Director Liability: De Facto Director
August 30, 2024Unnamed Persons Requirement: Another CRA Compliance Tool
September 13, 2024Reasonable motor vehicle allowances received by employees in the course of employment duties are non-taxable. An allowance is not reasonable (and therefore taxable) if any of the following are met:
-the allowance is not based solely on the number of kilometres driven for employment purposes
-the employee is reimbursed in whole or part for expenses in respect of that use; or
-the per-km amount is not reasonable.
A November 23, 2023 French Technical Interpretation considered the tax implications of an employer increasing the motor vehicle allowance paid to its employees by an additional per kilometre amount for each person accompanying the driver. CRA opined that the two parts of the allowance (base and additional amount per passenger) constituted a single allowance since both were intended for the same use of the vehicle. They then opined that as the allowance provided was not solely based on the number of kilometres travelled to perform the duties of employment, the entire allowance was taxable.
ACTION: Ensure that allowances paid to employees meet the strict conditions for being tax-free to avoid a surprise tax bill for the recipient.