INCOME TAX RULES REGARDING MOVING EXPENSES
Moving expenses are often overlooked as a tax deduction in computing income. Depending on the circumstances moving expenses which are incurred to either start a new job or business or attend a post secondary institution are tax deductible. Furthermore, one may also deduct moving expenses if one is immigrating to or emigrating from Canada.
What follows is a discussion concerning the deductibility of moving expenses as they relate to individuals who move to either commence employment at a new location or start a new business. Rules relating to the deductibility of moving expenses as far as attending a post secondary institution or moving to or from Canada are not discussed.
Work Related Moving Expenses
Where an individual has changed their residence (within Canada) and commences to carry on a business or is employed at a new location, the "eligible moving expenses" incurred in moving from the old residence to the new residence may be deducted. In order to be considered as an "eligible relocation", the new residence must be at least 40 kilometres closer to the new place of work/business than the previous residence was. The 40 kilometre distance is measured as the shortest public route available. If the difference is less than 40 kilometres, the moving expenses are not deductible.
An employee or a self-employed taxpayer may deduct eligible moving expenses to the extent that:
Eligible moving expenses must first be deducted in the year of the move from income earned at the new work location. Any excess may be deducted from such income in the following year. Thus an individual who moves in December will not be penalized by not having income during the year of the move as they may deduct the expenses against his or her income of the following year.
If the employer is paying the moving expenses, the taxpayer may be assessed a taxable benefit, depending how the payments are structured. Generally, if the employer pays an allowance without the taxpayer accounting for the use of the funds, the Canada Revenue Agency (CRA) considers the payment to be a taxable benefit, however the employee is permitted to deduct the actual moving expenses incurred. If the employer reimburses the employee for moving expenses which have been accounted for, or pays an accountable advance, the payment is not considered a taxable benefit.
Employees who receive additional benefits from their employers as assistance in defraying financing caused by a move related to their employment, must include these benefits in income. In addition any reimbursement or compensation provided to an employee as assistance for financing the purchase of a new residence is taxable. In the course of an eligible relocation, if an employee receives an amount from the employer as compensation for a loss incurred on the sale of the employee’s old residence, half of any amount exceeding $15,000 is taxable.
Eligible Moving Expenses
To be deductible, moving expenses must have been paid by the taxpayer on account of expenses incurred in the course of moving from the old residence to the new residence and they must be reasonable under the circumstances. The Canadian Income Tax Act (the legislation) defines eligible moving expenses to include:
Expenses other than those listed above incurred in respect of the acquisition of a new residence (including house-hunting expenses) are not deductible.
It is always a question of fact whether the reason for a move was to commence carrying on a business or be employed at a new location. However the legislation does indicate that eligible moving expenses can be claimed as a deduction provided the taxpayer begins the above either before or after the move. Furthermore, if an employee is transferred by the employer, or a self employed individual relocates their business, eligible moving expenses may be deducted by the taxpayer.
Generally, CRA considers the taxpayer to have changed their residence where it obvious the taxpayer, including members of his or her household, and their possessions ordinarily reside within the new residence. The taxpayer would demonstrate this, by either selling renting or advertising for sale or rent the old residence.
Please remember that the Income Tax Act frequently changes, and there are often new cases dealing with the issues set out above. While we try to keep our website as current as possible, please do not rely on the above without talking to one of our lawyers. Should you require a referral to an accountant, we would be more than happy to provide such a referral.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice regarding your own situation.
Copyright © 2004 by Bell Spagnuolo Legal Offices. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.