Showing posts with label self-employment. Show all posts
Showing posts with label self-employment. Show all posts

Thursday, July 17, 2008

Canadian Tax Laws Disadvantage the Self-Employed

In Canada, when a person works for a company as a regular employee, benefits are not taxable. The company pays premiums for health and dental benefits, CPP and so on at no cost to the employee.

But if the same person works for the same company on a contract basis and the company pays for the same benefits, the worker has to pay income tax on every dollar the company spends for their benefits.

There are a couple of ways to partially get around this, at least for the health and dental component. A self-employed worker can set up a Private Health Services Plan (PHSP) with a private insurance company. The worker then has to pay the insurance company 8-10% of all their health and dental costs, and that makes the health costs tax deductible - up to a limit of $1,500 a year. Noone over the age of 40 is going to get health and dental coverage for $1,500 a year. But in the personal tax laws there is some tax relief provided for health expenditures that are over 3% of income (to a maximum income of $63,000, which is $1,890) - expenditures aren't completely deductible, but there's some provision.

The PHSP is a messy way to handle the unfairness to contract workers. For one thing, the self-employed worker is out of pocket to the insurance company. For another, there is a restriction that you can only claim the PHSP expenditures on your taxes if your self-employment income is more than half of your total income for the year. Consequently, if you have health-related costs in January, lose your contract in February and get a regular job in March, you cannot claim the PHSP expenditures on your taxes - you're out the 8-10% you paid the insurance company.

It also seems crazy to hand this huge freebie to the insurance industry - they get to scoop up 8-10% with no effort and no risk.

It seems a principle of tax law fairness that people should not be disadvantaged by the way their job contract is created. Increasingly, companies like to hire people on a contract basis. It's true that there are tax breaks afforded to self-employed workers that regular employees don't get, but they don't turn out to be very much, at least if you're honest. For example, there's a deduction for working at home, but you're only allowed to deduct a small portion of your home expenses. First, you take the square footage of your home office and divide it into the total area of your house; say that's 10%. Then you work out how many days a week you work at home, say 5/7. In that example you can deduct about 7% of your home expenses. Similarly, you can deduct a portion of your car costs based on the percentage of your driving that is work-related.

Revenue Canada should reform the tax laws for self-employed workers to create parity with regular employees on the tax implications of benefits. Health and CPP premiums should be tax-deductible, at the very least.

###