.00

2009

$7196.00

$7196.00

$4198.00

$4198.00

2008

$7021.00

$7021.00

$4095.00

$4095.00

2007

$6890.00

$6890.00

$4019.00

$4019.00

2006

$6741.00

$6741.00

$3933.00

$3933.00

2005

$6596.00

$6596.00

$3848.00

$3848.00

2004

$6486.00

$6486.00

$3784.00

$3784.00

2003

$6279.00

$6279.00

$3663.00

$3663.00

2002

$6180.00

$6180.00

$3605.00

$3605.00

2001

$6000.00

$6000.00

$3500.00

$3500.00

2000

$4293.00

$4293.00

$2941.00

$2386.00

Once the form has been completed, it should be signed and mailed to your taxation office as indicated on the following page.  Be sure to keep copies of all forms that are submitted to Canada Revenue Agency and remember that a separate form must be submitted for each year that you wish to have adjusted.  It will take several weeks or months but eventually you should receive your refund.

Canada Revenue Agency Office Locations: 

If you are normally served by the tax services offices in:

Send your form or letter to:

British Columbia, Yukon, or Regina

Surrey Tax Centre
9755 King George Hwy
Surrey BC V3T 5E6

Alberta, Manitoba, Northwest Territories, Saskatoon, Thunder Bay, London, or Windsor

Winnipeg Tax Centre
PO Box 14001 STN Main
Winnipeg MB R3C 3M3

Toronto East, Toronto North, Toronto Centre, Toronto West, or Sudbury (the area of Sudbury/Nickel Belt only)

Sudbury Tax Centre
1050 Notre Dame Avenue
Sudbury ON P3A 5C2

Nunavut, Montréal, Laval, Sherbrooke, Rouyn-Noranda, Ottawa, or Sudbury (other than the area of Sudbury/Nickel Belt)

Shawinigan-Sud Tax Centre
PO Box 4000 STN Main
Shawinigan QC G9N 7V9

Québec, Chicoutimi, Rimouski, Trois-Rivières, Outaouais, or Montérégie-Rive-Sud

Jonquière Tax Centre
2251 René-Lévesque Blvd
Jonquière QC G7S 5J2

Nova Scotia, New Brunswick, Newfoundland and Labrador, Kingston, Peterborough, or St. Catharines

St. John's Tax Centre
PO Box 12072 STN A
St. John's NL A1B 3Z2

Prince Edward Island, Belleville, Hamilton, or Kitchener/Waterloo

Summerside Tax Centre
105-275 Pope Road
Summerside PE C1N 6E8

International Tax Services Office

International Tax Services Office
102A-2204 Walkley Rd
Ottawa ON K1A 1A8


3.   Tax Deductions, Credits and Benefits: 

The next section of this paper relates to the various deductions, credits and benefits that are available to people with disabilities and caregivers of people with disabilities.  It is intended that we will list the categories that are available to people with disabilities themselves and categories that are available to the caregivers of people with disabilities. We suggest that you scan each of the descriptions and if it sounds like that particular deduction may apply to you and your situation, then you can investigate further into the details of the rules and regulations. 

Deductions, Credits and Benefits Available to People With Disabilities Themselves:

Refundable medical expense supplement:

Deductions, Credits and Benefits Available to Caregivers of a Person With a Disability:

 

 

Medical Expenses:

This is a major section of potential deductions that may be available to people with disabilities themselves or to caregivers of people with disabilities.  If you are claiming for yourself, your spouse or common law partner or for a child under the age of 18, you claim the expenses on line 330 of your return.  The expenses you claim for all other dependants on line 331 of your return.  The amount claimed for a person with a disability is reduced by formula based on his or her income and is limited to a maximum of $10,000 for each dependant.

The following is a partial listing of eligible medical expenses.  It is not exhaustive. Once again, we suggest that you scan each of the descriptions and if it sounds like that particular deduction may apply to you and your situation, then you can investigate further into the details of the rules and regulations.

If you think that any of these items may apply to your particular situation, please follow the following link for more details.
http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/330/llwxpns-eng.html

There are a number of expenses that are commonly claimed as medical expenses in error. Non-eligible expenses include the following:

An expense, including those identified above, may qualify as a medical expense if it is necessary for medical or reconstructive purposes, such as surgery to address a deformity related to a congenital abnormality, a personal injury resulting from an accident or trauma, or a disfiguring disease.

We trust that this guide has been useful to you.  If you have any questions regarding your Income Tax Returns, please contact a Tax Accountant or Canada Revenue Agency for assistance.

Disability Related Information Links:

The “Special Needs” Planning Group: www.specialneedsplanning.ca

Ontario Federation for Cerebral Palsy:www.ofcp.ca

Canada Revenue Agency Links:

Disability Amount: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/316/menu-eng.html

Caregiver Tax Credit: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/315/menu-eng.html

T2201 Disability Tax Credit Certificate: http://www.cra-arc.gc.ca/E/pbg/tf/t2201/

Prior Year Re-File Form: http://www.cra-arc.gc.ca/E/pbg/tf/t1-adj/t1-adj-10e.pdf

Allowable Medical Expense Listing: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns300-350/330/llwxpns-eng.html

AdditionalDisability Deductions & Credits: http://www.cra-arc.gc.ca/tx/ndvdls/sgmnts/dsblts/ddctns/menu-eng.html

Working Income Tax Benefit: http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/ddctns/lns409-485/453-eng.html