When parking is provided by an employer to an employee, the
fair market value of the parking, less any payment by the employee for the
parking, is generally a taxable benefit to the employee. The benefit
amount is included in income when payroll deductions for income tax, Canada
Pension Plan (CPP) and Employment Insurance (EI) are calculated, and is
included as employment income on the T4.
There are situations in which parking may not be considered
a taxable benefit, such as:
The employee requires an automobile to commute to work
daily, because of a physical disability that limits mobility
The parking is generally available free of charge to
both employees and the general public, such as in a shopping centre or
industrial park.
The parking provided is scramble parking - this means
there are fewer parking spots than there are employees wishing to use a
spot, and the spaces are available on a first-come, first served
basis. There must be significantly fewer spots than employees
desiring a spot.
The parking is provided for business purposes - the
employee is regularly (on average 3 or more days per week) required to use
a vehicle in the performance of his or her job, such as travelling
off-site to meetings or service calls.
The taxable fair market value of the parking spot is
generally the market price for a similar spot in the surrounding area.
Therefore, if a similar spot in the surrounding area is free,
there is no taxable benefit.
If the employer provides certain employees with reserved
spots, this would probably be considered a taxable benefit.
See also the Canada Revenue Agency (CRA) page on Parking,
which has a questionnaire to help you determine if an
employer-provided parking spot is a taxable benefit.
Employer's vehicle used by an employee
When an employer (or a person related to the employer)
makes a motor vehicle available to an employee (or a person related to the employee), for personal
use, then the employee must pay income tax on the benefit related to the
personal use of the vehicle. When the motor vehicle is taken home by the
employee, the travel between home and work is usually considered personal use by the
employee, and the benefit from that use must be included in employment income,
as a taxable benefit. There are different ways of calculating the
taxable benefit when the motor vehicle IS an
automobile, vs when the motor
vehicle IS NOT an automobile.
1. When the motor vehicle IS an automobile
When an employer makes an
automobile
available to an employee for personal
use, then the employee must pay income tax on the benefit related to the
personal use of the vehicle. The automobile taxable benefit is included
as employment income on the T4, and the benefit amount is included in income
when payroll deductions for income tax, CPP and EI are calculated. There are two components of the
automobile taxable benefit - the standby charge, and the operating cost
benefit.
Standby charge benefit
Income Tax Act s. 6(1)(e), s. 6(2)
The standby charge is calculated based on:
- the original cost of a purchased automobile or the
monthly lease cost of a leased automobile (including GST and PST), and
- the number of months the automobile is available to the
employee for personal use (which normally includes driving to and from work),
and
- the number of kilometres driven for both personal and
business purposes, and
- any reimbursement by the employee for the availability of
the vehicle.
When the automobile is owned by the employer, the standby charge is:
2% x cost of automobile x # of
months available to the employee in the year
If the automobile is available 12 months of the year, then 24% of the cost
of the automobile is included in the employee's income each year.
When the automobile is leased by the employer, the standby charge
is:
2/3 x monthly lease costs
(excluding insurance) x # of months available to the employee in the year.
Standby charge reduction
For 2003 and later years, the standby charge may
be reduced if:
the kilometres driven for business use are at least 50%
(90% previously) of the total kilometres driven, and
less than 20,004 km per year, or an average of 1,667 km
per month (1,000 km per month previously), are driven for personal use.
Example of standby charge calculation for owned vehicle:
Cost of vehicle including taxes
$25,000
# of months available for use
12
Total kilometres driven
35,000
Personal kilometres driven (40% of total)
14,000
Standby charge = $25,000 x 2% x 12 months x
14,000/20,004 = $4,199
If the personal use had been 50% or more, then the
benefit would be:
$25,000 x 2% x 12 months = $6,000
The above example assumes no reimbursement has been made by the employee
to the employer.
The above rates remain unchanged for 2010.
Operating cost benefit
Income Tax Act s. 6(1)(k), Income Tax Regulations s
7305.1
If the employer has paid the operating costs of an automobile which has
been available for the personal use of an employee,
an operating cost benefit must be included in the employee's income, less any
reimbursements by the employee to the employer.
The operating cost benefit is based on the kilometres of
personal use by the employee, at the following rates per
kilometre:
2010 $0.24
2009 $0.24
2008 $0.24
2007 $0.22
2006 $0.22
2005 $0.20
2004 $0.17
Operating cost benefit reduction: for 2003 and later years, if the employee uses
the automobile primarily (at least 50%) for business purposes, the operating cost
benefit may be calculated as 50% of the standby charge, less any
reimbursements.
Using the standby charge example above, the operating cost benefit would
be:
14,000 km x
$0.22 per km = $3,080
The automobile was used more than 50% for business purposes, so the
alternate calculation available is:
$4,199 x 50% = $2,099.50
Thus, the total taxable benefit to the employee in this example is:
$4,199 standby charge + $2,099.50
operating cost = $6,298.50
Automobile sales people
Income Tax Act s. 6(2.1), Income Tax Regulations
R7305.1
If an individual is "employed principally" in selling or
leasing automobiles, then the standby charge and operating cost benefits
will be less.
For the operating cost benefit, the following amounts are used for
automobile sales people:
2010 $0.21
2009 $0.21
2008 $0.21
2007 $0.19
2006 $0.19
2005 $0.17
2004 $0.14
For the standby charge, if the employer has purchased one or more
automobiles
in the year, then at the option of the employer:
1.5% is used instead of 2%, and
the cost of the automobile is the greater of
the
average cost of all new automobiles purchased by the employer during the year,
and
the
average cost of all new and used automobiles purchased by the employer during the
year
correct amount of taxable benefits for the employees'
T4s for the past year
amounts to include in the employees' current year pay
periods when doing payroll
Tax Tip: It is much
simpler for an employee to use their own automobile and be paid a tax-free
automobile allowance for the business use of the automobile.
2. When the motor vehicle is NOT an automobile
Income Tax Act s. 6(1)(a)
Where the motor vehicle does not fit the definition of automobile
(passenger vehicle), the above standby charge and operating cost benefit
amounts are not used, but a reasonable amount must be included in the employee's
income for the personal use of the vehicle. The employer must estimate
the fair market value of the benefit, including GST. The amount an
employee would have had to pay for comparable transportation in an arm's
length transaction, such as leasing, can be considered to be the fair market
value of the benefit. Where a motor vehicle other than an automobile is
essential to the employer's business operation, and the only personal use of
the motor vehicle is to provide the employee transportation between home and
the employer's place of business, Canada Revenue Agency (CRA) generally
accepts the rates from Income Tax
Regulations s. 7306 for calculation of the benefit. The 2009 rate is
$0.52 per km for the first 5,000 km, and $0.46 per km in excess of
5,000. GST must also be added to the benefit amount.
See paragraph 23 of CRA's interpretation bulletin IT63R5
for more detail on this taxable benefit.
Taxable benefit reduction starting in 2009
CRA has announced that, where the employee is prohibited
from using the vehicle for personal use, other than the drive to and from
work, and certain other conditions are met, the taxable benefit can be
calculated using the operating cost benefit rate from
Income Tax Regulations s. 7305.1. For most employees, the 2009 rate
is $0.24 per km.
To use the lower rate per km, all of the following
conditions must be met:
The motor vehicle does not fit the definition of
"automobile"
Personal use of the motor vehicle by the employee is
prohibited, other than commuting between home and work, and the employee
has in fact not used the vehicle for any other personal use.
The employer has valid business reasons for requiring
the employee to take the vehicle home at night, such as
reasonable security concerns regarding the
employer's tools and equipment being left at the worksite or overnight
at the employer's premises, or
the employee is on-call to respond to emergencies
and the vehicle is provided to improve response to emergencies.
The motor vehicle is specifically designed or suited
for the employer's business or trade and is essential for the
performance of the employment duties.
The information on this site is not intended to be a
substitute for professional advice. Each person's situation differs, and
a professional advisor can assist you in using the information on this web
site to your best advantage.
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