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compliance
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@@ -353,6 +353,46 @@ efficiently.
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Legislations and Regulations
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-----------------------------
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Federal and provincial/territorial legislation, and amendments to existing legislation and
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regulations, can affect the operations of a payroll department, as the requirement to comply
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with the new or amended legislation must be satisfied.
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Legislation determines what the rules are, while regulations determine how the rules are to be
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applied.
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The methods for calculating income tax deductions are specified by the federal government
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through regulations.
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*Example:*
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The Income Tax Act
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The legislation: Specifies that employers are required to withhold income tax from employees.
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The regulation: Specifies the taxation methods that should be used for non-periodic payments such as bonuses, retroactive pay increases, lump sum payments, etc.
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Non-periodic bonus payments- Where a payment in respect of a bonus is made by an employer to an employee whose total remuneration (including the bonus) from the employer
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may reasonably be expected to exceed $5,000 in the taxation year of the employee in which the payment is made, the amount to be deducted or withheld by the employer is dictated
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through a calculation prescribed in the regulation within the Act.
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Legislative change can prove to be anything but routine, particularly if the change is
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implemented at a time other than at the beginning of a calendar year, or involves some sort of
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retroactivity. The change may involve a series of adjustments to individual payroll accounts
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and extra work for the payroll department to finalize reconciliations and year-end balancing
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requirements.
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In general, legislation, and in particular, labour legislation, is constantly being changed,
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amended, repealed or revised. As a result, it is essential to keep up-to-date with the changes
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in the jurisdiction(s) in which your organization operates.
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Changes in legislation are generally publicized in the media. In large organizations, human
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resource departments, tax specialists and corporate legal departments often provide this type
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of information. However, in both large and small organizations, the payroll practitioner
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should be proactive in keeping abreast of changes and bringing them to the attention of those
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involved. There are many ways to keep informed of changes that impact payroll.
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The following are some of the available resources:
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The Employee-Employer Relationship
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-----------------------------------
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@@ -768,8 +808,8 @@ Please consider the following scenario.
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*If the worker is considered self-employed, then payment, on submission of an invoice, will continue to be handled by AP. If, however, the worker is considered an
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employee, they would have to be set up on payroll, as they would be in receipt of income from employment, subject to all legislated statutory withholdings.*
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*I have attached the CRA's form Request for a CPP/EI Ruling - Employee or SelfEmployed? - CPT1 for your information. This form can be completed by the
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company and sent with supporting documentation, such as the terms and conditions of the contract, for a ruling from the CRA on the individual's status.*
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*I have attached the CRA's form Request for a CPP/EI Ruling - Employee or SelfEmployed? - CPT1 for your information. This form can be completed by the
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company and sent with supporting documentation, such as the terms and conditions of the contract, for a ruling from the CRA on the individual's status.*
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*I think that Payroll must coordinate with the Accounts Payable Department to ensure that these payments are being handled correctly.*
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