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IRS Rules for Reporting Car Rental Income and Deducting Expenses

Income earned by renting out cars and trucks is taxable

Rules Regarding Income

Rules for car rental deductions, start with the basics: 3 questions, did you materially participate.

• Is Your Business Passive?
• If It's Not a Business
• Are You Profitable?

The Importance of Recordkeeping

Frequently asked questions (faqs), how do i file taxes for turo, how much is a rental car tax deduction.

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Money earned from renting your vehicle through peer-to-peer car-sharing services like JustShareIt, Getaround, or Turo is taxable income. However, you can often deduct your related expenses, such as depreciation, commissions, and marketing costs.

How the income and expenses are reported depends on whether the Internal Revenue Service (IRS) considers your activity to be a business.

Key Takeaways

• You can only deduct your expenses from renting your car if you're self-employed.
• For your car rental activity to be considered a business, you must be regularly engaging in it and trying to turn a profit.
• You'll need to determine whether you were "materially participating" in the car rental activity.
• The IRS will also check whether your rental activity has generated a profit in three out of the last five years.

Income from renting your car is referred to as "rents from personal property" in IRS terms. It is ordinary income subject to federal and state income tax, and possibly to self-employment tax.

This income can be categorized as either business income or as nonbusiness income. Business income is reported on Schedule C and is subject to self-employment tax—the equivalent of Medicare and Social Security taxes that would normally be divided between an employer and employee. Self-employed individuals must pay both halves.

Nonbusiness income is reported as " Other Income " on Schedule 1 and on line 8 of Form 1040.

Car rental expenses can be deducted only if you're self-employed. They're netted directly against your business income on Schedule C. Your taxable business income would be $20,000 if your gross business income is $30,000 and you have $10,000 in deductible expenses.

Nonbusiness expenses are considered to be hobby expenses , which are only deductible under certain rules under the terms of the Tax Cuts and Jobs Act (TCJA). You can only claim an itemized deduction up to the income you report having brought in from the hobby. The balance is no longer deductible if it results in a loss that could be subtracted from your other income.

The TCJA expires at the end of 2025 if Congress doesn't take steps to renew it, so it's possible that this rule could be eliminated in tax year 2026.

You can generally deduct:

• Depreciation
• Actual expenses prorated for rental use or using the standard mileage rate
• Marketing expenses or commissions to the networks

First, determine whether your car rental activity is a business. Second, decide whether or not you "materially participate" in the business, if it is one. Finally, determine whether your car rental activity is conducted for profit if your rental activity is not a business.

Is Your Operation a Trade or Business?

Rental income is taxed just like other business income if you're renting out your personal vehicle as a trade or business. This translates to engaging in the activity with the primary goal of earning income or making a profit. You must engage in it on a regular basis.

Report your gross rental income on Schedule C, then deduct any expenses that are directly related to your car rental business on that form. The net income arrived at after taking deductions is then transferred to your Form 1040 and is subject to federal income tax, self-employment tax , and any applicable state taxes.

The IRS spells out nine factors for testing whether an activity is carried on for profit:

• You carry on the activity in a businesslike manner.
• The time and effort you put into the activity indicate that you intend to make it profitable.
• You depend on the income for your livelihood.
• Your losses are due to circumstances beyond your control, or they are normal in the start-up phase of your type of business.
• You change your methods of operation in an attempt to improve profitability.
• You (or your advisors) have the knowledge necessary to carry on the activity as a successful business.
• You were successful in making a profit in similar activities in the past.
• The activity makes a profit in some years.
• You can expect to make a future profit from the appreciation of the assets used in the activity.

Passive activity loss limitations control when and how much of your losses are allowed, and three rules apply here.

The IRS indicates that a rental activity is passive even if you materially participated in it, but two more rules offer exceptions: five exceptions for rental activities and the material participation test, which states that "you participated in the activity for more than 500 hours" during the tax year.

Five hundred hours might seem like a high target for people who are renting out their cars through a sharing-economy platform, but this is just one test.

Another test asks whether the taxpayer participated in an activity for more than 100 hours during the year  and  the taxpayer's level of participation was at least as much as that of any other person involved in the activity, including non-owners. This might be a more feasible target for people who are renting out their cars.

Yet another test asks whether the taxpayer's participation in the activity for the year was substantially all of the participation in the activity by all individuals, including any non-owners, for the year. In other words, this test asks whether the taxpayer did substantially all the work of renting out the car. If so, the taxpayer materially participated in the business.

Is Your Business a Passive Activity?

Your loss might be suspended under the passive activity loss limitation rules (PALL) if you don't materially participate in the car rental activity and the business incurs a loss for the year.

You've already determined that your car rental activity is a business  and  it's conducted for profit. You're reporting the income and deducting expenses on Schedule C. After deducting all expenses related to the car rental activity, you have negative net income—a loss. At this point, you must ask yourself whether this loss is limited by the passive activity rules.

The full amount of the loss is carried to Form 1040 if it's not, and the loss offsets any other income you've reported. It is suspended if it is limited, which means that it can't be carried over to your Form 1040, but it can be carried over to next year's tax return, where it can offset any net positive income on next year's car rental Schedule C.

If It's Not a Business

Rental income is taxed as ordinary income if renting out a personal vehicle isn't a business. You should indicate that the income is from the rental of personal property so that the IRS knows what type of income you're reporting.

Nonbusiness income is subject to federal income tax and any state taxes, but it isn't subject to the self-employment tax.

The rental income is still reported on Schedule 1 if your car rental activity isn't a business and isn't conducted for profit, but expenses related to the rental activity aren't deductible beyond the income the activity earned. The most you can do is offset that particular income.

Are You Profitable in Three Out of Five Years?

The IRS will presume that an activity is carried out for profit if the activity produces profits in at least three out of the preceding five tax years, including the current year. The IRS might wonder whether your car rental activity is actually a not-for-profit activity if it were to fail this three-out-of-five-year test.

You can ask the IRS to hold off on making a determination about whether your car rental activity is conducted for profit, however. This is called making an "election," and you can do so by filing  Form 5213  with your tax return. You can ask the IRS to wait until you have had five years of activity, and then you and the IRS can review the full five years to see whether your car rental activity has generated profits in at least three of them.

It's important to keep track of the number of hours that every person—owner, staff, and contractors—dedicates to your business. Keep track of the number of days for each rental, and take the average to see whether it might be less than seven days at the end of the year. If so, any losses for the car rental business are not limited by the passive activity loss limitations.

The net loss from Schedule C would flow to Form 1040, where that loss can offset other types of income if your loss isn't limited.

You'll also want to keep a log of your rentals, measuring the number of days the car is rented out. Measure the number of miles driven under rent as of the end of the year versus the total miles the car was driven.

Taxes for services like JustShareIt, Getaround, or Turo can be filed on Schedule C or Schedule 1 depending on whether it is considered business income or ordinary income. If it is business income, you may be able to claim your expenses as a deduction.

A rental car tax deduction depends on whether you are self-employed and how much profit or loss you've made doing vehicle rentals.

IRS. " 1040 ."

IRS. " Instructions for Schedule C ."

IRS. " Individuals: Tax Reform Provisions That Affect Individuals ," expand "Itemized Losses."

IRS. " Publication 17, Your Federal Income Tax ."

IRS. " Income & Expenses/How Do You Distinguish Between a Business and a Hobby? "

IRS. " Publication 925, Passive Activity and At-Risk Rules ."

How to Deduct Travel Expenses (with Examples)

Reviewed by

November 3, 2022

This article is Tax Professional approved

Good news: most of the regular costs of business travel are tax deductible.

Even better news: as long as the trip is primarily for business, you can tack on a few vacation days and still deduct the trip from your taxes (in good conscience).

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Even though we advise against exploiting this deduction, we do want you to understand how to leverage the process to save on your taxes, and get some R&R while you’re at it.

Follow the steps in this guide to exactly what qualifies as a travel expense, and how to not cross the line.

The travel needs to qualify as a “business trip”

Unfortunately, you can’t just jump on the next plane to the Bahamas and write the trip off as one giant business expense. To write off travel expenses, the IRS requires that the primary purpose of the trip needs to be for business purposes.

Here’s how to make sure your travel qualifies as a business trip.

1. You need to leave your tax home

Your tax home is the locale where your business is based. Traveling for work isn’t technically a “business trip” until you leave your tax home for longer than a normal work day, with the intention of doing business in another location.

2. Your trip must consist “mostly” of business

The IRS measures your time away in days. For a getaway to qualify as a business trip, you need to spend the majority of your trip doing business.

For example, say you go away for a week (seven days). You spend five days meeting with clients, and a couple of days lounging on the beach. That qualifies as business trip.

But if you spend three days meeting with clients, and four days on the beach? That’s a vacation. Luckily, the days that you travel to and from your location are counted as work days.

3. The trip needs to be an “ordinary and necessary” expense

“Ordinary and necessary ” is a term used by the IRS to designate expenses that are “ordinary” for a business, given the industry it’s in, and “necessary” for the sake of carrying out business activities.

If there are two virtually identical conferences taking place—one in Honolulu, the other in your hometown—you can’t write off an all-expense-paid trip to Hawaii.

Likewise, if you need to rent a car to get around, you’ll have trouble writing off the cost of a Range Rover if a Toyota Camry will get you there just as fast.

What qualifies as “ordinary and necessary” can seem like a gray area at times, and you may be tempted to fudge it. Our advice: err on the side of caution. if the IRS chooses to investigate and discovers you’ve claimed an expense that wasn’t necessary for conducting business, you could face serious penalties .

4. You need to plan the trip in advance

You can’t show up at Universal Studios , hand out business cards to everyone you meet in line for the roller coaster, call it “networking,” and deduct the cost of the trip from your taxes. A business trip needs to be planned in advance.

Before your trip, plan where you’ll be each day, when, and outline who you’ll spend it with. Document your plans in writing before you leave. If possible, email a copy to someone so it gets a timestamp. This helps prove that there was professional intent behind your trip.

The rules are different when you travel outside the United States

Business travel rules are slightly relaxed when you travel abroad.

If you travel outside the USA for more than a week (seven consecutive days, not counting the day you depart the United States):

You must spend at least 75% of your time outside of the country conducting business for the entire getaway to qualify as a business trip.

If you travel outside the USA for more than a week, but spend less than 75% of your time doing business, you can still deduct travel costs proportional to how much time you do spend working during the trip.

For example, say you go on an eight-day international trip. If you spend at least six days conducting business, you can deduct the entire cost of the trip as a business expense—because 6 is equivalent to 75% of your time away, which, remember, is the minimum you must spend on business in order for the entire trip to qualify as a deductible business expense.

But if you only spend four days out of the eight-day trip conducting business—or just 50% of your time away—you would only be able to deduct 50% of the cost of your travel expenses, because the trip no longer qualifies as entirely for business.

List of travel expenses

Here are some examples of business travel deductions you can claim:

• Plane, train, and bus tickets between your home and your business destination
• Baggage fees
• Laundry and dry cleaning during your trip
• Rental car costs
• Hotel and Airbnb costs
• 50% of eligible business meals
• 50% of meals while traveling to and from your destination

On a business trip, you can deduct 100% of the cost of travel to your destination, whether that’s a plane, train, or bus ticket. If you rent a car to get there, and to get around, that cost is deductible, too.

The cost of your lodging is tax deductible. You can also potentially deduct the cost of lodging on the days when you’re not conducting business, but it depends on how you schedule your trip. The trick is to wedge “vacation days” in between work days.

Here’s a sample itinerary to explain how this works:

Thursday: Fly to Durham, NC. Friday: Meet with clients. Saturday: Intermediate line dancing lessons. Sunday: Advanced line dancing lessons. Monday: Meet with clients. Tuesday: Fly home.

Thursday and Tuesday are travel days (remember: travel days on business trips count as work days). And Friday and Monday, you’ll be conducting business.

It wouldn’t make sense to fly home for the weekend (your non-work days), only to fly back into Durham for your business meetings on Monday morning.

So, since you’re technically staying in Durham on Saturday and Sunday, between the days when you’ll be conducting business, the total cost of your lodging on the trip is tax deductible, even if you aren’t actually doing any work on the weekend.

It’s not your fault that your client meetings are happening in Durham—the unofficial line dancing capital of America .

Meals and entertainment during your stay

Even on a business trip, you can only deduct a portion of the meal and entertainment expenses that specifically facilitate business. So, if you’re in Louisiana closing a deal over some alligator nuggets, you can write off 50% of the bill.

Just make sure you make a note on the receipt, or in your expense-tracking app , about the nature of the meeting you conducted—who you met with, when, and what you discussed.

On the other hand, if you’re sampling the local cuisine and there’s no clear business justification for doing so, you’ll have to pay for the meal out of your own pocket.

Meals and entertainment while you travel

While you are traveling to the destination where you’re doing business, the meals you eat along the way can be deducted by 50% as business expenses.

This could be your chance to sample local delicacies and write them off on your tax return. Just make sure your tastes aren’t too extravagant. Just like any deductible business expense, the meals must remain “ordinary and necessary” for conducting business.

How Bench can help

Surprised at the kinds of expenses that are tax-deductible? Travel expenses are just one of many unexpected deductible costs that can reduce your tax bill. But with messy or incomplete financials, you can miss these tax saving expenses and end up with a bigger bill than necessary.

Enter Bench, America’s largest bookkeeping service. With a Bench subscription, your team of bookkeepers imports every transaction from your bank, credit cards, and merchant processors, accurately categorizing each and reviewing for hidden tax deductions. We provide you with complete and up-to-date bookkeeping, guaranteeing that you won’t miss a single opportunity to save.

Want to talk taxes with a professional? With a premium subscription, you get access to unlimited, on-demand consultations with our tax professionals. They can help you identify deductions, find unexpected opportunities for savings, and ensure you’re paying the smallest possible tax bill. Learn more .

Bringing friends & family on a business trip

Don’t feel like spending the vacation portion of your business trip all alone? While you can’t directly deduct the expense of bringing friends and family on business trips, some costs can be offset indirectly.

Driving to your destination

Have three or four empty seats in your car? Feel free to fill them. As long as you’re traveling for business, and renting a vehicle is a “necessary and ordinary” expense, you can still deduct your business mileage or car rental costs even when others join you for the ride.

One exception: If you incur extra mileage or “unnecessary” rental costs because you bring your family along for the ride, the expense is no longer deductible because it isn’t “necessary or ordinary.”

For example, let’s say you had to rent an extra large van to bring your children on a business trip. If you wouldn’t have needed to rent the same vehicle to travel alone, the expense of the extra large van no longer qualifies as a business deduction.

Renting a place to stay

Similar to the driving expense, you can only deduct lodging equivalent to what you would use if you were travelling alone.

However, there is some flexibility. If you pay for lodging to accommodate you and your family, you can deduct the portion of lodging costs that is equivalent to what you would pay only for yourself .

For example, let’s say a hotel room for one person costs $100, but a hotel room that can accommodate your family costs $150. You can rent the $150 option and deduct $100 of the cost as a business expense—because $100 is how much you’d be paying if you were staying there alone.

This deduction has the potential to save you a lot of money on accommodation for your family. Just make sure you hold on to receipts and records that state the prices of different rooms, in case you need to justify the expense to the IRS

Heads up. When it comes to AirBnB, the lines get blurry. It’s easy to compare the cost of a hotel room with one bed to a hotel room with two beds. But when you’re comparing significantly different lodgings, with different owners—a pool house versus a condo, for example—it becomes hard to justify deductions. Sticking to “traditional” lodging like hotels and motels may help you avoid scrutiny during an audit. And when in doubt: ask your tax advisor.

So your trip is technically a vacation? You can still claim any business-related expenses

The moment your getaway crosses the line from “business trip” to “vacation” (e.g. you spend more days toasting your buns than closing deals) you can no longer deduct business travel expenses.

Generally, a “vacation” is:

• A trip where you don’t spend the majority of your days doing business
• A business trip you can’t back up with correct documentation

However, you can still deduct regular business-related expenses if you happen to conduct business while you’re on vacay.

For example, say you visit Portland for fun, and one of your clients also lives in that city. You have a lunch meeting with your client while you’re in town. Because the lunch is business related, you can write off 50% of the cost of the meal, the same way you would any other business meal and entertainment expense . Just make sure you keep the receipt.

Meanwhile, the other “vacation” related expenses that made it possible to meet with this client in person—plane tickets to Portland, vehicle rental so you could drive around the city—cannot be deducted; the trip is still a vacation.

If your business travel is with your own vehicle

There are two ways to deduct business travel expenses when you’re using your own vehicle.

• Actual expenses method
• Standard mileage rate method

Actual expenses is where you total up the actual cost associated with using your vehicle (gas, insurance, new tires, parking fees, parking tickets while visiting a client etc.) and multiply it by the percentage of time you used it for business. If it was 50% for business during the tax year, you’d multiply your total car costs by 50%, and that’d be the amount you deduct.

Standard mileage is where you keep track of the business miles you drove during the tax year, and then you claim the standard mileage rate .

The cost of breaking the rules

Don’t bother trying to claim a business trip unless you have the paperwork to back it up. Use an app like Expensify to track business expenditure (especially when you travel for work) and master the art of small business recordkeeping .

If you claim eligible write offs and maintain proper documentation, you should have all of the records you need to justify your deductions during a tax audit.

Speaking of which, if your business is flagged to be audited, the IRS will make it a goal to notify you by mail as soon as possible after your filing. Usually, this is within two years of the date for which you’ve filed. However, the IRS reserves the right to go as far back as six years.

Tax penalties for disallowed business expense deductions

If you’re caught claiming a deduction you don’t qualify for, which helped you pay substantially less income tax than you should have, you’ll be penalized. In this case, “substantially less” means the equivalent of a difference of 10% of what you should have paid, or $5,000—whichever amount is higher.

The penalty is typically 20% of the difference between what you should have paid and what you actually paid in income tax. This is on top of making up the difference.

Ultimately, you’re paying back 120% of what you cheated off the IRS.

If you’re slightly confused at this point, don’t stress. Here’s an example to show you how this works:

Suppose you would normally pay $30,000 income tax. But because of a deduction you claimed, you only pay $29,000 income tax.

If the IRS determines that the deduction you claimed is illegitimate, you’ll have to pay the IRS $1200. That’s $1000 to make up the difference, and $200 for the penalty.

Form 8275 can help you avoid tax penalties

If you think a tax deduction may be challenged by the IRS, there’s a way you can file it while avoiding any chance of being penalized.

File Form 8275 along with your tax return. This form gives you the chance to highlight and explain the deduction in detail.

In the event you’re audited and the deduction you’ve listed on Form 8275 turns out to be illegitimate, you’ll still have to pay the difference to make up for what you should have paid in income tax—but you’ll be saved the 20% penalty.

Unfortunately, filing Form 8275 doesn’t reduce your chances of being audited.

Where to claim travel expenses

If you’re self-employed, you’ll claim travel expenses on Schedule C , which is part of Form 1040.

When it comes to taking advantage of the tax write-offs we’ve discussed in this article—or any tax write-offs, for that matter—the support of a professional bookkeeping team and a trusted CPA is essential.

Accurate financial statements will help you understand cash flow and track deductible expenses. And beyond filing your taxes, a CPA can spot deductions you may have overlooked, and represent you during a tax audit.

Learn more about how to find, hire, and work with an accountant . And when you’re ready to outsource your bookkeeping, try Bench .

Join over 140,000 fellow entrepreneurs who receive expert advice for their small business finances

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Tax Deductions for Business Travelers

When you are self-employed, you generally can deduct the ordinary and necessary expenses of traveling away from home for business from your income. But before you start listing travel deductions, make sure you understand what the Internal Revenue Service (IRS) means by "home," "business," and "ordinary and necessary expenses."

Ordinary vs. necessary expenses

Business home, not home sweet home, transportation expenses on a business trip are deductible, fees for getting around are deductible, lodging, meals and tips are deductible.

Key Takeaways

• Typically, you can deduct travel expenses if they are ordinary (common and accepted in your industry) and necessary (helpful and appropriate for your business).
• You can deduct business travel expenses when you are away from both your home and the location of your main place of business (tax home).
• Deductible expenses include transportation, baggage fees, car rentals, taxis and shuttles, lodging, tips, and fees.
• You can also deduct 50% of either the actual cost of meals or the standard meal allowance, which is based on the federal meals and incidental expense per diem rate.

The IRS defines expense ordinary and necessary expenses this way:

• An expense is ordinary if it is common and accepted in your industry
• An expense is necessary if it is helpful and appropriate for your business

You can claim business travel expenses when you're away from home but "home" doesn't always mean where your family lives. You also have a tax home—the city where your main place of business is located—which may not be the same as the location of your family home.

For example, if you live in Petaluma, California but your permanent work location is in San Jose where you stay in hotels and eat out during the work week, you typically can't deduct your expenses in San Jose or your transportation home on weekends.

• In this situation San Jose is your tax home , so no deductions are permitted for ordinary and necessary expenses there.
• Your trips to your home in Petaluma are not mandated by business.

Go by plane, train or bus—the actual cost of the ticket to ride is deductible, as well as any baggage fees. If you have to pay top dollar for a last-minute flight, the high-priced ticket is a business expense, but if you use frequent-flyer miles for a free ticket, the deduction is zero.

If you decide to rent a car to go on a business trip, the car rental is deductible. If you drive your own vehicle, you can usually take actual costs or the IRS standard mileage rate. For 2023 the rate is 65.5 cents per mile. You also can add tolls and parking costs onto your deduction. This amount increases to 67 cents per mile for 2024.

TurboTax Tip: Even if you use the federal meals and incidental expense per diem rates to calculate your deductions, be sure to keep receipts from all your meals and incidental expenses.

Fares for taxis or shuttles can be deducted as business travel expenses. For example, you can deduct the fare or other costs to go to:

• Airport or train station
• Hotel from the airport or train station
• Between your hotel and the work location
• Between clients in the area

If you rent a car when you arrive at your destination, the expense is deductible as long as the car is used exclusively for business. If you use it both for business and personal purposes, you can only deduct the portion of the rental used for business.

The IRS allows business travelers to deduct business-related meals and hotel costs, as long as they are reasonable considering the circumstances—not lavish or extravagant.

You would have to eat if you were home, so this might explain why the IRS limits meal deductions to 50% of either the:

• Actual cost of the meal
• Standard meal allowance

This allowance is based on the federal meals and incidental expense per diem rate that depends on where and when you travel.

Generally, you can deduct 50% of the cost of meals. Alternatively, if you do not incur any meal expenses nor claim the standard meal allowance, you can deduct the amount of $5 per day for incidental expenses. You can also deduct incidental expenses, such as:

• Fees and tips given to hotel staff
• Fees for porters and baggage carriers

But don't forget to keep track of the actual costs.

Let a local tax expert matched to your unique situation get your taxes done 100% right with TurboTax Live Full Service . Your expert will uncover industry-specific deductions for more tax breaks and file your taxes for you. Backed by our Full Service Guarantee . You can also file taxes on your own with TurboTax Premium . We’ll search over 500 deductions and credits so you don’t miss a thing.

Get unlimited advice, an expert final review and your maximum refund, guaranteed .

~37% of taxpayers qualify.  Form 1040 + limited credits only .

Looking for more information?

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The above article is intended to provide generalized financial information designed to educate a broad segment of the public; it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.

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• Itemized deductions claimed on Schedule A
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Business Travel Expenses for Rental Owners [2023 Update]

In general, business travel expenses must be considered both “ordinary and necessary” to be tax-deductible. Ordinary means it is common and accepted within the trade or business. Necessary means it is helpful and appropriate for the trade or business.

As a real estate investor, you’ll likely travel to and from your rental properties, other business locations, new markets, and education related events. While most of these activities are indeed ordinary and necessary, you must understand the rules for deducting travel expenses.

Local Business Travel Expenses

Most rental property owners routinely travel to and from rental properties located within driving distance. You might also travel to the bank, the hardware store, or to meet with your broker, your attorney, and so on.

If you established a home office, these miles are considered business miles and are tax deductible within your “tax home.” Your “tax home” is considered the geographic location (that is, the city or locality) where you have an established rental business that functions as your place of business.

There are usually two ways you can deduct these trips: 

• using the actual expense method, or 
• the standard mileage deduction.

Both methods require you to keep an IRS-compliant mileage log that contains the following:

• odometer at the beginning of the year 
• odometer at the end of the year
• the date of your trip
• the purpose of the trip 
• the amount of miles of the trip
• locations of your trip

Remembering to log the trip each time you drive somewhere for business can be a challenge. Use an automatic mileage tracking app like MileIQ in tandem with Stessa’s mileage expense feature to make sure you’re not missing any deductible miles.

Standard Mileage Rate

The standard mileage rate is the simplest way to deduct local travel expenses because it requires the least amount of tracking. 

Simply take the number of miles you drove for business and multiply it by the standard mileage rate to get your deduction. The standard mileage rate for 2022 is 58.5 cents per mile for 1/1/22 – 6/30/22 and 62.5 cents per mile from 7/1/22 to 12/31/22. The Internal Revenue Service (IRS) has updated the optional standard mileage rate in 2023 to 65.5 cents per mile for business travel.

You drive a total of 10,000 miles in 2023. 6,700 of those were business miles. Your mileage deduction for 2023 is $4,388.50 ($0.655 x 6700 miles).

The sole actual expenses you can deduct under this method, in addition to the mileage, are parking fees, tolls, interest on a car loan, and personal property tax on the vehicle.

To use the standard mileage rate, you must use it in the first year you use your vehicle for business purposes, otherwise you can only use the actual expense method. However, you can later switch to the actual expense method, and back again, so it’s generally best to start with the standard mileage rate.

Actual Expense Method 

Under the actual expense method, you can deduct a portion of your actual expenses from operating your vehicle. These expenses include, but are not limited to:

• lease payments
• gas and oil
• tolls and parking fees
• depreciation
• interest on car loans
• repairs and maintenance
• car washing
• other fees (for example, registration fees)

Note: Tickets and violations are NOT tax deductible.

Your deduction is based on the percentage of actual miles driven that you used your vehicle for rental business. This percentage is determined by dividing the amount of miles you drove for business by the total miles you drove for the year (business miles/total business and personal miles).

You will also need to keep records (receipts) of all these expenses throughout the year. Stessa’s mobile app can help as it includes OCR and machine learning to capture and automatically categorize receipts for free.

You drove a total of 10,000 miles in 2022. 6,700 were business miles. Your business percentage for the vehicle is 67% (6,700/10,000). After tallying up all the expenses related to your vehicle, the total is $8,000 for the year. You can deduct $5,360 for 2022($8,000 x 67% ).

Business Travel Expenses for New Markets

Travel expenses are treated differently when traveling to a new market outside of your tax home. 

Travel expenses incurred to research and evaluate any new property that you eventually purchase outside of your tax home will be added to the basis of the property and depreciated over 27.5 years. Once you purchase a rental property in the new geographic area, additional new travel to the same area to evaluate other potential acquisitions becomes tax deductible as a business expense.

If your rental activities rise above the level of “investor” (Frank v. Comm’r., 20 T.C. 511) then travel costs to look for properties falls into two categories:

• Expenses incurred to look at properties you purchase, and
• Expenses incurred to look at properties you don’t purchase.

Expenses incurred to look at the property you ultimately acquire will be added to the basis and depreciated over 27.5 years (Rev. Rul. 77-254).

Expenses incurred to look at property within a geographic location in which you already operate as a landlord are fully deductible assuming they are ordinary and necessary for the conduct of your landlord business. Expenses incurred to look at a property in a geographic location in which you do not already operate as a landlord are considered business start-up expenses. This is documented in O’Donnell v. Comm’r., 62 T.C. 781.

As with other expenses, travel must be ordinary and necessary.

Perhaps surprisingly, travel expenses incurred to evaluate property in a new market in which you don’t eventually purchase a property are not immediately deductible. These are considered start-up expenses that can only be deducted after purchasing your first property in the new geographic area.

What Types of Business Travel Expenses are Deductible?

Transportation .

Transportation to and from the business destination is tax deductible. This includes but is not limited to:

• train and bus tickets
• car expenses (see above)

Other transportation costs that are deductible include:

• expenses for travel to and from the airport (taxi, bus, etc.)
• from the lodging area (hotel, Airbnb, etc.) to the business location (potential rental property, conference center, etc.)
• rental cars

Lodging expenses (such as a hotel, Airbnb, etc.) on overnight stays that are required for sleep or rest are deductible.

Other Expenses 

• business meals outside of your tax home are 50% tax deductible
• dry cleaning 
• other ordinary and necessary business travel expenses

Entertainment is no longer tax deductible under The Tax Cuts and Jobs Act.

Mixing Personal & Business Travel

When you mix business travel with personal travel as many small business owners do, some of the expenses (like airfare) may still be tax deductible if the trip was primarily for business purposes. 

In general, this means you should be spending more than half of the total number of days you’re traveling on business activities versus personal activities. A day is considered a business day if you spend four or more hours on business activities.

However, lodging expenses, meals, and other expenses incurred during days primarily dedicated to non-business purposes are not tax deductible. In addition, any travel expenses for a spouse (or child) that isn’t traveling for a “bona fide” business purpose is not tax deductible.

Also keep in mind that if the trip is primarily for personal purposes, travel to and from the destination is not tax deductible but business expenses incurred during the same trip are deductible. 

You go on a seven-day business trip to visit your out-of-state investment portfolio and spend five days on business and the other two at the beach.

Because this trip was primarily for business purposes, the entire round-trip airfare, plus lodging, meals and related expenses for the five business days are business-related tax deductible. However, lodging, meals, and other expenses from the two personal days are not deductible.

Check out more topics on rental property tax deductions: 

• Rental Property Accounting Basics
• 9 Common Landlord Tax Deductions
• Pass-Through Deductions and Casualty Losses
• Rental Property Depreciation Overview
• Capital Improvements vs. Repairs and Maintenance Expenses
• Passive Activity Limits and Passive Losses
• Capital Gains, Depreciation Recapture, and 1031 Exchange Rules
• Short-Term Rentals and Related Taxes

While reasonable efforts were taken to furnish accurate and up-to-date information, we do not warrant that the information contained in and made available through this guide is 100% accurate, complete, and error-free. We assume no liability or responsibility for any errors or omissions in this guide.

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25 small business tax deductions- what’s new for 2023.

You work hard enough to ensure that your small business survives, and you don’t want to overlook any potential tax deductions that can maximize your savings.

In this article, we’ll cover the most important small business tax changes for 2023 and also provide information about solar energy installation credits and EV vehicle credits. Then, we’ll list all possible tax write-offs you can use, whether you’re a sole proprietor or running a small business with employees.

Remember that different deductions are available depending on your business’s structure – sole proprietorship, LLC, S-Corp or other classification.

Let’s dig right in and help you maximize potential benefits. We’ll start with a list of key changes for 2023, provide updated information about solar energy installations, and then list the top 25 tax deductions for small businesses.

IRS Reports Small Business Tax Changes for 2023

Maximum net earnings.  The maximum net self-employment earnings subject to the social security part of the self-employment tax is $160,200 for 2023. There is no maximum limit on earnings subject to the Medicare part.

Standard mileage rate.  For 2023, the standard mileage rate for the cost of operating your car, van, pickup, or panel truck for each mile of business use during 2023 increased to 65.5 cents a mile.

Redesigned Form 1040-SS.  For 2023, Schedule(s) C and SE (Form 1040) are available to be filed with Form 1040-SS, if applicable. For additional information, see the Instructions for Form 1040-SS.

Bonus depreciation.  The bonus depreciation deduction under section 168(k) begins its phaseout in 2023 with a reduction of the applicable limit from 100% to 80%.

Form 7205, Energy efficient commercial buildings deduction.  This form and its separate instructions are used to claim the section 179D deduction for qualifying energy efficient commercial building expenses that are now reported on new line 27b of Schedule C (Form 1040). See Form 7205 and its instructions for more information.

Commercial clean vehicle credit.  Businesses that buy a qualified commercial clean vehicle may qualify for a clean vehicle tax credit. See Form 8936 and its instructions for more information.

Business meal expense.  The temporary 100% deduction for business meal expenses has expired. The business meal deduction reverts back to the previous 50% allowable deduction beginning January 1, 2023.

Did You Install Solar Energy?

There are two types of tax credits available for small business owners who installed solar energy.

The Investment Tax Credit (ITC)

The ITC is a tax credit that reduces the federal income tax liability for a percentage of the cost of a solar system that is installed during the tax year. For 2023, as long as the project meets federal labor requirements, that’s a 30% of the cost tax credit.

The production tax credit (PTC)

The PTC is a per kilowatt-hour (kWh) tax credit for electricity generated by solar and other qualifying technologies for the first 10 years of a system’s operation. It reduces the federal income tax liability and is adjusted annually for inflation. In other words, check for the latest update on that number.

In general, solar systems that were placed in service in 2022 or later and begin construction before 2033 are eligible for a 30% ITC or a 2.75 ¢/kWh PTC if they meet labor requirements issued by the Treasury Department or are under 1 megawatt (MW) in size.

Top Tax Deductions for Small Business

Tax-deductible business expenses can help reduce your annual tax liability, so it’s important to know what deductions are available. Here are the top 25 small business tax deductions:

1. Home Office Deduction

If you use a portion of your home exclusively for business, then you can often claim the associated expenses, such as utilities, repairs, and insurance, as home office deductions . You can also deduct a portion of your rent or mortgage payments. This is calculated using a percentage – for example, if your home is 1,000 square feet and you use a 100-square-foot office, you can deduct 10% of your home expenses, such as mortgage payments and utilities.

2. Real Estate Taxes

If you own a business property, such as an office or retail store, then you can claim the associated real estate taxes as a tax deduction. You’ll need to provide proof of payment, such as a receipt or bank statement.

3. Business Meals

Meals consumed while conducting business can be deducted as long as they are reasonable. This includes meals with employees, clients, and vendors. In order to qualify for the deduction, the meal must be directly related to business and not personal in nature. However, for 2023, the deduction for meals was cut from 100% to 50% of the cost of the meal.

4. Legal and Professional Fees

Fees paid to attorneys, accountants, and other professional services can be deducted as business expenses. Services such as filing fees, audits, and incorporation costs can also be deducted.

5. Business Property Rental

Any rental payments for business property such as an office, warehouse, or equipment can be deducted. For example, if you’re a contractor and you lease a storage unit for supplies and tools, you can deduct that as a business expense. You’ll need to provide a lease agreement or rental receipt as your proof of payment. While you can’t deduct the total amount of your rent, you can deduct a portion that is equal to your business use.

6. Mortgage Interest

If you own a business property, you can claim the associated mortgage interest as a business expense and tax deduction. The deduction is limited to the amount of your loan’s principal balance and the associated interest rate.

7. Health Insurance Premiums

If you pay health insurance premiums for yourself or your employees, these can be deducted as a business expense. Note that in some cases, the IRS may limit the amount you can deduct, so it’s best to check with your tax advisor first.

8. Business Education Expenses

If you attend a seminar or take classes related to your business, the associated costs can be deducted as a business expense. This includes tuition, registration fees, and travel expenses. Online courses can also be deducted.

9. Internet Expenses

Do you pay for an internet connection for your business? If so, then the associated fees can be deducted. This includes monthly charges, equipment rental fees, and installation fees. Since every business is online these days, this deduction can be quite helpful.

10. Business Equipment

If you purchase business equipment, such as computers or furniture, the cost can be deducted. You may also be able to deduct any associated repair and maintenance costs. Make sure to keep your receipts and documentation.

11. Business Insurance Premiums

The cost of business insurance premiums can be deducted as a business expense. This includes liability, property, and life insurance. Note that some types of insurance may only be deductible if they are related directly to your business operations.

12. Business Travel Expenses

If you travel for business purposes, then the associated expenses can be deducted. This includes airfare, hotel stays, car rentals, and meals. Be sure to keep all receipts and documentation for your trips in case the IRS requests it.

13. Office Supplies Business Expense

Office supplies like paper, ink, and toner are all deductible business expenses. You can also deduct the cost of any other supplies that you use for your business, such as invoices and stationery.

14. Advertising & Marketing Costs

Advertising and marketing costs related to promoting your business, such as website design, can be deducted. This includes the cost of business cards, flyers, and other promotional materials. Online marketing expenses can also be deducted.

15. Phone Expenses

The cost of your business phone and associated charges can be deducted as a business expense. This includes cellular bills, landline charges, and long-distance calls. You may also be able to deduct any extra costs for business-specific features, such as a dedicated fax line.

16. Business Vehicle Expenses

Does your business have a company car or truck? If so, then the associated fuel and maintenance costs can be deducted. You can also deduct any mileage that is related to business trips. If your business has a fleet of vehicles, then this deduction can add up quickly. If you’re a sole proprietor and your vehicle is for both personal and business use, you can claim the mileage, but you must have accurate records detailing when the vehicle was used specifically for business.

17. Employee Compensation

If you have employees, then the cost of their salaries and wages can be deducted. You’ll also need to deduct any other compensation that is provided, such as bonuses and stock options. Be sure to comply with all applicable tax laws when deducting employee compensation.

18. Startup Costs

If your business is new, then you may be able to deduct the cost of launching it. This includes legal fees, accounting expenses, and other costs associated with setting up your business. Make sure to keep all of your receipts and documentation for this deduction as well.

19. Professional Service Fees

The cost of hiring a professional such as an accountant or lawyer is deductible. This includes any fees associated with filing taxes. It also includes any fees for legal advice or representation for any business-related matters, such as a contract review. Hiring a professional can save you time and money in the long run, so make sure to take advantage of this deduction.

20. Retirement Contributions

Contributions to a retirement plan for yourself and your employees can be deducted. This includes contributions to 401(k)s, IRAs, and other types of retirement plans. This deduction can help you save for your future and also provide benefits for your employees. These deductions are specific by state and can be found at the Small Business Administration website (http://sba.gov/business-guide/manage-you-business/pay-taxes.)

21. Bad Business Debt

Any debt that is deemed uncollectible can be deducted. This includes any money that is owed to you by customers or vendors but cannot be collected. This deduction can help offset any losses that your business may have incurred due to bad debt.

22. State Tax Deductions

Deductions on state and local taxes for businesses can vary from state to state, so be sure to check with your local tax authority for more information. Some states offer deductions on sales taxes or income taxes, while others have specific deductions that apply to certain industries. Make sure to take advantage of any available state tax deductions in order to reduce your business’s taxable income.

23. Employee and Client Gifts

If you give out client gifts or provide employee perks, such as holiday bonuses, those expenses can be deducted. This includes any items that are given out in appreciation of a job well done, such as gift cards or dinner vouchers. Just make sure to keep track of all gifts and bonuses to ensure that you take advantage of the deduction.

24. Foreign Earned Income Exclusion

If your business earns income in a foreign country, then you may be able to take advantage of the foreign-earned income exclusion. This can help reduce the amount of taxable income that you owe on your business earnings.

25. Charitable Contributions

Any donations that you make to a qualified charity can be deducted. This could include money, goods, or services that you provide to a charitable organization. Charitable giving can help to support a good cause while also providing you with a tax break.

Tips for Documentation and Record-Keeping

Effective documentation and record-keeping are pivotal for maximizing tax deductions. It’s essential to maintain organized records of all business-related expenses throughout the year. Utilize digital tools or accounting software to track expenses in real time.

Keep digital or physical copies of all receipts, invoices, and bank statements. Categorize expenses for easier reference and ensure that each expense is substantiated with appropriate documentation. Regularly reviewing and updating your records can significantly ease the tax filing process and support your deduction claims.

Common Mistakes to Avoid

Common mistakes in claiming tax deductions can lead to missed opportunities or, worse, trigger audits. One frequent error is the commingling of personal and business expenses.

That’s why often the first advice given to new small business owners is to start a business bank account and obtain a business credit card. Any fees related to banking services, such as wire transfers and international transactions, can be deducted. This includes any monthly or annual fees that you may be charged for having a business bank account. Be sure to keep track of any fees that you incur so that you can deduct them at tax time.

Overestimating deductions is another pitfall; only claim deductions for expenses that are ordinary and necessary for your business.

Neglecting to track small expenses or failing to stay updated on tax law changes can also result in losing out on valuable deductions. Being meticulous and conservative in your approach can help avoid these common mistakes.

Impact of Deductions on Overall Tax Strategy

The strategic use of tax deductions should be an integral part of your overall business tax strategy. Deductions can significantly lower taxable income and, consequently, the tax liability.

However, it’s crucial to understand how these deductions align with your business goals and financial plans. For instance, investing in equipment or technology may provide immediate deductions, but consider how these investments contribute to long-term business growth.

Also, assess how deductions like home office or vehicle expenses fit into your broader financial picture. A holistic approach to tax planning can optimize financial outcomes for your business.

Don’t forget you can use the latest  accounting software for small business  to find out what your tax liabilities are for the year.

Utilizing Professional Tax Assistance

Navigating the complexities of tax deductions can be challenging, especially for small business owners who juggle multiple responsibilities. Professional tax assistance can be invaluable in this regard.

Tax professionals can provide expert advice tailored to your specific business needs, ensuring you take advantage of all eligible deductions while remaining compliant with tax laws.

They can also offer strategic guidance on tax planning and help you prepare for future tax years. Investing in professional tax services can lead to significant long-term benefits for your business, including potential savings and reduced risk of errors.

How to Claim Small Business Tax Deductions

When it comes to claiming deductions on your small business income taxes, there are a few key things to keep in mind. Here is a step-by-step guide on exactly how to claim small business tax deductions:

Step 1: Gather the necessary documents

Before you start claiming deductions, make sure to gather all necessary documents, such as receipts or invoices for any expenses you are deducting.

Step 2: Fill out the appropriate tax forms

You will need to fill out all of the appropriate tax forms in order to claim deductions. This may include business income tax forms, as well as any state-specific tax forms.

Step 3: Calculate deductions

Once you have all the necessary paperwork in place, you can begin to calculate your deductions. This includes calculating all applicable business expenses, as well as any state or federal credits that may be available.

Step 4: File taxes

After calculating your deductions, you can file your income taxes using the appropriate forms. Make sure to double-check all information to avoid any issues with incorrect filings. It is important to learn as much as possible about  how to file self-employment taxes  if you are doing it yourself.

Step 5: Submit taxes

Once the tax forms are completed and filed, you can submit them to the IRS. After submitting, you should receive a confirmation that your taxes have been processed.

It is also worth noting the  top small business tax mistakes  owners make when they file so you can learn from their mistakes.

Here’s a comparison table of the above steps for quick and easy reference:

How to Maximize Your Tax Deductions and Cut Your Taxable Income

Tax deductions are an important way to reduce your taxable income and save money. With the right strategy, you can maximize your deductions and reduce your tax burden. Here are five ways to maximize tax deductions:

• Track all of your business expenses. If you want to maximize your deductions, you need to make sure you track any and all business expenses throughout the year. This includes anything from office supplies to travel expenses.
• Take advantage of deductions for self-employed individuals. If you are self-employed, you may be eligible for a variety of deductions, such as the  self-employed health insurance  deduction and the home office deduction.
• Look for any available state tax deductions. Many states offer additional deductions for businesses, such as research and development credits or sales tax deductions.
• Make sure to keep accurate records. Accurate records are essential for claiming any deductions. Make sure to keep track of all expenses, such as receipts and invoices.
• Consult with a tax professional. If you’re unsure how to maximize your deductions, it can be helpful to consult with a tax professional who can give you tailored advice.

What is the section 163(j) limitation on the deduction for business interest expense?

Generally, taxpayers can deduct interest expenses paid or accrued in the taxable year. However, if the section 163(j) limitation applies, the amount of deductible business interest expense in a taxable year cannot exceed the sum of:

• the taxpayer’s business interest income for the taxable year;
• 30% of the taxpayer’s adjusted taxable income (ATI) for the taxable year; and
• the taxpayer’s floor plan financing interest expense for the taxable year.

What’s going on with Net Loss Deductions?

The Tax Cuts and Jobs Act (TCJA), section 11012, as amended by the CARES Act, section 2304, and as further amended by the Inflation Reduction Act, section 13903, revised section 461(l) to limit the amount of losses from the trades or businesses of noncorporate taxpayers that the taxpayer can claim each year, beginning after 2020 and ending before 2029. You can’t deduct net losses in excess of a threshold amount in the current year. The amount of the excess business loss is treated as an NOL for the current year for purposes of determining any NOL carryover for later tax years. You’d use IRS Form 461 to figure the excess business loss.

Standard Deductions vs. Itemized Deductions?

Standard deductions are a set amount that taxpayers can deduct from their taxable income to reduce overall tax liability. This deduction is available to those who do not itemize their deductions on their tax return. For 2023, the standard deduction for a single filer is $14,600.

Itemized deductions are a list of expenses that can be used to reduce your taxable income if the total of the expenses is more than your standard deduction. Itemized deductions include medical bills, charitable donations, mortgage interest payments, and more.

Tax Deductions vs Tax Credits?

Tax deductions are an important tool for reducing one’s taxable income and the amount of taxes one must pay. They are different from tax credits, which are a dollar-for-dollar reduction in taxes owed.

Tax deductions reduce the amount of taxable income subject to tax, while tax credits reduce the total amount of taxes paid. It is important to understand the difference between these two types of tax relief in order to maximize your savings.

What is the 20% Business Tax Deduction?

That’s the qualified business income deduction (QBI). The QBI is a tax deduction that allows eligible self-employed and small-business owners to deduct up to 20% of their qualified business income on their taxes.

In general, total taxable income in 2023 must be under $182,100 for single filers or $364,200 for joint filers to qualify.

This deduction applies to businesses that are organized as pass-through entities, such as sole proprietorships, partnerships, and S-corporations. The deduction is based on the business’s net income from taxable activities and is limited by a variety of factors, such as the type of business, wages paid to employees, and the number of capital investments.

What types of business expenses are tax deductible without receipts?

Navigating the world of business expenses can be complex, especially when it comes to determining which costs are tax deductible without physical proof like receipts. The IRS understands the challenges businesses face and, thus, allows for the deduction of certain expenses even in the absence of receipt documentation. This provision, however, should be exercised with caution, ensuring that the expenses claimed are legitimate and justifiable.

Some business expenses that can typically be deducted without receipts include:

• Transportation: Costs associated with business-related travel, such as mileage or fuel for company vehicles.
• Office Supplies: Items like pens, paper, or other common supplies used in daily operations.
• Tools & Equipment: Essential tools or machinery required for business processes or services.
• Professional Services: Fees paid to professionals, including accountants or legal consultants.
• Marketing & Advertising: Expenses related to promoting the business, like online advertisements, brochures, or promotional events.

While these categories offer some flexibility, it’s still advisable for businesses to maintain thorough documentation whenever possible. Keeping organized records, even in the absence of receipts, can provide support during tax audits or financial reviews.

Businesses can still deduct certain expenses without needing receipts as evidence. Basic costs such as transportation, office supplies, and tools, services such as accountant fees, and marketing can be deducted without needing receipts.

What is the maximum tax refund you can get?

The maximum tax refund you can get is largely dependent on your individual income and filing status. Generally, the more money you make and the more deductions you take, the higher your refund amount will be. Additionally, tax credits and deductions can significantly increase your refund amount. Your best bet for maximizing your refund is to consult a tax professional who can provide you with tailored advice for your individual situation.

How can you lower your income tax?

There are several strategies you can use to lower your income tax bill. First, maximize deductions by tracking all of your business expenses and taking advantage of any applicable tax credits or deductions. Second, consider restructuring your business to take advantage of lower tax rates for entities such as S-corporations or LLCs. Finally, consider contributing to a retirement plan such as an IRA, 401(k), or SEP-IRA. These contributions can be deducted from your taxable income, reducing your overall tax liability.

How much can an LLC write off?

The amount an LLC can write off depends on the type of deductions it is taking. Generally, business expenses such as advertising costs, employee salaries, and office supplies are fully deductible. Additionally, LLCs may be eligible for various tax credits and deductions, such as the 20% business tax deduction discussed above. Consult a tax professional to determine the exact amount you can write off.

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21 Tax Write-Offs for Car Rental Providers

This content has been reviewed by an Enrolled Agent (EA) with the IRS — the highest credential awarded by the agency. Enrolled Agents are empowered to represent all taxpayers before the IRS, on all types of tax-related matters. Accountants who earn this certification have passed a comprehensive three-part exam on individual and business tax returns. To maintain EA status, they must stay up to date in the field by completing 72 hours of continuing education every three years.

Your NAICS business code is a six-digit string of numbers that shows the type of work your business does. (NAICS stands for North American Industry Classification System.) When you do your taxes, you’ll enter it in Box B of your Schedule C.

Ah, renting a car — the last true marker of adulthood. As a car rental provider, you provide temporary freedom to visitors, tourists, and people caught in a clutch. But who’s got your back when tax time comes?

At Keeper, we help keep more of your hard-earned rental income by finding all the best write-offs for car rental providers. Take these write-offs for a spin, and you’ll be surprised how much lower your tax bill can be. Don’t let these savings drive past you!

Schedule C, Box 9

Write off what you pay for any car repairs and scheduled maintenance.

Schedule C, Box 15

You can deduct the auto insurance premium on cars you rent out.

Schedule C, Box 23

State registration fees for the vehicles you rent out can be written off.

Schedule C, Box 27a

If you pay to park your car at a pickup location for renters, you can write this off.

Schedule C, Box 13

You can deduct the depreciation of the car you rent out each year.

Track and claim every eligible deduction with Keeper

Keeper is the top-rated all-in-one business expense tracker, tax filing service, and personal accountant.

Working as a car rental provider might mean driving your own car around town — perhaps to meet with a supplier, mechanic, or detailer. Luckily, you can write off a portion of the money you spend on your car . The amount you can claim is tied to the percentage of time you use it for work.

Parking for a meeting downtown, or any other work trip, is tax-deductible!

A toll while driving to or from a work destination is tax-deductible!

If you buy a new car, you can write off part of the cost every year for five years.

Schedule C, Box 22

Flashlights, tire iron, duct tape, and other tools you may need in your vehicle are deductible.

Car insurance monthly fees, registration, even roadside assistance are partially deductible.

Oil changes, repairs, and regular checkups are all tax-deductible if you drive for work.

If you meet with a potential client for lunch to try and secure a deal, the IRS views this as a business meal , and you can claim the cost on your taxes.

Similarly, the cost of grabbing a bite or drink with mechanics, car salespeople, or fellow car rental providers can be written off.

Schedule C, Box 24b

If you discuss work with a coworker, mentor, client, or prospective client, it's a write-off!

Heading to an out-of-town industry conference or workshop specifically for car rental providers? Go ahead and write off your travel expenses .

Schedule C, Box 24a

Planes, trains, and car rentals are all work-related travel costs that can be written off.

When you travel for work, lodging expenses such as hotel rooms or Airbnb are write offs.

When you're traveling for work, all meals are tax-deductible. Even takeout!

If you work from home, on client development or managing paperwork and finances, for example, the IRS allows you to claim a portion of your home office expenses — things like a new desk or a portion of your property insurance.

Schedule C, Box 18

A desk, chairs, lamps, and other home office necessities are all tax write-offs.

Schedule C, Box 21

You can write off up to $2,500 for individual repairs to your property.

Gotta keep the lights on in your home office! A portion of your electricity bill counts.

Whether it's rental or homeowners insurance, you can write off a portion through your home office deduction.

It'd be hard to work in an office without running water, huh? You water bill counts.

Schedule C, Box 25

Your Comcast bill is a tax write-off. You need internet to do your job!

You may also enjoy learning about:

Everything You Need to Know About the Business Travel Tax Deduction

What Education Expenses Are Tax-Deductible in 2024?

The Business Meal Deduction: A Freelancer's Guide

Ultimate Guide to Car Tax Deductions and Mileage

Receipts for Taxes: What Do You Need to Keep?

Can I Take the Standard Deduction and Deduct Business Expenses?

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How To Depreciate Your Car on Your Taxes

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How to (Legally) Deduct Rental Property Travel Expenses

Tax law in the U.S. can be extremely friendly to real estate investors. Rental property owners can deduct normal operating expenses, and use depreciation to reduce taxable net income. Another benefit of owning rental real estate is deducting travel expenses.

However, there’s a right way and a wrong way to claim travel expenses on your tax return. In this article, we’ll explain how rental property travel expenses work, along with some of the most common travel expense deductions for real estate investors. After all, tax deductions are often seen as one of the biggest benefits of owning real estate.

Note: this is not tax advice and we recommend you speak with your CPA to understand your specific situation.

Can Landlords Deduct Travel Expenses?

Landlords can deduct travel expenses when traveling to visit a remote real estate investment in another market and for going to a property you own locally. 

However, the IRS knows that travel expenses are one of the most abused deductions for business people, so it’s important to play by the rules before claiming a deduction for rental property travel expenses.

IRS and Travel Expense Deductions

According to IRS Publication 527 , Residential Rental Property:

“You can deduct the ordinary and necessary expenses of traveling away from home if the primary purpose of the trip is to collect rental income or to manage, conserve, or maintain your rental property. You must properly allocate your expenses between rental and nonrental activities. You can’t deduct the cost of traveling away from home if the primary purpose of the trip is to improve the property. The cost of improvements is recovered by taking depreciation.”

The IRS also provides additional guidance for travel expense deductions in Publication 463 .

Travel Expense Rules of Thumb

If you’re ever in doubt about whether a specific travel expense is deductible, it’s always a good idea to get professional advice from your accountant or CPA. With that in mind, here are some rules of thumb to follow to help understand if an expense incurred when traveling can be deducted on your tax return:

• Purpose of travel must be mainly for business and have a clear business purpose.
• Majority of the travel time must be spent on your rental business rather than leisure.
• Travel expenses must be “ordinary and necessary” for your real estate business but not overdone, such as staying in a 5-star resort versus an Airbnb or VRBO when going out of town.
• Rental activity like showing the property to prospective tenants or doing an inspection is also a deductible travel expense, provided that was the main reason for traveling.
• Traveling to conduct repairs and maintenance is deductible, but traveling to the property to make a capital improvement such as replacing the HVAC or installing a new roof is not a deductible expense.

Common Rental Property Travel Expense Deductions

Your travel expenses and the reason for taking a trip must have a logical connection to your rental property business. 

A good way to decide whether or not a travel expense is legitimate is to use common sense. For example, if your wife or partner says something along the lines of, “Wow, I didn’t know this was deductible!” you may want to think twice before claiming the travel expense.

Now, let’s take a look at some of the common rental property travel expense deductions real estate investors can claim:

• Expenses traveling to and from the airport, such as a taxi or Uber.
• Airfare, train, or bus fare.
• Car rental expenses and associated costs such as parking fees or tolls.
• Travel to a Home Depot or Lowes to shop for materials and supplies to be used for your rental property.
• Traveling to the property to show it to prospective tenants.
• Travel expenses incurred to interview or meet with members of your local real estate team, such as an accountant, attorney, leasing agent, property manager, lender, or general contractor.
• Costs of traveling to an event or meeting for continuing education purposes, such as a seminar, trade show, or convention.
• Shipping costs for luggage or items required for your rental property business.
• Lodging expenses and 50% of meal and beverage expenses incurred while you are traveling outside of your home market.
• Tips paid for service in conjunction with travel to your rental property.
• Miscellaneous expenses such as laundry and dry cleaning, groceries, computer rental fees, or internet charges.

Travel Expenses to a New Rental Market

A recent post on the Stessa blog explains how travel expenses are treated differently when going to a new market to investigate potential rental property to invest in. 

For example, let’s say you’ve been researching the Austin real estate market on the internet and know it’s one of the best cities to invest in real estate this year. 

If you travel to Austin, incur $2,000 in travel expenses, and eventually buy your first rental property in the market, those travel expenses are not immediately deductible. Instead, they must be capitalized by adding them to your property basis and depreciated over 27.5 years rather than being expensed the year they are incurred. 

Now, assume your first rental property in Austin performs beyond your wildest expectations and you want to buy another. This time your travel expenses can be fully deducted (instead of capitalized) because you already own a property in the market, assuming the travel expenses are ordinary and necessary for your rental property business in the market.

So what happens if you travel to a different city to research potential rental properties, but decide not to invest? 

In a situation like this, the travel costs are considered a business start-up expense and can only be deducted after you buy your first rental property in that market. If you’re a remote real estate investor, it may be a good idea to research as much as possible online. Then, wait to travel to the market once you have a property under contract and the home has passed its preliminary inspections.  

How Auto Deductions Work

Real estate investors who own rental property in their home market can claim the auto expense deduction provided by the IRS. 

As a side note, your home market – also known as your “tax home” – is your regular place of business. For most real estate investors, the home market is also the city that they live in. Even if you own rental property remotely, or in an area of the country outside of your home market, you still do the majority of your work on your rental property business from your home office.

There are two ways rental property owners can claim an auto expense deduction:

Standard Mileage Deduction

The standard mileage deduction is the easiest way to claim an auto deduction when traveling to a rental property in your own market. To calculate the mileage deduction, simply keep track of your miles driven for your rental property business and multiply by the standard mileage rate. 

The standard mileage rate issued by the IRS for 2021 for a car, van, pickup, or panel truck is 56 cents per mile. For example, if you drove a total of 500 miles this month for rental property-related purposes, the standard mileage deduction would be $280 (500 miles x 56 cents).

Actual Expense Deduction

The second way that rental property investors can claim an auto expense is by keeping track of all auto expenses and business-related miles, then claiming proportional share used for business as the actual auto expense deduction.

For example, assume your auto expenses – items such as car payments, gas and oil, insurance, repairs and maintenance, car washes, registration and license fees, and tolls and parking costs – were $975 this month. If you drove a total of 2,100 miles and 500 of those miles were related to your rental property business, your actual auto expense deduction would be $232:

• $975 total auto expenses / 2,100 total miles driven = 46.4 cents per mile
• 500 miles related to rental property business x 46.4 cents = $232

Keeping Track of Your Miles

Both the standard mileage deduction method and the actual expense deduction method require you to keep track of the miles driven for your rental property business:

• Odometer reading at the beginning of the period (usually the month or year).
• Odometer reading at the end of the period.
• For each business trip, the date and purpose of each trip, the number of miles driven, and the location of the tip.

How to Track Rental Property Travel Expenses

You can keep track of your mileage using a logbook or digitally. Smartphone apps for tracking mileage include MileIQ , SherpaShare , and TripLog .

If you’re using the actual expense deduction you’ll also need to keep track of your auto expenses. 

One of the easiest ways to do this is with Stessa’s mobile app . Each time you incur an auto expense, scan the receipt or invoice. Stessa’s machine learning and OCR technologies will parse all of the details and automatically organize the information for you.

Mixing Business with Pleasure

Sometimes it’s possible to mix personal and business travel provided that you do it strategically. Generally speaking, as long as at least 50% of your travel days were spent on your rental property business, your trip may still be tax-deductible

Of course, any lodging and meal expenses incurred on non-business days are not tax-deductible as a travel expense, nor are the travel expenses for a spouse, partner, or child unless they accompanied you on the trip for a legitimate business purpose.

Final Thoughts on Deducting Travel Expenses

There are a variety of reasons people invest in real estate – recurring rental income, appreciation in property value over the long term – and of course, rental property travel expenses. 

Whether you’re traveling outside of your home market as a remote real estate investor or going to rental property you own in-town, travel expenses are typically deductible as long as they’re ordinary and necessary for your rental property business.

Jeff has over 25 years of experience in all segments of the real estate industry including investing, brokerage, residential, commercial, and property management. While his real estate business runs on autopilot, he writes articles to help other investors grow and manage their real estate portfolios.

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What is Business Travel Insurance? | Money

U nexpected events can disrupt even the most meticulously planned business trip . From medical emergencies to trip cancellations , these hiccups can be stressful and costly.

This is where business travel insurance comes in. It acts as a safety net, safeguarding you against a variety of unforeseen expenses:

• Medical emergencies : This includes coverage for unexpected medical bills and treatment costs incurred during your trip.
• Trip cancellations and delays: This coverage provides reimbursement for non-refundable trip expenses if your journey is canceled or delayed due to covered reasons like illness or bad weather.
• Lost or delayed luggage: This covers the cost of replacing essential items if your luggage goes missing or arrives late.
• Medical evacuation and repatriation : Coverage for transport back home in case of a medical emergency .

Many business travel insurance plans go beyond the essentials, offering additional benefits:

• 24/7 Assistance: Access to customer service representatives who can help with travel arrangements, finding medical care , or language translation.
• Business Equipment Coverage: Upgrade your policy to include coverage for laptops, tablets, and other business essentials in case of loss, theft, or damage.
• Rental Vehicle Coverage: Add coverage for rental cars used during your business trip .

How does business travel insurance work?

Business travel insurance affords many of the same protections as personal travel insurance .

Most travel insurance policies reimburse travelers — up to the plan’s limits — if their insured trip is canceled, postponed or delayed due to a covered reason or if they incur emergency medical expenses. They also generally cover lost or delayed luggage and medical evacuation and repatriation.

Additionally, most insurers provide 24/7 customer service and assistance with things like making travel arrangements, finding medical care facilities and obtaining language support.

While coverage options and details vary by insurer, some of the best travel insurance companies let you customize their standard policies by adding coverage for business property and rental vehicles — for an additional cost.

Research the specific types of coverage offered by each company you’re considering before purchasing a plan. It may also be helpful to review our guide on what travel insurance covers .

What does business travel accident insurance cover?

Business travel accident (BTA) insurance can cover different things, depending on the company and policy you select. There is no standard definition for terms like business travel insurance and business travel accident insurance. Companies market various policies under names like these, but policy names don’t guarantee specific types of coverage.

That said, BTA policies may cover:

• Medical expenses stemming from an accident
• Medical evacuation and repatriation
• Emergency travel assistance
• Accidental death and dismemberment
• 24/7 travel assistance

Depending on the insurer, coverage may also extend to personal trips tied to business ones.

Types of coverages in a business travel insurance policy

Again, while coverage options vary by insurer, you can generally find travel insurance plans that bundle the following types of coverage.

Trip cancellation and interruption

When you take a trip, you typically pay for things like your flight, accommodations and activities before you leave. Trip cancellation and interruption insurance reimburses you for those pre-paid, non-refundable trip costs if you cannot travel due to a covered reason.

Your policy will list covered reasons for canceling or interrupting your trip in the description of coverage. However, some common covered reasons include:

• Illness or injury: You, your travel companion or a family member not traveling with you becoming ill or getting injured
• Death: The death of a family member or traveling companion
• Inclement weather: A natural disaster or severe weather at your destination
• Job loss: You or your traveling companion losing their job or getting laid off

To cancel your trip for reasons other than those listed as covered under your policy, you must purchase cancel for any reason (CFAR) coverage. As the name suggests, CFAR travel insurance will reimburse you a percentage of your total trip cost (typically 50% to 75%) if you cancel for any reason at all.

CFAR is generally sold as an upgrade, so it costs extra. And to qualify you must insure the entire cost of your trip and purchase coverage within a certain timeframe, among other potential requirements.

Medical expenses and emergency medical evacuation

Most travel insurance policies cover unforeseen medical emergencies and illnesses. So, if you sprain an ankle or get food poisoning during your business trip, your policy should reimburse you for a portion of the medical expenses you incur. This generally extends to dental emergencies and even emergency medical evacuation to the nearest medical facility and/or your home after you’re discharged.

However, it’s important to note that most plans don’t cover pre-existing conditions . Some insurance companies offer a waiver of their pre-existing conditions exclusion, provided you meet certain requirements. These generally include purchasing coverage soon after booking, insuring the full cost of your trip and being medically fit to travel.

Similarly, doctor visits for routine checkups or prescription refills aren’t covered under travel insurance. But if you’re a U.S. citizen traveling domestically, these and other expenses are likely covered under your health insurance policy.

Travel delays and missed connections

Your business travels could be interrupted by a missed connecting flight or unforeseen arrival or departure delays. In either scenario, you may be faced with unexpected costs such as last-minute hotel bookings or additional transportation expenses to reach your destination.

Most travel policies reimburse you (up to a maximum) for expenses stemming from delays in your travel plans. However, policies generally require a certain number of hours to have passed — three hours or more, for example — before this coverage takes effect.

Baggage loss and delay

If you’re traveling with luggage, there’s always a chance the airline could lose it or send it to the wrong location. If that happens, you may need to purchase new clothes and supplies.

Baggage loss and delay coverage can reimburse you for some of these expenses. However, just as with travel delay coverage, most plans require a certain number of hours to have passed before coverage takes effect.

Business equipment coverage

Companies selling business travel insurance offer optional coverage for business equipment such as laptops, tablets and cameras. If the equipment is lost or damaged by your airline carrier or is stolen during your trip, the policy can cover the cost of repairing or replacing the item — up to your policy limits.

Some insurers also cover part of the cost of repairing or replacing rental equipment that your airline carrier loses, damages or fails to deliver on time.

Conditions may apply with either of these options, so the insurer may require you to report the loss within a certain timeframe or take necessary precautions to avoid a loss. Additionally, the company may exclude certain items from coverage, including passports and other documents.

Rental car damage

Rental car damage coverage is an optional add-on you can purchase along with many base travel insurance policies. This coverage option can reimburse you up to the policy’s coverage limit if your rental car is damaged or stolen during the scheduled rental period.

As with other business travel insurance options, exclusions and conditions may apply. For example, for damages to be covered, the driver at the time of the accident must generally be the same person listed in the rental car agreement.

Note, however, that not all rental car companies accept rental car damage as a suitable form of coverage. Always check with the car rental agency before purchasing this rider.

Who needs business travel insurance?

If you frequently travel for work, business travel insurance can help you cover a portion of the expenses you may incur in the event of a medical emergency, travel delay, cancellation or other covered loss.

This type of policy can benefit those who don’t have business travel coverage through their employer or are self-employed and often travel overseas carrying valuable business equipment. Even if your employer provides travel insurance, you may still want to purchase individual policy to supplement any gaps in their coverage.

How to get business travel insurance

If you think business travel insurance may be right for you, following these steps can help you get the right travel insurance policy and coverage amount.

1. Determine the type and level of coverage you need

Your first step should be to determine the amount of coverage you need for your upcoming trip. To do that, consider whether you already have coverage through a credit card or other form of insurance.

For instance, some of the best business credit cards provide travel insurance and protection if you use the card to book your plane ticket, hotel room or rental vehicle. Depending on your needs and whether your credit card provides primary or secondary coverage, you may not need additional insurance.

Similarly, if you’re traveling domestically, your health insurance policy likely covers medical emergencies that happen across state lines. And your homeowners or renters insurance should cover personal property stored in your vehicle.

If you’re traveling internationally and don’t have other forms of coverage, consider the risks you’re likely to face during your business trip. For example, if you’re traveling with valuable gear, opting for a policy with a high coverage limit for business equipment can protect your pocket and give you peace of mind.

Lastly, if you’re a frequent business traveler, an annual travel insurance plan may be more cost-effective than purchasing separate single-trip plans. Annual plans generally cover all eligible trips you take within the coverage period, as long as each one doesn’t exceed the maximum trip duration outlined by the plan.

2. Compare travel insurance plans from reputable providers

Once you have a good idea of the type and level of coverage you need, start comparing plans from multiple companies. Remember that while some insurers sell dedicated business travel policies, others provide comparable coverage through their standard travel insurance plans.

Regardless of marketing terms, compare policies based on the following:

• Coverage exclusions
• Coverage limits and maximum benefit amounts
• Deductibles you may need to pay before your coverage activates

You may also want to check out travel insurance reviews to get a better sense of a company’s overall offer.

4. Get quotes from multiple travel insurers

To find the coverage you need at the best price, compare travel insurance quotes from multiple companies. Most travel insurers feature quote tools on their websites that can provide accurate price estimates in minutes. All you need to do is input basic personal information and travel details such as:

• Your age and location
• Your travel destination
• The total cost of your trip
• The coverage tier and optional add-ons you want

5. Purchase the policy that best suits your needs and budget

The last step in the process is to compare the insurance offers you’ve gathered and choose the one that best aligns with your requirements. While it may be clear which company offers the most extensive coverage for a reasonable price, you should also be mindful of deductibles and exclusions that could increase your out-of-pocket costs should you need to file a claim.

Is business travel insurance worth it?

The cost of travel insurance can range from 4% to 12% of your total trip cost. That may or may not be a figure you believe is worth paying. The decision comes down to the risks you’re likely to face during your travels and the level of financial responsibility you’re willing to assume in the event of a medical emergency, loss, delay or cancellation.

Summary of Money’s what is business travel insurance

Business travel insurance can provide financial protection for your next business trip by reimbursing you for a portion of the expenses you might incur if you had a medical emergency, travel delay or other covered loss.

While some companies market business insurance as a separate product, these policies generally offer many of the same coverage options as other travel insurance policies. However, some insurers also extend coverage to business equipment and business equipment rentals.

As with any other form of insurance, read your policy details carefully to understand exactly what your plan covers and to what extent.

© Copyright 2024 Money Group, LLC . All Rights Reserved.

This article originally appeared on Money.com and may contain affiliate links for which Money receives compensation. Opinions expressed in this article are the author's alone, not those of a third-party entity, and have not been reviewed, approved, or otherwise endorsed. Offers may be subject to change without notice. For more information, read Money’s full disclaimer .

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Most expensed rental car companies by North American business travelers 2018

Most expensed rental car companies by business travelers in north america in 2018, by quarter.

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* The expense percentage represents the number of expenses divided by the total number of expenses for the expense type. The figures are compiled from actual expense data submitted in expense forms.

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Car hire at Moscow Vnukovo Airport

Search hundreds of travel sites at once for car hire deals at moscow vnukovo airport (vko).

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Filter your deals Filter by car type, brand and more. Instantly customise your results.

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Cheap car hire at Moscow Vnukovo airport

Top tips for hiring a car at moscow vnukovo airport.

• Whether you’re visiting Moscow for a week or a month, getting a car rental at Moscow Vnukovo Airport (VKO) is the best way to explore the Russian capital. You’ll traverse various parts of the city that aren’t fully accessible by public transport. Self-driving lets you choose the shortest route to your destination and avoid traffic. Renting a car will save you money compared to using a taxi when you look at the overall costs to multiple destinations.
• Collecting your rental car at Moscow Vnukovo Airport isn’t that complicated. You’ll find several local and international car rental suppliers at the airport with an on-site counter. Car rental desks at VKO are on the ground level in the Arrivals section, Terminal A. Once you get to the airport, head straight to your preferred company’s rental desk. You can also visit the rental desks after booking online. Make sure you carry all the requested documents. After processing, a staff member from the rental company will guide you to the pick-up point outside the terminal. Take your time to inspect the car for any dents or damages. Check the fuel level and make sure your maps are working and in your preferred language since most road signs in Moscow are in Russian.
• The other benefit of getting a car rental at Moscow Vnukovo Airport is that you’ll have a smooth return process. Most rental companies will ask you to return the rental car to the exact location you collected it, or the drop-off point stated in your rental contract. What you should pay attention to is the return period. Make sure you return the car on time to avoid the late return penalty fee. You can inform the company early if you’re facing challenges and can’t return the rental car on time. After dropping off the vehicle, conduct a final inspection to check for damages before heading to your rental counter for clearance.
• Moscow Vnukovo Airport usually gets busy between March to July when most tourists visit for the summer holidays. During this period, car rental bookings are generally high. You can experience long waits at the car rental counter. The airport also gets busy during weekends, special events, holidays, and major conferences in Moscow. We advise you to book in advance for availability and to save money since rates are comparatively pricey during the peak travel season.
• Book your car hire at Moscow Vnukovo airport at least 4 weeks before your trip in order to get a below-average price

FAQs about hiring a car at Moscow Vnukovo airport

What documents do i need to rent a car at moscow vnukovo airport.

To rent a car at Moscow Vnukovo Airport, you will need a valid driver’s license from your home country that has been valid for at least one year. You should provide an International Driving Permit for translation purposes. Most companies will also require your passport for additional proof of identity. A valid credit card with enough cash for deposit and payment must also be presented. Some companies will ask you to bring a printout of the booking confirmation voucher sent to your mail.

What amenities are available at Moscow Vnukovo Airport?

You’ll have access to several amenities when you opt for a car rental at Moscow Vnukovo Airport, including showers in various lounges, ATMs, luggage carts, and free Wi-Fi. If you’re traveling with children, you can take advantage of the children’s playroom in Terminal A. There is a parenting room equipped with changing tables, baby cribs, and play areas for parents traveling with newborns. VKO is perfectly equipped for passengers with reduced mobility.

How can I pay for my Moscow Vnukovo Airport car rental?

The best way to pay for your Moscow Vnukovo Airport car rental is using a major credit card. It is a secure option for renters and the best security for rental companies during your rental period. Few car rental suppliers may let you pay using a debit card but with several limitations and requirements. They will restrict you to certain types of rental cars, and you may be asked to produce additional proof of identity or your return travel details.

Which car hire companies will pick you up at Moscow Vnukovo airport?

Car hire companies that offer shuttle or pick-up services from Moscow Vnukovo airport to off-airport locations include Avis, Rentmotors, Sixt, and TIS Car.

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Locations in Moscow Vnukovo Airport

Vnukovo Int Apt

Vnukovo Air Term A Meet N Greet

+7 495 640 82 82

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3 locations in Moscow Vnukovo Airport

Poselok Vnukovo 2 Reysovaya Street

Vnukovo Airport Intl Arrival Zone- 2, 2Nd Reisovaya Str.

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Mosco - Vnukovo Airport

+7 916 724 04 55

Terminal A, Counter 34

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IDrive Rent-A-Car

+7 499 685 4725

Vnukovo airport

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2024 Guide to HMRC Mileage Rates for Businesses

Dealing with HMRC mileage rates can be tricky, but it doesn't have to be a headache.   

If you're looking for a simpler way to manage business travel expenses and stay on top of compliance , we've got some insights that can help.   

We'll be covering:

• What are the HMRC Mileage Rates?
• What is the HMRC Mileage Allowance?
• When Can Employees Claim Business Mileage from Home?
• What is Travel Allowance in the UK?
• What are HMRC Fuel Advisory Rates?
• HMRC Mileage Rates for Electric Cars
• Taxation of HMRC Mileage Rates
• How to Apply the HMRC Business Mileage Rates: A Guide for Employers
• Keeping a Mileage Log for HMRC Compliance

Let's make managing travel expenses easier together.  

What are the HMRC Mileage Rates?  

The HMRC sets specific mileage rates for individuals using their personal vehicles for business purposes. These rates are designed to simplify calculating travel expenses for employers and employees, ensuring fair compensation for business use of a personal car.  

Breakdown of HMRC Mileage Rates  

Cars & vans : For the first 10,000 miles in a tax year, the rate is 45 pence per mile. Once you exceed this threshold, the rate drops to 25 pence for each additional mile.  

Motorcycles : A consistent rate of 24 pence per mile applies, irrespective of the distance travelled within the tax year.  

Bicycles : Cyclists can claim 20 pence per mile for business miles travelled.  

The HMRC 10,000 Mile Threshold  

The initial 10,000 miles are considered to bear a higher cost, accounting for the vehicle's depreciation, maintenance, and running costs.  

The rate reduction beyond 10,000 miles acknowledges the supposed decrease in these costs as the vehicle ages and accumulates mileage.  

What do HMRC Mileage Rates Cover?   

The HMRC mileage rates are meticulously calculated to cover all expenses associated with using a personal vehicle for business purposes.  

This includes, but is not limited to:   

Maintenance  

Insurance costs  

The intention is to offer a straightforward, fair mechanism for employees to be reimbursed without having to detail every individual cost incurred.  

What is the HMRC Mileage Allowance?  

The HMRC mileage allowance is a rate set by HMRC that allows businesses in the UK to reimburse employees for the use of their personal vehicles for business purposes.   

The primary goal of the mileage allowance is to provide a tax-free threshold for mileage reimbursement, ensuring that employees are compensated for the business use of their vehicles without incurring additional tax liabilities.  

Tax Implications of Mileage Allowances for Employers & Employees  

The HMRC mileage allowance is designed with tax efficiency in mind.   

Reimbursements made at or below the HMRC-approved rates are not subject to tax or National Insurance contributions. This applies to both employers and employees, making it a tax-efficient way to handle business travel expenses .  

For Employers:  

Reimbursements within the HMRC rates do not incur additional tax liabilities.  

Payments above the HMRC rates must be reported, and the excess is subject to tax and National Insurance contributions.  

For Employees:  

Receiving mileage allowance at or below the HMRC rates does not affect taxable income.  

If reimbursements are below the HMRC rates, employees can claim Mileage Allowance Relief on their tax return for the difference.  

When Can Employees Claim Business Mileage from Home?  

The HMRC guidelines allow employees to claim mileage for travel from their home to a temporary workplace or for specific business journeys that aren't part of their regular commute.   

The key criteria for these claims under the HMRC mileage rates include:  

Temporary workplace visits : If you’re travelling to a location for a limited duration or for a temporary purpose, this can qualify as a claimable business journey.  

Distinct business journeys : Travelling from home directly to meet clients, attend business meetings at different locations, or carry out site visits are examples of claimable business mileage.  

Regular Commute vs Business Travel: The Difference  

Regular commute : This is travel between your home and your permanent place of work. These journeys are not claimable under HMRC mileage rates because they’re considered as non-business travel.  

Business travel : This encompasses any travel that is solely for business purposes, excluding your normal commute. It's these journeys that the HMRC mileage rates aim to cover, ensuring employees are reimbursed for the additional costs incurred.  

Claiming Your Business Mileage  

For employees looking to claim their business mileage , here's a simplified process:  

Document your journeys. Keep a detailed log of your business journeys, including dates, destinations, and miles travelled. Documentation is key to substantiating your claims.  

Calculate your mileage. Use the current HMRC mileage rates to calculate your total claim amount. Remember, the rates differ depending on the vehicle used and the number of business miles covered.  

Submit your claim. Provide your documented journey log and calculated mileage to your employer. Employers typically have a process in place for these reimbursements.  

For employers:  

Ensure clarity around what constitutes claimable business mileage and communicate this effectively to your team to streamline the reimbursement process.   

Offer support and guidance on how to log and claim business mileage. This will not only ensure compliance with HMRC guidelines but also foster a transparent and supportive work environment.  

What is Travel Allowance in the UK?  

Travel allowance encompasses a broader spectrum of work-related travel expenses than mileage allowance. While mileage allowance specifically covers the costs of using a personal vehicle for business purposes, travel allowance can include various other travel-related expenses.  

Travel Allowance vs Mileage Allowance: The Difference  

Mileage allowance : Directly related to the use of a personal vehicle for business journeys, calculated using the HMRC mileage rates. It's designed to cover vehicle-related costs such as fuel, maintenance, and depreciation.  

Travel allowance : Encompasses a wider range of employee travel expenses incurred due to business activities. This can include public transport fares, accommodation costs, and meals during business travel, in addition to mileage costs when using public or alternative modes of transport.  

Criteria for Claiming Travel Allowances  

To claim travel allowances effectively, understanding the criteria set by HMRC is essential. Claims must be for expenses wholly, exclusively, and necessarily incurred in the performance of the duties of employment.   

Key criteria include:  

Temporary work locations : Travel expenses to and from temporary work locations can qualify for travel allowance claims.  

Necessary overnight stays : Costs incurred during necessary overnight business trips, including accommodation and meals, are claimable.  

Public transport usage : Expenses related to business travel via public transport, including trains, buses, and taxis, fall under travel allowance.  

What is Included in the Travel Allowance UK?  

Transport costs : Train tickets, bus fares, taxi receipts, and airline tickets for business-related travel.  

Accommodation : Hotel or other lodging expenses when overnight stays are required for business purposes.  

Meals and subsistence : Reasonable costs for meals during business travel, subject to HMRC guidelines.  

Incidental expenses : Minor costs associated with business travel, such as internet charges at a hotel.  

Both employers and employees need to keep detailed records and receipts for all travel expenses claimed under the travel allowance.

This not only ensures compliance with HMRC regulations but also facilitates a smooth reimbursement process.  

What are HMRC Fuel Advisory Rates?  

HMRC Fuel Advisory Rates are guidelines set for the reimbursement of fuel expenses incurred during business travel in company cars and vans. These rates are designed to:  

Reimburse employees for business travel in their company vehicles.  

Allow employees to repay the cost of fuel used for private travel in company vehicles.  

It’s important to note that these rates should not be used in circumstances other than those specified above.  

How are Fuel Advisory Rates Calculated?  

The process of calculating these rates is both systematic and reflective of current market conditions.

Here’s how HMRC determines the advisory fuel rates:  

Quarterly reviews : HMRC reviews the rates quarterly, considering the latest fuel prices and vehicle efficiency data.  

Fuel prices : The latest prices for petrol, diesel, and LPG are obtained from reliable sources, including the Department for Energy Security and Net Zero and the Automobile Association.  

Vehicle efficiency : Average miles per gallon (MPG) figures are derived from manufacturer data and adjusted for annual sales to businesses. For LPG vehicles, the MPG used is 20% lower than for petrol due to lower energy density.  

Electric vehicles : The advisory rate for electric cars is calculated using electricity price data and car electrical consumption rates, ensuring a fair assessment of electric vehicle running costs.  

Note : You can calculate employee car and fuel benefits using HMRC’s calculator .  

Applying the HMRC Fuel Advisory Rates  

Employers can apply these rates in two key scenarios:  

Reimbursing employees : If the mileage rate paid to employees does not exceed the advisory fuel rates based on the engine size and fuel type of the company car, there’s no taxable profit or National Insurance contribution due.  

Employees repaying for private travel : Correct recording and repayment of private travel mileage at these rates or higher ensure there’s no fuel benefit charge.  

Key Points for Employers & Employees:  

Employers have the flexibility to use their own rates if their vehicles are more fuel-efficient or if the cost of business travel is higher than the guideline rates, provided they can justify the higher cost per mile.  

Employees must accurately record all private travel mileage and use the correct rate to calculate repayments for fuel used for private travel.  

HMRC Mileage Rates for Electric Cars  

Electric vehicles (EVs) offer a unique set of advantages and challenges when it comes to business travel. Recognising this, HMRC provides specific mileage rates for electric cars, distinct from those for petrol, diesel, or hybrid vehicles.   

These rates are designed to account for the cost of electricity used for business travel, rather than fuel consumption, offering a fair and equitable means of reimbursement for EV users.  

Impact of Electric Cars on Business Travel Expenses & Reimbursements  

The adoption of electric vehicles can significantly alter the landscape of corporate travel expenses :  

Cost-effectiveness : Generally, electric cars are cheaper to "fuel" compared to traditional petrol or diesel vehicles, potentially reducing overall travel expenses.  

Environmental benefits : Encouraging the use of EVs aligns with corporate sustainability goals , reducing the carbon footprint associated with business travel.  

Tax incentives : Utilising HMRC’s mileage rates for electric cars can also offer tax benefits, aligning financial incentives with eco-friendly practices.  

What is the HMRC Mileage Rate for Electric Cars?  

As of 1 March 2024, the HMRC mileage rate for fully electric cars is set at 9 pence per mile .   

This rate provides a simple way for businesses and employees to calculate reimbursements for business travel using electric vehicles, ensuring that drivers are compensated for the electricity cost of their journeys.  

Note : This rate is subject to periodic reviews by HMRC, reflecting changes in electricity costs and the evolving efficiency of electric vehicles. Make sure to stay updated with the latest rates to ensure compliance and maximise the benefits of integrating electric vehicles into your fleets.  

Taxation of HMRC Mileage Rates  

The HMRC mileage rates are designed to simplify the reimbursement process for business travel, providing a tax-efficient framework for compensating employees. But, are HMRC mileage rates taxable?   

The answer hinges on adherence to the prescribed rates and the purpose of the journeys:  

Non-taxable allowances : Mileage allowances paid at or below the HMRC-approved rates for business travel are not considered taxable income. These rates are calculated to cover the vehicle's operating costs, and reimbursements within these limits do not require tax payments from the employee.  

Excess payments : Should an employer choose to reimburse at a rate higher than the HMRC-specified mileage rates without justifying the increased expense, the excess amount could be subject to tax and National Insurance contributions as it is considered earnings.  

Employer Reporting Obligations  

Employers play a crucial role in ensuring the tax efficiency of mileage reimbursements:  

P11D forms : When providing mileage allowances, employers must report any amounts that exceed the approved HMRC mileage rates on the employee's P11D form . This form details benefits and expenses that have not been subject to PAYE tax.  

PAYE Settlement Agreements : In some cases, employers may opt to cover the tax on excess mileage payments through a PAYE Settlement Agreement (PSA) . This agreement allows the employer to make one annual payment to HMRC covering all taxes due on minor, irregular, or impracticable employee expenses or benefits, including mileage rate excesses.  

Are HMRC Mileage Rates Taxable?   

As long as mileage allowances do not exceed the prescribed rates for the actual business miles travelled, they remain tax-free.   

This approach incentivises the accurate recording and reporting of business travel, aligning employee reimbursements with actual travel costs without additional tax burdens.  

How to Apply the HMRC Business Mileage Rates: A Guide for Employers  

Understanding how to apply HMRC mileage rates correctly not only aligns with legal requirements but also supports fair and transparent compensation for employees using their personal vehicles for work .   

Step 1: Understand the Rates  

Familiarise yourself with the current HMRC mileage rates for cars, vans, motorcycles, and bicycles.

These rates are designed to cover the cost of using personal vehicles for business purposes, including fuel, maintenance, and wear and tear.  

Step 2: Establish a Policy  

Develop a clear corporate expense policy on business mileage that includes how and when mileage can be claimed, the documentation required for claims, and how the HMRC mileage rates will be applied within your organisation.  

Need help building your expense policy? Use our free expenses policy template .

Step 3: Educate Your Team  

Ensure that all employees understand the policy, the importance of accurate mileage tracking, and how to submit mileage claims.

Clear communication prevents misunderstandings and promotes compliance.  

Step 4: Implement Mileage Tracking  

Encourage employees to keep detailed logs of their business mileage.

Whether through manual logs or digital tools, accurate records are crucial for compliance and reimbursement.  

Step 5: Verify & Calculate Reimbursements  

Review submitted mileage logs for accuracy and calculate reimbursements using the HMRC mileage rates.

Ensure that claims are justified and fall within the guidelines provided by HMRC.  

Step 6: Process Reimbursements  

Timely process mileage expense claims, providing reimbursements through payroll or as a separate payment, according to your business practices.  

Keeping a Mileage Log for HMRC Compliance  

Let's break down why keeping a detailed mileage log is crucial and how digital tools can make this task simpler and more reliable:  

The Benefits of Keeping Detailed Mileage Logs  

Ensuring tax compliance : Precise mileage logs are your safeguard against tax issues. They serve as solid evidence that supports your travel expense claims according to HMRC mileage rates, ensuring you stay on the right side of tax laws.  

Guaranteeing correct reimbursements : For both individuals and businesses, accurate logs mean accurate reimbursements. No guesswork involved - every mile travelled for business is accounted for and compensated correctly.  

Preparedness for audits : Should HMRC inquire further into your travel claims, a comprehensive mileage log provides a clear, detailed account of your business journeys, proving that your claims are justified and compliant.  

How Technology Simplifies Mileage Tracking  

Gone are the days of pen and paper logs - technology offers a streamlined, error-minimising approach to mileage tracking .  

One standout solution is ExpenseIn , an expense management solution that embodies efficiency and compliance in mileage tracking.  

Why Choose ExpenseIn for Your Mileage Tracking Needs?  

Automated journey tracking : Utilise GPS technology to automatically record your trips' start and end points, ensuring every business mile is accurately captured without manual input.  

HMRC-compliant mileage logs : Generate logs that meet HMRC's strict requirements, detailing every aspect of your business travel, from dates and distances to the purpose of each journey.  

Ease of use and integration : With user-friendly interfaces and compatibility with various financial systems, tools like ExpenseIn make mileage logging accessible and straightforward, no matter where you are.  

Moving to a digital mileage log system is not just about compliance; it's about embracing a solution that offers clarity, convenience, and confidence in every mile you log for business.  

Ready to transform how you track mileage? Take the first step with ExpenseIn. Book a demo today and discover how our tool can simplify your mileage logging, ensure HMRC compliance, and save you time and money.  

Explore our faster, simpler and smarter approach to expense management.

Related stories, are your mileage expense records hmrc compliant.

HMRC PAYE Explained: Tax Deductions, Deadlines & Requirements

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Topic no. 510, Business use of car

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If you use your car only for business purposes, you may deduct its entire cost of ownership and operation (subject to limits discussed later). However, if you use the car for both business and personal purposes, you may deduct only the cost of its business use.

You can generally figure the amount of your deductible car expense by using one of two methods: the standard mileage rate method or the actual expense method. If you qualify to use both methods, you may want to figure your deduction both ways before choosing a method to see which one gives you a larger deduction.

Standard mileage rate - For the standard mileage rate for the cost of operating your car for business, refer to Standard mileage rates or  Publication 463, Travel, Entertainment, Gift, and Car Expenses . To use the standard mileage rate, you must own or lease the car and:

• You must not operate five or more cars at the same time, as in a fleet operation,
• You must not have claimed a depreciation deduction for the car using any method other than straight-line,
• You must not have claimed a Section 179 deduction on the car,
• You must not have claimed the special depreciation allowance on the car, and
• You must not have claimed actual expenses after 1997 for a car you lease.

To use the standard mileage rate for a car you own, you must choose to use it in the first year the car is available for use in your business. Then, in later years, you can choose to use the standard mileage rate or actual expenses.

For a car you lease, you must use the standard mileage rate method for the entire lease period (including renewals) if you choose the standard mileage rate.

Actual expenses - To use the actual expense method, you must determine what it actually costs to operate the car for the portion of the overall use of the car that's business use. Include gas, oil, repairs, tires, insurance, registration fees, licenses, and depreciation (or lease payments) attributable to the portion of the total miles driven that are business miles.

Note: Other car expenses for parking fees and tolls attributable to business use are separately deductible, whether you use the standard mileage rate or actual expenses.

Depreciation

Generally, the Modified Accelerated Cost Recovery System (MACRS) is the only depreciation method that can be used by car owners to depreciate any car placed in service after 1986. However, if you used the standard mileage rate in the year you place the car in service and change to the actual expense method in a later year and before your car is fully depreciated, you must use straight-line depreciation over the estimated remaining useful life of the car. There are limits on how much depreciation you can deduct. For additional information on the depreciation limits, please refer to Topic no. 704 . Publication 463  explains the depreciation limits and discusses special rules applicable to leased cars.

Recordkeeping

The law requires that you substantiate your expenses by adequate records or by sufficient evidence to support your own statement. For further information on recordkeeping, refer to Topic no. 305 .

Where to deduct

Deduct your self-employed car expenses on:

• Schedule C (Form 1040), Profit or Loss From Business (Sole Proprietorship) or
• Schedule F (Form 1040), Profit or Loss From Farming if you're a farmer.

If you're an Armed Forces reservist, a qualified performing artist, or a fee-basis state or local government official, complete Form 2106, Employee Business Expenses to figure the deductions for your car expenses.

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Tax Measures: Supplementary Information

Tax Measures: Supplementary Information ( PDF , 1.91 MB )

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Lifetime capital gains exemption, canadian entrepreneurs' incentive, capital gains inclusion rate, volunteer firefighters and search and rescue volunteers tax credits, mineral exploration tax credit, alternative minimum tax, canada child benefit, disability supports deduction, employee ownership trust tax exemption, charities and qualified donees, home buyers' plan, qualified investments for registered plans, deduction for tradespeople's travel expenses, indigenous child and family services settlement, clean electricity investment tax credit, polymetallic extraction and processing, accelerated capital cost allowance, canada carbon rebate for small businesses, interest deductibility limits – purpose-built rental housing, non-compliance with information requests, avoidance of tax debts, reportable and notifiable transactions penalty, mutual fund corporations, synthetic equity arrangements, manipulation of bankrupt status, crypto-asset reporting framework and the common reporting standard, withholding for non-resident service providers, extending gst relief to student residences, gst/hst on face masks and face shields, tobacco and vaping product taxation, fuel, alcohol, cannabis, and tobacco sales tax framework, previously announced measures, related documents.

• Notice of Ways and Means Motion to amend the Income Tax Act and the Income Tax Regulations
• Notice of Ways and Means Motion to amend the Excise Tax Act and Other Legislation
• Notice of Ways and Means Motion to amend the Excise Act , 2001 and Other Related Texts

This annex provides detailed information on tax measures proposed in the Budget.

Table 1 lists these measures and provides estimates of their fiscal impact.

The annex also provides Notices of Ways and Means Motions to amend the Income Tax Act , the Excise Tax Act , the Excise Act, 2001 , the Air Travellers Security Charge Act, the Select Luxury Items Tax Act, the Underused Housing Tax Act and draft amendments to various regulations.

In this annex, all references to "Budget Day" are to be read as references to the day on which this Budget is presented.

Personal Income Tax Measures

The income tax system provides an individual with a lifetime tax exemption for capital gains realized on the disposition of qualified small business corporation shares and qualified farm or fishing property. The amount of the Lifetime Capital Gains Exemption (LCGE) is $1,016,836 in 2024 and is indexed to inflation.

Budget 2024 proposes to increase the LCGE to apply to up to $1.25 million of eligible capital gains. This measure would apply to dispositions that occur on or after June 25, 2024. Indexation of the LCGE would resume in 2026.

Budget 2024 proposes to introduce the Canadian Entrepreneurs' Incentive. This incentive would reduce the tax rate on capital gains on the disposition of qualifying shares by an eligible individual. Specifically, this incentive would provide for a capital gains inclusion rate that is one half the prevailing inclusion rate, on up to $2 million in capital gains per individual over their lifetime.

The lifetime limit would be phased in by increments of $200,000 per year, beginning on January 1, 2025, before ultimately reaching a value of $2 million by January 1, 2034.

Under the two-thirds capital gains inclusion rate proposed in Budget 2024, this measure would result in an inclusion rate of one third for qualifying dispositions. This measure would apply in addition to any available capital gains exemption.

A share of a corporation would be a qualifying share if certain conditions are met, including all the following conditions:

• At the time of sale, it was a share of the capital stock of a small business corporation (for the purposes of the Income Tax Act ) owned directly by the claimant.
• used principally in an active business carried on primarily in Canada by the Canadian-Controlled Private Corporation, or by a related corporation,
• certain shares or debts of connected corporations, or
• a combination of these two types of assets.
• The claimant was a founding investor at the time the corporation was initially capitalized and held the share for a minimum of five years prior to disposition.
• At all times since the initial share subscription until the time that is immediately before the sale of the shares, the claimant directly owned shares amounting to more than 10 per cent of the fair market value of the issued and outstanding capital stock of the corporation and giving the individual more than 10 per cent of the votes that could be cast at an annual meeting of the shareholders of the corporation.
• Throughout the five-year period immediately before the disposition of the share, the claimant must have been actively engaged on a regular, continuous, and substantial basis in the activities of the business.
• operating in the financial, insurance, real estate, food and accommodation, arts, recreation, or entertainment sector; or
• providing consulting or personal care services.
• The share must have been obtained for fair market value consideration.

Coming Into Force

This measure would apply to dispositions that occur on or after January 1, 2025.

One half of a capital gain is included in computing a taxpayer's income. This is referred to as the capital gains inclusion rate. The current one-half inclusion rate also applies to capital losses.

Budget 2024 proposes to increase the capital gains inclusion rate from one half to two thirds for corporations and trusts, and from one half to two thirds on the portion of capital gains realized in the year that exceed $250,000 for individuals, for capital gains realized on or after June 25, 2024.

The $250,000 threshold would effectively apply to capital gains realized by an individual, either directly or indirectly via a partnership or trust, net of any:

• current-year capital losses;
• capital losses of other years applied to reduce current-year capital gains; and
• capital gains in respect of which the Lifetime Capital Gains Exemption, the proposed Employee Ownership Trust Exemption or the proposed Canadian Entrepreneurs' Incentive is claimed.

Claimants of the employee stock option deduction would be provided a one-third deduction of the taxable benefit to reflect the new capital gains inclusion rate, but would be entitled to a deduction of one half the taxable benefit up to a combined limit of $250,000 for both employee stock options and capital gains.

Net capital losses of prior years would continue to be deductible against taxable capital gains in the current year by adjusting their value to reflect the inclusion rate of the capital gains being offset. This means that a capital loss realized prior to the rate change would fully offset an equivalent capital gain realized after the rate change.

For tax years that begin before and end on or after June 25, 2024, two different inclusion rates would apply. As a result, transitional rules would be required to separately identify capital gains and losses realized before the effective date (Period 1) and those realized on or after the effective date (Period 2). For example, taxpayers would be subject to the higher inclusion rate in respect of the portion of their net gains arising in Period 2 that exceed the $250,000 threshold, to the extent that these net gains are not offset by a net loss incurred in Period 1 or any other taxation years.

The annual $250,000 threshold for individuals would be fully available in 2024 (i.e., it would not be prorated) and would apply only in respect of net capital gains realized in Period 2.

Other consequential amendments would also be made to reflect the new inclusion rate. Additional design details will be released in the coming months.

The Volunteer Firefighters Tax Credit and the Search and Rescue Volunteers Tax Credit allow individuals who performed at least 200 hours of combined volunteer service during the year as a volunteer firefighter or a search and rescue volunteer to claim a 15-per-cent non-refundable tax credit based on an amount of $3,000.

Budget 2024 proposes to double the credit amount for the Volunteer Firefighters Tax Credit and the Search and Rescue Volunteers Tax Credit to $6,000. This would increase the maximum tax relief to $900. This enhancement would apply to the 2024 and subsequent taxation years.

Flow-through shares allow resource companies to renounce or "flow through" tax expenses associated with their Canadian exploration activities to investors, who can deduct the expenses in calculating their own taxable income. The Mineral Exploration Tax Credit provides an additional income tax benefit for individuals who invest in mining flow-through shares, which augments the tax benefits associated with the amounts that are flowed through. This tax credit provides support to junior mining companies engaged in certain grassroots mineral exploration. The tax credit is equal to 15 per cent of the specified mineral exploration expenses incurred in Canada and renounced to flow-through share investors. The Mineral Exploration Tax Credit is legislated to expire on March 31, 2024.

As announced on March 28, the government proposes to extend eligibility for the Mineral Exploration Tax Credit for one year, to flow-through share agreements entered into on or before March 31, 2025.

Strategic Environmental Assessment Statement

Mineral exploration, as well as new mining and related processing activities that could follow from successful exploration efforts, can be associated with a variety of environmental impacts to soil, water and air and, as a result, could have an impact on the targets and actions in the Federal Sustainable Development Strategy. All such activity, however, is subject to applicable federal and provincial environmental regulations, including project-specific environmental assessments where required.

The Alternative Minimum Tax (AMT) is a parallel tax calculation that allows fewer tax credits, deductions, and exemptions than under the ordinary personal income tax rules. Taxpayers pay either regular tax or AMT, whichever is highest.

Budget 2023 announced amendments to the Income Tax Act that would change the AMT calculation. Draft legislative proposals to implement these changes were published for consultation in the summer of 2023.

Budget 2024 proposes to make further changes to the AMT proposals, as described below.

Changes to the Tax Treatment of Charitable Donations

Budget 2024 proposes that the tax treatment of charitable donations be revised to allow individuals to claim 80 per cent (instead of the previously proposed 50 per cent) of the Charitable Donation Tax Credit when calculating AMT.

Additional Amendments

Budget 2024 proposes several additional amendments to the AMT proposals. These amendments would:

• fully allow deductions for the Guaranteed Income Supplement, social assistance, and workers' compensation payments;
• allow individuals to fully claim the federal logging tax credit under the AMT;
• fully exempt Employee Ownership Trusts from the AMT; and
• allow certain disallowed credits under the AMT to be eligible for the AMT carry-forward (i.e., the federal political contribution tax credit, investment tax credits, and labour-sponsored funds tax credit).

Budget 2024 also proposes several technical amendments to the AMT legislative proposals.

Proposed Exemption for Certain Trusts for the Benefit of Indigenous Groups

Budget 2024 proposes to provide an exemption from the AMT for trusts established under:

• a law of Canada or a province if the trust is for the benefit of an Indigenous group, community, or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 , or
• a treaty or a settlement agreement between His Majesty in right of Canada, or His Majesty in right of a province, and an Indigenous group, community, or people recognized and affirmed by section 35 of the Constitution Act, 1982 ,

provided that all or substantially all of the contributions to the trust before the end of the year are amounts paid under the law, treaty, or settlement agreement described in paragraph (a) or (b), or are reasonably traceable to those amounts.

An exemption from the AMT would also be provided for trusts where the beneficiaries are any combination of the following persons or entities:

• all of the members of a recognized Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 ; 
• a public body performing a function of government in Canada (within the meaning of the Income Tax Act ) in relation to an Indigenous group, community, or people that holds rights recognized and affirmed by section 35 of the Constitution Act , 1982;
• a registered charity or a non-profit organization that is organized and operated primarily for health, education, social welfare, or community improvement for the benefit of the members of an Indigenous group, community, or people that holds rights recognized and affirmed by section 35 of the Constitution Act , 1982;
• a corporation, all of the shares or capital of which are owned by any combination of persons or entities described in paragraph (b) or (c) above, a Settlement Trust, or another corporation meeting this definition; or
• a Settlement Trust.

The government is interested in stakeholders' views on these proposed exemptions for Indigenous settlement and community trusts. Interested parties are invited to send written representations to the Department of Finance Canada, Tax Policy Branch at [email protected] by June 28, 2024.

These amendments would apply to taxation years that begin on or after January 1, 2024 (i.e., the same day as the broader AMT amendments).

The Canada Child Benefit (CCB) is an income-tested benefit that is paid monthly and provides support for eligible families with children under the age of 18. 

A CCB recipient becomes ineligible for the CCB in respect of a child the month following the child's death. To ensure benefit amounts reflect up-to-date information on family circumstances, a CCB recipient is required to notify the Canada Revenue Agency (CRA) before the end of the month following the month of their child's death. Notifications of a child's death are also provided to the CRA by provincial/territorial vital statistics agencies.

Delays in receiving notification of a child's death can result in the clawing back of CCB payments in respect of the deceased child for a few months after their death.

Budget 2024 proposes to amend the Income Tax Act to extend eligibility for the CCB in respect of a child for six months after the child's death (the "extended period"), if the individual would have otherwise been eligible for the CCB in respect of that particular child.

• For example, if a child dies in July, the child's primary caregiver would be eligible to receive the CCB in respect of this child for August through January under the proposed change, provided all eligibility criteria are met.

The CCB entitlement for each month during the extended period would be based on the age of the child in that particular month as if the child were still alive and would reflect the other family circumstances that apply in that month (e.g., marital status). CCB overpayments unrelated to the death of a child would still need to be repaid.

A CCB recipient would still be required to notify the CRA of their child's death before the end of the month following the month of their child's death to ensure that there are no overpayments after the new extended period of six months ends.

The extended period would also apply to the Child Disability Benefit, which is paid with the CCB in respect of a child eligible for the Disability Tax Credit.

This measure would be effective for deaths that occur after 2024.

The Disability Supports Deduction allows individuals who have an impairment in physical or mental functions to deduct certain expenses that enable them to earn business or employment income or to attend school.

In order for an expense to qualify, it must be specified in the Income Tax Act and a medical practitioner must either prescribe the expense or otherwise certify in writing that the expense is required.

Budget 2024 proposes to expand the list of expenses recognized under the Disability Supports Deduction, subject to the specified conditions:

• the cost of an ergonomic work chair, including related amounts paid for an ergonomic assessment to a person engaged in the business of providing such services;
• the cost of a bed positioning device, including related amounts paid for an ergonomic assessment to a person engaged in the business of providing such services; and
• the cost of purchasing a mobile computer cart.
• the cost of purchasing an alternative input device to allow the individual to use a computer; and
• the cost of purchasing a digital pen device to allow the individual to use a computer.
• Where an individual has a vision impairment, the cost of purchasing a navigation device for low vision.
• Where an individual has an impairment in mental functions, the cost of purchasing memory or organizational aids.

Budget 2024 also proposes that expenses for service animals, as defined under the Medical Expense Tax Credit rules in the Income Tax Act, be recognized under the Disability Supports Deduction. Taxpayers would be able to choose to claim an expense under either the Medical Expense Tax Credit or the Disability Supports Deduction.

This measure would apply to the 2024 and subsequent taxation years.

Budget 2023 proposed tax rules to facilitate the creation of employee ownership trusts (EOTs). These legislative proposals are currently before Parliament in Bill C-59. The 2023 Fall Economic Statement proposed to exempt the first $10 million in capital gains realized on the sale of a business to an EOT from taxation, subject to certain conditions.

Budget 2024 provides further details on the proposed exemption and conditions. 

Qualifying Conditions

The exemption would be available to an individual (other than a trust) on the sale of shares to an EOT where the following conditions are met:

• The individual, a personal trust of which the individual is a beneficiary, or a partnership in which the individual is a member, disposes of shares of a corporation that is not a professional corporation.
• The transaction is a qualifying business transfer (as defined in the proposed rules for EOTs) in which the trust acquiring the shares is not already an EOT or a similar trust with employee beneficiaries.
• the transferred shares were exclusively owned by the individual claiming the exemption, a related person, or a partnership in which the individual is a member; and
• over 50 per cent of the fair market value of the corporation's assets were used principally in an active business.
• At any time prior to the qualifying business transfer, the individual (or their spouse or common-law partner) has been actively engaged in the qualifying business on a regular and continuous basis for a minimum period of 24 months.
• Immediately after the qualifying business transfer, at least 90 per cent of the beneficiaries of the EOT must be resident in Canada.

If the above conditions are satisfied, the individual would be able to claim an exemption for up to $10 million in capital gains from the sale.

If multiple individuals disposed of shares to an EOT as part of a qualifying business transfer and met the conditions described above, they may each claim the exemption, but the total exemption in respect of the qualifying business transfer cannot exceed $10 million. The individuals would be required to agree on how to allocate the exemption.

Disqualifying Events

If a disqualifying event occurs within 36 months of the qualifying business transfer, the exemption would not be available. Where the individual has already claimed the exemption, it would be retroactively denied.

A disqualifying event would occur if an EOT loses its status as an EOT or if less than 50 per cent of the fair market value of the qualifying business' shares is attributable to assets used principally in an active business at the beginning of two consecutive taxation years of the corporation.

If the disqualifying event occurs more than 36 months after a qualifying business transfer, the EOT would be deemed to realize a capital gain equal to the total amount of exempt capital gains.  

Capital gains exempted through this measure would be subject to an inclusion rate of 30 per cent for the purposes of the alternative minimum tax, similar to the treatment for gains eligible for the lifetime capital gains exemption.

Administration

In order for an individual to claim an exemption on the sale to an EOT, the EOT (and any corporation owned by the EOT that acquired the transferred shares) and the individual would need to elect to be jointly and severally, or solidarily, liable for any tax payable by the individual as a result of the exemption being denied due to a disqualifying event within the first 36 months after a qualifying business transfer. As discussed above, following the 36-month period, the trust would be solely liable for tax realized on the deemed capital gain arising on a disqualifying event.

The normal reassessment period of an individual for a taxation year in respect of this exemption is proposed to be extended by three years.

Worker Cooperatives

Budget 2024 also proposes to expand qualifying business transfers to include the sale of shares to a worker cooperative corporation. The worker cooperative would generally need to meet the definition set out under the Canada Cooperatives Act .

Provided the relevant requirements are met, this would allow an individual to claim an exemption on selling a business to a worker cooperative.

A qualifying business transfer to a worker cooperative would also be eligible for the 10-year capital gains reserve and the 15-year exception to the shareholder loan and interest benefit rules announced in Budget 2023. 

Additional details on this aspect of the exemption will be released in the coming months.

Coming into Force

This measure would apply to qualifying dispositions of shares that occur between January 1, 2024 and December 31, 2026.

Budget 2024 proposes to amend the Income Tax Act and Income Tax Regulations to improve the operation of the rules related to registered charities and other qualified donees.

Foreign Charities Registered as Qualified Donees

The Income Tax Act allows a foreign charity to be registered as a qualified donee for a temporary 24-month period. To be eligible for registration, a foreign charity must have received a gift from His Majesty in right of Canada, and be pursuing activities relating to urgent humanitarian aid, disaster relief, or activities in the national interest of Canada.

Budget 2024 proposes to extend the period for which qualifying foreign charities are granted status as a qualified donee from 24 months to 36 months. In addition, foreign charities would be required to submit an annual information return to the Canada Revenue Agency (CRA) that includes the total amount of receipts issued to Canadian donors, the total amount of gifts received from qualified donees, and information on how those funds were used. This information would be made publicly available.

Modernizing Service

Budget 2024 proposes various amendments to the Income Tax Act to help simplify and modernize the way in which the CRA provides services and communicates information relating to registered charities and other qualified donees.

Budget 2024 proposes to permit the CRA to communicate certain official notices digitally, where the charity has opted to receive information from the CRA electronically. Registered charities that have not opted to receive information electronically would receive official notices, other than compliance-related notices, by regular mail. Those charities would continue to receive compliance-related notices, including notices of intention to revoke, annul, or suspend a charity's registration, by registered mail.

Currently, the revocation of the registration of a charity or other qualified donee is effective upon publication in the Canada Gazette. Budget 2024 proposes to remove this requirement. Instead, the revocation of registration would become effective upon the publication of an official notice of revocation on a government webpage.

Budget 2024 also proposes to remove the requirement that certain objections be addressed directly to the Assistant Commissioner of the CRA's Appeals Branch.

Donation Receipts

Registered charities and qualified donees can issue official donation receipts for gifts that they receive. The Income Tax Act and the Income Tax Regulations set out the minimum requirements for a receipt to be valid and the processes that must be followed when issuing receipts.

Budget 2024 proposes a number of changes to simplify the issuance of official donation receipts and to align the process for issuing receipts with modern practices of charities. 

Budget 2024 proposes to remove the requirement that official donation receipts contain:

• the place of issuance of the receipt;
• the name and address of the appraiser, if an appraisal of the donated property has been done; and
• the middle initial of the donor.

Budget 2024 also proposes to allow charities to mark a donation receipt as "void", as an alternative to the term "cancelled", where a receipt has been spoiled, as well as removing the requirement that it be stored with a duplicate copy.

Budget 2024 also proposes to update the regulations to expressly permit charities to issue official donation receipts electronically, provided that they contain all required information, they are issued in a secure and non-editable format, and the charity maintains an electronic copy of the receipts.

Measures relating to the extension of the registration period for foreign charities would apply to foreign charities registered after Budget Day. New reporting requirements for foreign charities would apply to taxation years beginning after Budget Day.

All remaining measures would apply upon royal assent.

The home buyers' plan (HBP) helps eligible home buyers save for a down payment by allowing them to withdraw up to $35,000 from a registered retirement savings plan (RRSP) to purchase or build their first home, or a home for a specified disabled individual, without having to pay tax on the withdrawal. Eligible home buyers purchasing a home jointly may each withdraw up to $35,000 from their own RRSP under the HBP.

Amounts withdrawn under the HBP must be repaid to an RRSP over a period not exceeding 15 years, starting the second year following the year in which a first withdrawal was made. Otherwise, amounts due for repayment within a specific year are taxable as income for that year.

Increasing the withdrawal limit

Budget 2024 proposes to increase the withdrawal limit from $35,000 to $60,000. This increase would also apply to withdrawals made for the benefit of a disabled individual.

This measure would apply to the 2024 and subsequent calendar years in respect of withdrawals made after Budget Day.

Temporary repayment relief

Budget 2024 proposes to temporarily defer the start of the 15-year repayment period by an additional three years for participants making a first withdrawal between January 1, 2022, and December 31, 2025. Accordingly, the 15-year repayment period would start the fifth year following the year in which a first withdrawal was made.

Registered Retirement Savings Plans (RRSPs), Registered Retirement Income Funds (RRIFs), Tax-Free Savings Accounts (TFSAs), Registered Education Savings Plans (RESPs), Registered Disability Savings Plans (RDSPs), First Home Savings Accounts (FHSAs), and Deferred Profit Sharing Plans (DPSPs) can invest only in qualified investments for those plans. A broad range of assets are qualified investments, including mutual funds, publicly traded securities, government and corporate bonds, and guaranteed investment certificates.

Introduced in 1966, the qualified investment rules have been incrementally expanded to include more than 40 types of assets and to reflect the introduction of new types of registered plans (including TFSAs in 2009 and FHSAs in 2023). However, this incremental approach has resulted in qualified investment rules that can be inconsistent or difficult to understand in some cases. For example:

• Different registered plans have slightly different rules for making investments in small businesses.
• Certain types of annuities are qualified investments only for RRSPs, RRIFs, and RDSPs.
• Certain pooled investment products are qualified investments only if they are registered with the Canada Revenue Agency (known as "registered investments").

Budget 2024 invites stakeholders to provide suggestions on how the qualified investment rules could be modernized on a prospective basis to improve the clarity and coherence of the registered plans regime. Specific issues under consideration include: 

• Whether and how the rules relating to investments in small businesses could be harmonized to apply consistently to all registered savings plans.
• Whether annuities that are qualified investments only for RRSPs, RRIFs, and RDSPs should continue to be qualified investments.
• Whether the conditions that certain pooled investment products must meet to be a qualified investment are appropriate, including the ongoing value of maintaining a formal registration process for registered investments.
• Whether and how qualified investment rules could promote an increase in Canadian-based investments.
• Whether crypto-backed assets are appropriate as qualified investments for registered savings plans.

Stakeholders are invited to submit comments to [email protected] by July 15, 2024.

Eligible tradespeople and apprentices in the construction industry are currently able to deduct up to $4,000 in eligible travel and relocation expenses per year by claiming the Labour Mobility Deduction for Tradespeople. A private member's bill was introduced in the 44th Parliament (Bill C-241) to enact an alternative deduction for certain travel expenses of tradespeople in the construction industry, with no cap on expenses, retroactive to the 2022 taxation year.  

Budget 2024 announces that the government will consider bringing forward amendments to the Income Tax Act to provide for a single, harmonized deduction for tradespeople's travel that respects the intent of Bill C-241.

In the First Nations Child and Family Services, Jordan's Principle, and Trout Class Settlement Agreement, approved by the Federal Court on October 24, 2023, the government committed to make best efforts to exempt the income of the trusts established under the settlement agreement from federal taxation. The government also committed to make best efforts to ensure that a class member's receipt of payments would not be considered taxable income and to ensure that federal social benefits and social assistance benefits for class members would not be negatively impacted by payments received pursuant to the settlement agreement. 

Budget 2024 proposes to amend the Income Tax Act to exclude the income of the trusts established under the First Nations Child and Family Services, Jordan's Principle, and Trout Class Settlement Agreement from taxation. This would also ensure that payments received by class members as beneficiaries of the trusts would not be included when computing income for federal income tax purposes.

Business Income Tax Measures

Budget 2023 announced a refundable Clean Electricity investment tax credit equal to 15 per cent of the capital cost of eligible property, with some additional changes announced in the 2023 Fall Economic Statement . Budget 2024 provides the design and implementation details of the tax credit.

Eligible Entities

The Clean Electricity investment tax credit would be available only to Canadian corporations. Eligible corporations would be:

• taxable Canadian corporations;
• provincial and territorial Crown corporations, subject to additional requirements (see section "Proposed Application to Provincial and Territorial Crown Corporations");
• corporations owned by municipalities;
• corporations owned by Indigenous communities; and
• pension investment corporations.

In order to receive the tax credit, corporations with a claim to immunity or exemption from tax would be required to agree to be subject to the provisions of the Income Tax Act related to the tax credit, including provisions related to audit, penalties and collections, and agree not to assert any immunity or exemption in respect of the tax credit.

Where eligible property is owned by a partnership, any partners that are corporations eligible for the credit would be allowed to claim their share of the partnership's Clean Electricity investment tax credit, subject to partnership rules generally consistent with those proposed for the Clean Technology investment tax credit currently before Parliament in Bill C-59. In cases where a property is eligible for both the Clean Electricity and Clean Technology investment tax credits, partners could claim their reasonable share of either credit for which they qualified (but could not claim both credits in respect of the same property).

Eligible Property

The following types of equipment would be eligible for the Clean Electricity investment tax credit:

• equipment used to generate electricity from solar, wind, or water energy that is described under subparagraphs (d)(ii), (iii.1), (v), (vi), or (xiv) of capital cost allowance Class 43.1 of Schedule II of the Income Tax Regulations , but hydro-electric installations would not be subject to a capacity limit as is the case for Class 43.1;
• concentrated solar energy equipment, as defined for the purposes of the proposed Clean Technology investment tax credit, but limited to equipment used to generate electricity;
• equipment used to generate electricity, or both electricity and heat, from nuclear fission, as defined for the purposes of the proposed Clean Technology investment tax credit, but without generating capacity limits or a requirement to be comprised of modules that are factory-assembled and transported pre-built to the installation site;
• equipment used for the purpose of generating electricity, or both electricity and heat, solely from geothermal energy, as described in subparagraph (d)(vii) of Class 43.1, if it is used exclusively for that purpose, but excluding any equipment that is part of a system that extracts fossil fuel for sale;
• equipment that is part of a system used to generate electricity, or both electricity and heat, from specified waste materials, as described in the 2023 Fall Economic Statement ;
• stationary electricity storage equipment that is described under subparagraph (d)(xviii) of Class 43.1 and equipment used for pumped hydroelectric energy storage that is described under subparagraph (d)(xix) of Class 43.1, but excluding equipment that uses any fossil fuel in operation;
• equipment that is part of an eligible natural gas energy system (as described below); and
• equipment and structures used for the transmission of electricity between provinces and territories (as described below).

Qualifying expenditures could include capital expenditures to refurbish existing facilities.

Electricity Generation and Cogeneration from Natural Gas with Carbon Capture

Eligible natural gas energy systems would be those that use fuel all or substantially all of which is natural gas solely to generate electricity, or both electricity and heat, and use a carbon capture system to limit emissions.

Eligible systems would be required to attain an emissions intensity no greater than 65 tonnes of carbon dioxide per gigawatt hour of energy produced, and the captured carbon dioxide would have to be stored appropriately. The proposed emissions intensity limit may not reflect the final emissions performance standard of the Clean Electricity Regulations .

When part of an integrated eligible system, eligible property would include:

• equipment that generates both electrical and heat energy (e.g., gas turbine generators);
• heat recovery equipment (e.g., heat recovery steam generators);
• electrical generating equipment (e.g., steam turbine generators);
• heat generating equipment used primarily for the purpose of producing heat energy to operate the electrical generating equipment (e.g., steam boilers used to produce steam to operate steam turbine generators); and
• carbon capture equipment, including equipment that prepares or compresses captured carbon for transportation.

Eligible property would not include buildings or other structures, heat rejection equipment (e.g., cooling towers), electrical transmission and distribution equipment, fuel handling equipment, or equipment used for carbon dioxide transportation, storage, or use.

Emissions intensity measures the average quantity of carbon dioxide emissions associated with each unit of energy output (i.e., electricity and useful heat) by dividing total carbon dioxide released into the atmosphere by total energy produced over a fixed period of time. As noted above, for a system to be eligible, the maximum allowable emissions intensity would be 65 tonnes of carbon dioxide per gigawatt hour of energy produced. The formula to calculate a system's emissions intensity for the purposes of the Clean Electricity investment tax credit would be a modified version of that used in the Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity under the Canadian Environmental Protection Act . Modifications would include:

• emissions attributable to the combustion of biomass, as defined under the Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity , would be included in the total emissions calculation; and
• emissions that are captured and stored in dedicated geological storage would be removed from the total emissions calculation. Emissions captured and used for enhanced oil recovery or other storage or use would not be removed.

Requirements for dedicated geological storage would be aligned with those proposed for the Carbon Capture, Utilization, and Storage investment tax credit currently before Parliament in Bill C-59. As a result, the geological formation for storage would need to be located in a jurisdiction with sufficient environmental laws and enforcement to ensure that carbon dioxide is permanently stored. Eligible jurisdictions for dedicated geological storage are currently proposed to include Alberta, British Columbia, and Saskatchewan.  

Natural Resources Canada would review project plans to determine equipment and system eligibility before a Clean Electricity investment tax credit claim could be made. Project plans would be required to reflect a front-end engineering design study and any other information required by the Minister of Energy and Natural Resources. Only eligible property in an integrated system with estimated emissions intensity not exceeding the maximum allowable limit would qualify.

Equipment eligibility would also need to be verified by Natural Resources Canada once the expenditures are incurred and before a claim is submitted to the Canada Revenue Agency.

Transmission of Electricity Between Provinces and Territories

Eligible interprovincial and territorial electrical transmission property would be property that is used to transmit or manage electrical energy that primarily originates in, or is destined for, another province or territory. This could include property located exclusively within a province or territory, if the property is used primarily for the purpose of interprovincial transmission. For example, transmission property installed in a province could be eligible if it became operational and began exporting electricity to another province after the completion of connected transmission property that crosses the border.

Eligible property would include:

• electrical transmission equipment (e.g., cables and switches);
• electrical transmission structures (e.g., towers and lattices); and
• related equipment used for managing traded electricity (e.g., transformers, electric power conditioning equipment, and control equipment).

Eligible property would not include buildings, electrical distribution equipment, or electrical transmission equipment rated for voltages less than 69 kilovolts.

Labour Requirements

In order to qualify for the 15-per-cent Clean Electricity investment tax credit, the proposed labour requirements currently before Parliament in Bill C-59 for prevailing wages and apprenticeships would need to be met. A 5-per-cent credit rate would be available if the labour requirements are not met.

Compliance and Recovery

Ongoing compliance with eligibility criteria.

Under the current rules for certain properties described in Class 43.1 or 43.2, all the conditions for inclusion in the Class must be satisfied on an annual basis. There is a limited exception in the  Income Tax Regulations  for property that is part of an eligible system that was previously operated in a qualifying manner. Such property is considered to be operated in the required manner during a period of deficiency, failure or shutdown of the system that is beyond the taxpayer's control if the taxpayer makes all reasonable efforts to rectify the problem within a reasonable time according to the circumstances.

As proposed in the 2023 Fall Economic Statement , similar rules would apply to the Clean Electricity investment tax credit with respect to systems that generate electricity, or both electricity and heat, from specified waste material. This would be extended to include systems that generate electricity, or both electricity and heat, from natural gas with carbon capture equipment.

Potential Repayment Obligations

The Clean Electricity investment tax credit would be subject to potential repayment obligations similar to the recapture rules proposed for the Clean Technology investment tax credit. In general, this means that over a ten-year period (or a 20-year period in the case of eligible natural gas energy systems) from the date of acquiring a particular eligible property, the tax credit could be repayable in proportion to the fair market value of the particular property when it has been converted to an ineligible use, exported from Canada, or disposed of.

Special Rules for Eligible Natural Gas Energy Systems

Systems that generate electricity, or both electricity and heat, from natural gas with carbon capture systems would be subject to a one-time verification of emissions intensity, based on a five-year compliance period.

Over the course of the five-year period, there would be a requirement to report on the emissions intensity of the energy that is produced annually by the system. At the end of the period, compliance would be assessed based on the weighted-average emissions intensity over the entire compliance period. The contribution of annual emissions intensity to the final emissions intensity would be weighted by the electricity and useful heat produced in each year.

Third-party emissions intensity verification reports would need to be submitted to Natural Resources Canada. The reports would have to be prepared by a Canadian engineering firm with an engineering certificate of authorization, appropriate insurance coverage, and expertise in auditing continuous emissions monitoring systems.

An average emissions intensity more than 5 per cent above the limit of 65 tonnes of carbon dioxide per gigawatt hour of energy produced would lead to a full recovery of the Clean Electricity investment tax credit.

After the five-year compliance period ends, there would be a requirement to continue producing emissions intensity reports annually for an additional 15 years. Over this period, an annual emissions intensity above the limit would be considered an ineligible use of the system, in accordance with the general repayment rules for this tax credit (described above under the heading Potential Repayment Obligations).

Interactions with Other Federal Tax Credits

Eligible corporations would be able to claim only one of the Clean Electricity investment tax credit, the Clean Technology investment tax credit, the Carbon Capture, Utilization, and Storage investment tax credit, the Clean Hydrogen investment tax credit, the Clean Technology Manufacturing investment tax credit and the Electric Vehicle Supply Chain investment tax credit, if a particular expenditure is eligible for more than one of these tax credits. However, multiple tax credits could be available for the same project, to the extent that the project includes expenditures eligible for different tax credits. For systems that generate electricity, or both electricity and heat, from natural gas with carbon capture, a project could not claim the Clean Electricity investment tax credit on the energy generation equipment and the Carbon Capture, Utilization, and Storage investment tax credit on the carbon capture equipment.

Eligible corporations would be able to fully benefit from both the Clean Electricity investment tax credit and the Atlantic investment tax credit with respect to the same expenditure, if the expenditure is eligible for both.

Proposed Application to Provincial and Territorial Crown Corporations

The Clean Electricity investment tax credit would be available to provincial and territorial Crown corporations only for investments made in eligible property situated in designated jurisdictions.

The federal Minister of Finance would designate a province or a territory, provided that the Minister was satisfied that the provincial or territorial government has:

• Work towards a net-zero electricity grid by 2035; and
• Provincial and territorial Crown corporations passing through the value of the Clean Electricity investment tax credit to electricity ratepayers in their province or territory to reduce ratepayers' bills.
• Directed provincial and territorial Crown corporations claiming the tax credit to publicly report annually on how the tax credit has improved ratepayers' bills.

Should a provincial or territorial Crown corporation claiming the tax credit not report annually on how the tax credit has improved ratepayers' bills, a penalty would be charged to that Crown corporation.

A provincial or territorial government would need to demonstrate that it has satisfied all of the above conditions, in order for provincial and territorial Crown corporations investing in that jurisdiction to gain access to the Clean Electricity investment tax credit. The federal Minister of Finance would then determine whether the conditions have been satisfied and, if so, would designate the province or territory.

The Department of Finance will consult with provinces and territories on the details of these conditions.

The Clean Electricity investment tax credit would apply to eligible property that is:

• acquired and becomes available for use on or after Budget Day and before 2035, provided it has not been used for any purpose before its acquisition; and
• not part of a project that began construction before March 28, 2023. For this purpose, construction would not include obtaining permits or regulatory approval, conducting environmental assessments, community consultations or impact assessment studies, or similar activities.

Similar rules would apply for eligible property acquired by provincial and territorial Crown corporations, with the following modifications:

• If a province or territorial government has satisfied all the conditions by March 31, 2025 and subsequently been designated by the Minister of Finance, then provincial and territorial Crown corporations investing in that jurisdiction would be able to access the Clean Electricity investment tax credit for property that is acquired and becomes available for use on or after Budget Day for projects that did not begin construction before March 28, 2023.
• If a provincial or territorial government has not satisfied all the conditions by March 31, 2025, then provincial and territorial Crown corporations investing in that jurisdiction would not be able to access the Clean Electricity investment tax credit until the province or territory is designated. The Clean Electricity investment tax credit would apply to property that is acquired and becomes available for use from the date when the province or territory is designated by the Minister of Finance, for projects that did not begin construction before March 28, 2023.

This measure is expected to have a positive environmental impact by encouraging investment in projects that would generally be expected to help reduce emissions of greenhouse gases and air pollutants, in support of Canada's targets set out in the Federal Sustainable Development Strategy. The measure would be expected to help Canada reach its goal of reducing greenhouse gas emissions by 40 to 45 per cent below 2005 levels by 2030 and achieving net-zero greenhouse gas emissions by 2050. It would also be expected to help Canada achieve its target of generating 90 per cent of electricity from renewable and non-emitting sources by 2030 and 100 per cent in the long term.

Positive environmental impacts could be partly offset to the extent that certain supported technologies release greenhouse gases as a result of fuel combustion, as well as particulate matter and other air pollutants that impact the environment and human health. In addition, upstream activities related to natural gas energy systems (e.g., natural gas extraction) can have negative environmental impacts, such as increased greenhouse gas emissions. However, the emissions intensity requirement of the investment tax credit ensures that only natural gas energy systems using carbon capture technology of the highest performance will be incentivized, ensuring that emissions are maximally reduced. Additionally, the combustion of waste biomass is generally viewed as carbon neutral on a lifecycle basis, and potentially carbon-negative when combined with carbon capture, utilization, and storage.

Budget 2023 proposed the Clean Technology Manufacturing investment tax credit, which would provide a refundable tax credit equal to 30 per cent of the cost of investments in eligible property used all or substantially all for eligible activities. Draft legislative proposals to implement the tax credit were released in December 2023.

As specified in the draft legislative proposals, eligible activities for the tax credit would include qualifying mineral activities producing all or substantially all qualifying materials (i.e., copper, nickel, cobalt, lithium, graphite, and rare earth elements). Qualifying mineral activities would consist of extraction; certain processing activities at mine or well sites, tailing ponds, mills, smelters, or refineries; certain recycling activities; and certain graphite activities.

Recognizing that the production of qualifying materials may occur at polymetallic projects (i.e., projects engaged in the production of multiple metals), Budget 2024 proposes adjustments to the Clean Technology Manufacturing investment tax credit to provide greater support and clarity to businesses engaged in these activities.

Use of Values

Budget 2024 proposes to clarify that the value of qualifying materials would be used as the appropriate output metric when assessing the extent to which property is used or is expected to be used for qualifying mineral activities producing qualifying materials.

"Primarily" Test for Property at Mine or Well Sites

Budget 2024 proposes to modify eligible expenditures to include investments in eligible property used in qualifying mineral activities that are expected to produce primarily qualifying materials at mine or well sites, including tailing ponds and mills located at these sites. The "primarily" test would generally mean that eligible property must be used or be expected to be used for activities in which 50 per cent or more of the financial value of the output comes from qualifying materials.

To support this expectation and a claim for the tax credit, businesses would be required to submit an attestation from an arm's-length qualified engineer or geoscientist to the Canada Revenue Agency for each relevant mine or well site.

Recapture and Safe Harbour Rule

As specified in the draft legislative proposals, where a property benefits from the tax credit and, within a ten-year period following its acquisition, is converted to a use in a non-qualifying activity (e.g., is no longer sufficiently used in qualifying mineral activities producing qualifying materials), the tax credit could be subject to recapture. For example, this could apply where the value of the materials extracted from a mine site is not primarily from qualifying materials.

To mitigate against the effects of mineral price volatility on the potential recapture of the tax credit, Budget 2024 also proposes to provide a safe harbour rule applicable to the recapture rule. Under the safe harbour rule, if the calculation of the expected production from the eligible property when claiming the tax credit is done using specified five-year historical average mineral prices, then the same specified mineral prices would be used to calculate the ratio of qualifying materials produced from the property over the ten-year recapture period. Details in respect to the design of the safe harbour rule will be provided at a later date.

The safe harbour rule would apply in respect of all qualifying mineral activities.

These changes would apply for property that is acquired and becomes available for use on or after January 1, 2024 (i.e., the same application date as the other aspects of the Clean Technology Manufacturing investment tax credit).

Increased investment in extraction and processing related to key critical minerals used in clean technologies can lead to lower prices of these minerals and technologies, which would encourage greater adoption of clean technologies in Canada, contributing to reductions in emissions of greenhouse gases and air particulates. This would help Canada meet its 2030 target of reducing total greenhouse gas emissions by 40 per cent to 45 per cent relative to 2005 levels.

However, increased extraction and mineral processing activities in Canada could negatively impact local habitats through increased soil erosion and mine runoff, increase emissions of greenhouse gases and air particulates, and increase production of industrial waste. This could offset some of the positive environmental impacts of the proposal. Also, environmental benefits in Canada could be reduced to the extent that key critical minerals and their associated technologies are exported outside of Canada.

The capital cost allowance (CCA) system determines the deductions that a business may claim each year for income tax purposes in respect of the capital cost of its depreciable property. Depreciable property is generally divided into CCA classes with each having its own rate in Schedule II to the Income Tax Regulations .

Purpose-Built Rental Housing

Currently, purpose-built rental buildings are eligible for a CCA rate of four per cent under Class 1.

Budget 2024 proposes to provide an accelerated CCA of ten per cent for new eligible purpose-built rental projects that begin construction on or after Budget Day and before January 1, 2031, and are available for use before January 1, 2036.

Consistent with eligibility under the temporary enhancement to the Goods and Services Tax (GST) New Residential Rental Property Rebate, eligible property would be new purpose-built rental housing that is a residential complex:

• with at least four private apartment units (i.e., a unit with a private kitchen, bathroom, and living areas), or 10 private rooms or suites; and
• in which at least 90 per cent of residential units are held for long-term rental.

Projects that convert existing non-residential real estate, such as an office building, into a residential complex would be eligible if the conditions above are met. The accelerated CCA would not apply to renovations of existing residential complexes. However, the cost of a new addition to an existing structure would be eligible, provided that addition meets the conditions above.

Interaction with the Accelerated Investment Incentive

Investments eligible for this measure would continue to benefit from the Accelerated Investment Incentive, which currently suspends the half-year rule, providing a CCA deduction at the full rate for eligible property put in use before 2028.

After 2027, the half-year rule would apply, which limits the CCA allowance in the year an asset is acquired to one-half of the full CCA deduction.

Productivity-Enhancing Assets

Currently, assets included in Class 44 (patents or the rights to use patented information for a limited or unlimited period), Class 46 (data network infrastructure equipment and related systems software), and Class 50 (general-purpose electronic data-processing equipment and systems software) are prescribed CCA rates of 25 per cent, 30 per cent, and 55 per cent, respectively.

Budget 2024 proposes to provide immediate expensing for new additions of property in respect of these three classes, if the property is acquired on or after Budget Day and becomes available for use before January 1, 2027. The enhanced allowance would provide a 100-per-cent first-year deduction and would be available only for the year in which the property becomes available for use.

Property that becomes available for use after 2026 and before 2028 would continue to benefit from the Accelerated Investment Incentive.

Restrictions

Property that has been used, or acquired for use, for any purpose before it is acquired by the taxpayer would be eligible for the accelerated CCA only if both of the following conditions are met:

• neither the taxpayer nor a non-arm's-length person previously owned the property; and
• the property has not been transferred to the taxpayer on a tax-deferred "rollover" basis.

Short taxation year

Under the short taxation-year rule, the amount of CCA that can be claimed in a taxation year must generally be prorated when the taxation year is less than 12 months. When this rule applies, the accelerated CCA would apply in respect of an eligible property on the same prorated basis and would not be available in the following taxation year in respect of the property.

Currently, the federal backstop pollution pricing fuel charge applies in the provinces of Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador. In each of these provinces, the federal government returns more than 90 per cent of direct proceeds from the fuel charge to individuals through the Canada Carbon Rebate. Proceeds relating specifically to the use of natural gas and propane by farmers are returned to farmers via a refundable tax credit. The government has committed to return the remainder of fuel charge proceeds to Indigenous governments and small and medium-sized businesses. All direct proceeds collected are returned in their province of origin.

In respect of the government's commitment to small and medium-sized businesses, Budget 2024 proposes to return a portion of fuel charge proceeds from a province via the new Canada Carbon Rebate for Small Businesses, an automatic, refundable tax credit directly for eligible businesses, sized in proportion to the number of persons they employ in the province.

Eligible Businesses

With respect to the 2019-20 to 2023-24 fuel charge years, the tax credit would be available to a Canadian-controlled private corporation that files a tax return for its 2023 taxation year by July 15, 2024. Additionally, to be eligible for a credit in respect of an applicable fuel charge year, the corporation would need to have had no more than 499 employees throughout Canada in the calendar year in which the fuel charge year begins.

For instance, eligibility for receiving a payment in respect of the 2022-23 fuel charge year would be based on the number of persons employed by the eligible corporation for the 2022 calendar year.

Automatic Payments

Corporations would not have to apply for this tax credit. The Canada Revenue Agency would automatically determine the tax credit amount for an eligible corporation and pay the amount to the eligible corporation through the new Canada Carbon Rebate for Small Businesses.

Credit Determination

The tax credit amount in respect of an eligible corporation for an applicable fuel charge year would be determined for each applicable province in which the eligible corporation had employees in the calendar year in which the fuel charge year begins. The tax credit amount would be equal to the number of persons employed by the eligible corporation in the province in that calendar year multiplied by a payment rate specified by the Minister of Finance for the province for the corresponding fuel charge year.

The Minister of Finance will specify payment rates for the 2019-20 to 2023-24 fuel charge years once sufficient information is available from the 2023 taxation year.

The tax credit would return proceeds for future fuel charge years, including 2024-25, in a similar manner. That is, a payment rate would be specified for each applicable province for a particular fuel charge year, and a payment made to an eligible corporation that has filed a tax return for a taxation year ending in the calendar year in which the fuel charge year begins.

In response to the recommendations under Action 4 of the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project, Budget 2021 announced an earnings stripping measure that limits the amount of net interest and financing expenses that may be deducted by certain taxpayers in computing taxable income. Legislative proposals to implement this measure (the excessive interest and financing expenses limitation (EIFEL) rules) are currently before Parliament in Bill C-59.

The EIFEL rules provide an exemption for interest and financing expenses incurred in respect of arm's length financing for certain public-private partnership infrastructure projects.

Budget 2024 proposes expanding this exemption to also include an elective exemption for certain interest and financing expenses incurred before January 1, 2036, in respect of arm's length financing used to build or acquire eligible purpose-built rental housing in Canada. 

Consistent with eligibility under the temporary enhancement to the Goods and Services Tax (GST) New Residential Rental Property Rebate and the proposed Accelerated Capital Cost Allowance for Purpose-Built Rental Housing included in Budget 2024, eligible purpose-built rental housing would be a residential complex:

This change would apply to taxation years that begin on or after October 1, 2023 (i.e., consistent with broader EIFEL amendments).

Limits to existing information gathering powers provided to the Canada Revenue Agency (CRA) under the Income Tax Act impede the effectiveness of the CRA's compliance and enforcement actions. The 2018 Report of the Office of the Auditor General noted that the provision of information by some taxpayers lagged for months or even years, making it more difficult for the CRA to collect tax owing.

Budget 2024 proposes several amendments to the information gathering provisions in the Income Tax Act . These proposed amendments are intended to enhance the efficiency and effectiveness of tax audits and facilitate the collection of tax revenues on a timelier basis. Analogous amendments are also proposed to other federal tax statutes administered by the CRA. Budget 2024 also proposes certain technical amendments to ensure the rules meet their policy objectives.

Notice of Non-Compliance

Budget 2024 proposes to amend the Income Tax Act toallow the CRA to issue a new type of notice (referred to as a "notice of non-compliance") to a person that has not complied with a requirement or notice to provide assistance or information issued by the CRA. The issuance of a notice of non-compliance would be reviewable by the CRA on request of the person. After reconsideration, the notice of non-compliance would be vacated if the CRA determines that it was unreasonable to issue the notice of non-compliance or that the person had reasonably complied, at the time the notice of non-compliance was issued, with the initial requirement or notice. There would be a further statutory right of review by a judge of the Federal Court.

Where a notice of non-compliance related to a taxpayer has been issued to the taxpayer or a person that does not deal at arm's length with the taxpayer, the normal reassessment period for any taxation year of the taxpayer to which the notice of non-compliance relates would be extended by the period of time the notice of non-compliance is outstanding.

To further improve compliance with information requests, Budget 2024 proposes to impose a penalty on a person that has been issued a notice of non-compliance of $50 for each day that the notice is outstanding, to a maximum of $25,000. This penalty would not apply if a notice of non-compliance is ultimately vacated by the CRA or a court.

Questioning Under Oath

Budget 2024 proposes to amend the Income Tax Act to allow the CRA to include in a requirement or notice that any required information (oral or written) or documents be provided under oath or affirmation.

Compliance Orders

Currently, the CRA can obtain a compliance order from a court that directs a non-compliant taxpayer to comply with the CRA's information requests. However, the use of compliance orders has generally not been effective in compelling compliance. This is because the primary consequence for not complying is a contempt order, which is time consuming to obtain and does not generally impose a material financial cost on the taxpayer.

Budget 2024 proposes to amend the Income Tax Act to impose a penalty when the CRA obtains a compliance order against a taxpayer. The penalty would be equal to 10 per cent of the aggregate tax payable by the taxpayer in respect of the taxation year or years to which the compliance order relates. The proposed penalty, which would apply when the CRA is successful in obtaining a compliance order, would create an incentive for taxpayers to comply with the original request for information or assistance. The penalty would only be applied if the tax owing in respect of one of the taxation years to which the compliance order relates exceeds $50,000.

Budget 2024 further proposes an amendment to allow the CRA to seek a compliance order when a person has failed to comply with a requirement to provide foreign-based information or documents.

Stopping the Reassessment Limitation Clock

Under existing rules, a taxpayer may seek judicial review of a requirement or notice issued to the taxpayer by the CRA. In these circumstances, the reassessment period is extended by the amount of time it takes to dispose of the judicial review. An analogous rule applies in respect of a compliance order. These rules are intended to ensure that the CRA has the time to properly review any information obtained before expiry of the statutory reassessment period fixed by the Income Tax Act . These "stop the clock" rules currently do not apply to all situations where a taxpayer does not comply with a requirement or notice issued by the CRA.

Budget 2024 proposes to amend the stop the clock rules to provide that they apply when a taxpayer seeks judicial review of any requirement or notice issued to the taxpayer by the CRA in relation to the audit and enforcement process or during any period that a notice of non-compliance is outstanding. Analogous rules would apply where a requirement or notice has been issued to a person that does not deal at arm's length with the taxpayer.

Other Tax Statutes Administered by the CRA

Budget 2024 proposes that other tax statutes administered by the CRA, which have provisions similar to the Income Tax Act , also be amended, as needed, to address the issues discussed above. Those statutes include the Excise Tax Act (e.g., GST/HST, fuel excise tax), Air Travellers Security Charge Act , Excise Act, 2001 (alcohol, tobacco, cannabis, and vaping duties), the Underused Housing Tax Act , and the Select Luxury Items Tax Act .

These amendments would come into force on royal assent of the enacting legislation.

The Income Tax Act includes an anti-avoidance rule that is intended to prevent taxpayers from avoiding paying their tax liabilities by transferring their assets to non-arm's length persons. The effect of this tax debt avoidance rule is to make the transferee jointly and severally, or solidarily, liable with the transferor for the transferor's tax debts, to the extent that the value of the property transferred exceeds the amount of consideration given by the transferee for the property.

The Income Tax Act contains a number of rules that address various planning techniques employed by taxpayers in an attempt to circumvent the tax debt avoidance rule, as well as a penalty for those who engage in, participate in, assent to, or acquiesce in planning activity that they know, or would reasonably be expected to know, is tax debt avoidance planning.

Some taxpayers continue to engage in planning that is intended to circumvent the tax debt avoidance rule, often with the assistance of a planner who receives a significant fee that is effectively funded by a portion of the avoided tax debt.

Although this planning can be challenged by the government based on existing rules in the Income Tax Act , these challenges can be both time-consuming and costly. As a result, the government is proposing a specific legislative measure.

Budget 2024 proposes to introduce a supplementary rule to strengthen the tax debt anti-avoidance rule. This rule would apply in the following circumstances:

• there has been a transfer of property from a tax debtor to another person;
• as part of the same transaction or series of transactions, there has been a separate transfer of property from a person other than the tax debtor to a transferee that does not deal at arm's length with the tax debtor; and
• one of the purposes of the transaction or series is to avoid joint and several, or solidary, liability.

Where these conditions are met, the property transferred by the tax debtor would be deemed to have been transferred to the transferee for the purposes of the tax debt avoidance rule. This would ensure that the tax debt avoidance rule applies in situations where property has been transferred from a tax debtor to a person and, as part of the same transaction or series, property has been received by a non-arm's length person. 

The Income Tax Act contains a penalty for those who engage in, participate in, assent to, or acquiesce in planning activity that they know, or would reasonably be expected to know, is tax debt avoidance planning. The penalty is equal to the lesser of:

• 50 per cent of the tax that is attempted to be avoided; and
• $100,000 plus any amount the person, or a related person, is entitled to receive or obtain in respect of the planning activity.

Budget 2024 proposes to extend this penalty to tax debt avoidance planning that is subject to the proposed supplementary rule.

Expanded Joint and Several, or Solidary, Liability

As noted above, in many cases tax debt avoidance planning is facilitated by a planner who receives a significant fee that is effectively funded by a portion of the avoided tax debt. The courts have held that a taxpayer who engages in tax debt avoidance planning is normally not jointly and severally, or solidarily, liable for the portion of the tax debt that has effectively been retained by the planner as a fee. This remains the case even where the amount retained by the planner is moved offshore and out of the reach of the Canada Revenue Agency.

To further enhance the effectiveness of the tax debt anti-avoidance rule, Budget 2024 proposes that taxpayers who participate in tax debt avoidance planning be jointly and severally, or solidarily, liable for the full amount of the avoided tax debt, including any portion that has effectively been retained by the planner.

Similar Statutes

Similar amendments would be made to comparable provisions in other federal statutes (e.g., the Excise Tax Act , the Excise Act, 2001 , the Select Luxury Items Tax Act , and the Underused Housing Tax Act ).

These measures would apply to transactions or series of transactions that occur on or after Budget Day.

The Income Tax Act includes a general provision that provides that a person who fails to file or make a return or comply with certain specified rules is guilty of an offence, and liable to penalties up to $25,000 and imprisonment up to a year. The mandatory disclosure rules in the Income Tax Act also include specific penalties that apply in these circumstances, making the application of this general penalty provision unnecessary.

Budget 2024 announces the government's intention to remove from the scope of this general penalty provision the failure to file an information return in respect of a reportable or notifiable transaction under the mandatory disclosure rules.

This amendment would be deemed to have come into force on June 22, 2023.

A mutual fund is a type of investment vehicle that allows investors to pool their money and invest in a portfolio of investments without purchasing the investments directly. A mutual fund corporation is a mutual fund organized as a corporation that meets certain conditions set out in the Income Tax Act.

The Income Tax Act includes special rules for mutual fund corporations that facilitate conduit treatment for investors (shareholders). For example, these rules generally allow capital gains realized by a mutual fund corporation to be treated as capital gains realized by its investors. In addition, a mutual fund corporation is not subject to mark-to-market taxation and can elect capital gains treatment on the disposition of Canadian securities.

To qualify as a mutual fund corporation under the Income Tax Act , a corporation must satisfy several conditions, including that the corporation is a "public corporation", which may be satisfied where a class of shares of the corporation is listed on a designated stock exchange in Canada. These conditions are premised on the idea of a mutual fund corporation being widely held. However, a corporation controlled by a corporate group may qualify as a mutual fund corporation even though it is not widely held.

A corporation can qualify as a mutual fund corporation under the Income Tax Act if a class of its shares is listed on a designated stock exchange in Canada, even if all other shares of the corporation are held by a corporate group and those shares represent all or substantially all of the fair market value of the issued shares of the corporation. This could allow a corporate group to use a mutual fund corporation to benefit from the special rules available to these corporations in an unintended manner .

Although using a mutual fund corporation to defer or avoid income taxes by a corporate group can be challenged by the government based on existing rules in the Income Tax Act , these challenges can be both time-consuming and costly.

Budget 2024 proposes amendments to the Income Tax Act to preclude a corporation from qualifying as a mutual fund corporation where it is controlled by or for the benefit of a corporate group (including a corporate group that consists of any combination of corporations, individuals, trusts, and partnerships that do not deal with each other at arm's length). Exceptions would be provided to ensure that the measure does not adversely affect mutual fund corporations that are widely held pooled investment vehicles.

This measure would apply to taxation years that begin after 2024.

The  Income Tax Act  allows a corporation to deduct the amount of any dividends received on a share of a corporation resident in Canada, subject to certain limitations.

One of these limitations is an anti-avoidance rule that denies the dividend received deduction in respect of synthetic equity arrangements. Synthetic equity arrangements include agreements that provide all or substantially all of the risk of loss and opportunity for gain or profit (the "economic exposure") in respect of a share to another person.

Where a taxpayer enters into a synthetic equity arrangement in respect of a share, the taxpayer is generally obligated to compensate the other person for the amount of any dividends paid on the share. This compensation payment may result in a tax deduction for the taxpayer in addition to the dividend received deduction. Unless the anti-avoidance rule applies to deny the dividend received deduction, a tax loss would generally arise as a result of the two deductions.

The anti-avoidance rule incorporates certain exceptions, including where the taxpayer establishes that no tax-indifferent investor has all or substantially all of the economic exposure in respect of the share. An associated exception is also available for synthetic equity arrangements traded on a derivatives exchange. 

Budget 2024 proposes to remove the tax-indifferent investor exception (including the exchange traded exception) to the anti-avoidance rule. This measure would simplify the anti-avoidance rule and prevent taxpayers from claiming the dividend received deduction for dividends received on a share in respect of which there is a synthetic equity arrangement.

This measure would apply to dividends received on or after January 1, 2025.

Under the Income Tax Act , losses and other tax attributes that arise from expenditures for which a taxpayer did not ultimately bear the cost are generally not recognized. The Income Tax Act contains a set of debt forgiveness rules that apply where a commercial debt is settled for less than its principal amount. These rules generally reduce tax attributes by the amount of debt that is forgiven and, where tax attributes have been fully reduced, the rules cause an income inclusion equal to half of the remaining forgiven amount. The Act also contains a rule that entitles an insolvent corporation to a corresponding deduction to offset all or part of an income inclusion from the debt forgiveness rules.

Bankrupt taxpayers are generally excluded from these debt forgiveness rules. Instead, a separate loss restriction rule applies to extinguish the losses of bankrupt corporations that have received an absolute order of discharge.   

Some taxpayers have sought to manipulate the bankrupt status of an insolvent corporation, with a view to benefiting from the exception in the debt forgiveness rules while also avoiding the loss restriction rule applicable to bankrupt corporations. This planning seeks to preserve the losses and other tax attributes of the insolvent corporation (which would otherwise be eliminated upon the forgiveness of its debts) for their acquisition and use in avoiding corporate income tax by a profitable corporation.

Although the manipulation of bankrupt status can be challenged by the government based on existing rules in the Income Tax Act , these challenges can be both time-consuming and costly. As a result, the government is proposing a specific legislative measure.

Budget 2024 proposes to repeal the exception to the debt forgiveness rules for bankrupt corporations and the loss restriction rule applicable to bankrupt corporations. This change would subject bankrupt corporations to the general rules that apply to other corporations whose commercial debts are forgiven. The bankruptcy exception to the debt forgiveness rules would remain in place for individuals. While bankrupt corporations would be subject to the reduction of their loss carryforward balances and other tax attributes upon debt forgiveness, as insolvent corporations they could qualify for relief from the debt forgiveness income inclusion rule provided under the existing deduction for insolvent corporations.

These proposals would apply to bankruptcy proceedings that are commenced on or after Budget Day.

International Tax Measures

Exchange of tax information between national revenue agencies is an important tool for combating offshore tax evasion. The Common Reporting Standard (CRS) is the global standard developed and endorsed by the Organization for Economic Cooperation and Development (OECD) for the automatic exchange of financial information for tax purposes. Under Canada's implementation of the CRS in the Income Tax Act , Canadian financial institutions report to the Canada Revenue Agency information on financial accounts held in Canada by non-residents. The Canada Revenue Agency shares this information with foreign tax authorities. In exchange, Canada receives information on financial accounts held by Canadian residents outside of Canada.

Crypto-Asset Reporting Framework

Since the implementation of the CRS, financial markets have continued to evolve. One major development is the emergence of crypto-assets (including stablecoins, derivatives issued in the form of a crypto-asset, and certain non-fungible tokens), which can be transferred or held without interacting with traditional financial intermediaries and do not need to be reported under the CRS. To ensure appropriate reporting, the OECD has developed a new framework (referred to as the Crypto-Asset Reporting Framework, or CARF) that provides for the automatic exchange of tax information in relation to transactions in crypto-assets.

Budget 2024 proposes to implement the CARF in Canada. The measure would impose a new annual reporting requirement in the Income Tax Act on entities and individuals (referred to as crypto-asset service providers) that are resident in Canada, or that carry on business in Canada, and that provide business services effectuating exchange transactions in crypto-assets. This would include crypto exchanges, crypto-asset brokers and dealers, and operators of crypto-asset automated teller machines.

Crypto-asset service providers would be required to report to the Canada Revenue Agency, in respect of each customer and in respect of each crypto-asset, the annual value of:

• exchanges between the crypto-asset and fiat currencies;
• exchanges for other crypto-assets; and
• transfers of the crypto-asset, including the requirement to report information in respect of a customer of a merchant where the crypto-asset service provider processes payments on behalf of the merchant and the customer has transferred crypto-assets to the merchant in exchange for goods or services with a value exceeding US$50,000.

Reportable crypto-assets would exclude central bank digital currencies and specified electronic money products (e.g., digital representations of fiat currencies), which would be reportable under the amendments to the CRS described below.

In addition to information on crypto-asset transactions, crypto-asset service providers would be required to obtain and report information on each of their customers, including name, address, date of birth, jurisdiction(s) of residence, and taxpayer identification numbers for each jurisdiction of residence. If a customer is a corporation or other legal entity, the same information would need to be collected and reported in respect of the natural persons who exercise control over the entity. Reporting would be required with respect to both Canadian resident and non-resident customers.

Common Reporting Standard

Budget 2024 also proposes to implement amendments to the CRS that have been endorsed by the OECD in connection with the CARF. The changes would broaden the scope of the CRS to include specified electronic money products and central bank digital currencies which are not covered by the CARF. The amendments would also ensure effective coordination between the CRS and the CARF and limit instances of duplicative reporting between the two frameworks. Other changes would require that additional information be reported in respect of financial accounts and account holders and would strengthen the due diligence procedures financial institutions are required to follow.

In response to recommendations of the Global Forum on Transparency and Exchange of Information for Tax Purposes, Budget 2024 proposes two other changes to the CRS.

• First, the CRS would be amended to remove Labour-Sponsored Venture Capital Corporations (LSVCCs) from the list of non-reporting financial institutions and treat a non-registered account held in an LSVCC as an excluded account provided that annual contributions to the account do not exceed US$50,000. This would generally extend the same treatment to non-registered accounts currently available to registered accounts, e.g., Registered Retirement Savings Plans, which already qualify as excluded accounts. Due diligence and reporting requirements do not apply in respect of excluded accounts.
• Second, the anti-avoidance provision of the CRS would be amended to clarify that it applies when an individual or any entity enters into an arrangement or engages in a practice, if it can reasonably be considered that the primary purpose is to avoid an obligation of any person under the CRS.

These measures would apply to the 2026 and subsequent calendar years. This would allow the first reporting and exchange of information under the CARF and amended CRS to take place in 2027 with respect to the 2026 calendar year.

Existing income tax rules require a person who pays a non-resident for services provided in Canada to withhold 15 per cent of the payment and remit it to the Canada Revenue Agency (CRA). This acts as a pre-payment of any Canadian tax that the non-resident may ultimately owe. Canada generally taxes non-residents on their income from carrying on business in Canada. However, many non-resident service providers do not ultimately owe Canadian tax either because they do not have a permanent establishment in Canada under an applicable tax treaty, or because the service is international shipping or operating an aircraft in international traffic, both of which are generally exempt from Canadian tax.

Non-resident service providers with no Canadian tax liability may apply to the CRA for an advance waiver of the withholding requirement for a specific planned transaction. Alternatively, they may apply for a refund of the withheld amounts. However, many non-resident service providers instead pass the cost of the withholding requirement on to the payors. This increases costs for Canadians.

Budget 2024 proposes to provide the CRA with the legislative authority to waive the withholding requirement, over a specified period, for payments to a non-resident service provider if either of the following conditions are met:

• the non-resident would not be subject to Canadian income tax in respect of the payments because of a tax treaty between its country of residence and Canada; or
• the income from providing the services is exempt income from international shipping or from operating an aircraft in international traffic.

This proposal would allow the CRA to waive the withholding requirement on multiple transactions with a single waiver, subject to any conditions and information requirements necessary to reduce compliance risks.

This measure would come into force on royal assent of the enacting legislation.

Sales and Excise Tax Measures

On September 14, 2023, the government announced that it would temporarily remove the Goods and Services Tax (GST) from new purpose-built rental housing projects, such as apartment buildings, student housing, and senior residences built specifically for long-term rental accommodation.

The removal of the GST is being implemented through an Enhanced (100-per-cent) GST Rental Rebate for new qualifying purpose-built rental housing projects.

Qualifying purpose-built rental housing units include those that are part of a residential complex

• that contains at least four private apartment units or at least 10 private rooms or suites; and
• in which all or substantially all of the residential units meet the conditions for the existing GST Rental Rebate.

The Enhanced GST Rental Rebate applies to projects that begin construction after September 13, 2023 and before 2031, and that complete construction before 2036.

Universities, Public Colleges, and School Authorities

Under the existing GST/Harmonized Sales Tax (HST) rules in the Excise Tax Act , universities, public colleges, and school authorities are not eligible for a GST Rental Rebate in respect of new student housing they provide. This is due to the often temporary nature of student residences and the special GST/HST rules that apply to these entities.

Rental Rebate Conditions

One of the main eligibility conditions for a GST Rental Rebate is that the unit is for long-term rental. In this regard, the Excise Tax Act generally requires that the unit's first use be as the primary place of residence for an individual under a lease for a period of at least 12 months. However, many universities, public colleges, and school authorities would likely not meet this condition in respect of traditional student residences due to the more temporary nature of the housing.

Special GST Rules

When universities, public colleges, and school authorities build a new residence for their students, they are not subject to the normal GST/HST rules for builders, which require tax to be paid on the final value of a newly constructed residential complex. Instead, they are subject to a special set of relieving GST/HST rules under which they only incur GST/HST on their construction inputs. However, because of this, there is no final tax amount, which is the amount on which the GST Rental Rebates are based.

Proposed Modifications

To ensure that universities, public colleges, and school authorities can claim the Enhanced (100-per-cent) GST Rental Rebate, Budget 2024 proposes to modify the Excise Tax Act to allow them to apply the normal GST/HST rules that apply to other builders (i.e., paying GST/HST on the final value of the building) in respect of new student housing projects.

Additionally, Budget 2024 proposes to amend the Excise Tax Act and its regulations to relax the rebate conditions for new student housing provided by universities, public colleges, and school authorities that operate on a not-for-profit basis. These are generally educational institutions that would currently qualify for the Public Service Body rebates under the GST/HST.

The relaxed rebate conditions would allow these entities to claim the 100-per-cent rebate in respect of any new student residence that they acquire or construct provided it is primarily for the purpose of providing a place of residence for their students. That is, it would no longer be necessary that the first use of a unit in the student housing project be as a primary place of residence of an individual under a lease for a period of at least 12 months.

The relaxed rebate conditions would not be extended to universities, public colleges, and school authorities that operate on a for-profit basis.

The proposed measures would apply to student residences that begin construction after September 13, 2023 and before 2031, and that complete construction before 2036.

Budget 2024 proposes to amend the Excise Tax Act to repeal the temporary zero-rating of certain face masks or respirators and certain face shields under the GST/HST. The temporary relief announced in the 2020 Fall Economic Statement was proposed to be in effect until the use of face coverings was no longer broadly recommended by public health officials for the COVID-19 pandemic.

This measure would apply to supplies made on or after May 1, 2024.

Excise Duty on Tobacco

Budget 2024 announces the Government's intention to increase the tobacco excise duty rate by $4 per carton of 200 cigarettes (i.e., for a total of $5.49 including the automatic inflationary adjustment of $1.49 per carton of 200 cigarettes that took effect on April 1, 2024), along with corresponding increases to the excise duty rates for other tobacco products outlined in Table 2.

Inventories of cigarettes held by certain manufacturers, importers, wholesalers and retailers at the beginning of the day after Budget Day would be subject to an inventory tax of $0.02 per cigarette (subject to certain exemptions) to account for the $4 increase. Taxpayers would have until June 30, 2024 to file a return and pay the cigarette inventory tax.

This measure would come into force on the day after Budget Day.

Importation Limit for Packaged Raw Leaf Tobacco for Personal Use

Currently under the Excise Act, 2001 , no one is allowed to possess or import unstamped tobacco products unless an exemption applies. One of the exemptions is that the products are imported for personal use in quantities not in excess of prescribed limits (e.g., five cartons of cigarettes). There is currently no limit on importation of packaged raw leaf tobacco for personal use.

Budget 2024 proposes to provide a new prescribed limit of up to 2500 grams of packaged raw leaf tobacco for importation for personal use. Consequential to the imposition of the new importation limit, Budget 2024 also proposes to amend the definition of "packaged" for raw leaf tobacco to ensure the proper enforcement of the new limit for importation, and to better reflect current business practices.

This measure would come into force on the first day of the month following royal assent to the enabling legislation.

Process for Prescribing Tobacco Products

Brands of tobacco products that are destined for the export market must be prescribed by regulation before the products can be exported without markings and the imposition of a special excise duty. Applications need to be made to the Canada Revenue Agency for eligibility assessments, and the Canada Revenue Agency would in turn recommend qualifying brands for prescription through the regulatory process.

To improve the administration of the current process, Budget 2024 proposes to replace the prescription through the regulatory process with an authorization for the Minister of National Revenue to specify the brands of tobacco products for export that are exempted from the special excise duty and marking requirement.

Requiring Information Returns from Tobacco Prescribed Persons

Persons that are prescribed by regulation (i.e., "prescribed persons") may be issued excise stamps for either tobacco products or vaping products, stamps they may then provide to overseas manufacturers of those products to allow the eventual importation of stamped products into Canada. Generally, prescribed persons do not manufacture tobacco or vaping products in Canada, and excise duties are paid once the products are imported into Canada.

Prescribed persons that are issued vaping excise stamps are currently required to file information returns each month, but the same requirement does not apply to prescribed persons that are issued tobacco excise stamps.

To improve controls and accountability for tobacco excise stamps, Budget 2024 proposes to require tobacco prescribed persons to file information returns for tobacco excise stamps.

Excise Duty on Vaping Products

Budget 2024 announces the Government's intention to increase the vaping product excise duty rate as outlined in Table 3.

This proposed increase would also apply to the additional duty imposed in respect of participating jurisdictions under the coordinated vaping product taxation framework. This measure would come into force on July 1, 2024; i.e., the same day as the effective date for the introduction of the coordinated vaping product taxation regime for Ontario, Quebec, the Northwest Territories, and Nunavut.

Sharing of Confidential Information

Currently, under the Excise Act, 2001 , the Canada Revenue Agency is allowed to share confidential information for the purposes of administration or enforcement of the Cannabis Act .

To enhance collaboration between the Canada Revenue Agency and Health Canada in their respective responsibilities with regard to tobacco and vaping products, Budget 2024 proposes to amend the Excise Act, 2001 to allow the Canada Revenue Agency to share confidential information for the purposes of the administration or enforcement of the Tobacco and Vaping Products Act .

This measure would come into force upon royal assent to the enabling legislation.

Other Tax Measures

The First Nations Goods and Services Tax Act provides a legislative framework for interested Indigenous governments to levy broad-based value-added taxes, referred to as the First Nations Goods and Services Tax (FNGST), that are fully harmonized with the federal Goods and Services Tax (GST) or federal component of Harmonized Sales Tax (HST), including applying at the same rate (five per cent).

Budget 2024 proposes to amend the First Nations Goods and Services Tax Act to provide additional flexibility to Indigenous governments seeking to exercise tax jurisdiction on their lands. Specifically, the amendments would enable Indigenous governments to enact a value-added sales tax, under their own laws, on fuel, alcohol, cannabis, tobacco, and vaping (FACT) products within their reserves or settlement lands. The FACT sales tax would be analogous to the FNGST, including applying at the same five per cent GST rate, but would be limited to fuel, alcohol, cannabis, tobacco, and vaping products.

Indigenous governments would have the choice to levy FACT sales taxes and would have the flexibility to choose which FACT product(s) to tax. These taxes would be implemented through negotiated tax administration agreements between the federal government and interested Indigenous governments. FACT sales taxes would apply to all persons buying the taxed FACT products sold on the lands of an opt-in Indigenous government. On products for which an Indigenous FACT sales tax applies, the federal GST, or federal component of HST, would not apply.

Among other administrative matters, tax administration agreements would include provisions for the appropriate sharing of tax room between Indigenous governments and Canada in circumstances where Indigenous government FACT revenues are generated primarily from persons who would otherwise pay the federal GST or federal component of HST.

The government intends to propose amendments to the First Nations Goods and Services Tax Act to enable FACT sales taxes and streamline administration of taxes under that Act. Additional engagement and negotiation of tax administration agreements would be required prior to implementation of value-added FACT taxes by interested Indigenous governments.

Budget 2024 confirms the government's intention to proceed with the following previously announced tax and related measures, as modified to take into account consultations, deliberations, and legislative developments, since their release.

• Legislative proposals released on March 9, 2024, to extend by two years the two per cent cap on the inflation adjustment on beer, spirit, and wine excise duties, and to cut by half for two years the excise duty rate on the first 15,000 hectolitres of beer brewed in Canada.
• The Clean Hydrogen investment tax credit;
• The Clean Technology Manufacturing investment tax credit;
• Concessional Loans;
• Short-Term Rentals;
• Vaping Excise Duties; and
• International Shipping.
• The Canadian journalism labour tax credit;
• Proposed expansion of eligibility for the Clean Technology and Clean Electricity investments tax credits to support generation of electricity and heat from waste biomass;
• The addition of psychotherapists and counselling therapists to the list of health care practitioners whose professional services rendered to individuals are exempt from the Goods and Services Tax/Harmonized Sales Tax (GST/HST);
• Proposals relating to the GST/HST joint venture election rules;
• The application of the enhanced (100-per-cent) GST Rental Rebate to qualifying co-operative housing corporations; and
• Proposals relating to the Underused Housing Tax.
• Regulatory proposals released on November 3, 2023, to temporarily pause the federal fuel charge on deliveries of heating oil.
• Legislative and regulatory amendments to implement the enhanced (100-per-cent) GST Rental Rebate for purpose-built rental housing announced on September 14, 2023.
• The Carbon Capture, Utilization, and Storage investment tax credit;
• The Clean Technology investment tax credit;
• Labour Requirements Related to Certain investment tax credits;
• Enhancing the Reduced Tax Rates for Zero-Emission Technology Manufacturers;
• Flow-Through Shares and the Critical Mineral Exploration Tax Credit – Lithium from Brines;
• Employee Ownership Trusts;
• Retirement Compensation Arrangements;
• Strengthening the Intergenerational Business Transfer Framework;
• The Income Tax and GST/HST Treatment of Credit Unions;
• The Alternative Minimum Tax for High-Income Individuals;
• A Tax on Repurchases of Equity;
• Modernizing the General Anti-Avoidance Rule;
• Global Minimum Tax (Pillar Two);
• Digital Services Tax;
• Technical amendments to GST/HST rules for financial institutions;
• Providing relief in relation to the GST/HST treatment of payment card clearing services;
• Enhancements to the vaping product taxation framework;
• Tax-exempt sales of motive fuels for export;
• Excessive Interest and Financing Expenses Limitations;
• Extending the quarterly duty remittance option to all licensed cannabis producers;
• Revised Luxury Tax draft regulations to provide greater clarity on the tax treatment of luxury items; and
• Technical tax amendments to the  Income Tax Act  and the  Income Tax Regulations .
• Legislative amendments to implement changes discussed in the transfer pricing consultation paper released on June 6, 2023.
• Tax measures announced in Budget 2023, including the Dividend Received Deduction by Financial Institutions.
• Substantive Canadian-Controlled Private Corporations;
• Technical amendments to the  Income Tax Act  and  Income Tax Regulations ; and
• Remaining legislative and regulatory proposals relating to the GST/HST, excise levies and other taxes and charges announced in the August 9, 2022 release.
• Legislative amendments to implement the Hybrid Mismatch Arrangements rules announced in Budget 2021.
• Legislative proposals released in Budget 2021 with respect to the Rebate of Excise Tax for Goods Purchased by Provinces.
• Regulatory proposals released in Budget 2021 related to information requirements to support input tax credit claims under the GST/HST.
• The income tax measure announced on December 20, 2019, to extend the maturation period of amateur athlete trusts maturing in 2019 by one year, from eight years to nine years.

Budget 2024 also reaffirms the government's commitment to move forward as required with other technical amendments to improve the certainty and integrity of the tax system.

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