Canadian Tax

In this video preview, Kim G C Moody is joined by MP Pierre Poilievre to discuss the economic policies that are most impacting Canadians today. This is the first in a series of one-on-one interviews Kim G C Moody will be conducting with a variety of accomplished guests, all exclusive to Moodys Tax+ members. Sign…

Introduction The focus of this article is to examine the entitlement of a client of a law firm that employs accountants to assist its lawyers in the provision of legal advice to assert solicitor-client privilege over such legal advice.  Moodys Tax Law LLP believes that by providing its tax lawyers with ready access to its…

Very recently, amidst a reported increase in COVID-19 cases in the US and around the world, it has become increasingly more difficult for US companies to bring key personnel from certain countries to the US due to ongoing travel bans and narrowing exceptions to these travel bans. Which countries are included in the travel ban?…

As discussed when when we first wrote about this topic in 2015, our firm has long believed that accountants and lawyers should work together in the delivery of tax services. Both professions bring different skill sets and perspectives to the table when crafting client solutions. To that end, we purposely employ both professions in our…

On March 10, 2021, much to the delight of those seeking to live or work in the US and to US immigration lawyers/advocates, US Citizenship and Immigration Services (USCIS) announced that the agency will no longer be applying former President Trump’s highly controversial August 2019 Public Charge Final Rule (Public Charge Rule) and will revert…

US tax professionals are keenly aware of the negative impact of the COVID-19 pandemic has had on the Internal Revenue Service (“IRS”) and its processing of returns, payments, and other documents. The delay has been so severe that at the end of 2020, there were still many million pieces of unopened mail and well over…

On February 19, 2021, President Biden introduced his administration’s highly anticipated comprehensive immigration reform (CIR) bill, the “US Citizenship Act of 2021”, to both the Senate and the House. CIR has been on the agenda for most administrations over the last twenty (20) years and President Biden is hoping his administration will get it done.…

The Alberta Pilot Program will be suspended as of February 22, 2021 as part of a broader introduction of new COVID-19 travel restrictions. On January 29, 2021, we released a blog about the Government of Canada’s new nation-wide travel restrictions, which is to be formally implemented on February 22, 2021, that will see flights to…

As has almost become a weekly segment for the Moodys Tax blog, the following addresses new COVID-related requirements for entry to Canada. In a previous blog, we provided guidance on the requirement that all international air passengers traveling to Canada must present a negative COVID-19 molecular polymerase chain reaction (PCR) test result prior to boarding.…

On February 2, 2021, the White House held “Immigration Day” whereby President Biden signed three additional executive orders geared towards immigration reform and undoing the policies of his predecessor. Among these three new executive orders, which showcase the new administration’s goals related to the reunification of families, understanding and addressing the root causes of Migration…

  If you had to guess, what do you think the following individuals have in common? The billionaire co-founder of Facebook, Eduardo Saverin; the only American member of Monty Python, Terry Gilliam; [1] Prime Minister of the United Kingdom, Boris Johnson; Director of The Maltese Falcon and The Treasure of the Sierra Madre, John Huston;…

Today, Prime Minister Justin Trudeau announced additional quarantine measures aimed at preventing the spread of COVID-19. These new rules significantly tighten up border control in response to new variants of COVID-19 being reported in Canada. Flight Grounding All flights to and from vacation destinations in the Caribbean and Mexico will stop as of this Sunday,…

The Government of Alberta has recently announced changes to the International Border Testing Pilot Program (also known as the “Alberta Pilot Program”). As of January 25, 2021, eligible international travelers returning to Alberta must now remain in quarantine until receiving a negative test result from their second COVID-19 test on Day 7 or 8. Even…

Batten down the hatches; it is going to be the kind of year for which immigration policy wonks live. As anticipated, President Joe Biden has not wasted any time in establishing his presence in the Oval Office. Within hours after his inauguration as the 46th President of the United States, President Biden executed seventeen (17)…

The Canada Revenue Agency (“CRA”) has released a preview of its new T1134 Summary and Supplement forms. If anyone needs proof that international tax is a complicated subject, a quick glance at these new forms will clearly settle the matter. As a reminder, T1134 filings are mandatory annual filings for Canadians who have an interest…

On January 12, 2021, the US Centers for Disease Control and Prevention Department of Health and Human Services issued an order requiring each passenger boarding a flight to the US (unless exempt – see below) on or after January 26, 2021, to provide evidence that the traveler has received a negative COVID-19 test conducted within…

As of January 1, 2021, any company employing individuals in Florida are required to perform additional steps in the I-9, Employment Eligibility Verification Process (I-9 compliance) beyond what is normally required of all US employers. It is important to note that for I-9 compliance purposes, remunerating an individual as a “contractor” does not always relieve…

CALGARY, ALBERTA – Jan. 7, 2021 – Moodys Tax is proud to announce the addition of Moodys Private Client Business Law, its newest division aimed at supporting business owners on their entrepreneurial journey.   This announcement comes as business lawyer Doug McCartney joins the team, providing over 22 years of experience with mergers and acquisitions, corporate…

In the continued effort to prevent the spread of COVID-19, the Government of Canada has announced that as of January 7, 2021, anyone seeking admission to Canada (unless exempt – see below), is required to provide evidence that the traveler has received a negative COVID-19 test conducted within seventy-two (72) hours prior to their planned travel.…

On December 31, 2020, President Trump announced his newest Presidential Proclamation extending certain travel bans for individuals entering the United States. Specifically, this proclamation is an extension to the previous bans limiting the entry of immigrants and nonimmigrants into the United States, and it will expire on March 31, 2021.  On January 15, 2021, and…

With only days left before Christmas and the New Year, many holiday shoppers may be wondering besides sales tax or GST / HST, what other possible taxes could apply to their holiday celebrations? In this short post, we will address some of your questions as to how the US Internal Revenue Service (“IRS”) and the…

Santa “Tax Man” (The Moodys Tax version adapted from “Santa Baby” – a song performed by American singer Eartha Kitt with Henri René and His Orchestra and originally released in 1953. The song was written by Joan Javits and Philip Springer) Santa Tax Man, just slip a little tax break for me Been an awful good business owner Santa Tax…

To the relief of many seeking temporary employment in the US, US employers, vital critical infrastructure-related industries, immigration advocates, and immigration lawyers, on December 1, 2020, the US District Court for the Northern District of California set aside the following interim rules: The US Department of Homeland Security’s (DHS) Strengthening the H-1B Nonimmigrant Visa Classification…

Earlier in 2020, the Canada Emergency Commercial Rent Assistance (CECRA) program was introduced by the Government with great fanfare. Unfortunately, due to the design of the program (e.g. asking landlords to agree upfront to a net 25% cut in rental revenue, and burdening the landlord with all of the risk and administration), the take-up of…

In the continued effort to prevent the spread of COVID-19, the Government of Canada has announced that as of tomorrow, November 21, 2020, all travellers entering Canada as their final destination, regardless of citizenship (including Canadian citizens and permanent residents), must provide contact and quarantine information before entering on the ArriveCAN portal or smartphone app.…

As a follow up to the Government’s October 9 announcement, the Government released Bill C-9 on November 2, 2020 to make the promised updates to the Canada Emergency Wage Subsidy 2.0 (“CEWS”)  program, and also introduced the Canada Emergency Rent Subsidy (CERS). The Bill passed third reading in the House of Commons on November 6,…

Those traveling to the State of New York and have spent more than 24 hours in one of the designated states with significant COVID-19 case volumes may now be able to “test out” of state’s mandatory 14-day quarantine requirement. It is unclear whether this quarantine exemption will be extended to those traveling from Canada. Based…

Today, the Alberta Provincial and Canadian Federal Government announced a joint pilot program in Alberta whereby certain travellers arriving at Calgary International Airport or the Coutts land port-of-entry may be exempt from the mandatory quarantine requirement based on testing negative upon arrival via the pilot program’s rapid testing for COVID-19 and if the traveller commits…

While there is no Federal quarantine requirement for those entering the US, some states have quarantine requirements in place with their own respective requirements and exceptions. For example, both Hawaii and New York have mandatory 14-day quarantine requirements. You can read more about the New York quarantine requirement in our previous blog. As of October…

[My colleague, Kim Moody, and I recorded an episode of the podcast about the October 9, 2020 announcement.  You can listen to it here.] As part of the September 23, 2020 Throne Speech, the Government announced its intention to extend the CEWS program to summer of 2021. Under the current CEWS legislation, the amount of…

Last week, due to a sustained spike in COVID-19 cases in the US and elsewhere, the State of New York expanded executive order no. 205 with executive order no. 205.1 regarding who must quarantine upon arrival in New York. The original executive order (no. 205) imposed a quarantine requirement on certain travelers entering New York…

Today, Immigration, Refugees and Citizenship Canada (IRCC) expanded the list of persons who are eligible to travel to Canada during the COVID-19 pandemic and confirmed the ongoing efforts by the Government of Canada to protect Canadian public health. In an official statement, the Government of Canada made clear, in addition to the border restrictions that…

On October 6, 2020, the Trump administration announced an expected, but significant, overhaul of the H-1B nonimmigrant visa program for “specialty occupations” in the US, as well as significantly impacting related issues for E-3, H-1B1, and PERM immigration processes and filings. These significant policy changes, to be published in the Federal Register on October 8,…

Background While GILTI is a US tax, it can be a significant problem for US shareholders resident in Canada. As explained below, provisions which reduce Canadian taxes owing may ultimately result in additional US tax payable where they disqualify the taxpayer from access to the GILTI high-tax exception. While in some cases planning may help…