If you work for yourself you probably already are on the CRA’s radar in one way or another. Self-employed workers and small-business owners are responsible for self-reporting their income and remitting their taxes. GST is also involved unless the total annual income is less than $30,000. A self-employed small business owner is much more likely to be targeted for audit than the T4-salaried employee. Expect the Agency also to pay much more attention to self-employed subcontractors. The Agency uses a complicated test to determine if a person is an independent contractor or an employee. If it is determined that a contracted individual is really an employee, both the employer and the employee will face stiff penalties.
You can, of course, appeal a negative decision to higher authorities. The Tax court will examine the nature and degree of control over the person alleged to be an independent contractor. They also consider if the work done is integral to the business or only accessory to it. In the latter situation, the taxpayer will be an independent contractor. There is also an economic reality test. The bottom line is that a court will review all the facts of the relationship in detail, and the results will vary from case to case.
If you are not sure where your working relationship falls, consult a certified tax professional or a tax lawyer.
The foregoing provides only an overview and does not constitute legal advice. You are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained in the context of your own particular circumstances.
If you work for yourself you probably already are on the CRA’s radar in one way or another. Self-employed workers and small-business owners are responsible for self-reporting their income and remitting their taxes. GST is also involved unless the total annual income is less than $30,000. A self-employed small business owner is much more likely to be targeted for audit than the T4-salaried employee. Expect the Agency also to pay much more attention to self-employed subcontractors. The Agency uses a complicated test to determine if a person is an independent contractor or an employee. If it is determined that a contracted individual is really an employee, both the employer and the employee will face stiff penalties.
You can, of course, appeal a negative decision to higher authorities. The Tax court will examine the nature and degree of control over the person alleged to be an independent contractor. They also consider if the work done is integral to the business or only accessory to it. In the latter situation, the taxpayer will be an independent contractor. There is also an economic reality test. The bottom line is that a court will review all the facts of the relationship in detail, and the results will vary from case to case.
If you are not sure where your working relationship falls, consult a certified tax professional or a tax lawyer.
The foregoing provides only an overview and does not constitute legal advice. You are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained in the context of your own particular circumstances.
Tax Law
DioGuardi offers solutions for tax problems such as:
Unreported income
Unfiled tax returns
Payment arrangements
Unpayable tax debt
Tax dispute litigation
Criminal tax defense
Wills, Estates & Trusts
DioGuardi Law offers these will, estate and trust services for individuals and business-owners:
Wills
Preparation of trust agreements
Powers of attorney
Estate administration
Probate
Representation in estate driven litigation
Real Estate
DioGuardi Law can assist you with all your real estate needs including:
Newly constructed/Resale
Purchases and Sales
Title transfers
Leases
Private mortgages
Refinancing
Condominiums
Vacant land
Tax Debt Relief
When your tax balance is too large to be affordable, DioGuardi Law can protect your home, your cash flow and your financial assets from the Taxman. It is essential that we begin planning a strategy before the CRA registers a lien against your properties or seizes financial accounts, and before you engage with an insolvency trustee.
Business & Tax Planning
DioGuardi Law has the experience to provide:
Resident and non-resident corporate restructuring
Optimum use of holding corporations
Continuity and succession planning
Tax-free transfers
Losses and ABIL planning
Making interest tax deductible
Small business planning
Corporate & Commercial Law
DioGuardi Law have represented business clients for the last 50 plus years and have supported their legal requirements on an on-going basis by offering the following services:
Incorporations and corporate governance
Corporate reorganizations and transactions for the directors and shareholders
Negotiation and drafting of agreements, professional corporations, minute book maintenance
Brigitte DioGuardi
B.A., LL.B
Brigitte obtained her Law Degree from the University of Sheffield in the United Kingdom. Upon her return, she qualified for the Bar and was called to the Law Society of Ontario (formerly the Law Society of Upper Canada) in 2002. She was also a member of the Bar of British Columbia and headed up the Vancouver office of DioGuardi Tax Law. Fluently bilingual in English and French, Brigitte has broad experience in the areas of:
Joyce Bruno has worked as executive legal assistant to Paul Dioguardi for 35 years and continues to offer her expertise and experience to the Dioguardi Law firm. Joyce’s role has evolved over the years and has acquired and developed many skills. She is an invaluable asset in case management and ensures the smooth running of our office.
Paul DioGuardi
B.A., LL.B, KING’S COUNSEL, SENIOR COUNSEL
Paul obtained his Law Degree from Queen’s University in 1964. He is a member of the Bars of Ontario, British Columbia and the Turks and Caicos Islands, a British tax free territory in the West Indies. He has over 50 years of experience and was trained at the Ottawa head offices of Revenue Canada and the Tax Litigation Section at the Department of Justice. Paul has had and continues with an extensive career in various areas of law such as:
