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Employee vs. Contractor

In most cases you hire someone to work for you and you put them on payroll. You pay their taxes, CPP, EI and it is a fairly straight forward process. But what if someone comes to you only part of the time, or they are hired for a specific purpose only, how do you handle those individuals?  Many of these part-timers or “occasional” workers are being treated as contractors which means they are not going on your payroll, you are not deducting CPP/EI/Income Taxes. Instead, they are invoicing you for their time, maybe even charging you HST (which you get to claim back!), and you treat them like an operating expense vs. salaries and payroll.

So what is the big deal? In the eyes of the CRA it is a huge deal. They lose out on CPP & EI contributions and receive less income taxes too!

So how can employers help make the right choices? Ask the following questions:

  • How much control does this individual have on their own activities? If you’re dictating what they have to do (i.e. giving them tasks and deliverables and reviewing their work)
  • Do you provide the tools and equipment (computer, phone, equipment)
  • Can that individual subcontract the work or hire their own assistants?
  • How much financial risk is the person taking?
  • How responsible is the worker for their deliverables?
  • Is there an opportunity for the worker to profit?
  • Other factors such as the written contract

All of these individually and combined, as well as the stated intention, is considered in the choice of employee vs contractor.

Let’s take a look at an example:

I need help with my marketing. Person X is great for the job.

Employee à Person X is going to work from my office 2 days a week from 9-3, on my computer, I am purchasing the marketing software, there is no fixed amount of work but they will be told on an on-going basis what we need (e.g. I am telling Person X to write me 5 blogs, 2 Facebook posts with content relating to ABC), I am reviewing that content. Person X is more likely than not an employee and I should put Person X on my payroll.

Contractor à If Person X can choose to work from home OR my office until the work is done, have their own laptop and software, and I am paying them for a package of 5 blogs and 2 Facebook posts, and I approve the final content. Person X could be considered a contractor.

Each scenario needs to be evaluated accordingly. If you are unsure take a look at how similar positions are being treated.

 

 

 

“Behind Every Great Business is a Great Accountant”

For more information on how to keep your business tax efficient, or to get a consultation on whether you are making all the right tax choices for your business, contact Dharna CPA. www.dharnacpa.ca. Info@dharnacpa.ca

Common Mistakes Made by Small Businesses

You have this fabulous idea to start a business, and you go for it…yea! But then the reality sinks in that running a business is so much more than just selling your product and service. There’s HR and Marketing and IT and ugh worst of them all….accounting!

As an accountant I see small business owners making a few critical mistakes all the time. And the result is they either pay too much in taxes, do not have money to pay themselves, or worst of all go out of business.  Unfortunately accounting is as important to a small business as any other aspect of running a business; and it has a direct financial impact to your business! Here are some the top mistakes made by small business owners:

Not having a budget

You obviously do not start a business thinking it will fail, but in the beginning there WILL be more expenses than income. Until your brand and client list grows your budget is extremely important to sustain you. There will be tough calls to make but without a clear budget, you won’t know how to spread out your expenses.

Not keeping up-to-date records

A budget is fine as a guide but how do you know if you are sticking to it if you only do your bookkeeping once a year for tax time? At a minimum doing your bookkeeping quarterly (monthly is ideal) allows you to track progress and adjust your path accordingly. By doing your bookkeeping ONLY at tax time means it is often too late to make any informed decisions and corrective action.

If they walk, talk and look like an employee…they are an employee

Employee vs contractor is a huge area of audit with the CRA. Many employers will classify workers as contractors to avoid paying into CPP & EI when in reality they are employees and subject to payroll deductions. There are a few factors to consider when making this difference but a big red flag is control – who controls their work and schedule? A legitimate contractor likely will not be reporting to someone else who is controlling and reviewing their work.

Not recording all the personal contributions (properly)

If you ask most entrepreneurs how much money have they put into their business the answer is usually “a lot”…but when you ask them how much they cannot quantify it. This can have significant tax impacts when both taking money out of the business to pay yourself and when you are looking to sell the business.

 

 

 

“Behind Every Great Business is a Great Accountant”

For more information on how to keep your business tax efficient, or to get a consultation on whether you are making all the right tax choices for your business, contact Dharna CPA. www.dharnacpa.ca. Info@dharnacpa.ca

WHAT DOES STATED INCOME MEAN AND HOW DO YOU QUALIFY?

Amina

So recently I had a client come to me – he is self-employed and is also incorporated, and works as a self-employed contractor.  He was turned down by the banks, and in addition he was getting divorced and needed to find a home for himself and his child, when she would come to stay on weekends.

We sat down together and I explained that I could proceed one of two ways; because he was incorporated, I could “fully qualify” him IF I could prove his income through his NOA’s and T1 Generals as well as other supporting documentation.

If I could not qualify him as such, I would have to qualify him as a “stated income” applicant, which is more difficult to prove, as different lenders have different requirements.

When it comes to the self-employed, lenders have made it difficult to qualify for various reasons; as an entrepreneur and business owner they benefit from income tax credits and great reductions and write-offs on their personal tax returns.  This is a great advantage when it comes to the actual amount of taxable income they have to pay tax on at the end of the year, but the disadvantage is that their net income is incredible low.  This unfortunately impacts a self-employed client’s ability to FULLY qualify.

A stated income mortgage is where the lender fully understands the self-employed income dilemma and will accept a client simply “stating” an income on their application without having to show net taxable income on your tax return to prove it.

What’s important to note is that the interest rates and/or fees/default insurance premiums are based on the credit rating and available down payment and are sometimes a little higher than a more traditional mortgage and depending on the client can be worth it if home ownership is a more affordable solution than renting.

There are basically three ways to qualify under “stated income”

Type 1: Fully Insured

In this instance, I can look at “A” lenders based on beacon score and debt ratios – rates will be lower than 3% -this is stating income that makes sense compared to the T1 Gross income for the last two years; if an applicant has provable income either on their T2125 (part of the T1 General) or corporate financials and the gross can reflect adequate income to qualify, we can go fully insured with the following documents to prove this:

  1. Proof of self employment such as a business license, Article of Incorporation, invoices etc
  2. Last two years full Income Tax Return including your T1 General and all the attachments
  3. Last two years Notice of Assessments to confirm no income tax arrears
  4. A letter from the employer stating job title, income and start date for XXXXX
  5. Recent pay stub
  6. Proof of down payment, through bank statements, RRSP statements, etc
  7. … and any other documents the lender might deem necessary at the time ( this is lender specific as some will accept stated-income individuals and some will not)

Type 2: Stated income – best rates, 80% LTV 

When we cannot provide an avg. gross income of the two years to make sense for qualifying, we must go stated income under insurer guidelines.  Here are the documents that are needed:

  1. Avg. 6 months of deposits plus invoices through last 12 months bank
  2. Last two years Notice of Assessments to confirm no income tax arrears
  3.   Last 2 years corporate financials and/or last 12 months bank statements as long as they show business activity (keeping in mind that the lender may ask for 2 yrs) – i.e., deposits
  4.   Proof of self employment such as a business license, Article of Incorporation

Type 3: Stated income – posted rates, 80% LTV 

This is stated income when there are no documents to show your income – however the rates will be upwards of 5.99%.  The only documents needed in this case are:

  1. Last two years Notice of Assessments to confirm no income tax arrears
  2.  Stated income letter “stating” to what you make –to qualify you at an amount you need.  Ie. if you need $400K to purchase a home, we state you make at least $65,000/year

Keep in mind, that “stated income” needs to make sense for the industry you work in – ie, as this client is a self-employed contractor, he was able to qualify on Type 3 as the “stated income” amount was in line with the industry.

Not all “stated income” deals are funded, but mostly due to lack of paperwork and proof of income.  This client was successful in his goals to own a home because he was willing to work with me and was able to provide the paperwork that was being requested.  If you are a self-employed client and don’t know if you can qualify, a mortgage professional can be your best ally in qualifying for a mortgage.  Speak to me today if you have been denied by the banks – we are here to help!

To your Wealth!

Amina

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