Deductions From Employment Income

by Tax Guy on March 10, 2010 · 32 comments

If you receive a T4 slip and most of your income is from employment, there are few deductions available beyond RRSP’s.

Businesses are allowed more deductions than employees. This is because businesses incur their expenses to earn income. Few employees are required to incur expenses directly in order to earn employment income and the income tax act places limits on the types of deduction available. However, under certain conditions, some expenses may be deducted from employment income.

Salesperson Expenses

Salespeople who are paid on commission may deduct certain expenses paid to earn commission income, including travel, automobile, and other types of expenses. The expenses claimed must be reasonable but there are no deductions available for capital purchases (equipment or property) with the exception of aircraft and automobiles.

To deduct salesperson expenses you must meet all of the following criteria:

  1. You are required by your employer to pay your own expenses.
  2. You are normally required to work away from your employer’s place of business.
  3. You are paid fully or partially by commission.
  4. You did not receive an expense allowance that was included in your income.
  5. You retain a copy of Form T2200, Declaration of Conditions of Employment, which has been completed and signed by your employer.

Other Limits on Salesperson Expenses

Meals may only be deducted if you were away from your home community or metropolitan area for a period of 12 hours or more.

The Canadian income tax act only allows you claim deductions against commission income and as such a non-capital loss is not allowed and any loss incurred cannot be used to reduce other income. However, there is an alternative if commission expenses exceed commission income: Claim only for automobile expenses and travel under separate provisions of the Canadian income tax act which permit non-capital losses to be deducted against other forms of income.

Expenses Permitted as Salesperson Expenses

  • Advertising & promotion
  • Meals & entertainment (50% limit)
  • Lodging
  • Accounting & legal fees. You may claim a reasonable deduction for accounting fees paid to help you complete your tax return. You may also deduct legal fees incurred to collect or establish a right to an amount that would have been included as part of your employment income. You must reduce the amount by any amount awarded or any reimbursement received for your legal expenses.
  • Motor vehicle costs
  • CCA an interest expenses are not limited by commission income and can be deducted against other income.
  • Parking
  • Workspace in home
  • Supplies used directly in your work. This includes office supplies, cellular phone airtime, and long distance (your normal monthly charge for cellular or telephone cannot be deducted).
  • Licences
  • Bonding & liability insurance premiums
  • Medical underwriting fees.
  • Salary for an assistant. You are required to withhold taxes and other deductions from the salary paid.
  • Office rent
  • Training costs
  • Courier and transportation costs
  • Leased computers & office equipment. Equipment purchased cannot be deducted nor can capital cost allowance (CCA) be claimed.

Expenses Excluded as Salesperson Expenses

  • Special clothing required to be worn while working.
  • Certain tools for employed trades people.
  • Except for automobiles, aircraft, or musical instruments, CCA cannot be deducted.

Travel & Meal Expenses

If you are required by your employment contract to travel for business and did not receive a reimbursement from your employer for travel, you can make a claim for travel and meal expenses under this provision of the Canadian income tax act.

If you do receive an allowance that does not cover your travel expenses, you have the option of including the allowance in your income for the year and making a subsequent claim for actual expenses. It is advisable that you contact a financial professional to help you determine the best alternative in your case.

Automobile and Aircraft Expenses

If you are required to work away from your employers place of business, were required to pay your own motor vehicle expenses related to your work, and did not receive a reimbursement or allowance, you may claim these expenses under a separate provision of the Canadian income tax act.

Allowable expenses under this provision of the Canadian income tax act include operating expenses, capital cost allowance (an annual percentage of the vehicle cost with limits), and interest paid on funds borrowed to acquire the automobile.

As with travel and meal expenses, if you do receive an allowance that does not cover your automobile or aircraft expenses, you have the option of including the allowance in your income for the year and making a subsequent claim for actual expenses. It is advisable that you contact a financial professional to help you determine the best alternative in your case.

Home Office Expenses

If you are required by your employer to work from home and cover all of the costs associated with maintaining an office at home, then you may be able to deduct your home office expenses. To claim work at home expenses, the space must be either be:

  • the principal place of employment, or
  • be used exclusively for earning employment income and be used on a regular basis to meet customers or other employees.

The total amount of expenses that you can deduct is limited to your employment income. You should also complete a T2200, Declaration of Conditions of Employment and have it signed by your employer.

The expenses allowed under this provision include the proportional cost of utilities, household sundries (i.e. light bulbs & cleaning supplies), rent if the property is rented, mortgage interest, property insurance and property tax. However, capital cost allowance may not be deducted.

You will need to complete a T777, Statement of Employment Expenses to calculate your employment proportion of your home office expenses.

Other Employment Expenses

The Canadian income tax act allows a number of other expenses to be deducted from employment income:

  • Professional membership dues such as law society, doctors associations, engineers, or accounting associations.
  • Office rent or the salary (including EI and CPP premiums) of a substitute if you were required to pay these costs yourself by your employer.
  • Supplies used directly in your employment but excluding uniforms and books.
  • Union or association dues.
  • Legal expenses paid to collect salary or wages. The fees may be paid to establish a right to salary and wages in addition to collecting the amounts owed.
  • Clergy residence may deduct a portion of their residence (rent and utilities).
  • Contributions to registered pension plans and teachers pension plans.
  • Salary or disability reimbursements.
  • Amounts forfeited under a salary deferral arrangement.
  • Musical instruments and artists supplies are deductible if you are employed as either a musician or artist respectively and required to supply your own instruments and materials.
    • For musicians, maintenance may be claimed as well as capital cost allowance on the instruments themselves.
    • For artists, the amount of the deduction is limited to the lower of $1,000 20% of employment from being an artist.
  • Apprentice mechanics may claim a deduction for eligible tools and is limited to the greater of $1,000 or 5% of employment income from being an apprentice.
  • Goods and Serves Tax (GST). GST and provincial sales tax (PST) can be included in the expenses deducted from employment income. In addition, you may claim a rebate of the GST paid as a rebate unless you were employed by a financial institution.

Uniforms & Footwear

These costs are not deductible from employment income. If your employer supplied or reimbursed you for the costs of a special uniform, the cost will not be a taxable benefit if the clothing and footwear is designed to protect you from workplace hazards.

If you were given an allowance to acquire special uniforms and footwear the allowance is not taxable if:

  • You are required to provide receipts to your employer, or
  • If no receipts are required then all of the following conditions are required:
    • The law requires protective clothing at the worksite,
    • You purchased the clothing, and
    • The amount was reasonable.

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{ 32 comments… read them below or add one }

1 Hannah March 22, 2010 at 1:17 pm

My partner is employed by a trucking company; he drives long haul about 50% of his days, the rest is local. I think I understand the meal allowance on form T777, but I am confused about his expense for his cell phone. (I’m trying to do both our taxes using the Studio Tax software).

His employer does NOT provide his cell phone, yet expects him to have one so they can communicate with him at any time. That is the reason he bought the phone. When I asked someone at Revenue Canada, they said we could only claim the airtime. But he pays for the airtime with a so-called ‘value package’, which includes basic service, so there is no specific charge on the bill for airtime unless he goes over the amount in the ‘value package’.

How can I calculate the cell phone expense to find the part that is deductible? There is nothing about this in the paper Guide.

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2 Tax Guy March 23, 2010 at 9:28 pm

Hi Hannah:
You have to come up with a reasonable allocation of personal vs. business use. I would start with assuming that the phone is strictly for business use and then adjust the bull proportionately for personal calls. Go through the bills and figure how many calls were personal vs. business and then use this percentage to estimate the amount to deduct. Keep your calculations in case you are challenged.

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3 Hannah March 26, 2010 at 10:11 am

Thank you for your help. I am using one of the software programs that you recommended, and now that I’m learning to use it, I like it much more than using printed forms.
Hannah

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4 Tax Guy March 29, 2010 at 8:54 pm

Hannah:
No problem. Good luck and remember software is not perfect: They’re not all equal and will not always see the same available deductions and credits.

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5 Ann April 5, 2010 at 10:58 am

In 2008, my husband was laid off from his job, with only a couple of weeks severance. We fought back with a lawyer to get his severance increased to approximately 5 months pay. We were successful, and a portion of his severance went to legal fees. Should we be able to refile our 2008 taxes and get a tax deduction for these legal fees? I’ve been reading some information on the internet but it’s confusing. Thanks for any advice you can provide.

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6 Tax Guy April 5, 2010 at 11:30 am

Hi Ann:
The legal fees are deducible in the year they were paid. If these were actually paid in 2008, then you can file an adjustment. If these were in 2009, then deduct them in 2009.

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7 Ann April 5, 2010 at 11:42 am

Thanks for the quick response, Tax Guy! Just one other question, are we allowed to deduct the full amount of the legal fees, even though our case was successful and we were paid additional severance? I thought I read somewhere that we had to deduct the amount of the severance from the legal fees and only claim that amount – which would mean we would be ineligble since the legal fees are less than the award we received. I only have a pdf bill from the lawyer, is that sufficient for proof to submit?

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8 Tax Guy April 5, 2010 at 11:53 am

Hi Ann:
Legal fees incurred to establish a right to employment income, including severance, is deductible from income. There is no limit.

You would report the full amount received from the your employer and deduct the fees. Of course if the employer paid the legal fees, you need to account for this.

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9 VJ April 26, 2010 at 9:35 pm

My wife is employed by an employer in Montreal. She has an office there. We live in Ottawa. She is required to work in Montreal 2 to 3 days a week and the remainder she works from our home in Ottawa. We have a signed T2200 form from her employer. Can she deduct vehicle expenses for having to drive to her work site in Montreal every week?

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10 Tax Guy April 27, 2010 at 3:05 pm

Hello VJ:
Travel to and from work is not a deductible expense despite the distance.

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11 VJ April 27, 2010 at 3:15 pm

Thanks Tax Guy for the quick response. I see your (CRAs) point as it pertains to travelling from home to work. Does the same answer apply if it is between offices – i.e. office in Ottawa and office in Montreal?

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12 Tax Guy April 27, 2010 at 3:35 pm

VJ:
If her office is in Ottawa and she goes from Ottawa to Montreal, then the trip would be deductible.

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13 VJ April 27, 2010 at 7:56 pm

Thanks. This is helpful.

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14 Lisa May 6, 2010 at 12:45 pm

My sister has to pay parking at a hospital where she works. Are these parking fees tax deductible?

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15 Tax Guy May 6, 2010 at 7:00 pm

Hi Lisa:
Expenses related to getting to and from you place of work are not deductible, including parking.

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16 CH May 29, 2010 at 1:42 pm

My wife is a speech pathologist and she is considering earning extra income through private work – to which she would incur expense to appear on a roster of qualified professionals. Private work would take place in the homes of clients (travel required) but she would use our home to prepare materials, reports etc. To what extent can we claim vehicle expenses, write off a portion of the house utilities etc? Are there limitations based on the amount of income brought in, actual business license etc?

Thx

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17 Tax Guy May 31, 2010 at 9:35 am

Your wife should keep track of her mileage at the beginning of the year and end of the year and then track actual mileage used for business purposes. This will establish the ratio she can use for vehicle deductions. The she should retain all MV expenses (fuel, insurance, maintenance, lease or loan interest). She should also claim capital cost allowance against the vehicle to maximize her deductions.

Your wife will also be able to deduct a portion of the home as an office expense if she uses a space for business purposes (do not claim Capital cost allowance).

She will have to prepare form T2125 and file this with her tax return. It will calculate the income or loss for the year. The losses can be claimed against all other income for the year.

Take a look at Guide T4002, Business and Professional Income for more info.

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18 Daryl June 9, 2010 at 11:47 pm

I get paid a parking allowance to park downtown. Will I get an information slip for this? I get $350.00 per month. But then I also have to per day parking at $27.50

I guess, I could take the train, if I did would I have to calim the income?

How does this work?

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19 Tax Guy June 10, 2010 at 1:24 pm

Hi Daryl,
The $350 is fully taxable as income. The $27.50 cannot be deducted.

Costs of travel to and from work are not deductible expenses. If you are in the top tax bracket (46.41%), then the value of the $350 is $187.57.

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20 Tanya June 11, 2010 at 1:22 pm

Hi Tax Guy!
I attend meetings at my company’s other office where I should pay for the parking. Are these parking fees tax deductible?
At my primary location parking is free.
Thanks

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21 Tax Guy June 12, 2010 at 9:42 pm

Hi Tanya,
If your employer requires you to travel away from your normal office, then you can claim them as an employment expense. They will have complete at T2200for you

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22 Christine June 28, 2010 at 10:19 am

Hi Tax Guy,

I work at a hospital where my employer pays for my monthly parking.

I just received a memoradum that we now have to pay the taxes and claim it on our T4. They are going back from Jan-2010 to June-2010. Can they do this?

Because no where does it state that we had to pay the taxes. I understand if they were to say the start date would be June-2010, but can they go back 6 months and deduct it from our pay?

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23 Tax Guy June 28, 2010 at 1:14 pm

Christine,
The parking would be taxable whether they added it to your pay or not. They are actually doing you a favour by including it on your regular pay.

The tax issue has nothing to do with your employment contract and is simply the law.

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24 Shirley July 19, 2010 at 9:01 pm

My employer refues to sign the T2200 form without any reason. Can I still deduct my employee expense if I have invoices to support? Does employer have right for not signing the form?

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25 Shirley July 19, 2010 at 9:31 pm

Employment expense included auto, entertainment and cell. Yes I have to pay by myself in order to enquire sales volume to commit job requirement. Employer issue T4 not T4A so employment expense report.

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26 Tax Guy July 20, 2010 at 1:46 pm

Shirley,
The CRA’s position is that the matter should be resolved between the employer and employee. If it cannot be resolved, then the employee should contact their tax services office for assistance.

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27 Dana August 2, 2010 at 6:16 pm

Hi, I have a question for when you have a mix of employment income and are also self employed as an artist. If renting a commercially zoned live/work studio in BC, I’ve been told you can claim up to 70% of the rent as a deduction. When you have a mix of income, can self employment deductions such as that be made against all income sources combined, or are they only made against income derived from your self employment?

Thanks

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28 Tax Guy August 2, 2010 at 7:35 pm

Generally you can claim a proportion of your home as a business expense. You must be able to justify the amount.

You could use a percentage of the square footage.

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29 Susan August 16, 2010 at 11:35 am

I am a commission sales person who work non-stop all day, everyday. I have an assistant who takes care of all the personal things (ie cleaning, groceries, dry cleaning, etc.) I can’t do because I am busy working so much. If it wasn’t for her I couldn’t do my job everyday. Can I claim what I pay her as business expense?

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30 Tax Guy August 17, 2010 at 10:16 am

Susan,
If, under your employment contract, you must hire your own business assistant, then the expense would be a deduction. However, I’m don’t feel that the work you have this person doing would qualify.

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31 R. Jones August 31, 2010 at 6:14 am

What do I do if employer refuses to provide T4. He has refused to take the necessary step to put me on payroll , but has paid by cheque. I work in medical office, was not hired as self employed not has the issue ever been raised. To my knowledge he has not made CPP ir EI submissions. I filed my taxes for 2009, detailing income only as I don’t know deduction info and submitted letter to CRA that employer has not provided T4. It now appears that no deductions were made so now
I am now dealing with tax consequences ( taxes owing) and potential loss of CPP and EI contributions.
I went to employer after receiving notice of assessment and the difficulties I now face. He said it is not his problem.
What do I do now??
Appreciate ANY suggestions. Thanks

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32 Tax Guy August 31, 2010 at 3:40 pm

As an individual taxpayer who only has employment income, you are required to file an income tax return before April 30th for the prior calendar year and remit any income taxes that were due an payable. While your employer is required to deduct income tax, CPP, and EI and issue a T4, his failure to do so does not absolve you from the requirement to file and pay taxes.

If you have not yet filed a tax return and paid the income taxes owing, you need to do so immediately to avoid further interest on the outstanding balance and penalties for late filing. You will have to file with the best information you have.

When you file your tax return, attach a letter to the return explaining that your employer failed to remit income tax, CPP, and EI and refused to provide a T4. Provide the name and address of the employer in the letter.

Employers are required by law to deduct and remit income tax, EI and CPP. There are penalties for failing to do so and as such enforcement action will probably be taken by the CRA. Since you are required to file an income tax return, this alone will begin enforcement against your employer by the CRA.

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