Fishing Income - 2011

T4004(E) Rev. 11

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Table of contents

• Before you start
• Is this guide for you?
• What's New for 2011
• Definitions
• Chapter 1 - General information
  • Fishing income
  • How to report your fishing income
  • Business records
  • Instalment payments
  • Dates to remember
  • Employment Insurance (EI) Benefits for Self-Employed Persons
  • Goods and services tax/harmonized sales tax (GST/HST) registration
  • What is a partnership?
  • Reporting partnership income
• Chapter 2 - Form T2121,Statement of Fishing Activities
  • Sole proprietorships
  • Partnerships
  • How to complete Form T2121, Statement of Fishing Activities
  • Identification
  • Fishing income
    • T4 slip, Statement of Remuneration Paid
    • Fish products
    • Other marine products
    • Grants, credits, and rebates
    • Subsidies
    • Compensation for loss of fishing income or property
    • Other income
• Chapter 3 - Expenses
  • Who can claim expenses?
  • Prepaid expenses
  • Grants, credits, and rebates
  • Current or capital expenses
  • Your net income (loss)
  • Details of other partners (chart of Form T2121)
  • Details of equity (chart of Form T2121)
• Chapter 4 - Capital cost allowance (CCA)
  • What is CCA?
  • Available for use rules
  • How much CCA can you claim?
    • Basic information about CCA
  • How do you calculate your CCA?
  • Classes of depreciable property
    • Special rates for certain boats
  • Special situations
    • Personal use of property
    • Changing from personal to business use
    • Grants, subsidies, and rebates
    • Non-arm's length transactions
    • Special rules for disposing of a building in the year
    • Replacement property
• Chapter 5 - Eligible capital expenditures
  • What is an eligible capital expenditure?
  • What is an annual allowance?
  • What is a cumulative eligible capital (CEC) account?
  • How to calculate your annual allowance
  • Sale of eligible capital property in the 2011 fiscal period
  • Election
  • Replacement property
  • Eligible capital property of a deceased taxpayer
• Chapter 6 - Fishing losses
  • Fishing and non-capital losses
    • Fishing losses
    • Non-capital losses
• Chapter 7 - Capital Gains
  • How to calculate your capital gain or loss
  • Qualified fishing property and cumulative capital gains deduction
    • What is qualified fishing property?
    • Real property or eligible capital property
  • Transfer of fishing property to a child
    • Transfer of fishing property to a child if a parent dies in the year
  • Transfer of fishing property to a spouse or common-law partner
  • Other special rules
    • Reserves
    • Exchanges or expropriations of property
• Capital cost allowance (CCA) rates
• GST/HST
• For more information
  • What if you need help?
  • Forms and publications
  • My Account
  • My Business Account
  • Represent a Client
  • Electronic Payments
  • Tax Information Phone Service (TIPS)
  • Teletypewriter users
  • Our service complaint process
  • Your opinion counts
• Index

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Before you start

Is this guide for you?

Use this guide if you earned income as a self-employed fisher or as a partner of a fishing partnership. It will help you calculate the fishing income to report on your 2011 income tax return.

You can be a self-employed fisher and also a partner of one or more fishing partnerships. For instance, you may have fished for groundfish by yourself and also have been in a lobster-fishing partnership with your child.

Generally, we consider you to be a self-employed fisher if all of the following applies to you:

• you participate in making a catch;
• you are not fishing for your own or another person's sport; and
• you meet at least one of the following conditions:
  • you own or lease the boat that is used to make the catch;
  • you own or lease specialized fishing gear (not including hand tools or clothing) used to make the catch;
  • you hold a species licence issued by Fisheries and Oceans Canada, which is necessary to make the catch; or
  • you have a right of ownership to all or part of the proceeds from the sale of the catch, and you are responsible for all or part of the expenses incurred in making the catch. This means you have to pay a predetermined amount or percentage of the expenses, such as fuel, incurred by the crew in making the catch, regardless of the value of the catch.

Throughout this guide, we refer to other guides, forms, interpretation bulletins, and information circulars. Generally, if you need any of these, go to Forms and publications. You may want to bookmark this address for easier access to our Web site in the future.

The term income tax return used in this guide has the same meaning as income tax and benefit return.

What's new for 2011?

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Definitions

Arm's length - refers to a situation that exists where two parties that deal with each other are not related to each other, no control exists between them, nor does one party have a beneficial (financial) interest in the other.

Available for use - generally, an asset is considered to become available for use and eligible for capital cost allowance and investment tax credit at the earliest of:

• the time at which the property is first used by the claimant for the purpose of earning income; or
• the time the property is delivered or is made available to claimant and is capable of producing a saleable product or service.

Capital cost - is the amount on which you first claim Capital Cost Allowance (CCA). The capital cost of a property is usually the total of:

• the purchase price (not including the cost of land, which is usually not depreciable;
• the part of your legal, accounting, engineering, installation, and other fees that relates to the buying or construction of the property (not including the part that applies to land);
• the cost of any additions or improvements you made to the property after you acquired it, if you did not claim these costs as a current expense (such as modifications to accommodate persons with disabilities); and
• for a building, soft costs (such as interest, legal and accounting fees, and property taxes) related to the period you are constructing, renovating, or altering the building, if these expenses have not been deducted as current expenses.

Capital cost allowance (CCA) - you might acquire a depreciable property, such as a building, furniture, or equipment, to use in your business or professional activities. You cannot deduct the cost of the property when you calculate your net business or professional income for the year. However, since these properties wear out or become obsolete over time, you can deduct their cost over a period of several years. The deduction for this is called CCA.

Depreciable property - this is the property on which you can claim CCA. It is usually capital property used to earn income from a business or property. The capital cost can be written off as CCA over a number of years. You usually group depreciable properties into classes. For example, diggers, drills, and tools acquired after May 1, 2006, that cost $200 or more ($500 or more under proposed changes) belong to Class 8. You have to base your CCA claim on a rate assigned to each class of property.

Fair market value FMV generally, this is the highest dollar value that you can get for your property in an open and unrestricted market between an informed and willing buyer and an informed and willing seller who are dealing at arm's length with each other.

Non arm's length - refers to a situation where two parties that deal with each other are related to each other, one party exerts control over the other, or one party has beneficial (financial) interests in the other. For more information on non arm's length transactions, see Interpretation Bulletin IT-419, Meaning of Arm's Length.

Motor vehicle - this is an automotive vehicle designed or adapted for use on highways and streets. A motor vehicle does not include a trolley bus or a vehicle designed or adapted to be operated only on rails.

Passenger vehicle - this is a motor vehicle designed or adapted primarily to carry people on highways and streets. It seats a driver and no more than eight passengers. Most cars, station wagons, vans, and some pick up trucks are passenger vehicles. They are subject to the limits for CCA, interest, and leasing. A passenger vehicle does not include:

• an ambulance;
• clearly marked police and fire emergency response vehicles;
• a motor vehicle you bought to use more than 50% as a taxi, a bus used in the business of transporting passengers, or a hearse used in a funeral business;
• a motor vehicle you bought to sell, rent, or lease in a motor vehicle sales, rental, or leasing business;
• a motor vehicle (except a hearse) you bought to use in a funeral business to transport passengers;
• a van, pick up truck, or similar vehicle that seats no more than the driver and two passengers and that, in the tax year you bought or leased it, was used more than 50% to transport goods and equipment to earn income;
• a van, pick up truck, or similar vehicle that, in the tax year you bought or leased it, was used 90% or more to transport goods, equipment, or passengers to earn income;
• a pick up truck that, in the tax year you bought or leased it, was used more than 50% to transport goods, equipment, or passengers while earning or producing income at a remote work location or at a special work site that is at least 30 kilometres from the nearest community having a population of at least 40,000 persons; and
• a clearly marked emergency medical service vehicle used to carry paramedics and their emergency medical equipment.

Proceeds of disposition - the proceeds of disposition usually mean the selling price of a property. The proceeds of disposition are the amounts you receive, or that we consider you to have received, when you dispose of your property.

Undepreciated capital cost (UCC) - generally, the UCC is the amount left after you deduct CCA from the capital cost of a depreciable property. Each year, the CCA you claim reduces the UCC of the property.

Chapter 1 - General information

Fishing income

Fishing income includes income you earned, whether it was payable in cash, property or services from fishing for or catching:

• shellfish;
• crustaceans; and
• marine animals.

Fishing income does not include income you earned from working as an employee in a fishing business.

Note
Include all your income when you calculate it for tax purposes. If you fail to report all your income, you may be subject to a penalty of 10% of the amount you failed to report after your first omission.

A different penalty may apply if you knowingly or under circumstances amounting to gross negligence participate in the making of a false statement or omission on your income tax return. The penalty is 50% of the tax attributable to the omission or false statement (minimum $100).

If you are not sure whether you are a self-employed fisher or an employee, see Guide T4005, Fishers and Employment Insurance.

You were asking?

Q.	When does a fishing business start? Can I deduct the costs I incur before and during the start of my fishing business?
A.	We look at each case on its own merits. Generally, we consider that a fishing business starts whenever you start some significant activity that is a regular part of the business, or that is necessary to get the business going.

For example, suppose that you decide to open a fishing business and you buy enough equipment to start the business. We would consider this to be the starting point of your business. You can usually deduct all of the expenses you have incurred up to that point to earn fishing income. You could still deduct the expenses even if, despite all your efforts, the business wound up. On the other hand, if you review several different types of fishing activities in the hope of going into a fishing business of some kind we would not consider that your business has begun. In this case, you cannot deduct any of the costs you have incurred.

For more information about the start of a business, see Interpretation Bulletin IT-364, Commencement of Business Operations, or go to New Businesses.

The law allows Statistics Canada to access business information collected by the Canada Revenue Agency (CRA). Statistics Canada can now share with provincial statistical agencies, for research and analysis purposes only, data concerning business activities carried out in the respective province.

How to report your fishing income

You can earn fishing income as a self employed fisher or as a partner of a fishing partnership. Most of the rules that apply to self employed fishers also apply to partners. However, if you are a partner, you should see Reporting partnership income.

Fiscal period

Report your fishing income based on a fiscal period. A fiscal period is the time covered from the day your fishing business starts its business year, to the day your fishing business ends its business year. For an existing business, the fiscal period is usually 12 months. A fiscal period cannot be longer than 12 months. However, it can be shorter than 12 months in some cases, such as when a new business starts or when a business stops.

Self-employed individuals generally have to use a December 31 year-end. If you are an eligible individual, you may be able to use an alternative method of reporting business income that allows you to have a fiscal period that does not end on December 31. If your fiscal year-end is not December 31, see Guide RC4015, Reconciliation of Business Income for Tax Purposes, to calculate the amount of business income to report on your 2011 income tax return. The publication  includes Form T1139, Reconciliation of 2011 Business Income for Tax Purposes.

If you filed Form 1139 with your 2010 income tax return, you generally have to file one again for 2011.

Reporting methods

You can report your fishing income using the cash method or the accrual method of accounting.

Cash method

When you use the cash method, you:

• report income in the fiscal period you receive it; and
• deduct expenses in the fiscal period you pay them.

For special rules on prepaid expenses, see Prepaid expenses.

If you use the cash method and receive a post-dated cheque as security for a debt, include the amount in income when the cheque is payable.

If you receive a post-dated cheque as an absolute payment for a debt and the cheque is payable before the debt is due, include the amount in your income on one of the following dates, whichever is earlier:

• the date the debt is payable; or
• the date you cash or deposit the cheque.

Note
The preceding post dated cheque rules apply to income-producing transactions, such as the sale of fish. They do not apply to transactions involving capital property, such as the sale of a boat.

When you use the cash method in a fishing business, do not include inventory when you calculate your income. There are, however, two exceptions to this rule.

You can include in inventory the cost of your nets and traps, see Line 9137 - Nets and traps. A fishing partnership can use the cash method only if all the partners agree to use it.

For more details on the cash method for fishing income, see Interpretation Bulletin IT-433, Farming or Fishing - Use of Cash Method.

Accrual method

When you use this method you:

• report income in the fiscal period you earn it, no matter when you receive it; and
• deduct expenses in the fiscal period you incur them, whether or not you pay them in that period.

For special rules on prepaid expenses, see Prepaid expenses.

When you calculate your income using the accrual method, the value of all inventories, such as fish, fish by products, supplies, and so on will form part of the calculation. Make a list of your inventory and count it at the end of your fiscal period. Keep this list as part of your business records.

You can use one of the following methods to value your inventory:

• value your entire inventory at its fair market value (FMV). Use either the price you would pay to replace an item, or the amount you would get if you sold an item;
• value individual items at cost or FMV, whichever is lower (when you cannot easily tell one item from another, you can value the items as a group). Cost is the price you incur for an item, plus any expenses you incur bringing an item to your business location and putting it in a condition so that it can be used in the business.

Use the same method you used in past years to value your inventory. The value of your inventory at the start of your 2011 fiscal period is the same as the value at the end of your 2010 fiscal period. In your first year of fishing business, you will not have an opening inventory at the start of your fiscal period.

For more information on inventories, see Interpretation Bulletin IT-473, Inventory Valuation.

Note
If you use the accrual method to calculate your fishing income, calculate your cost of goods sold on a separate piece of paper. Form T2121 does not have a line to calculate this amount.

Changing your method of reporting income

If you decide to change your method of reporting income from the accrual method to the cash method, simply use the cash method when you file your next income tax return. Make sure you include a statement that shows each adjustment you had to make to your income and expenses because of the difference in methods.

If you decide to change from the cash method to the accrual method, you have to receive permission from your tax services office. Ask for this change in writing before the date you have to file your income tax return. In your letter, explain why you want to change methods.

Because there is a difference between the cash and accrual methods, the first time you file your income tax return using the accrual method, make sure you include a statement that shows each adjustment you had to make to your income and expenses.

Business records

You are required by law to keep records of all your transactions to be able to support your income and expense claims.

Keep a record of your daily income and expenses. We do not issue record books nor suggest any type of book or set of books. There are many record books and bookkeeping systems available. For example, you can use a book that has columns and separate pages for income and expenses.

Keep your records along with your duplicate deposit slips, bank statements, and cancelled cheques. Keep separate records for each business you run. If you want to keep computerized records, make sure they are clear and easy to read.

Note
Do not send your records with your income tax return. However, do keep them in case we ask to see them at a later date.

Consequences of not keeping adequate records

If you do not keep the necessary information and you do not have any other proof, we may have to determine your income using other methods.

We may also disallow expenses that you deducted if you are unable to support them.

There are penalties if you do not keep adequate records, do not give the CRA access to your records when requested, or do not give information to CRA officials when asked.

Income records

Keep track of the gross income your fishing business earns. Gross income is your total income before you deduct expenses. Your income records should show the date, amount, and the source of the income. Record the income whether you received cash, property, or services. Support all income entries with original documents.

Original documents include sales slips for each landing, trip settlement sheets, and slips or records of sale to the public, retailers, and restaurants.

For an example of how to record your income, see Summary sheet for a fishing boat.

Expense records

Always get receipts or other vouchers when you buy something for your business. When you buy merchandise or services, the receipts have to show:

• the date of the purchase;
• the name and address of the seller or supplier;
• the name and address of the purchaser; and
• a full description of the goods or services.

For an example of how to record your expenses, see Summary sheet for a fishing boat.

You were asking?

Q.	What should I do if there is no description on a receipt?
A.	When you buy something, make sure the seller describes the item. However, sometimes there is no description on the receipt, as with a cash register tape. In this case, you should write what the item is on the receipt or in your expense journal.
Q.	What should I do if a supplier does not want to give me a receipt?
A.	When you buy something, make sure you get a receipt. Suppliers who are GST/HST registrants are required to provide receipts. Fishers must obtain documentary evidence to support the transactions they enter in their books and records. Your transactions may be denied if you do not have the proper documentation to support your purchases. For more information, see Guide RC4022, General Information for GST/HST Registrants.

Keep a record of the properties that you bought. This record should show who sold you the property, the cost, and the date you bought it. This information will help you calculate your capital cost allowance (CCA) and other amounts. Chapter 4 explains how to calculate CCA.

If you sell or trade a property, show the date you sold or traded it and the amount of the payment or credit from the sale or trade in.

Example

Summary Sheet for a fishing boat

Use the totals to complete Form T2121, Statement of Fishing Activities.

Time limits

Depending on the situation, keep your books, records, and related vouchers for the following lengths of time:

• if you file your income tax return on time, a minimum of six years after the end of the tax year to which they relate;
• if you file your income tax return late, six years from the date you file that income tax return; and
• if you file an objection or appeal, until either the issue is settled and the time for filing any further appeal expires, or the six year period mentioned above has expired, whichever is later.

These retention periods do not apply to certain records. For more information, see Information Circular IC78-10, Books and Records Retention/Destruction. If you want to destroy your books, records, and related vouchers before the minimum six year period is over, you must first get written permission from your tax services office. To do this, either use Form T137, Request for Destruction of Records, or prepare your own written request. For more information, see Guide RC4409, Keeping Records, or go to Keeping records.

Instalment payments

As a self-employed fisher, you may have to make instalment payments for 2012. Your 2012 instalment payments are due on December 31. In most cases, we will send you a notice indicating an instalment amount we have calculated for you. However, there are different methods that can be used to calculate instalment payments. You may have to pay interest and a penalty if you do not pay the full instalment amount you owe on time.

For more information about instalment payments or instalment interest charges, see Pamphlet P110, Paying Your Income Tax by Instalments.

Dates to remember

February 29, 2012 — If you have employees, file your 2011 T4 slip, Statement of Remuneration Paid and T4A slip, Statement of Pension, Retirement, Annuity and Other income. Also, give your employees their copies of the T4 or T4A slips.

March 31, 2012 — Most fishing partnerships will file a partnership information return by March 31, 2012. However, there are exceptions. See the T4068, Guide for the T5013 Partnership Information Return.

April 30, 2012 — Pay any balance owing for 2011. File your 2011 income tax return on or before April 30, 2012, if the expenditures of your fishing business are mainly the cost or capital cost of tax shelter investments.

June 15, 2012 — File your 2011 income tax return on or before June 15, 2012, if you have self-employed fishing income, or if you are the spouse or common-law partner of someone who is employed, unless the expenditures of the business are mainly the cost or capital cost of tax shelter investments. However, you have to pay any balance owing by April 30, 2012, to avoid interest charges.

December 31, 2012 — Make your 2012 instalment.

Note
If any of the dates mentioned above fall on a Saturday, Sunday, or a statutory holiday, you have until the next business day to file your return or make your payment.

Employment Insurance (EI) benefits for self employed persons

Beginning in the year you register to participate in the measure, your EI premiums will be calculated on your income tax return for that year. For example, if you register in 2011 to participate in this program, premiums for 2011 will be calculated on your 2011 income tax return and will be payable by April 30, 2012.

Subsequently, if you pay your income tax by instalment, EI premiums may be included in your instalment payments.

When you register for the measure, EI premiums will be payable on your self-employment income for the entire year, regardless of the date you register. For example, whether you register in April 2011 or December 2011, you will pay EI premiums on your self-employment income for the entire year of 2011.

EI premiums are payable on the amount of your earnings from self-employment, up to an annual maximum amount. The annual maximum amount for 2011 is $44,200.

For more information, visit Service Canada.

Goods and services tax/harmonized sales tax (GST/HST) registration

If your total gross worldwide revenue from your GST/HST taxable sales, including those taxed at the rate of 0% (zero rated), and those of your associates is more than $30,000 in a calendar quarter or in four consecutive calendar quarters, you have to register for GST/HST.

If your gross revenue is equal to or less than $30,000, you do not have to register, but you can do so voluntarily. It may benefit you to register because GST/HST registrants are able to claim input tax credits.

Note
British Columbia, Nova Scotia, New Brunswick, Ontario, and Newfoundland and Labrador harmonized the GST with their provincial sales tax to create the HST.

For information about GST/HST taxable fishing goods and services, zero rated fishing products, and zero rated fishing purchases, see GST/HST. For more information on GST/HST, go to Goods and services tax/harmonized sales tax (GST/HST).

The GST/HST Registry

The GST/HST Registry is an online service that allows you to validate the GST/HST number of a business, which helps to ensure that claims submitted for input tax credits only include GST/HST charged by suppliers who are registered for GST/HST. For more information, go to Welcome to the GST/HST Registry.

You can validate the Quebec Sales Tax (QST) registration number by accessing the QST registry on the Revenu Québec Web site at Validation of a QST Registration Number.

What is a partnership?

A partnership is usually the relationship between persons who carry on a business in common with the belief that they will make a profit. You can have a partnership without a written agreement. To help you decide if you are a partner in a certain business, determine the type and extent of your involvement in the business and check the laws of your province or territory.

When you form, change, or dissolve a relationship that may be a partnership, consider:

• whether the relationship is a partnership;
• the special rules about capital gains or losses and the recapture of CCA that apply when you give properties to a partnership;
• the special rules that apply when you dissolve a partnership; and
• the special rules that apply when you sell or dispose of your interest in a partnership.

For more information about partnerships, see Interpretation Bulletin IT-90, What is a Partnership?.

Limited partnership

A limited partnership is a partnership that gives its limited partners limited responsibilities that are similar to those given to shareholders of a corporation. A limited partner’s liability as a partner is limited, as opposed to that of a general partner who has unlimited liability.

Reporting partnership income

A partnership does not generally pay tax on its income or file an income tax return. Instead, each partner files an income tax return to report his or her share of the partnership's net income or loss. The partners have to do this whether the share of income was received in cash or as a credit to a capital account in the partnership.

Partnership losses

A partnership can have a loss. However, apply the loss carry over rules to each partner and not to the partnership. For example, when you complete your income tax return, combine your share of the partnership non capital losses with any other non capital losses you have in the year. Apply this amount against your income.

For more information about losses, see Fishing and non-capital losses.

Filing requirements for partnerships

For 2011 and later taxation years, a partnership that carries on a business in Canada, or a Canadian partnership with Canadian or foreign operations or investments, has to file a T5013 partnership information return for each fiscal period of the partnership if:

• at the end of the fiscal period, the partnership has an absolute value of revenues plus an absolute value of expenses of more than $2 million, or has more than $5 million in assets; or
• at any time during the fiscal period:
  • the partnership is a tiered partnership (has another partnership as a partner or is itself a partner in another partnership);
  • the partnership has a partner that is a corporation or a trust;
  • the partnership invested in flow through shares of a principal business corporation that incurred Canadian resource expenses and renounced those expenses to the partnership; or
  • the Minister of National Revenue requests one in writing.

For more information about the partnership information return, go to Partnership and information return filing requirements see Guide T4068.

Capital cost allowance

A partnership can own depreciable property and claim Capital Cost Allowance (CCA) on it. As an individual partner, you cannot claim CCA on property that the partnership owns.

From the capital cost of depreciable property, subtract any investment tax credit allocated to the individual partners. We consider this allocation to be made at the end of the partnership's fiscal period. Also, you must reduce the capital cost by any type of government assistance received. Box 85 of your T5013 or T5013A slip will show the amount of CCA the partnership claimed on your behalf. This amount has already been deducted from your business income in box 35 of the T5013 or T5013A slip. Do not deduct this amount again. For more information about CCA and the adjustments to capital cost, see Chapter 4.

Any taxable capital gain or recapture from the sale of property the partnership owns is included in the income of the partnership. Also, any allowable capital or terminal loss from the sale of partnership owned property is the loss of the partnership.

For more information about capital gains and losses, as well as recapture and terminal losses, see Chapter 4.

Eligible capital expenditures

A partnership can own eligible capital property and deduct an annual allowance. Any income from the sale of eligible capital property the partnership owns is income of the partnership. For more information about eligible capital expenditures, see Chapter 5.

Goods and services tax/harmonized sales tax (GST/HST) rebate for partners

If you are an individual who is a member of a partnership, you may be able to get a rebate for the GST/HST that you paid on certain expenses. The rebate is based on the GST/HST that you paid on expenses that you deducted from your share of the partnership income on your income tax return. However, special rules apply if your partnership paid you an allowance for those expenses.

As an individual who is a member of a partnership, you may qualify for the GST/HST partner rebate if:

• the partnership is a GST/HST-registrant; and
• you personally paid GST/HST on expenses that;
  • you did not incur on the account of the partnership; and
  • you deducted from your share of the partnership income on your income tax return.

We base the rebate on the amount of the expenses subject to GST/HST that you deduct on your income tax return. Examples of expenses subject to GST/HST are vehicle costs and meals, and entertainment.

You can also get a GST/HST rebate for the CCA that you claim on certain types of property. For example, you can claim CCA for a vehicle you bought to earn partnership income if you paid GST/HST when you bought it.

Use the chart "Other amounts deductible from your share of net partnership income (loss)," of Form T2121, Statement of Fishing Activities, to claim expenses for which the partnership did not reimburse you or any other deductible amounts.

For more information, see Line 9943 - Other amounts deductible from your share of net partnership income (loss).

Note
Enter the amount of the GST/HST rebate for partners that relates to eligible expenses other than CCA on line 9974 of Form T2121. In Area A of Form T2121, reduce the undepreciated capital cost (UCC) for the beginning of 2012 by the portion of the rebate that relates to the eligible CCA.

For more information about the GST/HST rebate, see Guide RC4091, GST/HST Rebate for Partners, which includes Form GST370, Employee and Partner GST/HST Rebate Application.

Investment tax credit

An Investment Tax Credit (ITC) lets you subtract, from the taxes you owe, part of the cost of some types of property that you acquired or expenditures you incurred. You may be able to claim this credit in 2011, if you bought qualifying property, incurred qualifying expenditures, or were allocated renounced Canadian exploration expenses. You may also be able to claim the credit if you have unused ITC's from years before 2011. For more information about ITC's, see Form T2038(IND), Investment Tax Credit (Individuals).

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Chapter 2 — Income from Fishing

Sole proprietorships

If you are a sole proprietor of a fishing business, complete all of the applicable areas and lines on Form T2121, Statement of Fishing Activities.

Partnerships

The details of your fishing activities that you have to give us depend on the type of your partnership. If you are a partner in a partnership that has to file a partnership information return, complete Form T2121 as follows:

• Complete the "Identification" area.
• Enter the amount shown in box 43 (or box 21 if a limited partnership) of your T5013 or T5013A slips, on line C of Form T2121.
• Complete the "Other amounts deductible from your share of net partnership income (loss)" chart to claim any expenses for which the partnership did not reimburse you, or other amounts you may be able to deduct. Also, complete the Calculating business-use-of-home expenses chart if it applies to you.
• Enter your share of the net income or loss from the fishing business on line 9946, "Your net income (loss)". If you did not make any adjustments to the amount in box 43 (or box 21 if a limited partnership) of your T5013 or T5013A slips, the amount you enter on line 9946 will be the same as the amount you entered on line C.

If you are a partner in a partnership that does not have to file a partnership information return, complete Form T2121 as follows:

• Complete the "Identification" area.
• Complete the "Income" section to report the business income for the partnership.
• Complete the "Expenses" section to report the business part of expenses for the partnership.
• Complete the "Other amounts deductible from your share of net partnership income (loss)" chart to claim any expenses for which the partnership did not reimburse you, or any other amounts you may be able to deduct. Also, complete the Calculating business-use-of-home expenses chart if it applies to you.
• Complete the "Details of other partners" chart.

To see if your partnership has to file a partnership information return, see Filing requirements for partnerships.

How to complete Form T2121, Statement of Fishing Activities

In this guide, you will find two copies of Form T2121, Statement of Fishing Activities. This form can help you calculate your income and expenses for income tax purposes. We encourage you to use it; however, we will continue to accept other types of financial statements.

You have to complete a separate form for each business you operate. For more information about the tax consequences of operating more than one business, see Interpretation Bulletin IT-206, Separate Businesses.

File your completed Form T2121 with your income tax return.

Identification

Complete all of the lines that apply to your fishing business.

Enter your Account Number (15 characters), assigned by the CRA, in the appropriate area.

Indicate the period that your business year covered, which is your fiscal period. For an explanation of fiscal period, see Fiscal period.

Enter the name and the vessel registration number (VRN) given by Fisheries and Oceans Canada of your boat. If your boat has no formal name, enter the VRN only.

Indicate the main species you caught or fished for in your fishing business.

Enter the industry code that best describes your fishing activity. If more than 50% of your fishing business involved one specific activity, choose the code that identifies that main activity. However, if your fishing operation involved more than one type of fishing activity, and none of these makes up more than 50% of your fishing business, choose the appropriate combination fishing code from the list.

The following is a list of codes that apply to fishing activities:

114113	Salt Water Fishing
114114	Inland Fishing
112510	Aquaculture

If your Form T2121 is for a fishing partnership, identify your percentage of the partnership and enter the 9 digit Partnership Business Number from the Form T5013 or T5013A you received, if applicable.

If you did not prepare your Form T2121, enter the name and address of the person or firm that prepared it for you.

If you have a tax shelter, enter the identification number in the appropriate box. If you are claiming a deduction or losses for 2011, attach to your income tax return any applicable T5003 slip, Statement of Tax Shelter Information, and T5013A slip, Statement of Partnership Income for Tax Shelters and Renounced Resource Expenses, and a completed Form T5004, Claim for Tax Shelter Loss or Deduction. For more information on tax shelters, go to Tax shelters.

Note
Tax shelter numbers are used for identification purposes only. They do not guarantee that taxpayers are entitled to receive the proposed tax benefits.

Tax tip
For more information about how to protect yourself against tax schemes, go to Tax Alert.

Fishing income

This section explains how to complete the "Income" area of Form T2121.

T4 slip, Statement of Remuneration Paid

An employed fisher's income must be reported on a T4 slip, as we no longer produce or accept the T4F slip or T4F Summary. If you employ fishers, see the RC4120, Employer's Guide — Filing the T4 Slip and Summary.

As a fisher, you may have received a T4 slip that shows your fishing income. Since your T4 slip may not show all of your fishing income for the year, you should keep a detailed record of all your fishing income. Enter on Form T2121 the income you received in your 2011 fiscal period.

Your T4 slip also shows the amount of income tax that has been deducted from your fishing income for the calendar year.

However, if your fiscal period ended on a date other than December 31, enter on line 437 of your income tax return one of these amounts:

• the total tax deducted for the year, as shown on your T4 slip; or
• the part of the tax deducted for your 2011 fiscal period (in 2012, you claim the amount that remains).

In either case, include your T4 slip with your 2011 income tax return.

If you are claiming income tax that was deducted from a 2010 T4 slip, attach a note to your 2011 income tax return telling us you are doing this.

You can choose to have tax deducted at the rate of 20% on an amount you will receive from a catch. To do this, complete Form TD3F, Fisher's Election for Tax Deductions at Source, which you and the buyer of the catch or the designated employer have to sign.

Fish products

Include all amounts you received from the sale of fish, lobster, scallops, and so on. If you sell on the high seas, report the amount you received in Canadian dollars. Use the exchange rate in effect at the time you sold the fish. If you sell at various times in the year, use an average rate.

Other marine products

Include all amounts you received from the sale of Irish moss, herring scales, herring roe, seal meat and flippers, seaweed, kelp, roe on kelp, and so on.

Grants, credits, and rebates

You should subtract from the applicable expense any grant, credit, or rebate you received, and enter the net figure on the appropriate line on Form T2121. For more information, see Grants, subsidies, and rebates.

Subsidies

Include the income you received during your 2011 fiscal period from all fishing subsidy programs made to fishers under federal, provincial, territorial, municipal, or joint programs.

Compensation for loss of fishing income or property

You may have received insurance proceeds for property that was lost or destroyed. If you previously deducted the cost of the property as an expense, include the amount of the proceeds in your fishing income. This also includes any amounts you may have received for lost or destroyed nets and traps you included in inventory. Also include on this line compensation you received for loss of income, such as payments from the Fisheries Restructuring and Adjustment Program.

Compensation for lost or destroyed capital property, such as a fishing boat, equipment, or nets and traps you capitalize, are proceeds of disposition for the property. Therefore, you have to deduct the proceeds from the undepreciated capital cost of the class to which the property belongs. For more information, see Chapter 4.

Other income

You may have other types of fishing income that are not listed on Form T2121. Show this income on the "Other income" line. Below, we have listed some of the more common types of other income.

Patronage dividends

Include all patronage dividends (other than those for consumer goods or services) in your income in the year you received them. We consider a patronage dividend that is a share or a certificate of indebtedness to be income when you received it.

Paying debts with part of a catch

You may have bought property or paid off a debt with fish or other catch instead of money. In this case, include in your income the fair market value (FMV) of the fish or other catch.

You may have paid off a business expense with fish or other catch. If you did this, include in income the FMV of the fish or other catch. Then you can deduct as an expense the FMV of that fish or other catch.

Sale of property

The tax treatment of the proceeds of disposition from a sale depends on the type of property you sold.

For instance, if you sold capital property, you may have to include in your income a capital gain and a recapture of CCA, or you may be able to deduct a terminal loss. For more information, see Chapter 4.

On the other hand, you may have sold an item that you deducted as an expense, such as small tools. In this case, include the proceeds of disposition for the tools in your income.

However, if you sold a fishing boat and the sale price includes other items such as a fishing licence, nets, or traps, you have to divide the proceeds of disposition among the items. You and the buyer should try to reach an agreement on the price for each item.

Income from related activities

Report other income you received that is not on your T4 slip or elsewhere on Form T2121. Some examples of other income are incomes you received working as a captain, engineer, first mate, or cook.

An owner may have paid you wages and let you keep part of a catch. In this case, include the wages on the appropriate line of your income tax return and the balance received as "Other income" on Form T2121.

If you are a resident of Canada and fish on a foreign vessel, include in your income any amount you received as wages or as your share of the catch. Report the amount you received in Canadian dollars.

Sharesperson income

Report the income you received as a sharesperson. Also, write down the name of the fishing boat and captain.

Line 8299 — Gross income

Gross fishing income is your total fishing income before you deduct expenses. Enter your gross fishing income on line 170 of your income tax return.

Chapter 3 – Expenses

This chapter discusses the more common expenses you might incur to earn income from your business activities. Incur means that you paid or will pay the expense.

Who can claim expenses?

If you are a self-employed fisher, you can deduct certain amounts you spent to earn fishing income. For the definition of self-employed fisher, see Is this guide for you? If you use the cash method of reporting income and expenses, you can only deduct expenses that you paid in the year. If you are using the accrual method, you can deduct expenses incurred during the year, whether you paid them or not. There are special rules for deducting prepaid expenses.

Note
When you claim the GST/HST you paid on your fishing expenses as an input tax credit, reduce the amounts of the expenses to which the credit relates by the amount of the input tax credit. Do this when the GST/HST for which you are claiming the input tax credit was paid or became payable.

"Enter business part only", on Form T2121, means any of the following are not included as part of your expenses:

• salary, wages, (including drawings) paid to self, partner(s) or both;
• the cost of saleable goods or services that you, your family, or your partners and their families used or consumed;
• donations to charities and political contributions;
• interest and penalties you paid on your income tax;
• most life insurance premiums;
• the part of any expenses that can be attributed to non business use of property; and
• most fines and penalties imposed after March 22, 2004, under a law of Canada or a province or foreign country.

Fishing boat owners

As a fishing boat owner, you can deduct all the expenses you incurred for each trip. This includes the expenses to calculate the crewshares.

You may be able to deduct expenses when you used your home for business purposes. You may also be able to deduct the cost to travel between your home and the fishing boat. However, to deduct either of these expenses, you have to meet certain conditions. For more information, see Line 9945 — Business-use-of-home expenses and Line 9281 — Motor vehicle expenses.

You can also deduct other expenses you paid to earn fishing income, as well as CCA on property you owned and used to earn fishing income. We explain CCA in Chapter 4.

Captains of fishing boats

As the captain of a fishing boat, you can deduct expenses for which the owner did not pay or reimburse you. These expenses include the cost of personal navigation aids and rubber gear. You can also deduct motor vehicle expenses you paid to transport crew members and to get supplies and parts to use on the boat. You may be able to deduct business-use-of-home expenses and the cost of travel between your home and the fishing boat if you meet certain conditions. For more information, see Line 9281 — Motor vehicle expenses and Line 9945 — Business-use-of-home expenses.

Sharespeople

As a sharesperson, your income is the amount you received after you deducted all trip expenses from the sale of the catch. Therefore, you can only deduct the expenses you paid for rubber gear, gloves, and knives you used on the fishing boat. You cannot deduct the cost to travel between your home and the fishing boat since we consider these expenses to be personal.

Note
Fishing boat owners, captains, and sharespeople cannot duplicate expenses. For example, if the owner deducted expenses for fuel, food, and ice, a captain cannot deduct the same expenses.

Use of a fishing boat mainly for personal use

You may have used a fishing boat mainly for personal use, but sometimes caught a small amount of fish to sell. In this case, you can deduct expenses and CCA. However, the amount you deduct cannot be more than your income from the catch.

GST/HST input tax credits

If you claim the GST/HST you paid on your fishing business expenses as an input tax credit, reduce the amounts of the business expenses you show on Form T2121 by the amount of the input tax credit. Do this when the GST/HST for which you are claiming the input tax credit was paid or became payable. Enter the net expense figure on the proper line on Form T2121.

Input tax credits that you claim for the purchase of depreciable property used in your business will affect your claim for CCA. If you cannot apply the credit you received to reduce a particular expense, or to reduce an asset's capital cost, include the amount as income as a rebate on the line "Grants, credits and rebates," of Form T2121.

For more information on how the input tax credit for registrants will affect your CCA claim, see Column 2 - Undepreciated capital cost (UCC) at the start of the year.

Prepaid expenses

A prepaid expense is an expense you pay for ahead of time. Under the accrual method of accounting, claim the expense you prepay in the year or years in which you get the related benefit.

Under the cash method of accounting, you cannot deduct a prepaid expense amount (other than for inventory) for a tax year that is two or more years after the year you paid the expense. However, you can deduct the part of an amount you paid in a previous year for benefits received in the current tax year. These amounts are deductible as long as you have not already deducted them.

For example, if you paid $600 for a three-year service contract for office equipment in 2011, you can deduct $400 in 2011. This represents the part of the expense that applies to 2011 and 2012. On your 2013 income tax return, you could then deduct the balance of $200 for the part of the prepaid service contract that applies to 2013.

For more information, see Interpretation Bulletin IT-417, Prepaid Expenses and Deferred Charges.

Grants, credits, and rebates

Subtract, from the applicable expense, any grant, credit, or rebate you received. Enter the net figure on the appropriate line of Form T2121.

If you cannot apply the grant, credit, or rebate you received to reduce a particular expense or to reduce an asset's capital cost, include the total on the line "Grants, credits, and rebates" in the income area on Form T2121.

Current or capital expenses

Renovations and expenses that extend the useful life of your property or improve it beyond its original condition are usually capital expenses. However, an increase in a property’s market value because of an expense is not a major factor in determining whether the expense is capital or current. To determine whether an amount is a current expense or a capital expense, consider your answers to the questions on the following chart.

	Current or capital expenses
Criteria	Capital expenses	Current expenses
Does the expense provide a lasting benefit?	A capital expense generally gives a lasting benefit or advantage. For example, the cost of putting vinyl siding on the exterior walls of a wooden house is a capital expense.	A current expense is one that usually recurs after a short period. For example, the cost of painting the exterior of a wooden house is a current expense.
Does the expense maintain or improve the property?	The cost of a repair that improves a property beyond its original condition is probably a capital expense. If you replace wooden steps with concrete steps, the cost is a capital expense.	An expense that simply restores a property to its original condition is usually a current expense. For example, the cost of repairing wooden steps is a current expense.
Is the expense for a part of a property or for a separate asset?	The cost of replacing a separate asset within that property is a capital expense. For example, the cost of buying a compressor for use in your business operation is a capital expense. This is the case because a compressor is a separate asset, and is not a part of the building.	The cost of repairing a property by replacing one of its parts is usually a current expense. For instance, electrical wiring is part of a building. Therefore, an amount you spend to rewire is usually a current expense, as long as the rewiring does not improve the property beyond its original condition.
What is the value of the expense? (Use this test only if you cannot determine whether an expense is capital or current by considering the three previous tests.)	Compare the cost of the expense to the value of the property. Generally, if the cost is of considerable value in relation to the property, it is a capital expense.	This test is not a determining factor by itself. You might spend a large amount of money for maintenance and repairs to your property all at once. If this cost was for ordinary maintenance that was not done when it was necessary, it is a maintenance expense, and you deduct it as a current expense.
Is the expense for repairs to used property that you acquired to put it in suitable condition for use?	The cost of repairing used property that you acquired to put it in a suitable condition for use in your business is considered a capital expense even though in other circumstances it would be treated as a current operating expense.	Where the repairs were for ordinary maintenance of a property that you already had in your business, the expense is usually current.
Is the expense for repairs made to an asset in order to sell it?	The cost of repairs made in anticipation of the sale of a property, or as a condition of sale, is regarded as a capital expense.	Where the repairs would have been made anyway, but a sale was negotiated during the course of the repairs or after their completion, the cost is regarded as current.

For more information, see Chapter 4 – Capital cost allowance (CCA), and Interpretation Bulletin IT-128, Capital Cost Allowance – Depreciable Property.

You cannot claim expenses you incur to buy capital property. However, as a rule, you can deduct any reasonable current expense you incur to earn fishing income. The deductible expenses include any GST/HST you incur on these expenses less the amount of any input tax credit claimed. Also, since you cannot deduct personal expenses, enter only the business part of expenses on Form T2121.

Note
When you claim the GST/HST you paid on your business expenses as an input tax credit, reduce the amounts of the business expenses you show on Form T2121 by the amount of the input tax credit. Do this when the GST/HST for which you are claiming the input tax credit was paid or became payable. Similarly, subtract any rebate, grant, or assistance from the expense to which it applies. Enter the net figure on the proper line. Any such assistance you claim for the purchase of depreciable property used in your business will affect your claim for CCA.

Line 9138 — Bait, ice, salt

Enter the amount you paid for bait, ice, and salt used for your fishing business.

Line 9062 — Crew shares

Enter the total amount of each crew member's share of the catch. You will find these amounts on the trip settlement sheets.

Line 9224 — Fuel and oil costs

Enter the amounts you paid for fuel and oil for your fishing boat and equipment. If you used a car or truck for your fishing business, see line 9281 - Motor vehicle expenses. The cost of fuel related to business use of work space in your home has to be claimed on line 9945 - Business-use-of-home expenses.

Line 9136 — Gear

Enter the amount you paid for gear. This includes knives, small assorted supplies, gloves, and rubber or oilskin clothing you used in your fishing business.

Line 8690 — Insurance

Enter the premiums you paid to insure your fishing boat and equipment.

In most cases, you cannot deduct your life insurance premiums. However, if you use your life insurance policy as collateral for a loan related to your fishing business, you may be able to deduct a limited part of the premiums you paid. For more information, see Interpretation Bulletin IT-309, Premiums on Life Insurance Used as Collateral.

In most cases, you cannot deduct the amounts you paid to insure personal property such as your home or car. However, if you used the property for personal use and for your fishing business, you can deduct the business part of these costs. For more information, see Line 9281 — Motor vehicle expenses and Line 9945 — Business-use-of-home expenses.

Line 8710 — Interest

You can deduct interest you incurred on money borrowed for fishing business purposes or to acquire property for fishing business purposes.

However, there are limits on the interest you can deduct on money you borrow to buy a passenger vehicle. For more information, see Line 9281 - Motor vehicle expenses.

You can deduct interest that you paid on any real estate mortgage you incurred to earn fishing income, but you cannot deduct the principal part of loan or mortgage payments. Do not deduct interest on money that you borrowed for personal purposes or to pay overdue income taxes.

You may be able to deduct interest expenses for a property that you used for fishing business purposes, even if you have stopped using the property for such purposes because you are no longer in the fishing business. For more information, call 1-800-959-5525.

Line 8523 — Food

The maximum amount you can claim for food, beverages, and entertainment expenses is 50% of either the amount you incur or an amount that is reasonable in the circumstances, whichever is less. However, special rules can affect your claim for meals.

Claim the total amount you paid for food you stocked on your boat to feed your crew when you fished offshore.

Often, inshore fishers do not stock food. Instead, they bring meals from home for their crew because the trips are short (leave home early in the morning and come back late in the afternoon). You can deduct the cost of these meals as long as the meals were a taxable benefit to your crew.

In some cases, you can deduct the cost of meals even though they were not taxable benefits. You can do this if your boat was at sea for 36 hours or more and the meals you provided for your crew were not taxable benefits. Also, if you gave meals to your sharespeople, generally the meals you provided for them are not taxable benefits because we do not consider sharespeople to be employees. The 50% rule applies to all self-employed sharespeople. However, they may be limited by the restriction noted above.

For more information about taxable benefits, see the T4130, Employer's Guide - Taxable Benefits and Allowances. Also see Interpretation Bulletin IT-91, Employment at Special Work Sites or Remote Work Locations.

Line 8760 — Licences

Enter the total cost to renew your annual licences. If you bought a licence from another fisher, you can only deduct part of the cost each year. For details on eligible capital expenditures, see Chapter 5.

If you bought a fishing boat and the price included the cost of a licence, you need to know what part of the price was for the licence and what part was for the boat. Try to agree on these amounts with the seller. See the example.

Line 9281 — Motor vehicle expenses (not including CCA)

You can deduct expenses you incur to run a motor vehicle you use to earn fishing income. Complete "Chart A — Motor Vehicle Expenses," of Form T2121. The chart will help you calculate the amount of motor vehicle expenses you can deduct. If you are a partner in a business partnership and you incur motor vehicle expenses for the business through the use of your personal vehicle, you may claim those expenses related to the business on Line 9943 – Other amounts deductible from your share of net partnership income (loss), of the form.

Keeping records

You can deduct motor vehicle expenses only when they are reasonable and you have receipts to support them. To get the full benefit of your claim for each vehicle, keep a record of the total kilometres you drive and the kilometres you drive to earn fishing income. For each business trip, list the date, destination, purpose, and number of kilometres you drive. Record the odometer reading of each vehicle at the start and end of the fiscal period.

If you change motor vehicles during the fiscal period, record the dates of the changes and the odometer readings at the time you buy, sell or trade the vehicles.

Simplified logbook for motor vehicle expense provisions

Following a Federal initiative to reduce paper burden on businesses, you can choose to maintain a full logbook for one complete year to establish the business use of a vehicle in a base year.

After one complete year of keeping a logbook (starting in 2009 or thereafter) to establish a base year, a three month sample logbook can be used to extrapolate business use for the entire year, providing the usage is within the same range (within 10%) of the results of the base year. Businesses will need to demonstrate that the use of the vehicle in the base year remains representative of its normal use.

For more information about the sample logbook policy, go to Documenting the use of a vehicle.

What type of vehicle do you own?

The kind of vehicle that you own can affect the expenses that you can deduct. For income tax purposes, there are two definitions of vehicles that you should know about. They are:

• motor vehicles; and
• passenger vehicles.

If you own or lease a passenger vehicle, there may be a limit on the amounts that you can deduct for CCA, interest, and leasing costs. We explain the CCA limits in Chapter 4. You will find the limits on interest and leasing costs later in this section.

The following chart will help you to determine if you have a motor vehicle or a passenger vehicle. The chart does not cover every situation, but it gives some of the main definitions for vehicles bought or leased and used to earn business income.

Vehicle definitions

Type of vehicle	Seating (includes driver)	Business use in year bought or leased	Vehicle definition
Coupe, sedan, station wagon, sports car, or luxury car	1 to 9	1% to 100%	passenger
Pick up truck used to transport goods or equipment	1 to 3	more than 50%	motor
Pick up truck (other than above)	1 to 3	1% to 100%	passenger
Pick up truck with extended cab used to transport goods, equipment, or passengers	4 to 9	90% or more	motor
Pick up truck with extended cab (other than above)	4 to 9	1% to 100%	passenger
Sport utility vehicle used to transport goods, equipment, or passengers	4 to 9	90% or more	motor
Sport utility vehicle (other than above)	4 to 9	1% to 100%	passenger
Van or minivan used to transport goods or equipment	1 to 3	more than 50%	motor
Van or minivan (other than above)	1 to 3	1% to 100%	passenger
Van or minivan used to transport goods, equipment, or passengers	4 to 9	90% or more	motor
Van or minivan (other than above)	4 to 9	1% to 100%	passenger

Deductible expenses

The types of expenses that you can claim on line 9281 include:

• licence and registration fees;
• fuel costs;
• insurance;
• maintenance and repairs; and
• leasing costs.

You can also claim CCA, but you enter this amount on line 9936. For more information about CCA, see Chapter 4.

Business use of a motor vehicle

If you use a motor vehicle for business and personal use, you can deduct only the part of the expenses that you paid to earn income. However, you can deduct the full amount of parking fees related to your business activities and supplementary business insurance for your motor vehicle. Fishing business use includes trips to pick up parts or supplies for your boat, and to deliver fish to markets. It also includes driving to and from the fishing boat if your home is your main place of business. To determine if you use your home as your main place of business, see Line 9945 - Business-use-of-home expenses.

To support the amount you can deduct, keep a record of the total kilometres you drive and the kilometres you drive to earn income.

Joint ownership of a passenger vehicle

If you and another person own or lease a passenger vehicle, the limits on CCA, interest, and leasing costs still apply. As a joint owner, the total amount you or any other owners deduct cannot be more than the amount one person owning or leasing the vehicle could deduct.

More than one vehicle

If you used more than one motor vehicle for your fishing business, for each vehicle keep a separate record that shows the total personal‑use kilometres and fishing business kilometres you drive, and the cost to run and maintain each vehicle. Calculate each vehicle’s expenses separately.

For more information, see Interpretation Bulletin IT 521, Motor Vehicle Expenses Claimed by Self Employed Individuals.

Interest

You can deduct interest on the money you borrow to buy a motor vehicle, or passenger vehicle you use to earn fishing income. Include the interest as an expense when you calculate your allowable motor vehicle expenses.

When you use a passenger vehicle to earn income, there is a limit on the amount of interest you can deduct. To calculate the amount of interest you can deduct, complete "Chart B — Available interest expense for passenger vehicles" of Form T2121.

Leasing costs for a passenger vehicle

You can deduct amounts you incur to lease a motor vehicle you use to earn fishing income. Include these amounts on line 9281.

When you use a passenger vehicle to earn fishing business income, there is a limit on the amount of the leasing costs you can deduct. To calculate your eligible leasing costs, complete "Chart C — Eligible leasing costs for passenger vehicles," of Form T2121.

If the lease agreement for your passenger vehicle includes such items as insurance, maintenance, and taxes, include them as part of the lease charges on line 1 of Chart C.

Note
Generally, leases include taxes (GST/HST or PST) but no items such as insurance and maintenance. You have to pay these amounts separately. Include the taxes on line 1 of Chart C, and list the items such as insurance and maintenance on the appropriate lines of “Chart A – Motor vehicle expenses.”

On July 1, 2010, the HST rate for Nova Scotia increased from 13% to 15%. As a result, a resident of Nova Scotia who is making lease payments in 2010 that are calculated on a monthly basis will need to complete the chart twice; one for payments made before July 1, 2010, and the second for payments made after June 30, 2010. You will then add the two results together to determine your eligible leasing costs for the year.

The following example will show you how to calculate your eligible leasing costs. Use Chart C of Form T2121 to help you complete the following example.

Repayments and imputed interest

When you lease a passenger vehicle, you may have a repayment owing to you, or you may have imputed interest. If this is your situation, you will not be able to use the chart.

Imputed interest is interest that would be owing to you if interest were paid on the money deposited to lease a passenger vehicle. Calculate imputed interest for leasing costs on a passenger vehicle only if all of the following apply:

• one or more deposits were made for the leased passenger vehicle;
• the deposit is, or the deposits are, refundable; and
• the total of the deposits is more than $1,000.

For more information, see Interpretation Bulletin IT-521, Motor Vehicle Expenses Claimed by Employed Individuals.

Line 8810 — Office expenses

You can deduct the cost of office expenses. These include small items such as pens, pencils, paper clips, stationery, and stamps. Office expenses do not include items such as calculators, filing cabinets, chairs, and desks. These are capital items.

Line 9137 — Nets and traps

Nets and traps include lines, hooks, buoys, anchors, and radar reflectors.

Generally, you cannot deduct the entire cost of nets and traps you bought in the year. Instead, there are two methods you can use to deduct these costs.

Method 1 — Capital cost allowance (CCA) method

Capitalize the cost of nets and traps and claim CCA. See Chapter 4 for details on CCA.

Method 2 — Inventory method

Include in inventory the cost of nets and traps and deduct the loss in value, as shown in the following example:

If you just started fishing, choose one of the two methods. If you have been fishing for several years and each year you claim the cost of replacing nets and traps, you can keep on doing so. However, you can choose to change to either the CCA or the inventory method. If you choose to do this in 2011, the value of nets and traps on hand at the end of 2010 will be zero since you have deducted their value in previous years.

You can change from the inventory method to the CCA method. However, you cannot change from the CCA method to the inventory method.

Line 8860 — Legal, accounting, and other professional fees

Deduct the fees you incurred for external professional advice or services, including consulting fees.

You can deduct accounting and legal fees you incur to get advice and help in keeping your records. You can also deduct fees you incur for preparing and filing your income tax and GST/HST returns.

You can deduct accounting or legal fees you paid to have an objection or appeal prepared against an assessment for income tax, Canada Pension Plan (CPP) or Quebec Pension Plan (QPP) contributions, or Employment Insurance (EI) premiums. However the full amount of these deductible fees must first be reduced by any reimbursement of these fees that you have received. Report the difference on line 232 of your income tax return. If you received a reimbursement in 2011 for the types of fees that you deducted in a previous year, report the amount you received on line 130 of your 2011 income tax return.

You cannot deduct legal and other fees you incur to buy a capital property, such as a boat or fishing material. Instead, add these fees to the cost of the property. For more information on capital property, see Chapter 5.

For more information, see Interpretation Bulletin IT-99, Legal and Accounting Fees.

Line 9060 — Salaries, wages, and benefits (including employer's contributions)

You can deduct gross salaries and other benefits you pay to employees. For more information see Guide T4005, Fishers and Employment Insurance. Do not deduct salaries or drawings paid or payable to yourself or to a partner. For more information, see Details of equity.

The Canada Pension Plan (CPP) is for all workers including the self employed. Employers, employees, and most self employed individuals have to contribute to the CPP fund. The CPP can provide basic benefits when you retire or if you become disabled. When you die, the CPP can provide benefits to your surviving spouse or common law partner and dependent children under the age of 25. For more information on contributions and benefits, visit Service Canada.

Quebec workers including the self employed are covered under the Quebec Pension Plan (QPP).

As the employer, you can deduct your part of CPP or QPP contributions, Employment Insurance premiums, Provincial Parental Insurance Plan (PPIP) premiums (the PPIP is an income replacement plan for residents of Quebec—for details, contact Revenu Québec), and worker’s compensation amounts payable on employees’ remuneration. For information on making payroll deductions, go to Payroll.

You can also deduct any insurance premiums you pay for an employee for a sickness, an accident, a disability, or an income insurance plan.

You can deduct the wages that you paid to your child, as long as you meet all of these conditions:

• you pay the salary;
• the work that your child does is necessary for earning fishing income;
• the salary is reasonable when you consider your child's age and the amount you pay is what you would pay someone else.

Keep documents to support the salary you pay your child. If you pay your child by cheque, keep the cancelled cheque. If you pay cash, have the child sign a receipt.

Instead of cash, you may pay your child with a product from your business. When you do this, claim the value of the product as an expense and add to your gross sales an amount equal to the value of the product. Your child has to include the value of the product in his or her income.

You can also deduct the salary you pay to your spouse or common-law partner. When you pay your spouse or common law partner a salary, use the same rules that apply to paying your child.

Report the salaries you pay to your children and spouse or common-law partner on T4 slips, the same as you would for other employees. However, you cannot claim as an expense the value of board and lodging you provide to your dependent children and spouse or common law partner.

For more information, see Guide RC4120, Filing the T4 Slip and Summary.

Line 8963 — Repairs

Fishing boat

Enter the total amount you paid for the general repairs you needed to keep your fishing boat seaworthy.

The structural improvements and additions you make to your fishing boat are capital expenditures. You have to add these expenditures to the cost of the boat. This will affect your CCA claim on the boat. For details on CCA, see Chapter 4.

If you need more details about capital expenditures, see Interpretation Bulletin IT-128, Capital Cost Allowance — Depreciable Property.

Engine

Enter the total amount you paid for all general engine repairs. You can also deduct the cost of an overhaul. However, if you replaced an engine, it is a capital expenditure. Therefore, add the expenditure to the cost of the boat. This will affect the CCA on the boat. For more information on CCA, see Chapter 4.

Electrical equipment

Deduct the amount you pay for repairs to a LORAN, sounder, radar, ship-to-shore radio, fish finder, and so on.

Line 9270 — Other expenses

There are expenses you can incur to earn fishing income other than those listed on Form T2121. We cover some of them in the following sections. Enter on this line the total of other expenses you incurred to earn income, as long as you did not include them on a previous line. You have to list these expenses on the form.

Disability-related modifications

You can deduct outlays and expenses you incur for eligible disability-related modifications made to a building in the year you paid them, instead of having to add them to the capital cost of your building. Eligible disability-related modifications including changes that you make to accommodate wheelchairs. For more information, see Guide T4002, Business and Professional Income.

Payment in kind

If you made a payment in kind for a fishing business expense, include the fair market value of the good or service in income. Deduct the same amounts as an expense.

Leasing costs

Deduct the lease payments you incurred in the year for property used in your business. If you lease a passenger vehicle, see Line 9281 — Motor vehicle expenses.

If you entered a lease agreement after April 26, 1989, you can choose to treat your lease payments as combined payments of principal and interest. However, you and the person you are leasing from have to agree to treat the payments this way. In this case, we consider that you:

• bought the property rather than leased it; and
• borrowed an amount equal to the fair market value (FMV) of the leased property.

You can deduct the interest part of the payment as an expense. You can also claim CCA on the property.

You can make this choice as long as the property qualifies and the total FMV of all the property that is subject to the lease is more than $25,000. For example, a fishing boat you leased with an FMV of $35,000 qualifies. However, office furniture and vehicles often do not qualify.

To treat your lease this way, file one of these forms with your income tax return for the year you make the lease agreement:

• T2145, Election in Respect of the Leasing of Property; or
• T2146, Election in Respect of Assigned Leases or Subleased Property.

Advertising

Deduct the cost of advertising done for your fishing business.

Telephone expenses

Do not deduct the basic monthly rate of your home telephone. However, you can deduct any long-distance telephone calls you made on your home telephone for fishing business.

If you have a separate telephone to use in your fishing business and you used it for business calls only, you can deduct its basic monthly rate.

Computer and other equipment leasing costs

If you lease computers, cellular telephones, fax machines, and other equipment, you can deduct the percentage of the lease costs that reasonably relates to earning your fishing income. You can also deduct the percentage of air-time expenses for a cellular telephone that reasonably relates to earning your fishing income.

If you buy a computer, cellular telephone, fax machine, or other such equipment, you cannot deduct the cost. You can deduct CCA and interest you paid on money you borrowed to buy this equipment that reasonably relates to earning your fishing income. For more information on CCA, see Chapter 4.

Freight and trucking

Deduct the expenses you incurred for delivery, shipping, trucking, or other distribution costs related to your fishing business.

Premiums to a private health services plan

You can deduct premiums paid to a private health service plan (PHSP) if you meet the following conditions:

• your net income from self-employment (excluding losses and PHSP deductions) for the current or previous year is more than 50% of your total income*, or your income from sources other than self-employment** is $10,000 or less, for the current or previous year;
• you are actively engaged in your fishing business on a regular and continuous basis, individually or as a partner; and
• the premiums are paid to insure yourself, your spouse or common-law partner, or any member of your household.

* For the purposes of this claim, calculate your total income as follows:

• the amount from line 150 of your 2010 or 2011 income tax return, whichever applies, before you deduct any amounts for PHSPs; minus
• the amount you entered on lines 207, 212, 217, 221, 229, 231, and 232 on your 2010 or 2011 income tax return, whichever applies.

** For the purposes of this claim, calculate your income from sources other than self-employment as follows:

• the amount from line 150 of your 2010 or 2011 income tax return, whichever applies, before you deduct any amounts for PHSPs; minus
• the amount you entered on lines 135, 137, 139, 141, 143 (excluding business losses which reduced the net amount reported on those lines), 207, 212, 217, 221, 229, 231, and 232 on your 2010 or 2011 income tax return, whichever applies.

You cannot claim a deduction for PHSP premiums if another person deducted the amount, or if you or anyone else claimed the premiums as a medical expense. For your premiums to be deductible, your PHSP coverage has to be paid under a contract with one of the following:

• an insurance company;
• a trust company;
• a person or partnership in the business of administering PHSPs;
• a tax-exempt trade union of which you or the majority of your employees are members; or
• a tax-exempt business organization or a tax-exempt professional organization of which you are a member.

For more information on PHSPs, see Interpretation Bulletin IT-339, Meaning of Private Health Services Plan (1988 and subsequent taxation years).

To calculate the deductible premiums, you must understand the following terms:

• Qualified employees are arm's length, full-time employees who have three months service since they last became employed with a business carried on by you, with a business in which you are a majority interest partner, or with a business carried on by a corporation affiliated with you. Temporary or seasonal workers are not qualified employees.
• Arm's length employees are generally employees who are not related to you and who are not carrying on business with you, for example, as your partners.
• Insurable persons are people to whom coverage is extended and who are:
  • qualified employees;
  • people who would be qualified employees if they had worked for you for three months; or
  • people carrying on your business (including yourself and your partners).

How to calculate your maximum deduction for PHSPs

The following sections explain how to calculate your maximum PHSP deduction based on whether you had employees and whether you insured them throughout the year or part of the year. Find the section that describes your situation.

If you did not have any employees throughout 2011

Your PHSP deduction is restricted by a dollar limit on an annual basis. The limit is a maximum of:

• $1,500 for yourself;
• $1,500 for your spouse or common-law partner and household members who were 18 years of age or older at the start of the period when they were insured; and
• $750 for household members under the age of 18 at the start of the period.

The maximum deduction is also limited by the number of days the person was insured. Calculate your allowable maximum for the year by using the following formula:

(A ÷ 365) × (B + C), where:

A	is the number of days during the period of the year when you insured yourself and household members, if applicable, but insured less than 50% of your employees;
B	equals $1,500 × the number of household members 18 and over insured during that period; and
C	equals $750 × the number of household members under the age of 18 insured during that period.

If you had employees throughout 2011

If you had at least one qualified employee throughout all of 2011 and at least 50% of the insurable persons in your business were qualified employees, your claim for PHSP premiums is limited in a different way. Your limit is based on the lowest cost of equivalent coverage for each of your qualified employees.

Use the following steps to calculate your maximum allowable claim for the PHSP premiums paid for yourself, your spouse or common-law partner, and your household members.

For each of your qualified employees, calculate the following:

X × Y = Z, where:

X	equals the amount you would pay to provide yourself, your spouse or common-law partner, and your household members with coverage equivalent to that provided to a particular employee, his or her spouse or common-law partner, and household members;
Y	equals the percentage of the premium you pay for that particular employee; and
Z	equals your limit based on that particular employee.

Example
You have one qualified employee. To provide yourself with coverage equivalent to his, you pay a premium of $1,800. You pay 60% of your employee's premium. Your deduction limit for yourself is $1,080, calculated as follows:

$1,800 (amount X) × 60% (amount Y) = $1,080 (amount Z).

The maximum you can claim is $1,080 if you had only one qualified employee.

If you had more than one qualified employee, you have to do the X × Y = Z calculation for each employee. Your limit is then the least amount you calculate for each employee.

Note
If you have a qualified employee with no coverage, you cannot claim your PHSP premiums as a deduction from self-employment income. However, you may be able to claim them as medical expenses.

If you had employees throughout 2011, but the number of arm's length employees you insured was less than 50% of all the insurable persons in your business, your maximum allowable deduction is the lesser of the following two amounts:

Amount 1

Determine this amount by using the following formula:

(A ÷ 365) × (B + C), where:

A	is the number of days during the period of the year when you insured yourself and household members, if applicable, but insured less than 50% of your employees;
B	equals $1,500 × the number of household members 18 years of age or older insured during that period; and
C	equals $750 × the number of household members under the age of 18 insured during that period.

Amount 2

If you had at least one qualified employee, amount 2 is the lowest cost of equivalent coverage for each qualified employee, calculated by using the X × Y = Z formula. If you did not have at least one qualified employee, the limit in amount 1 will apply.

If you had employees for part of the year

For the part of the year when you had at least one qualified employee and your insurable arm's length employees represented at least 50% of all the insurable persons in your business, calculate your limit for that period the same way as in the previous section If you had employees throughout 2011.

For the remainder of the year when you had no employees or when your insurable arm's length employees represented less than 50% of all of the insurable persons in your business, your deduction limit for that remaining period is the lesser of Amount 1 and Amount 2, calculated using the X × Y = Z formula.

Undeducted premiums

If you deduct only a part of your PHSP premium at line 9270, and you paid the premium in the year, you can include the undeducted balance in the calculation of your non-refundable medical expense tax credit. For information, see "Line 330" in the General Income Tax and Benefit Guide.

Line 9935 — Allowance on eligible capital property

We explain how to determine this allowance in Chapter 5.

Line 9936 — Capital cost allowance (CCA)

Enter the total amount of CCA you calculate on all the eligible assets you used in your fishing operation. To calculate your CCA claim, use the charts of Form T2121. For information on how to complete these charts, see Chapter 4.

Line 9369 — Net income (loss) before adjustments

Enter on this line the gross income minus the deductible fishing expenses. If you are a partner in a partnership, this amount is the net fishing income of all partners. If you have a loss, enter the amount in brackets.

Your net income (loss)

On line c, enter your share of line 9369. This is the amount left after you subtract the amounts the other partners are responsible for reporting as specified in the partnership agreement.

Line 9974 - GST/HST rebate for partners received in the year

If you received a GST/HST rebate for partners, report the amount of the rebate that relates to eligible expenses other than CCA on line 9974 of Form T2121 in the year you receive it.

Enter the total of line d and line 9974 on line e.

In the chart, “Details of other partners” of Form T2121, show the full names and addresses of the other partners, as well as a breakdown of their shares of the net income or loss from line 9369 and their percentage of ownership shares in the partnership.

Line 9943 — Other amounts deductible from your share of net partnership income (loss)

If you are a partner in a business partnership and you incur motor vehicle expenses for the business through the use of your personal vehicle, you may claim those expenses related to the business on this line. These expenses must not have been claimed anywhere else on the form.

Claim this amount only if the partnership did not repay you for these expenses. The limits discussed earlier in this chapter also apply to these expenses.

Complete the chart “Other amounts deductible from your share of net partnership income (loss)” of Form T2121 to list the other amounts you can deduct from your share of the partnership’s net income or loss.

Line 9945 — Business-use-of-home expenses

You can deduct expenses for the fishing business use of a workspace in your home, if you meet one of the following conditions:

• it is your principal place of business; or
• you use the space only to earn your fishing business income, and you use it on a regular and ongoing basis to meet your clients or customers.

You can deduct part of your maintenance costs, such as heating, home insurance, electricity, and cleaning materials. You can also deduct part of your property taxes, mortgage interest, and CCA. To calculate the part that  you can deduct, use a reasonable basis, such as the area of the workspace divided by the total area.

If you use part of your home for both your business and personal living, calculate how many hours in the day you use the rooms for your business, and then divide that amount by 24 hours. Multiply the result by the business part of your total home expenses. This will give you the household cost you can deduct.

If you run the business for only part of the week or year, reduce your claim accordingly.

For more information, see Interpretation Bulletin 514, Work Space in Home Expenses.

The capital gain and recapture rules will apply if you deduct CCA on the business-use part of your home and you later sell your home. For more information about these rules, see Chapter 4. For more information on capital gains, see Guide T4037, Capital Gains.

If you rent your home, you can deduct the part of the rent and any expenses that you incur that relate to the workspace.

The amount that you can deduct for business-use-of-home expenses cannot be more than your net income from the fishing business before you deduct these expenses. That is, you cannot use these expenses to increase or create a business loss.

You can deduct the lesser of the following amounts:

• any amount you carry forward from your 2010, plus the business-use-of-home expenses you incur in 2011; or
• the amount on line e of Form T2121.

In your next fiscal period, you can use any expense that you could not deduct in 2011, as long as you meet one of the previous two conditions. You also use the same rules.

You can use the chart "Calculation of business-use-of-home expenses" of Form T2121 to calculate your allowable claim for business use of home expenses Enter on line 9945 your share of the amount on line 3 in the chart. The expenses you claim on line 9945 must not be claimed elsewhere on Form T2121.

Line 9946 — Your net income (loss)

Enter your net fishing income or loss on this line and on line 143 of your income tax return. If you have a loss, enter the amount in brackets.

Note
You may have to adjust the figure from line 9946 before entering it on your income tax return. You may have filed Form T1139, Reconciliation of 2010 Business Income for Tax Purposes, with your 2010 income tax return. If so, you may have to complete the same form for 2011. To find out if you have to file Form T1139, and calculate the amount of fishing income to report on your 2011 income tax return, see Guide RC4015, Reconciliation of Business Income for Tax Purposes. The guide includes Form T1139.

Details of other partners (chart on Form T2121)

If you are a partner in a partnership that does not have to file a partnership information return (see Chapter 1 for these requirements), complete the chart “Details of other partners,” on Form T2121. If you are a partner in a partnership that does have to file a partnership information return, you do not need to complete this chart.

Details of equity (chart on Form T2121)

If you are a partner in a partnership that has to file a partnership information return, do not complete this section.

Line 9931 — Total business liabilities

A liability is a debt or obligation of a business. "Total business liabilities" are the total of all amounts that your fishing business owes at the end of its fiscal period. Total business liabilities include:

• accounts payable;
• notes payable;
• income taxes and taxes payable;
• unpaid salaries, wages, and benefits;
• interest payable;
• deferred or unearned revenues;
• loans payable;
• mortgages payable; and
• any other outstanding balance related to the business.

Line 9932 — Drawings in 2011

A drawing is any withdrawal of cash (including salaries), other assets, or services of a business by the proprietor or partners. This includes transactions by the proprietor or partners (or family members), such as withdrawing cash for non-business use, and using business assets and services for personal use. Include the cost or value of personal use of business assets or services in your drawings for the year.

Line 9933 — Capital contributions in 2011

A capital contribution is cash or other assets you added to the fishing business during its fiscal period. This includes personal funds you added to the business account, business debts you paid with personal funds, and personal assets you transferred to the business.

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Chapter 4 — Capital cost allowance (CCA)

What is CCA?

You might acquire a depreciable property, such as a boat, furniture, or equipment, to use in your fishing activities. You cannot deduct the cost of the property when you calculate your net fishing income for the year.

However, since these properties wear out or become obsolete over time, you can deduct their cost over a period of several years. The deduction for this is called capital cost allowance (CCA).

You can usually claim CCA on a property only when it becomes available for use.

Available for-use rules

Property other than a building usually becomes available for use on the earlier of:

• the date you first use it to earn income;
• the second tax year after the year in which you acquire the property;
• the time just before you dispose of the property; or
• the time the property is delivered or made available to you and is capable of producing a saleable product or service.

In the case of a vessel, available for use means the date when all permits, certificates, or licences needed by law are obtained.

Example
If you buy an electric motor for your fishing boat and the seller delivers it to you in your 2011 fiscal period, but it was not in working order until your 2012 fiscal period, you cannot claim CCA on it until 2012. However, if you buy an electric motor and the seller delivers it to you in working order in your 2011 fiscal period, but you did not use it until your 2012 fiscal period, you can still claim CCA in 2011 because it was available for use.

A building, or part of a building, usually becomes available for use on whichever is earlier:

• the date you start using 90% or more of the building in your business;
• the second tax year after the year you acquire the building; or
• the time just before you dispose of the building.

A building that you are constructing, renovating, or altering usually becomes available for use on whichever is earlier:

• the date you complete the construction, renovation, or alteration;
• the date you start using 90% or more of the building in your business;
• the second tax year after the year you acquire the building; or
• the time just before you dispose of the building.

How much CCA you can claim

The CCA you can claim depends on the type of property you own, and the date you acquired it. You group the depreciable property you own into classes. A specific rate of CCA generally applies to each class.

We explain the most common classes of property in Classes of depreciable property. We list most of the classes and their rates in the chart Capital cost allowance (CCA) rates.

Base your CCA claim on your fiscal period ending in 2011, and not the calendar year.

Basic information about CCA:

• To decide whether an amount is a current expense or a capital expense, see the chart in “Chapter 3 – Expenses.”
• Generally, use the declining balance method to calculate your CCA. This means that you claim CCA on the capital cost of the property minus the CCA you claimed in previous years, if any. The remaining balance declines over the years as you claim CCA.

Example
Last year Alfie bought a building for $60,000 to use in his fishing operation. On his income tax return for last year, he claimed CCA of $1,200 on the building. This year, Alfie bases his CCA claim on his balance of $58,800 ($60,000 - $1,200).

• You do not have to claim the maximum amount of CCA in any given year. You can claim any amount you like, from zero to the maximum allowed for the year. For example, if you do not have to pay income tax for the year, you may not want to claim CCA. Claiming CCA reduces the balance of the class by the amount of CCA claimed. As a result the available CCA for future years will be reduced.
• In the year that you acquire a depreciable property, you can usually claim CCA only on one-half of your net additions to a class. We explain this half-year rule in Column 6 — Adjustment for current-year additions. The available-for-use rules may also affect the amount of CCA that you can claim.
• You cannot claim CCA on most land or on living things such as trees, shrubs, or animals. However, you can claim CCA on timber limits, cutting rights, and wood assets. For more information, see Interpretation Bulletins IT-481, Timber Resource Property and Timber Limits, and IT-501, Capital Cost Allowance — Logging Assets, and its Special Release.
• If you claim CCA and you later dispose of the property, you may have to add an amount to your income as a recapture of CCA. Alternatively, you may be able to deduct an additional amount from your income as a terminal loss. For more information, see Column 5 — UCC after additions and dispositions.
• If you are a partner in a partnership that gives you a T5013 slip, Statement of Partnership Income, or T5013A slip, Statement of Partnership Income for Tax Shelters and Renounced Resource Expenses, you cannot personally claim CCA for property owned by the partnership. The T5013 or T5013A slip that you receive will have already allocated to you a share of the partnership's CCA on the depreciable fishing property.

You were asking?

Q.	How do I calculate my CCA claim if I start a fishing business and my first fiscal period is from June 1, 2011, to December 31, 2011?
A.	Since your fiscal period is less than 365 days, you have to prorate your CCA claim. Calculate your CCA using the rules we discuss in this chapter. However, base your CCA claim on the number of days in your fiscal period compared to 365 days. In this case, your fiscal period is 214 days. Suppose you calculate your CCA to be $3,500. The amount of CCA you can claim is $2,052 ($3,500 × 214/365).

For more information, see Interpretation Bulletin IT-285, Capital Cost Allowance - General Comments.

How to calculate your CCA

To calculate your 2011 deduction for CCA, and any recaptured CCA and terminal losses, use Area A of your Form T2121.

You may have acquired or disposed of buildings or equipment during the fiscal period. If so, complete areas B, C, D, or E before completing Area A.

Note
Even if you are not claiming a deduction for CCA for 2011, complete the appropriate areas of the form to show any additions or disposals during the year.

Column 1 — Class number

Enter the class numbers of your properties in this column. If this is the first year you are claiming CCA, see Column 3 — Cost of additions in the year before completing column 1. If you claimed CCA last year, you can get the class numbers of your properties from last year's form.

We discuss the more common types of depreciable properties in Classes of depreciable property, and we list most of the classes and their rates in the chart Capital cost allowance (CCA) rates.

Column 2 — Undepreciated capital cost (UCC) at the start of the year

If this is the first year that you are claiming CCA, skip this column. Otherwise, enter in this column the UCC for each class at the end of last year. Enter these amounts from column 10 of your 2010 form.

From your UCC at the start of 2011, subtract any investment tax credit (ITC) you claimed or were refunded in 2010. Also subtract any 2010 ITC you carried back to a year before 2010.

You may have received a GST/HST input tax credit in 2010 for a passenger vehicle that you used less than 90% of the time in your fishing business. In this case, subtract the amount of the credit you received from your 2011 opening UCC. See Grants, subsidies, and rebates.

Note
In 2011, you may be claiming, carrying back, or getting a refund of an ITC. If you still have depreciable property in the class, you have to adjust, in 2012, the UCC of the class to which the property belongs. To do this, subtract the amount of the ITC from the UCC at the start of 2012. When there is no property left in the class, report the amount of the ITC as income in 2012.

Column 3 — Cost of additions in the year

If you acquire or make improvements to depreciable property in the year, we consider them to be additions to the class in which the property belongs. You should:

• complete Area B and Area C of Form T2121 as explained below; and
• enter in column 3 of Area A for each class the figure from column 5 of each class in Area B and Area C.

If a chart asks for the personal part of a property, this refers to the part that you use personally, separate from the part you use for your fishing business. For example, if you use 25% of the building you live in for your fishing business, your personal part is the remaining 75%.

Do not include the value of your labour in the cost of a property that you build or improve. Include the cost of surveying or valuing a property you acquire. Remember that a property usually has to be available for use before you can claim CCA.

If you received insurance proceeds to reimburse you for the loss or destruction of depreciable property, enter the amount you spent to replace the property in column 3 of Area A, and also in Area B or C, whichever applies. Include the amount of insurance proceeds considered as proceeds of disposition in column 4 of Area A and also in Area D or E, whichever applies.

If you replace lost or destroyed property, special rules for replacement property may apply. The replacement property must be acquired within two years of the end of the taxation year in which it was lost or destroyed. For more information, see interpretation bulletins IT-259, Exchanges of Property, and IT-491, Former Business Property, and its Special Release.

To find out if any of these special situations apply, see Special situations.

Area B — Details of equipment additions in the year

List the details of all equipment (including motor vehicles) you acquired or improved in 2011. Group the equipment into the applicable classes and put each class on a separate line.

Equipment includes machinery, motor vehicles and all material you acquire to use in your fishing business to earn income.

Enter on line 9925 the total business part of the cost of the equipment.

Area C — Details of building additions in the year

List the details of all buildings you acquired or improved in 2011. Group the buildings into the applicable classes and put each class on a separate line.

Enter on line 9927 the total business part of the cost of the buildings. The cost includes the purchase price of the building, plus any related expenses that you should add to the capital cost of the building such as legal fees, land transfer taxes, and mortgage fees.

Land

Generally, land is not depreciable property. Therefore, you cannot claim CCA on its cost. If you acquire a property that includes both land and a building, enter in column 3 of Area C only the cost that relates to the building. To calculate the building's capital cost, you have to split any fees that relate to buying the property between the land and the building. Related fees may include legal and accounting fees.

Calculate the part of the related fees you can include in the capital cost of the building as follows:

building value ÷ total purchase price	×	legal, accounting, or other fees	=	the part of the fees you can include in the building's cost

You do not have to split a fee if it relates specifically to the land or the building. In this case, you would add the amount of the fee to the cost to which it relates; either the land or the building.

Area F — Details of land additions and dispositions in the year

Enter the total cost of acquiring land in 2011 on line 9923. The cost includes the purchase price of the land plus any related expenses that you should add to the capital cost of the land, such as legal fees, land transfer taxes, and mortgage fees.

You cannot claim CCA on land. Do not enter this amount in column 3 of Area A.

Column 4 — Proceeds of dispositions in the year

Enter the details of your 2011 dispositions on your Form T2121 as explained below.

If you disposed of a depreciable property during the 2011 fiscal period, enter in column 3 of the appropriate dispositions area (Area D or Area E) one of the following amounts:

• your proceeds of disposition, minus any related expenses; or
• the capital cost of the property.

Note
If a chart asks for the personal part of a property, this refers to the part that you use personally, separate from the part you use for business. For example, if you use 25% of the building you live in for business, your personal part is the other 75%.

Copy the numbers from column 5 for each class in Area D and Area E to column 4 for each class.

If you received insurance proceeds to reimburse you for the loss or destruction of depreciable property, enter the amount you spent to replace the property in column 4 of Area A, and in Area B or C, whichever applies. Include the amount of insurance proceeds as deemed proceeds of disposition in column 4 of Area A and also in Area D Special rules for disposing of a building in the year or E, whichever applies. This could include compensation you received for property that someone destroys, expropriates, steals, or damages. If you sell a property for more than it cost, you will have a capital gain. You may be able to postpone or defer adding a capital gain or recapture of CCA to income. For more information, see Capital gains, and Replacement property.

If you replaced a lost or destroyed property within a year of the loss, special rules for replacement property may apply. See Interpretation Bulletins IT-259, Exchanges of Property, and IT-491, Former Business Property, and its Special Release.

For more information about the proceeds of disposition, see Interpretation Bulletin IT-220, Capital Cost Allowance — Proceeds of Disposition of Depreciable Property, and its Special Release and Interpretation Bulletin IT-285, Capital Cost Allowance – General Comments.

Area D — Details of equipment dispositions in the year

List in this chart the details of all equipment (including motor vehicles) you disposed of in your 2011 fiscal period. Group the equipment into the applicable classes and put each class on a separate line. Enter on line 9926 the total business part of the proceeds of disposition of the equipment.

Area E — Details of building dispositions in the year

List in this chart the details of all buildings you disposed of in your 2011 fiscal period. Group the buildings into the applicable classes and put each class on a separate line. Enter on line 9928 the total business part of the proceeds of disposition of the buildings.

Area F — Details of land additions and dispositions in the year

Enter on line 9924 the total of all amounts you received or will receive for disposing of land in the fiscal period.

Column 5 — UCC after additions and dispositions

You cannot claim CCA when the amount in column 5 is:

• negative (see Recapture of CCA); or
• positive and you do not have any property left in that class at the end of your 2011 fiscal period (see Terminal loss).

In either case, enter "0" in column 10.

Recapture of CCA

If the amount in column 5 is negative, you have a recapture of CCA. Enter your recapture on line 9600, "Other income" of Form T2121. A recapture of CCA can happen if the proceeds from the sale of depreciable property are more than the total of:

• the UCC of the class at the start of the period; and
• the capital cost of any new additions during the period.

A recapture of CCA can also occur, for example, when you get a government grant or claim an investment tax credit.

In some cases, you may be able to postpone a recapture of CCA. For example, you may sell a property and replace it with a similar one, someone may expropriate your property, or you may transfer property to a corporation, a partnership or your child.

Terminal loss

If the amount in column 5 is positive and you no longer own any property in that class, you may have a terminal loss. More precisely, you may have a terminal loss when, at the end of a fiscal period, you have no more property in the class but still have an amount which you have not deducted as CCA. You can usually subtract this terminal loss from your gross fishing income in the year that you disposed of the depreciable property. Enter your terminal loss on line 9270, "Other expenses."

For more information on recapture of CCA and terminal loss, see Interpretation Bulletin IT-478, Capital Cost Allowance — Recapture and Terminal Loss.

Note
The rules for recapture of CCA and terminal loss do not apply to passenger vehicles in Class 10.1. To calculate your CCA claim, see Column 7 — Base amount for CCA.

Column 6 — Adjustment for current-year additions

In the year you acquire or make additions to a property, you can usually claim CCA on one-half of your net additions (the amount in column 3 minus the amount in column 4). We call this the half-year rule.

Calculate your CCA claim only on the net adjusted amount. Do not reduce the cost of the additions in column 3, or the CCA rate in column 8. For example, if you acquired a property in your 2011 fiscal period for $30,000, you would base your CCA claim on $15,000 ($30,000 × 50%).

If you acquired and disposed of depreciable property of the same class in your 2011 fiscal period, the calculation in column 6 restricts your CCA claim. Calculate the CCA you can claim as follows:

• Determine which of the following amounts is less:
  • the proceeds of disposition of the property sold, minus any related costs or expenses; or
  • the capital cost.
• Subtract the above amount from the capital cost of your addition.
• Enter 50% of the result in column 6. If the result is negative, enter "0".

In some cases, you do not make an adjustment in column 6. For example, in a non-arm's length transaction, you may buy depreciable property that the seller continuously owned from the day that is at least 364 days before the end of your 2011 fiscal period to the day the property was purchased. However, if you transfer personal property such as a car or personal computer, into your business, the half-year rule applies to the particular property transferred.

Also, some properties are not subject to the half-year rule. Some examples are those in Classes 13, 14, 23, 24, 27, 34, and 52, as well as some of those in Class 12, such as small tools.The half-year rule does not apply when the available-for-use rules denies a CCA claim until the second tax year after the year you acquire the property.

For more information on the special rules that apply to Class 13, see Interpretation Bulletin IT-464, Capital Cost Allowance - Leasehold Interests, and for more information on the half-year rule, see Interpretation Bulletin IT-285, Capital Cost Allowance — General Comments.

Column 7 — Base amount for CCA

Base your CCA claim on this amount.

For a Class 10.1 vehicle you disposed of in your 2011 fiscal period, you may be able to claim 50% of the CCA that would be allowed if you still owned the vehicle at the end of your 2011 fiscal period. This is known as the half-year rule on sale.

You can use the half-year rule on sale if, at the end of your 2010 fiscal period, you owned the Class 10.1 vehicle you disposed of in 2011. If this applies to you, enter 50% of the amount from column 2 in column 7.

Column 8 — Rate (%)

In this column, enter the rate for each class of property in Area A. For more information on certain kinds of property, see Classes of depreciable property. For a list of rates, see Capital cost allowance (CCA) rates.

Column 9 — CCA for the year

In column 9, enter the CCA you choose to deduct for 2011. The CCA you can deduct cannot be more than the amount you get when you multiply the amount in column 7 by the rate in column 8. You can deduct any amount up to the maximum.

If this is your first year of business, you may have to prorate your CCA claim. See You were asking?

Add up all of the amounts in column 9. Enter the total on line 9936, "Capital cost allowance (CCA)," of Form T2121. To find out how to calculate your CCA claim if you are using the property for both business and personal use, see Personal use of property.

Column 10 — UCC at the end of the year 

This is the undepreciated capital cost (UCC) at the end of your 2011 fiscal period. This is the amount you will enter in column 2 when you calculate your CCA claim next year.

Enter "0" in column 10 if you have a terminal loss or a recapture of CCA. There will not be an amount in column 10 for a Class 10.1 passenger vehicle you dispose of in the year.

The example at the end of this chapter sums up CCA.

Classes of depreciable property

In this part we discuss the more common classes of depreciable property. We list most of the classes and their rates in the chart Capital cost allowance (CCA) rates.

Class 1 (4%)

A building may belong to Class 1, 3, or 6, depending on what the building is made of and the date you acquired it. You also include in these classes the parts that make up the building, such as:

• electrical wiring;
• lighting fixtures;
• plumbing;
• sprinkler systems;
• heating equipment;
• air conditioning equipment (other than window units);
• elevators; and
• escalators.

Note
Most land is not depreciable property. Therefore, when you acquire property, only include the cost that relates to the building in Area A and Area C. Enter on line 9923 in Area F, the cost of all land additions in 2011. For more information, see Area F – Details of land additions and dispositions in the year, and Column 3 – Cost of additions in the year. For more information, see Interpretation Bulletin IT-79, Capital Cost Allowance – Buildings or Other Structures.

Class 1 includes most buildings acquired after 1987, unless they specifically belong in another class. Class 1 also includes the cost of certain additions or alterations you made to a Class 1 building or certain buildings of another class after 1987.

The CCA rate for eligible non-residential buildings acquired by a taxpayer after March 18, 2007, used for the manufacturing or processing in Canada, of goods for sale or lease, includes an additional allowance of 6% for a total rate of 10%. The CCA rate for other eligible non-residential buildings includes an additional allowance of 2% for a total rate of 6%.

To be eligible for one of the additional allowances, you must elect to place a building in a separate class. To make the election, attach a letter to your return for the tax year in which you acquired it. If you do not file an election to put it in a separate class, the current rate of 4% will apply.

The additional allowance applies to buildings acquired after March 18, 2007, (including a new building, if any portion of it is acquired after March 18, 2007, where the building was under construction on March 19, 2007), that have not been used or acquired for use before March 19, 2007.

To be eligible for the 6% additional allowance, at least 90% of a building (measured by square footage) must be used for the designated purpose at the end of the tax year. Manufacturing and processing buildings that do not meet the 90% use test will be eligible for the additional 2% allowance if at least 90% of the building is used for non residential purposes at the end of the tax year.

Class 3 (5%)

Most buildings acquired before 1988 were included in Class 3 or Class 6.

If you acquired a building before 1990 that does not fall into Class 6, you can include it in Class 3 with a CCA rate of 5% if one of the following applies:

• you acquired the building under the terms of a written agreement entered into before June 18, 1987; or
• the building was under construction by you, or for you, on June 18, 1987.

Include in Class 3 the cost of any additions or alterations made after 1987 to a Class 3 building that does not exceed the lesser of the following two amounts:

• $500,000; or
• 25% of the building's capital cost (including the cost of additions or alterations to the building included in Class 3, Class 6, or Class 20 before 1988).

Any amount that exceeds the lesser amount above is included in Class 1.

Class 6 (10%)

Include in Class 6, with a CCA rate of 10% a building if it is made of frame, log, stucco on frame, galvanized iron, or corrugated metal. In addition, one of the following conditions has to apply:

• you acquired the building before 1979;
• the building must be used to gain or produce income from farming or fishing; or
• the building must have no footings or other base supports below ground level.

If any of the above conditions applies, you also add the full cost of all additions and alterations to the building to Class 6.

If none of the above conditions applies, include the building in Class 6 if one of the following conditions applies:

• you entered into a written agreement before 1979 to acquire the building, and the footings or other base supports of the building were started before 1979; or
• you started construction of the building before 1979 (or it was started under the terms of a written agreement you entered into before 1979), and the footings or other base supports of the building were started before 1979.

Also include in Class 6, certain greenhouses and fences.

For additions or alterations to such a building:

• Add to Class 6:
  • the first $100,000 of additions or alterations made after 1978.
• Add to Class 3:
  • the part of the cost of all additions or alterations above $100,000 made after 1978 and before 1988; and
  • the part of the cost of additions or alterations above $100,000 made after 1987, but only up to $500,000 or 25% of the cost of the building, whichever is less.
• Add to Class 1 any additions or alterations above these limits.

If you need more information, see Interpretation Bulletin IT-79, Capital Cost Allowance — Buildings or Other Structures.

Class 8 (20%)

Class 8 with a CCA rate of 20% includes certain property that is not included in another class. Examples are furniture, appliances, and tools costing $200 or more ($500 or more under proposed changes), some fixtures, machinery, outdoor advertising signs, refrigeration equipment, and other equipment you use in business.

Photocopiers and electronic communications equipment, such as fax machines and electronic telephone equipment are also included in Class 8.

Note
If this equipment cost $1,000 or more, you can elect to have it included in a separate class. The CCA rate will not change but a separate CCA deduction can now be calculated for a five year period. When all the property in the class is disposed of, the UCC is fully deductible as a terminal loss. Any UCC balance remaining in the separate class at the end of the fifth year has to be transferred back to the general class in which it would otherwise belong. To make an election, attach a letter to your income tax return for the tax year in which you acquired the property.

Include data network infrastructure equipment and systems software for that equipment acquired before March 23, 2004. If acquired after March 22, 2004, include it in Class 46. See Class 46 (30%).

Include buildings that you use to store fresh fruit or vegetables by or for the person or persons by whom they were grown, at a controlled temperature in Class 8 instead of Classes 1, 3, or 6. Also include in Class 8 any buildings that you use to store silage.

Class 10 (30%)

Include in Class 10 with a CCA rate of 30% general purpose electronic data processing equipment (commonly called computer hardware) and systems software for that equipment, including ancillary data processing equipment, if you acquired them before March 23, 2004, or after March 22, 2004, and before 2005, and you made an election.

Also include in Class 10 motor vehicles, automobiles, and some passenger vehicles. We define motor vehicle and passenger vehicle.

Include a passenger vehicle in Class 10 unless it meets a Class 10.1 condition.

Class 10.1 (30%)

Your passenger vehicle can belong to either Class 10 or Class 10.1.

To determine the class to which your passenger vehicle belongs, you have to use the cost of the vehicle before you add GST/HST or PST.

Include your passenger vehicle in Class 10.1 if you bought it in your 2011 fiscal period and it cost more than $30,000. List each Class 10.1 vehicle separately.

We consider the capital cost of a Class 10.1 vehicle to be $30,000 plus the related GST/HST or PST. The $30,000 amount is the capital cost limit for a passenger vehicle.

Note
Use the GST rate of 5% and the appropriate PST rate for your province or territory. If your province is a participating province, use HST. For more information on GST and HST, see Guide RC4022, General Information for GST/HST Registrants.

Class 12 (100%)

Under proposed changes, the cost limit for access to the Class 12 (100%) treatment will increase to $500 from $200 for tools acquired on or after May 2, 2006.

Class 12 includes small tools that cost less than $500. Most small tools in Class 12 are not subject to the 50% rule. They are fully deductible in the year of purchase. If the tool costs $500 or more, include it in Class 8 with a CCA rate of 20%.

Class 12 tools that are subject to the 50% rule include dies, jigs, patterns, moulds or lasts, and the cutting or shaping part of a machine. See Interpretation Bulletin IT-285, Capital Cost Allowance - General Comments.

Include in Class 12 with a CCA rate of 100% computer software that is not systems software. Software in Class 12 is subject to the half-year rule.

Class 45 (45%)

Include general-purpose electronic data processing equipment (commonly called computer hardware) and systems software for that equipment, including ancillary data processing equipment, in Class 45 with a CCA rate of 45% if you acquired them after March 22, 2004, and before March 19, 2007.

Note
If you acquired the equipment or software before 2005 and made the separate Class 8 election, as discussed in the Class 8 note, the property does not qualify for the 45% rate.

Class 46 (30%)

Include in Class 46 with a CCA rate of 30% data network infrastructure equipment and systems software for that equipment if acquired after March 22, 2004. If acquired before March 23, 2004, include it in Class 8. See Class 8 (20%).

Class 50 (55%)

Include in Class 50 with a CCA rate of 55% property acquired after March 18, 2007, that is general-purpose electronic data processing equipment and systems software for that equipment, including ancillary data processing equipment, but not including property that is included in Class 52 or that is principally or is used principally as:

a) electronic process control or monitor equipment;
b) electronic communications control equipment;
c) systems software for equipment referred to in a) or b); or
d) data handling equipment (other than data handling equipment that is ancillary to general purpose electronic data processing equipment).

Class 52 (100%)

Include in Class 52 with a CCA rate of 100% (with no half-year rule) general-purpose electronic data processing equipment (commonly called computer hardware) and systems software for that equipment, including ancillary data processing equipment if acquired after January 27, 2009, and before February 2011, but not including property that is principally or is used principally as:

a) electronic process control or monitor equipment;
b) electronic communications control equipment;
c) systems software for equipment referred to in a) or b); or
d) data handling equipment (other than equipment that is ancillary to general-purpose electronic data processing equipment).

To qualify for this rate the asset must also:

• be situated in Canada;
• not have been used, or acquired for use, for any purpose before it is acquired by the taxpayer;
• be acquired by the taxpayer:
  • for use in a business carried on by the taxpayer in Canada or for the purposes of earning income from property situated in Canada; or
  • for lease by the taxpayer to a lessee for use by the lessee in a business carried on by the lessee in Canada or for the purpose of earning income from property situated in Canada.

Special rates for certain boats

In most cases, a fishing boat belongs to Class 7. Therefore, you can claim CCA at a maximum rate of 15%. However, there are some exceptions to this rule.

A fishing boat, or the cost to convert it, is eligible for a special rate of CCA as follows:

• If you bought the boat between November 13, 1981, and December 31, 1982, you can claim CCA at a yearly rate of 33 1/3%. You can do this only in certain cases.
• If you bought the boat after December 31, 1982, you can claim CCA at a rate of 16 2/3% for the year you bought the boat. You can claim 33 1/3% for the years after you bought the boat.

You can claim this special rate on the following:

• a boat that was built and registered in Canada and was not used for any purpose before you bought it;
• the cost to convert or alter a boat in Canada; and
• a boat, or the cost to convert it, established as a separate prescribed class under the now-repealed Canadian Vessel Construction Assistance Act.

Special situations

Personal use of property

If you buy property for both business and personal use, you can show the business part of the property in Area B or C in one of two ways:

• If your business use stays the same from year to year, enter in Area B or Area C the total cost of the property in column 3, the personal part in column 4, and the business portion  in column 5. To calculate the CCA you can claim, enter in column 3 of Area A the amount from column 5 of Area B or Area C.
• If your business use changes from year to year, enter in Area B or Area C the total cost of the property in column 3 and column 5, and enter "0" in column 4. Enter in column 3 of Area A the amount from column 5 of Area B or Area C and calculate the CCA amount (business and personal) in column 9. The amount in column 10 (UCC at the end of the year) is equal to the amount in column 5 minus the amount in column 9. When you claim CCA, you have to calculate the allowable part of the column 9 amount based on your business use.

The CCA calculated for the business use of a work space in your home in Area A of Form T2121 must be reported on the chart "Calculation of business-use-of-home expenses," of the form. This CCA must be subtracted from the total amount of the CCA for the year calculated in Area A and must not be included on line 9936, "Capital cost allowance (CCA)," of the form.

Note
The capital cost limits on a Class 10.1 vehicle (a passenger vehicle) still apply when you split the capital cost between business and personal use. For more information, see Class 10.1 (30%).

Changing from personal to business use

If you bought a property for personal use and started using it in your fishing business in your 2011 fiscal period, there is a change in use. You need to determine the capital cost for business purposes.

If the fair market value (FMV) of a depreciable property is less than its original cost when you change its use, the amount you put in column 3 of Area B or C, is the FMV of the property (excluding the land value if the property is land and a building). If the FMV is more than the original cost of the property (excluding the land value if the property is land and a building) when you change its use, use the following chart to determine the amount to enter in column 3 of Area B or Area C.

When you start to use your property for fishing business use, you are considered to have disposed of it. If the FMV of the property is greater than its cost, you may have a capital gain. For more information on capital gains, see Chapter 7, or see Guide T4037, Capital Gains.

Capital cost calculation

Actual cost of the property				$		1
FMV of the property	$		2
Amount on line 1	$		3
Line 2 minus line 3 (if negative, enter "0")	$		4
Enter any capital gains deduction claimed for the amount on line 4* $           × 2 =	$		5
Line 4 minus line 5 (if negative, enter "0")	$		× 1/2 =	$		6
Capital cost Line 1 plus line 6				$		7
* Enter the amount that relates to the depreciable property only.

Note
We consider you to have acquired the land for an amount equal to its FMV when you change its use. Include this amount on line 9923, "Total cost of all land additions in the year," in Area F.

Grants, subsidies, and rebates

You may get a grant, subsidy, or rebate from a government or a government agency to buy depreciable property. When this happens, subtract the amount of the grant, subsidy or rebate from the property's capital cost. Do this before you enter the capital cost in column 3 of Area B or C.

If the rebate is more than the remaining undepreciated capital cost in the particular class, add the excess to income at the line “Grants, subsidies, and rebates,” of Form T2121.

You may have paid GST or HST on some of the depreciable property that you acquired for your business. If so, you may have also received an input tax credit from us.

The input tax credit is government assistance. Therefore, subtract it from the property's capital cost. Do this before you enter the capital cost in column 3 of Area B or C, whichever applies. If you receive an input tax credit for a passenger vehicle you use in your business, use one of these methods:

• For a passenger vehicle you used 90% or more for your business, subtract the amount of the credit from the vehicle's cost before you enter its capital cost in column 3 of Area B.
• For a passenger vehicle you used less than 90% of the time for your business, do not make an adjustment in 2011. In 2012, subtract the amount of the credit from your beginning undepreciated capital cost.

You may get an incentive from a non-government agency to buy depreciable property. If this happens, you can either include the amount in income or subtract the amount from the capital cost of the property.

For more information about government assistance, see Interpretation Bulletin IT-273, Government Assistance — General Comments.

Non-arm's length transactions

When you acquire property in a non-arm's length transaction, there are special rules to follow to determine the property's cost. These special rules do not apply if you acquire the property because of someone's death.

You can acquire depreciable property in a non arm’s length transaction from an individual resident in Canada, a partnership with at least one partner who is an individual resident in Canada, or a partnership with at least one partner that is in another partnership. If you pay more for the property than the seller paid for the same property, calculate the capital cost as follows:

Capital cost calculation
Non-arm's length transaction - Resident of Canada

The seller's cost or capital cost				$		1
The seller's proceeds of disposition	$		2
Amount from line 1	$		3
Line 2 minus line 3 (if negative, enter "0")	$		4
Enter any capital gains deduction claimed for the amount on line 4 $           × 2 =	$		5
Line 4 minus line 5 (if negative, enter "0")	$		× 1/2  =	$		6
Capital cost Line 1 plus line 6				$		7
Enter this amount in column 3 of either Area B or Area C, whichever applies. Do not include the cost of the related land. Include the cost of the related land on line 9923, "Total cost of all land additions in the year," in Area F on Form T2121.

You can also buy depreciable property in a non-arm's length transaction from a corporation or from an individual who is not resident in Canada, or a partnership with no partners who are individuals resident in Canada or no partners that are other partnerships. If you pay more for the property than the seller paid for it, calculate the capital cost as follows:

Capital cost calculation
Non-arm's length transaction - Non-resident of Canada

The seller's cost or capital cost				$		1
The seller's proceeds of disposition	$		2
Amount from line 1	$		3
Line 2 minus line 3 (if negative, enter "0")	$		× 1/2  =	$		4
Capital cost Line 1 plus line 4				$		5
Enter this amount in column 3 of either Area B or Area C, whichever applies. Do not include the cost of the related land. Include the cost of the related land on line 9923, "Total cost of all land additions in the year," in Area F on Form T2121.

If you buy depreciable property in a non-arm's length transaction and pay less for it than the seller paid, your capital cost is the same amount as the seller paid. We consider you to have deducted as CCA the difference between what you paid and what the seller paid.

There is a limit on the capital cost of a passenger vehicle you buy in a non-arm's length transaction. The cost is the least of the following three amounts:

• the FMV when you buy it;
• $30,000 plus any GST/HST or  PST, you would pay on $30,000 if you bought it in your 2011 fiscal period; or
• the seller's cost amount of the vehicle when you buy it.

The cost amount can vary, depending on what the seller used the vehicle for before you bought it. If the seller used the vehicle to earn income, the cost amount would be the undepreciated capital cost (UCC) of the vehicle when you buy it. If the seller did not use the vehicle to earn income, the cost amount would usually be the original cost of the vehicle.

For more information on non-arm's length transactions, see Interpretation Bulletin IT-419, Meaning of Arm's Length.

Capital gains

If you sell a property for more than it cost, you may have a capital gain. List the dispositions of all your properties on Schedule 3, Capital Gains (or Losses) in 2011.

You will find a copy of this schedule in your General Income Tax and Benefit Guide package. For information on how to calculate your taxable capital gain, see Guide T4037, Capital Gains.

You may be a partner in a partnership that gives you a T5013 slip, Statement of Partnership Income, or a T5013A slip, Statement of Partnership Income for Tax Shelters and Renounced Resource Expenses. If the partnership has a capital gain, it will allocate part of that gain to you. The gain will show on the partnership’s financial statements or on your T5013 or T5013A slip.

Note
You cannot have a capital loss when you sell depreciable property. However, you may have a terminal loss. For an explanation of terminal losses, see Column 5 – UCC after additions and dispositions.

Special rules for disposing of a building in the year

If you disposed of a building in the year, special rules may apply that make the proceeds of disposition an amount other than the actual proceeds of disposition. This happens when you meet both of the following conditions:

• you disposed of the building for an amount less than both its cost amount, as calculated below, and its capital cost to you; and
• you, or a person with whom you do not deal at arm's length, owned the land that the building is on, or the land next to it, which was necessary for the building's use.

To calculate the cost amount:

• If the building was the only property in the class, the cost amount is the undepreciated capital cost (UCC) of the class before you disposed of the building.
• If more than one property is in the same class, you have to calculate the cost amount of each building as follows:

capital cost of the building ÷ capital cost of all property in the class not previously disposed of	×	UCC of the class	=	cost amount of the building

Note
If any property in the class of the building that was acquired at non-arm's length was previously used for a purpose other than gaining or producing income, or if the part of a property used for gaining or producing income has changed, the capital cost of such property has to be recalculated to determine the cost amount of the property.

For more information about proceeds of disposition, see Interpretation Bulletin IT-220, Capital Cost Allowance – Proceeds of Disposition of Depreciable Property, and its Special Release, and Interpretation Bulletin IT-285, Capital Cost Allowance – General Comments.

If you disposed of a building under these conditions and you or a person with whom you do not deal at arm's length disposed of the land in the same year, calculate your deemed proceeds of disposition as shown in Calculation A.

If you or a person with whom you do not deal at arm's length did not dispose of the land in the same year as the building, calculate your deemed proceeds of disposition as shown in Calculation B.

Calculation A
Land and building sold in the same year

FMV of the building at the time you disposed of it	$		1
FMV of the land just before you disposed of it	$		2
Line 1 plus line 2				$		3
Seller's adjusted cost base of the land	$		4
Total capital gains (without reserves) from any disposition of the land (such as a change in use) in the three-year period before you or a person not dealing at arm's length with you disposed of the building either to you or another person not dealing at arm's length with you	$		5
Line 4 minus line 5 (if negative, enter "0")	$		6
Line 2 or line 6, whichever amount is less				$		7
Line 3 minus line 7 (if negative, enter "0")				$		8
Cost amount of the building just before you disposed of it	$		9
Capital cost of the building just before you disposed of it	$		10
Line 9 or line 10, whichever amount is less	$		11
Line 1 or line 11, whichever amount is more				$		12
Deemed proceeds of disposition of the building
Line 8 or line 12, whichever amount is less (enter this amount in column 3 of Area E, and include it in column 4 of Area A)				$		13
Deemed proceeds of disposition of the land
Proceeds of disposition of the land and building				$		14
Amount from line 13				$		15
Line 14 minus line 15 (include this amount on line 9924 of Area F)				$		16
If you have a terminal loss on the building, include it on line 9270, "Other expenses," of Form T2121.

Calculation B
Land and building sold in different years

Cost amount of the building immediately before you disposed of it	$		1
FMV of the building just before you disposed of it	$		2
Line 1 or line 2, whichever amount is more				$		3
Actual proceeds of disposition, if any				$		4
Line 3 minus line 4				$		5
Line 5 $          × 1/2  =				$		6
Amount from line 4				$		7
Deemed proceeds of disposition for the building
Line 6 plus line 7 (enter this amount in column 3 of Area E and include it in column 4 of Area A)				$		8
If you have a terminal loss on the building, include it on line 9270, "Other expenses," of Form T2121.

Ordinarily, you can deduct the full amount of a terminal loss, but only part of a capital loss. Calculation B ensures that you use the same factor to calculate a terminal loss on a building as you use to calculate a capital loss on land. As a result of this calculation, you add part of the amount on line E to the actual proceeds of disposition from the building. If you have a terminal loss, see Terminal loss.

Replacement property

In a few cases, you can postpone or defer adding a capital gain or recapture of CCA to income. You might sell a business property and replace it with a similar one, or your property might be stolen, destroyed, or expropriated, and you replace it with a similar one. You can defer tax on the sale proceeds that you reinvest in replacement property within a reasonable period of time. To defer reporting the gain or recapture of CCA, you must acquire and you (or a person related to you) must acquire and use the new property for the same or similar purpose as the one that you are replacing.

For more information , see Interpretation Bulletins IT-259, Exchanges of Property, and IT-491, Former Business Property, and its Special Release. You can also defer a capital gain or recapture of CCA when you transfer property to a corporation or a partnership. For more information on transferring property to your child, see Transfer of fishing property to a child.

For information on transfers to a corporation or a partnership, see:

• Information Circular IC76-19, Transfer of Property to a Corporation Under Section 85;
• Interpretation Bulletin IT-291, Transfer of Property to a Corporation Under Subsection 85(1);
• Interpretation Bulletin IT-378,  Winding-up of a Partnership; and
• Interpretation Bulletin IT-413, Election by Members of a Partnership Under Subsection 97(2).

The following example summarizes this chapter on CCA.

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Chapter 5 — Eligible capital expenditures

What is an eligible capital expenditure?

You may buy property that does not physically exist but gives you a lasting economic benefit. Some examples are goodwill, franchises, concessions, or licences for an unlimited period. We call this kind of property eligible capital property. The price you pay to buy this type of property is an eligible capital expenditure.

We consider franchises, concessions, or licences with a limited period to be depreciable properties, not eligible capital properties. For details about depreciable properties, see Chapter 4.

What is an annual allowance?

You cannot fully deduct an eligible capital expenditure because the expenditure is considered to be capital in nature and provides a lasting economic benefit. However, you can deduct part of its cost each year. We call the amount you can deduct your annual allowance.

What is a cumulative eligible capital (CEC) account?

This is the bookkeeping record you establish to determine your annual allowance. You also use your CEC account to keep track of the property that you buy and sell. We call the property in your CEC account your eligible capital property. You base your annual allowance on the balance in your account at the end of your fiscal period. Keep a separate account for each business, but include all eligible capital property for the one business in the same CEC account.

How to calculate your annual allowance

CEC account

Complete the following chart to calculate your annual allowance and the balance in your CEC account at the end of your 2011 fiscal period.

Calculating your annual allowance and CEC account balance at the end of your 2011 fiscal period

Balance in the account at the start of your 2011 fiscal period				$		1
Eligible capital expenditures you made or incurred in your 2011 fiscal period	$		× 75%	$		2
Line 1 plus line 2				$		3
All the amounts you received or are entitled to receive from the sale of eligible capital property in your 2011 fiscal period	$		4
All the amounts that became receivable in your 2011 fiscal period from the sale of eligible capital properties before June 18, 1987	$		5
Line 4 plus line 5	$		6
Line 6 × 75%				$		7
CEC account balance Line 3 minus line 7				$		8
Annual allowance  7% × line 8				$		9
CEC account balance at the end of your 2011 fiscal period Line 8 minus line 9				$		10

Note
An eligible capital expenditure is reduced by the amount of any assistance received or receivable from a government for the expenditure. Also, an amount forgiven (or entitled to be forgiven) on government debt reduces your CEC account. Special conditions may apply to non-arm's length transactions. For more information, see Interpretation Bulletin IT-123, Transactions Involving Eligible Capital Property.

You can deduct an annual allowance if there is a positive balance in your CEC account at the end of your 2011 fiscal period. You do not have to claim the full amount of the annual allowance for a given year. You can deduct any amount you want, up to the maximum allowable of 7%. If your fiscal period is less than 365 days, you have to prorate your claim. Base your claim on the number of days in your fiscal period compared to 365 days.

If there is a negative balance in your CEC account, see Sale of eligible capital property in the 2011 fiscal period. The following is an example of how to calculate the annual allowance and account balance.

Sale of eligible capital property in the 2011 fiscal period

When you sell eligible capital property, you have to subtract part of the proceeds of disposition from your CEC account.

You have to do this calculation if you sold eligible capital property:

• in your 2011 fiscal period; or
• before June 18, 1987, and the proceeds of disposition become due to you in your 2011 fiscal period.

For 2011, the amount you have to subtract is 75% of the total of these amounts:

• the proceeds of disposition of all the eligible capital property you sell in your 2011 fiscal period; and
• the amount of any proceeds that become due to you in your 2011 fiscal period from eligible capital property you sold before June 18, 1987.

There may be a negative amount (excess) in your CEC account after you subtract the required amount. In this case, you will have to include part of the negative amount in your fishing income.

Multiply by 2/3 the part of the negative amount in your CEC account that exceeds the annual allowances deducted. To that result, add whichever is less, the excess or annual allowances deducted. This is the amount to include in your fishing income. The following example shows how to calculate the amount to include in your fishing income.

Election

Under certain conditions, you can elect to treat the disposition of eligible capital property (ECP), (other than goodwill) as a capital gain instead of including it in the chart Calculating your annual allowance and your CEC account balance at the end of your 2011 fiscal period.

If you make the election, the proceeds of disposition on lines 4 and 5 of the chart are considered to be equal to the original cost.

You can then declare a capital gain equal to your actual proceeds of disposition minus the cost of acquisition. Report the details on the "Real Estate, depreciable property, and other properties" line of Schedule 3, Capital Gains (or Losses) in 2011. This election will benefit you if you have unused capital losses to apply against the capital gain.

The election is available if you meet all the following conditions:

• you disposed of an eligible capital property other than goodwill;
• the cost of the eligible capital property can be determined;
• the proceeds of disposition exceed the cost; and
• you do not have an exempt gains balance.

The election may also help if you are eligible to claim a capital gains deduction and you disposed of an ECP that is a qualified fishing property. If you disposed of an ECP that was a qualified fishing property, any deemed gain reported under the election is also considered to be from a disposition of qualified fishing property.

If this is the case, report the details on the “Qualified fishing property” line on Schedule 3, Capital Gains (or Losses) in 2011, instead of the “Real estate, depreciable property, and other properties” line. See Qualified fishing property and cumulative capital gains deduction.

Attach a note to your income tax return stating that you are electing under subsection 14(1.01) of the Income Tax Act.

Replacement property

If you sell an eligible capital property and replace it with another one for the same or similar use, you can choose to postpone all or part of any gain on the sale. This happens if you acquire a replacement eligible capital property within a certain period of time. To do this, you have to replace the property no later than one year after the end of the tax year in which you sell the original property. For more information, see Interpretation Bulletin IT-259, Exchanges of Property.

For more information about eligible capital expenditures, see Interpretation Bulletins IT-123, Transactions Involving Eligible Capital Property, and IT-143, Meaning of Eligible Capital Expenditures.

Eligible capital property of a deceased taxpayer

Upon death, a taxpayer is deemed to have disposed of eligible capital property immediately prior to death, for proceeds of disposition equal to 4/3 of the cumulative eligible capital property at that time.

The person who acquires the eligible capital property from the deceased is deemed to acquire it at the deemed disposition amount mentioned in the previous paragraph.

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Chapter 6 — Fishing losses

When your fishing business expenses are more than the fishing business income in a year, you have a net loss. If your net loss from fishing is higher than your other income in the current year, you will be able to carry back or carry forward the balance to reduce your taxes in other years.

For example, assume that in 2011 your fishing income was $18,000 and your total fishing expenses were $25,000. Therefore, your net loss from fishing was $7,000 [$18,000 - $25,000 = ($7,000)]. Also, assume that in 2011 you had employment income of $2,000. To check if you are able to carry back or carry forward part of this loss, you subtract your other income in 2011 from your 2011 net loss from fishing ($7,000 - $2,000 = $5,000). In this example, you would be able to carry back or carry forward a loss of $5,000.

Fishing and non-capital losses

Fishing losses

You may have net fishing income in 2011 instead of a fishing loss. If so, you may be able to apply to your 2011 income tax return fishing losses you had from 2001 to 2010. You can apply these losses as long as you did not already deduct them. You have to apply the loss from the earliest year first before you apply the losses from later years. Enter the amount on line 252 of your income tax return.

You may have a fishing loss in 2011. If you do, you can carry back this loss for 3 years or carry it forward for up to 20 years. To carry back a 2011 loss, complete Form T1A, Request for Loss Carryback, and attach one copy of the form to your 2011 income tax return. Do not file an amended return for the year to which you want to apply the loss.

Non-capital losses

You may have incurred a loss in 2011 from a business other than fishing. If this loss is more than your other income for the year, you may have a non-capital loss. Use Form T1A, Request for Loss Carryback, to calculate your 2011 non-capital loss.

You can carry back your non capital loss up to three years. You can carry forward non capital losses incurred before March 23, 2004, up to seven years. Non capital losses incurred after March 22, 2004, and before 2006 can be carried forward 10 years. Non-capital losses incurred after 2005 can be carried forward up to 20 years.

If you choose to carry back your 2011 non capital loss to your 2008, 2009, or 2010 income tax returns, complete Form T1A and attach one copy of the form to your 2011 return. Do not file an amended return for the year to which you apply the loss.

For more information about non capital losses, see Interpretation Bulletin IT-232, Losses - Their Deductibility in the Loss Year or in Other Years.

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Chapter 7 — Capital gains

This chapter explains the capital gains rules for people who fish. General capital gains rules are covered in Guide T4037, Capital Gains.

Throughout this chapter, we use the terms sell, sold, buy, or bought. These words describe most capital transactions. However, the information in this chapter also applies to deemed dispositions or acquisitions. When reading this chapter, you can use the terms sold instead of disposed of, and bought instead of acquired, if they more clearly describe your situation.

How to calculate your capital gain or loss

To calculate your capital gain or loss, use the following:

Proceeds of disposition	$		1
Adjusted cost base	$		2
Line 1 minus Line 2	$		3
Outlays and expenses	$		4
Capital gain (loss) Line 3 minus Line 4	$		5

Note
You have to calculate the capital gain or loss on each property separately.

Qualified fishing property and cumulative capital gains deduction

If you have a taxable capital gain from the sale of qualified fishing property, you may be able to claim a capital gains deduction. We explain qualified fishing property below.

For dispositions of qualified fishing property made after March 18, 2007, the lifetime capital gains exemption was increased from $500,000 to $750,000.

For information on how to calculate your capital gains deduction, see Form T657, Calculation of Capital Gains Deduction for 2011, and Form T936, Calculation of Cumulative Net Investment Loss (CNIL) to December 31, 2011.

You may be a partner in a partnership that sold capital property. In this case, the partnership includes any taxable capital gain in its income. However, as a partner, you can only claim the capital gains deduction for your share of the gain on qualified fishing property.

What is qualified fishing property?

Qualified fishing property is certain property you, your spouse, or common-law partner own. It is also certain property owned by a family-fishing partnership in which you, your spouse, or common-law partner holds an interest. We define spouse and common-law partner in the General Income Tax and Benefit Guide.

Qualified fishing property includes:

• real property or a fishing vessel that was used in the course of carrying on the business of fishing;
• a share of the capital stock of a family fishing corporation that you, your spouse, or common-law partner own;
• an interest in a family fishing partnership that you, your spouse, or common-law partner own; or
• an eligible capital property used in the course of carrying on the business of fishing in Canada.

Real property or eligible capital property

Real property or eligible capital property is qualified fishing property only if it is used to carry on a fishing business in Canada by any one of the following:

• you, your spouse or common-law partner, or any of your parents or children (we define children below);
• the beneficiary of a personal trust, or the spouse or common-law partner, parent, or child of such a beneficiary;
• a family-fishing corporation where any of the above persons owns a share of the corporation; or
• a family-fishing partnership where any of the above persons (except a family-fishing corporation) owns an interest in the partnership.

We will consider real or eligible capital property to be used to carry on a fishing business in Canada if you meet the following conditions:

• throughout the period of at least 24 months before the disposition, you, your spouse or common-law partner, any of your children or parents, a personal trust from which one of these persons acquired the property, or a family-fishing partnership (in which any of these persons has an interest) must have owned the property; and
• you meet one of the following two conditions:
  • the property or the property it replaced was mainly used in a fishing business in Canada in which any of the above persons was actively engaged on a regular and ongoing basis. Also, in any 24 months of ownership, the person's gross income from the fishing business was larger than that person's income from all other sources in the year; or
  • a family-fishing partnership or corporation used the property for at least 24 months, to carry on a fishing business in Canada. Also, during this time, you, your spouse or common-law partner, any of your children, or your parents must have been actively engaged on a regular and ongoing basis in the fishing business.

Transfer of fishing property to a child

You may be able to transfer Canadian fishing property to your child. When you do this, you can postpone tax on any taxable capital gain and any recapture of capital cost allowance until the child sells the property. To do this, both of these conditions have to be met:

• your child is a resident of Canada just before the transfer; and
• the fishing property was, situated in Canada, or depreciable property in Canada of a prescribed class, or eligible capital property in respect of a fishing business carried on in Canada, and used in a fishing business in which you, your spouse or common-law partner, or any of your children were actively engaged on a regular and ongoing basis before the transfer.

Your children include:

• your natural child, your adopted child, or your spouse's or common-law partner's child;
• your grandchild or great-grandchild;
• your child's spouse or common-law partner; and
• another person who is wholly dependent on you for support and who is, or was immediately before the age of 19, in your custody and under your control.

The following types of property qualify for this type of transfer:

• land used in a fishing business;
• depreciable property, including buildings; and
• eligible capital property.

Furthermore, a share of the capital stock of a family-fishing corporation and an interest in a family-fishing partnership also qualify for this transfer if your child is a resident of Canada just before the transfer.

For most property, the transfer price can be any amount between the adjusted cost base (ACB) and its fair market value (FMV). For depreciable property, the transfer price can be any amount between its undepreciated capital cost (UCC) and its FMV. For eligible capital property, the transfer price can be any amount between:

• its FMV; and

4/3	×	your cumulative eligible capital property from the fishing business	×	FMV of the property ÷ FMV of all your eligible capital property from the fishing business

Transfer of fishing property to a child if a parent dies in the year

We allow a tax-free transfer of a deceased taxpayer's Canadian fishing property to a child if all of these conditions are met:

• the child was resident in Canada just before the parent's death;
• the property was used in a fishing business on a regular and ongoing basis by the deceased, the deceased's spouse or common-law partner, or any of the children before the parent's death; and
• the property was transferred to the child no later than 36 months after the parent's death. In some cases, we may allow the transfer even if it took place later than 36 months after the parent's death.

The following types of fishing property qualify for this transfer:

• land or depreciable property used in a fishing business; and
• a share of the capital stock of a family-fishing corporation, and an interest in a family-fishing partnership.

For most property, the transfer price can be any amount between the ACB and its FMV.

For depreciable property, the transfer price can be an amount between the property's FMV and a special amount. For more information, see Chapter 4, "Deemed disposition of Property", in Guide T4011, Preparing Returns for Deceased Persons.

The deceased's legal representative will choose the amount in the year of death. We consider the child to acquire these properties at the amount chosen.

Similar rules apply for property that a deceased person leased to the family-fishing corporation or partnership.

For eligible capital property, the transfer amount is equal to 4/3 of the cumulative eligible capital property at that time. See Eligible capital property of a deceased taxpayer.

If a child gets a fishing property from a parent and the child later dies, the property can be transferred to the surviving parent based on the same rules.

Shares or other property of a family-fishing holding corporation can also be transferred, based on the same rules, from a spouse or common-law partner trust to a child of the settlor. The settlor is the person who sets up a trust, or the person who transfers property to a trust.

Transfer of fishing property to a spouse or common-law partner

A fisher can transfer capital fishing property to a spouse or common-law partner or to a spousal or common-law partner trust during the fisher's lifetime. At the time of the transfer, the fisher can postpone any taxable capital gain or recapture of CCA.

If the spouse or common-law partner later disposes of the property, the fisher generally has to report any taxable capital gain, not the spouse or common-law partner. This rule applies to transfers made after 1971 where the fisher is living at the time the spouse or common-law partner sells the property. However, there are exceptions to this rule. For more information, see Interpretation Bulletin IT-511, Interspousal and Certain Other Transfers and Loans of Property.

A transfer of fishing property can also occur after the fisher dies. For more information, see Chapter 4, "Deemed Disposition of Property", in Guide T4011, Preparing Returns for Deceased Persons.

Other special rules

You may also be able to postpone paying tax on capital gains in the following situations.

Reserves

When you dispose of a capital property, you usually receive full payment at that time. However, sometimes you receive the amount over a number of years. Generally, a reserve allows you to defer reporting part of the capital gain to the year in which you receive the proceeds.

For example, you may sell a boat for $50,000 and receive $10,000 at the time of the sale. You receive the remaining $40,000 over 4 years. In this situation, you can claim a reserve. However, there is a limit to the number of years you can do this.

For more information on reserves, see Guide T4037, Capital Gains, and Form T2017, Summary of Reserves on Dispositions of Capital Property.

Exchanges or expropriations of property

There are special rules that apply when you dispose of a property and replace it with a similar one, or when someone expropriates your property. For more information, see Interpretation Bulletins IT-259, Exchanges of Property and IT-491, Former Business Property, and its Special Release.

Capital cost allowance (CCA) rates

Below you will find the more common depreciable properties that a fishing business may use. The CCA rates appear at the end of the list.

Depreciable property	Class No.
Boats and component parts	7
Breakwaters
Cement or stone	3
Wood	6
Buildings and component parts
Wood, galvanized, or portable	6
Other:
Acquired after 1978 and before 1988*	3
Acquired after 1987	1
Chain saws	10
Computer equipment and systems software
Acquired before March 23, 2004	10
Acquired after March 22, 2004	45
Computer software (other than systems software)	8
Data network infrastructure equipment
Acquired after March 22, 2004	46
Data-processing equipment and systems software
Acquired after March 18, 2007	50
Data-processing equipment and systems software
Acquired after Jan.  27, 2009 and before Feb. 2011	52
Docks
Cement, steel, stone, or wood	3
Drills — All types	8
Electric-generating equipment (not more than 15 kW)	8
Electric motors	8
Engines — Stationary	8
Ice machines	8
Leasehold interest	13
Nets	8
Office equipment including photocopiers, fax machines	8
Outboard motors	10
Passenger vehicles (see Chapter 4)	10 or 10.1
Power block — Purse seine	7
Pumps	8
Radar or radio equipment
Acquired before May 26, 1976	9
Acquired after May 25, 1976	8
Tools
Under $200 ($500 under proposed changes)	12
$200 and over ($500 and over under proposed changes)	8
Trailers	10
Traps	8
Trucks	10
Weirs	3
Weirs — Fish	8
Welding equipment	8
Wharves
Cement, steel, or stone	3
Wood	6
Windchargers	8

* You may add to or alter a Class 3 building after 1987. In this case, there is a limit on the amount you can include in Class 3. The most you can include in Class 3 is whichever is less: $500,000 or 25% of the building's cost on December 31, 1987. In Class 1 include any costs you incur that are over this limit.

Rates — Part XI

Class 1	4%
Class 2	6%
Class 3	5%
Class 6	10%
Class 7	15%
Class 8	20%
Class 9	25%
Class 10	30%
Class 10.1	30%
Class 12	100%
Class 13**
Class 45	45%
Class 46	30%
Class 50	55%
Class 52	100%

** You can claim CCA on leasehold interest, but the maximum rate depends on the type of leasehold interest and the terms of the lease.

GST/HST

If your total gross worldwide revenue from your taxable sales (including those taxable at 0%) and those of your associates is more than $30,000 in a calendar quarter or in four consecutive calendar quarters, you have to register for GST/HST.

We consider crew members who receive a share of the catch, commonly known as sharespeople, to be self-employed. Therefore, they may also have to register for GST/HST.

If your gross revenue is $30,000 or less, you do not have to register for GST/HST, but you may do so voluntarily. It may benefit you to register because GST/HST registrants can claim input tax credits. These credits allow you to recover the GST/HST you have paid or owe for purchases and expenses made to provide taxable goods and services at the rates of 0%, 5%, 12%, 13% and 15%.

Note
British Columbia, Ontario, Nova Scotia, New Brunswick, and Newfoundland and Labrador harmonized their provincial sales tax with GST to create HST. HST applies to the same goods and services as GST but at the rate of your province.

Examples of sales and purchases that are taxable at 5%, 12%, 13%, or 15% include:

• fish or other marine or freshwater animals sold as bait for recreational fishing;
• fish or other marine or freshwater animals not ordinarily used as food for human consumption;
• traps, pots, and cages;
• fish boxes;
• navigation equipment;
• repair and maintenance materials; and
• stationary engines and outboard motors.

Many fish products and certain large fishing equipment are taxable, but at the rate of 0%. We refer to these as zero-rated goods. You do not pay GST/HST when you buy these products, and you do not charge GST/HST when you sell them to your customers. Examples of zero-rated fishing products and equipment include:

• fish feed and other specified products sold in quantities of at least 20 kg . For more information, see GST/HST Memoranda Series 4-4, Agriculture and Fishing;
• fish or other marine or freshwater animals, such as oysters, clams, and mussels, not further processed than frozen, salted, smoked, dried, scaled, eviscerated, or filleted, provided they are ordinarily used as food for human consumption, and not used as bait for recreational fishing;
• fish eggs that are produced for hatching purposes;
• fishing vessels you buy either inside or outside Canada to use in commercial fishing, if you provide all the following documents to the vendor or the customs office:
  • your GST/HST Account Number;
  • a declaration signed by you stating that you intend to use the vessel in commercial fishing; and
  • your valid commercial limited-entry fishing licence number issued by Fisheries and Oceans Canada or a provincial or territorial government (licensing requirements may vary from region to region);
• the following nets and related equipment:
  • gill-nets, seines, and trawl-nets;
  • webbing, leadlines, corkline (top rope) for gill-nets, seines, and trawl-nets;
  • floats for gill nets and seines;
  • drums for gill-nets, seines, trawl-nets, and long-lines;
  • entrapment and predator webbing;
  • trawl-net doors; and
• the following equipment and products:
  • automatic baiters, jiggers, and net-pen feeders;
  • manufactured netpens for use in aquaculture; and
  • mechanical net washers and pescalators.

GST/HST registrants can claim an input tax credit for the GST/HST that they paid or owed for expenses used to provide taxable goods and services at the rates of 0%, 5%, 12%, 13%, and 15%. For more information on the claiming of input tax credits and the percentage of use with commercial activity see GST/HST Memorandum 8.1, General Eligibility Rules and GST/HST Memorandum 8.2, General Restrictions and Limitations.

A limited number of goods and services that you purchase are exempt from GST/HST. Because you do not pay GST/HST on these goods and services, there is no input tax credit to claim.

Examples of exempt goods and services include:

• commercial fishing licence fees;
• insurance services sold by insurance companies, agents, or brokers;
• most services provided by financial institutions, such as arranging loans; and
• most health, medical, and dental services.

For more information, see Guide RC4022, General Information for GST/HST Registrants, GST/HST Memorandum 4.4, Agriculture and Fishing and GST/HST Information Sheet GI-049, Fishing Equipment and Products.

Eligible registrants can file their GST/HST returns online, by using GST/HST NETFILE or the File a return service in My Business Account. For more information about GST/HST, go to Goods and services tax/harmonized sales tax (GST/HST). To view your GST/HST account information online, make online requests, transfer payments, or use the instalment calculator service in My Business Account.

For more information

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For personal and general tax information by telephone, use our automated service, TIPS, by calling 1-800-267-6999.

Teletypewriter users

TTY users can call 1-800-665-0354 for bilingual assistance during regular business hours.

Our service complaint process

If you are not satisfied with the service you have received, contact the CRA employee you have been dealing with or call the telephone number you have been given. If you are not pleased with the way your concerns are being addressed, you can ask to discuss the matter with the employee's supervisor.

If the matter is not settled, you can then file a service complaint by completing Form RC193, Service Related Complaint. If you are still not satisfied, you can file a complaint with the Office of the Taxpayers' Ombudsman.

For more information, go to Service Complaints or see Booklet RC4420, Information on CRA - Service Complaints.

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Please send your comments to:

Taxpayer Services Directorate
Canada Revenue Agency
 750 Heron Road
Ottawa ON K1A 0L5

Index

A

• Accrual method
• Allowance on eligible capital property - Line 9935

B

• Bait, ice, salt - Line 9138
• Business liabilities (Total) - Line 9931
• Business use of a motor vehicle
• Business-use-of-home expenses - Line 9945

C

• Calculating capital cost allowance (CCA) - Area A of Form T2121
  • Adjustment for current year additions - Column 6
  • Base amount for capital cost allowance - Column 7
  • CCA for the year - Column 9
  • Class number - Column 1
  • Cost of additions in the year - Column 3
  • Proceeds of dispositions in the year - Column 4
  • Rate (%) - Column 8
  • UCC after additions and dispositions - Column 5
  • UCC at the end of the year - Column 10
  • UCC at the start of the year - Column 2
• Capital contributions in 2011 - Line 9933
• Capital cost allowance (CCA)
• Capital cost allowance (CCA) - Line 9936
• Captains of fishing boats
• Cash method
• Changing from personal to business use
• Classes of depreciable property and rates
  • Class 1 (4%)
  • Class 3 (5%)
  • Class 6 (10%)
  • Class 8 (20%)
  • Class 10 (30%)
  • Class 10.1 (30%)
  • Class 12 (100%)
  • Class 45 (45%)
  • Class 46 (30%)
  • Class 50 (55%)
  • Class 52 (100%)
• Compensation for loss of fishing income or property
• Crew shares - Line 9062

D

• Definitions
• Disability-related modifications
• Drawings in 2011 - Line 9932

E

• Eligible capital expenditures

F

• Fiscal period
• Fishing boat owners
• Food - Line 8523
• Fuel and oil costs - Line 9224

G

• Gear - Line 9136
• Gross income - Line 8299
• GST/HST input tax credits
• GST/HST rebate for partners
• GST/HST rebate for partners received in the year - Line 9974

I

• Income from related activities
• Industry code
• Insurance - Line 8690
• Interest - Line 8710
• Interest on the money you borrow for a passenger vehicle
• Investment tax credit (ITC)

J

• Joint ownership of a passenger vehicle

L

• Land
• Legal, accounting, and other professional fees - Line 8860
• Licences - Line 8760
• Limited partnership

M

• More than one vehicle
• Motor vehicle expenses (not including CCA) - Line 9281

N

• Net income (loss) - Line 9946
• Net income (loss) before adjustments - Line 9369
• Nets and traps - Line 9137
• Non-capital losses

O

• Office expenses - Line 8810
• Other amounts deductible from your share of net partnership income (loss) - Line 9943
• Other expenses - Line 9270

P

• Partnerships
• Patronage dividends
• Paying debts with part of a catch
• Personal use of property
• Private health services plan (PHSP)

R

• Recapture of CCA
• Repairs - Line 8963
• Repayments and imputed interest
• Reporting methods

S

• Salaries, wages, and benefits (including employer's contributions) - Line 9060
• Sale of property
• Sharespeople
• Sharesperson income
• Special rates for certain boats

T

• Terminal loss

U

• Use of fishing boat mainly for personal use

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