Business -> Ceasing Business
If your business is not incorporated and is being closed down, there are things that must be done. The information below does not address all issues of closing down a business, so we advise getting professional help with this.
Employees and Payroll
If you had employees, you must remit all payroll withholding taxes - CPP contributions, EI premiums, and income tax deductions - within 7 days of the day your business ends.
Provide Records of Employment (ROE) to each former employee, generally, within 5 calendar days.
File all required T4 and T4A slips with Canada Revenue Agency (CRA) within 30 days of the date your business ends, and provide copies of these slips to your former employees.
Closing CRA Business Accounts
You may have both payroll and GST/HST accounts with CRA - these must be closed and all amounts remitted - see links at bottom for more information on the CRA website.
You may have capital assets at the time your business ceases. The disposal of depreciable assets, on which you have been claiming capital cost allowance (CCA), may result in recapture or a terminal loss. If you retain some of the capital assets, you will no longer be able to claim CCA in a subsequent year unless it is used to earn income from a business or property. If it is used for non-income-producing purposes, there is a deemed disposition at that time at its fair market value (FMV). This could also result in recapture or a terminal loss. See the link to further information on the CRA website below.
Did you borrow money for the purpose of operating your business, and there will still be a part of the loan outstanding? Here are the rules, directly from the Income Tax Act:
s. 20.1(2) Borrowed money used to earn income from business — Where at any particular time after 1993 a taxpayer ceases to carry on a business and, as a consequence, borrowed money ceases to be used by the taxpayer for the purpose of earning income from the business, the following rules apply:
In other words, yes, the interest is still deductible until the debt is repaid, and the interest expense will still be considered to be interest paid for the purpose of earning income from the business.
Accounts Receivable, Inventories, Eligible Capital Property
The Income Tax Act also has s. 22, Ceasing to carry on business, related to accounts receivable, inventories, and eligible capital property. Talk to your professional accountant for more information on these topics. The tax treatment of eligible capital property will be changing, as announced in the Federal 2016 Budget.
Canada Revenue Agency Resources:
- Income Tax Folio S3-F4-C1, General Discussion of Capital Cost Allowance - see paragraph 1.95 re Recapture and terminal loss
Tax Tip: If you are closing your business, get a professional accountant (CPA) involved to ensure things are done properly and no steps are missed!
Revised: April 19, 2019
Copyright © 2002 Boat Harbour Investments Ltd. All Rights Reserved. See Reproduction of information from TaxTips.ca