Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the Department.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle du ministère.
ADM'S OFFICE (2) ADM 970207
RETURN TO 15TH FLOOR, ALBION TOWER
April 28, 1997
XXXXXXXXXX
Dear XXXXXXXXXX:
This is in response to your letter dated January 16, 1997, concerning the tax treatment of the income of lawyers appointed to the Bench in 1996.
Generally, an individual that ceases to carry on a business during the 1996 taxation year may deduct a reserve in respect of "December 31, 1995 income" at the end of this 1996 taxation year. However, the amount of the reserve claimed in 1996 must be included in the computation of the individual's income for the 1997 taxation year while no new reserve in respect of December 31, 1995 income may be claimed in 1997. The term "December 31, 1995 income" is defined in section 34.2 of the Income Tax Act and relates to the deferral of income available on the conversion to a calendar year reporting of business income.
For your information, you will find enclosed a comparative table of the tax situation of a lawyer appointed to the Bench during 1994, 1995 or 1996.
In your letter, you mentioned that lawyers appointed to the Bench should not be penalized from a tax perspective because of their appointment, and you inquired as to whether Revenue Canada has some discretion in that respect that would allow a rectification of the situation.
I understand your concerns, however the Income Tax Act is very precise with respect to the availability of a deferral of income under this provision. These rules apply to all individuals and do not confer any latitude to the Minister in regard to their application.
I trust that the above information will be of assistance to you.
Yours sincerely,
Denis Lefebvre Assistant Deputy Minister Policy and Legislation Branch
Attachments
Roxane Brazeau-LeBlond
957-2131
March 10, 1997
COMPARATIVE TABLE
TAX CONSEQUENCES
LAWYER APPOINTED TO THE BENCH ON APRIL 1, 1994, 1995 OR 1996
Assumptions:
- Lawyer is self-employed
- Financial year end: January 31
- Professional income is $15,000 per month, $180,000 per year
- Salary as a judge: $10,000 per month, $120,000 per year
Tax consequences
A- Appointment on April 1, 1994
Taxation year 1994 1995
Salary (9 months - 12 months) $90,000 $120,000
Professional income 31-01-94 : $180,000 Section 24.1 election $45,000 $135,000
Professional income 01-02 to 31-03-94 : $30,000 Section 25 election - $30,000
Total income $135,000 $285,000
$420,000
B- Appointment on April 1, 1995
Taxation year 1995 1996
Salary (9 months - 12 months) $90,000 $120,000
Professional income 31-01-95 : $180,000 Section 24.1 election $45,000 $135,000
Professional income 01-02 to 31-03-95 : $30,000 Section 25 election $30,000 -
B- Appointment on April 1, 1995 (cont'd)
Amount to be included 34.1 and 34.1(8)(a) - -
Reserve - 34.2(4) 95% x $30,000 ($28,500) -
Reserve to be included 34.2(5) - $28,500
Total income $136,500 $283,500
$420,000
C- Appointment on April 1, 1996
Taxation year 1995 1996 1997
Salary - $90,000 $120,000
Professional income 31-01 $180,000 $180,000 -
Amount to be included 34.1(1) 334/365 x $180,000 $164,712 - -
Amount to be deducted 34.1(3) - ($164,712) -
Reserve - 34.2(4) 95% x $164,712 ($156,476) - - 85% x $164,712 - ($140,005) -
Reserve to be included 34.2(5) - $156,476 $140,005
Professional income 01-02 to 31-03-96 - $30,000 -
Total income $151,759 $ $260,005
$411,764