In the 2021 Federal budget, the government proposed to allow for immediate expensing of up to $1,500,000 per taxation year for eligible property acquired by a Canadian-controlled private corporation (CCPC) on or after April 19, 2021 that becomes available for use before January 1, 2024.
Properties that do not qualify for this immediate expensing incentive are generally long-lived assets such as buildings and similar structures (Classes 1 to 6), goodwill (Class 14.1) and surface constructions such as roads and parking lots (Class 17). There are a few other classes that do not qualify but they generally do not apply to our clients. All other asset classes, such as vehicles, machinery and equipment, would qualify for immediate expensing subject to certain rules and restrictions.
Due to government delays with issuing draft legislation for this measure, many of our corporate clients that had eligible expenses in the eligible period were unable to file a claim for immediate expensing.
When the 2022 Federal budget was released on April 7, 2022 there still wasn’t draft legislation and further changes were proposed to immediate expensing, being the following:
- Eligible persons were expanded to include Canadian-resident individuals and Canadian partnerships, where all the members are CCPCs or Canadian-resident individuals for property acquired after December 31, 2021, that becomes available for use before January 1, 2025 (or before January 1, 2024 for partnerships where not all the members are individuals).
- Provided that individuals or partnerships cannot use the immediate expensing incentive to create or increase a loss.
- Summary of eligible period based on eligible person or partnership:
- CCPCs – must be acquired on or after April 19, 2021 and must be available for use before January 1, 2024
- Individuals – must be acquired on or after January 1, 2022 and must be available for use before January 1, 2025
- Canadian partnership where all the members are individuals – same as individuals above – must be acquired on or after January 1, 2022 and must be available for use before January 1, 2025
- Canadian partnership where all the members are not individuals – must be acquired on or after January 1, 2022 and must be available for use before January 1, 2024
Draft legislation, for the immediate expensing measures contained in the 2021 and 2022 Federal budgets, was only released on April 28, 2022 as part of Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures. CRA only recently started accepting corporate income tax returns that were filed with an immediate expensing claim and stated that it wouldn’t accept amended returns until this Bill had received royal assent.
Bill C-19 received royal assent on June 23, 2022 and as such is now considered law. During the summer and early fall months, our firm will be reviewing our corporate clients that filed a tax return with a fiscal year that ended after April 19, 2021 and where its determined to be beneficial, we will look to amend these returns for immediate expensing.