Administrative Policy
10 October 2024 APFF Roundtable Q. 10, 2024-1028911C6 F - Traitement fiscal du montant payé par un particulier en affaires pour mettre fin hâtivement à un contrat de location automobile
In 2023, a self-employed individual leased an automobile, which he used in the course of his business, but several months later, terminated the lease and paid a lease termination fee of $10,000, in order to lease a different make of car.
2008-0285361C6 dealt with a car lease early termination payment by an employee (claiming employment expenses therefor) and stated that if the termination fee represented actual lease charges under the automobile lease, it could be deducted pursuant to s. 8(1)(h.1) subject to the limitations in s. 67.3, i.e., the termination fee was to be added to the other lease costs that were subject to s. 67.3.
Does this analysis apply to a self-employed worker or a corporation using an automobile in the course of a business?
CRA indicated that in such circumstances, the limit set out in s. 67.3 also applied to determine the maximum amount that could be deducted as “actual lease charges” for a passenger vehicle in computing the taxpayer's business income under s. 9(1). CRA stated:
Generally speaking, “actual lease charges” include the monthly payments for the use of a passenger vehicle. They also include other expenses provided for in the leasing contract, such as mileage or other final charges paid or payable and relating to the use of the vehicle by the lessee.
After indicating that whether the early termination fee was an “actual lease charge” was a question of fact, CRA stated:
Where the $10,000 early termination fee for an automobile lease constitutes “actual lease charges”, it must be added to the usual lease charges (as per the base lease). If the taxpayer's total annual lease charges exceed the limit allowed under section 67.3, the taxpayer will not be able to deduct the excess charges.
2 April 2014 External T.I. 2012-0473151E5 F - Limitation du coût de location d'un véhicule
Are amounts of recovered GST and QST respecting the lease of a vehicle to be considered in element E in ss. 67.3(c) and (d)? CRA responded:
Most leases do not include expenses such as insurance, maintenance and sales taxes. …
Subsection 248(16) provides that an input tax credit or rebate with respect to goods and services tax in respect of a property or service is deemed to be assistance from a government. The same applies under subsection 248(16.1) with respect to Quebec sales tax. Consequently, these amounts are included in a taxpayer's income, or applied to reduce either the cost or capital cost of the property to which they relate, or the amount of the related expense or expense account, for taxation purposes.
Therefore … if sales taxes are included in the lease charges, the consumption tax amounts recovered in respect of the lease of the vehicle will be included in element E in the formulas under paragraphs 67.3(c) and (d) for the purpose of calculating the limitation in section 67.3.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(16) | GST ITCs constitute a “reimbursement” for car lease expense limitation purposes | 162 |
22 May 1990 T.I. (October 1990 Access Letter, ¶1465)
The amount based on the manufacturer's list price is not reduced by employee deposits or by depreciation due to the age of the vehicle, and options owned by the leasing agency are included in that amount even when paid for by the employee.
23 April 1990 T.I. (September 1990 Access Letter, ¶1418)
"Amounts deducted" refers to the portion of the expense that was laid out to earn income.
18 October 89 Meeting with Quebec Accountants, Q.9 (April 90 Access Letter, ¶1166)
Where a corporation leases a fleet of vehicles, and subleases them to other members of the corporate group, s. 67.3 could apply both to it and to the other corporations.
88 C.R. - "Automobile Rules" - "With Respect to Expensive Automobiles"
S.67.3 applies to lump sums paid at the beginning or end of the lease.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Automobile | 21 |
Articles
Summerville, "Car Options Can Be Paid by Employees in Order to Avoid Leasing Limitations", Taxation of Executive Compensation and Retirement, October 1990, p. 347.
Paragraph 67.3(d)
Administrative Policy
15 May 2003 External T.I. 2002-0168445 F - frais de location-voiture
CCRA indicated:
- “Manufacturer's list price" in Variable C of the formula in s. 67.3(d) reference the term "manufacturer's suggested retail price" used by the automotive industry in Canada, determined by reference to the applicable options added to the vehicle.
- Federal and provincial sales taxes were not included in this amount.
- The 0.85 multiplication factor used in the denominator of the formula was intended to allow “for the bargaining power that an automobile purchaser typically has over the ‘manufacturer's list price’ for the vehicle.”