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intro
This commit is contained in:
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@@ -80,7 +80,7 @@ invoice alone is not sufficient to confirm self-employment status. Proper assess
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sto ensure accurate classification and compliance with tax and labor regulations.
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sto ensure accurate classification and compliance with tax and labor regulations.
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Factors Determining the Type of Contract
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Factors Determining the Type of Contract
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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-----------------------------------------
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The CRA uses a two-step approach to examine the relationship between the worker and the
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The CRA uses a two-step approach to examine the relationship between the worker and the
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payer for relationships outside the province of Québec. The approach used for relationships
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payer for relationships outside the province of Québec. The approach used for relationships
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@@ -110,7 +110,7 @@ that relate to the following factors:
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- the degree of responsibility for investment and management held by the worker
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- the degree of responsibility for investment and management held by the worker
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- the worker's opportunity for profit
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- the worker's opportunity for profit
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- any other relevant factors, such as written contracts
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- any other relevant factors, such as written contracts
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The CRA will look at the answers independently and then together and consider whether or
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The CRA will look at the answers independently and then together and consider whether or
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@@ -121,7 +121,8 @@ answers are more consistent with a contract of service or a contract for service
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Each of these factors will be discussed in the material and indicators showing whether the
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Each of these factors will be discussed in the material and indicators showing whether the
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worker is an employee or self-employed will be provided.
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worker is an employee or self-employed will be provided.
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**Control**
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Control
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~~~~~~~
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One of the key factors in determining a worker's status is the extent to which the payer has the ability, authority, or
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One of the key factors in determining a worker's status is the extent to which the payer has the ability, authority, or
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right to control both what work is performed and how it is carried out. Equally important is the level of independence the
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right to control both what work is performed and how it is carried out. Equally important is the level of independence the
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@@ -146,7 +147,8 @@ Worker is a *Self-Employed* when:
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- The worker can accept or refuse work from the payer.
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- The worker can accept or refuse work from the payer.
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- The working relationship between the payer and the worker does not present a degree of continuity, loyalty, security, subordination, or integration.
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- The working relationship between the payer and the worker does not present a degree of continuity, loyalty, security, subordination, or integration.
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**Tools and Equipment**
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Tools and Equipment
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~~~~~~~~~~~~~~~~~~~~
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Ownership of tools and equipment is not a definitive factor in determining the nature of a working relationship or the type
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Ownership of tools and equipment is not a definitive factor in determining the nature of a working relationship or the type
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of contract in place. While self-employed individuals often use their own tools to fulfill contractual obligations—making
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of contract in place. While self-employed individuals often use their own tools to fulfill contractual obligations—making
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@@ -176,7 +178,8 @@ The worker is a self-employed individual when:
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- The worker provides the tools and equipment required and is responsible for the cost of repairs, insurance and maintenance and retains the right over the use of these assets.
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- The worker provides the tools and equipment required and is responsible for the cost of repairs, insurance and maintenance and retains the right over the use of these assets.
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- The worker supplies his or her own workspace, is responsible for the costs to maintain it, and does substantial work from that site.
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- The worker supplies his or her own workspace, is responsible for the costs to maintain it, and does substantial work from that site.
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**Subcontracting Work or Hiring Assistants**
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Subcontracting Work or Hiring Assistants
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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As subcontracting work or hiring assistants can affect a worker's chance of profit or risk of loss, this can help determine
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As subcontracting work or hiring assistants can affect a worker's chance of profit or risk of loss, this can help determine
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the type of business relationship.
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the type of business relationship.
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@@ -191,7 +194,8 @@ The worker is a self-employed individual when:
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- The worker does not have to perform the service personally.
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- The worker does not have to perform the service personally.
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- They can hire another party to complete the work, without consulting with the payer.
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- They can hire another party to complete the work, without consulting with the payer.
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**Financial Risk**
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Financial Risk
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~~~~~~~~~~~~~~~~~~
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When evaluating the nature of a working relationship, the Canada Revenue Agency (CRA) considers whether the individual
|
When evaluating the nature of a working relationship, the Canada Revenue Agency (CRA) considers whether the individual
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incurs fixed, ongoing costs or unreimbursed expenses. In traditional employee arrangements, employers typically reimburse
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incurs fixed, ongoing costs or unreimbursed expenses. In traditional employee arrangements, employers typically reimburse
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@@ -216,7 +220,8 @@ The worker is a self-employed individual when:
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- The worker hires helpers to assist and pays them.
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- The worker hires helpers to assist and pays them.
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- The worker advertises the services offered.
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- The worker advertises the services offered.
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**Responsibility for Investment and Management**
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Responsibility for Investment and Management
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||||||
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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||||||
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When assessing whether a business relationship exists, one important indicator is the worker's financial investment in the
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When assessing whether a business relationship exists, one important indicator is the worker's financial investment in the
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services they provide. If an individual is required to invest in equipment, materials, or other resources to complete the
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services they provide. If an individual is required to invest in equipment, materials, or other resources to complete the
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@@ -236,7 +241,8 @@ The worker is a self-employed individual when:
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|
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- The worker has capital investment, manages his or her staff, hires and pays individuals to help perform the work, and has established a business presence.
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- The worker has capital investment, manages his or her staff, hires and pays individuals to help perform the work, and has established a business presence.
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**Opportunity for Profit**
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Opportunity for Profit
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||||||
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~~~~~~~~~~~~~~~~~~~~~~~~~
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|
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A business relationship is often indicated when a worker has the ability to realize a profit or incur a loss, reflecting their
|
A business relationship is often indicated when a worker has the ability to realize a profit or incur a loss, reflecting their
|
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control over the financial and operational aspects of the services they provide. Self-employed individuals typically
|
control over the financial and operational aspects of the services they provide. Self-employed individuals typically
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docs/build/html/contracts.html
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@@ -106,8 +106,9 @@ present. They typically submit invoices and receive payment through accounts pay
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invoice alone is not sufficient to confirm self-employment status. Proper assessment of the working relationship is essential
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invoice alone is not sufficient to confirm self-employment status. Proper assessment of the working relationship is essential
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sto ensure accurate classification and compliance with tax and labor regulations.</p>
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sto ensure accurate classification and compliance with tax and labor regulations.</p>
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</section>
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</section>
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</section>
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<section id="factors-determining-the-type-of-contract">
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<section id="factors-determining-the-type-of-contract">
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<h3><span class="section-number">4.1.3. </span>Factors Determining the Type of Contract<a class="headerlink" href="#factors-determining-the-type-of-contract" title="Link to this heading">¶</a></h3>
|
<h2><span class="section-number">4.2. </span>Factors Determining the Type of Contract<a class="headerlink" href="#factors-determining-the-type-of-contract" title="Link to this heading">¶</a></h2>
|
||||||
<p>The CRA uses a two-step approach to examine the relationship between the worker and the
|
<p>The CRA uses a two-step approach to examine the relationship between the worker and the
|
||||||
payer for relationships outside the province of Québec. The approach used for relationships
|
payer for relationships outside the province of Québec. The approach used for relationships
|
||||||
in the province of Québec will be discussed in a later chapter.</p>
|
in the province of Québec will be discussed in a later chapter.</p>
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@@ -140,7 +141,8 @@ conclusions may be drawn. When there is no common intent, the CRA will decide if
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answers are more consistent with a contract of service or a contract for service.
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answers are more consistent with a contract of service or a contract for service.
|
||||||
Each of these factors will be discussed in the material and indicators showing whether the
|
Each of these factors will be discussed in the material and indicators showing whether the
|
||||||
worker is an employee or self-employed will be provided.</p>
|
worker is an employee or self-employed will be provided.</p>
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||||||
<p><strong>Control</strong></p>
|
<section id="control">
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||||||
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<h3><span class="section-number">4.2.1. </span>Control<a class="headerlink" href="#control" title="Link to this heading">¶</a></h3>
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||||||
<p>One of the key factors in determining a worker’s status is the extent to which the payer has the ability, authority, or
|
<p>One of the key factors in determining a worker’s status is the extent to which the payer has the ability, authority, or
|
||||||
right to control both what work is performed and how it is carried out. Equally important is the level of independence the
|
right to control both what work is performed and how it is carried out. Equally important is the level of independence the
|
||||||
worker maintains in performing their duties.</p>
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worker maintains in performing their duties.</p>
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@@ -166,7 +168,9 @@ used—that holds the most weight in determining the nature of the working relat
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<li><p>The working relationship between the payer and the worker does not present a degree of continuity, loyalty, security, subordination, or integration.</p></li>
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<li><p>The working relationship between the payer and the worker does not present a degree of continuity, loyalty, security, subordination, or integration.</p></li>
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</ul>
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</ul>
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</div></blockquote>
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</div></blockquote>
|
||||||
<p><strong>Tools and Equipment</strong></p>
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</section>
|
||||||
|
<section id="tools-and-equipment">
|
||||||
|
<h3><span class="section-number">4.2.2. </span>Tools and Equipment<a class="headerlink" href="#tools-and-equipment" title="Link to this heading">¶</a></h3>
|
||||||
<p>Ownership of tools and equipment is not a definitive factor in determining the nature of a working relationship or the type
|
<p>Ownership of tools and equipment is not a definitive factor in determining the nature of a working relationship or the type
|
||||||
of contract in place. While self-employed individuals often use their own tools to fulfill contractual obligations—making
|
of contract in place. While self-employed individuals often use their own tools to fulfill contractual obligations—making
|
||||||
such ownership common in business relationships—this alone does not confirm self-employment. Employees may also be required
|
such ownership common in business relationships—this alone does not confirm self-employment. Employees may also be required
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||||||
@@ -195,7 +199,9 @@ replacement, and insurance, rather than mere ownership itself.</p>
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|||||||
<li><p>The worker supplies his or her own workspace, is responsible for the costs to maintain it, and does substantial work from that site.</p></li>
|
<li><p>The worker supplies his or her own workspace, is responsible for the costs to maintain it, and does substantial work from that site.</p></li>
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||||||
</ul>
|
</ul>
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||||||
</div></blockquote>
|
</div></blockquote>
|
||||||
<p><strong>Subcontracting Work or Hiring Assistants</strong></p>
|
</section>
|
||||||
|
<section id="subcontracting-work-or-hiring-assistants">
|
||||||
|
<h3><span class="section-number">4.2.3. </span>Subcontracting Work or Hiring Assistants<a class="headerlink" href="#subcontracting-work-or-hiring-assistants" title="Link to this heading">¶</a></h3>
|
||||||
<p>As subcontracting work or hiring assistants can affect a worker’s chance of profit or risk of loss, this can help determine
|
<p>As subcontracting work or hiring assistants can affect a worker’s chance of profit or risk of loss, this can help determine
|
||||||
the type of business relationship.</p>
|
the type of business relationship.</p>
|
||||||
<p>The worker is an employee when:</p>
|
<p>The worker is an employee when:</p>
|
||||||
@@ -212,7 +218,9 @@ the type of business relationship.</p>
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|||||||
<li><p>They can hire another party to complete the work, without consulting with the payer.</p></li>
|
<li><p>They can hire another party to complete the work, without consulting with the payer.</p></li>
|
||||||
</ul>
|
</ul>
|
||||||
</div></blockquote>
|
</div></blockquote>
|
||||||
<p><strong>Financial Risk</strong></p>
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</section>
|
||||||
|
<section id="financial-risk">
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||||||
|
<h3><span class="section-number">4.2.4. </span>Financial Risk<a class="headerlink" href="#financial-risk" title="Link to this heading">¶</a></h3>
|
||||||
<p>When evaluating the nature of a working relationship, the Canada Revenue Agency (CRA) considers whether the individual
|
<p>When evaluating the nature of a working relationship, the Canada Revenue Agency (CRA) considers whether the individual
|
||||||
incurs fixed, ongoing costs or unreimbursed expenses. In traditional employee arrangements, employers typically reimburse
|
incurs fixed, ongoing costs or unreimbursed expenses. In traditional employee arrangements, employers typically reimburse
|
||||||
expenses that arise as part of the job—for example, travel or business-related costs.</p>
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expenses that arise as part of the job—for example, travel or business-related costs.</p>
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@@ -238,7 +246,9 @@ relationship, reflecting the independence and financial responsibility character
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<li><p>The worker advertises the services offered.</p></li>
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<li><p>The worker advertises the services offered.</p></li>
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||||||
</ul>
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</ul>
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||||||
</div></blockquote>
|
</div></blockquote>
|
||||||
<p><strong>Responsibility for Investment and Management</strong></p>
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</section>
|
||||||
|
<section id="responsibility-for-investment-and-management">
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||||||
|
<h3><span class="section-number">4.2.5. </span>Responsibility for Investment and Management<a class="headerlink" href="#responsibility-for-investment-and-management" title="Link to this heading">¶</a></h3>
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||||||
<p>When assessing whether a business relationship exists, one important indicator is the worker’s financial investment in the
|
<p>When assessing whether a business relationship exists, one important indicator is the worker’s financial investment in the
|
||||||
services they provide. If an individual is required to invest in equipment, materials, or other resources to complete the
|
services they provide. If an individual is required to invest in equipment, materials, or other resources to complete the
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work, this suggests the presence of a contract for service rather than an employment relationship.</p>
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work, this suggests the presence of a contract for service rather than an employment relationship.</p>
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||||||
@@ -259,7 +269,9 @@ reflect the autonomy and financial risk typically associated with self-employmen
|
|||||||
<li><p>The worker has capital investment, manages his or her staff, hires and pays individuals to help perform the work, and has established a business presence.</p></li>
|
<li><p>The worker has capital investment, manages his or her staff, hires and pays individuals to help perform the work, and has established a business presence.</p></li>
|
||||||
</ul>
|
</ul>
|
||||||
</div></blockquote>
|
</div></blockquote>
|
||||||
<p><strong>Opportunity for Profit</strong></p>
|
</section>
|
||||||
|
<section id="opportunity-for-profit">
|
||||||
|
<h3><span class="section-number">4.2.6. </span>Opportunity for Profit<a class="headerlink" href="#opportunity-for-profit" title="Link to this heading">¶</a></h3>
|
||||||
<p>A business relationship is often indicated when a worker has the ability to realize a profit or incur a loss, reflecting their
|
<p>A business relationship is often indicated when a worker has the ability to realize a profit or incur a loss, reflecting their
|
||||||
control over the financial and operational aspects of the services they provide. Self-employed individuals typically
|
control over the financial and operational aspects of the services they provide. Self-employed individuals typically
|
||||||
negotiate their own rates, choose which contracts to accept, and may take on multiple contracts simultaneously. To fulfill
|
negotiate their own rates, choose which contracts to accept, and may take on multiple contracts simultaneously. To fulfill
|
||||||
@@ -291,7 +303,7 @@ relationship.</p>
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|||||||
</section>
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</section>
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||||||
</section>
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</section>
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||||||
<section id="review-summary">
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<section id="review-summary">
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||||||
<h2><span class="section-number">4.2. </span>Review Summary<a class="headerlink" href="#review-summary" title="Link to this heading">¶</a></h2>
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<h2><span class="section-number">4.3. </span>Review Summary<a class="headerlink" href="#review-summary" title="Link to this heading">¶</a></h2>
|
||||||
<p>The core purpose of the payroll function within any organization is to ensure employees are compensated accurately and
|
<p>The core purpose of the payroll function within any organization is to ensure employees are compensated accurately and
|
||||||
punctually, in accordance with all applicable legislation throughout the full annual payroll cycle. This essential function
|
punctually, in accordance with all applicable legislation throughout the full annual payroll cycle. This essential function
|
||||||
supports employee satisfaction, regulatory compliance, and overall operational efficiency.</p>
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supports employee satisfaction, regulatory compliance, and overall operational efficiency.</p>
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||||||
@@ -332,7 +344,7 @@ considerations include:</p>
|
|||||||
<p>Collectively, these factors guide proper categorization for legal and tax purposes, helping organizations ensure compliance and mitigate potential risk.</p>
|
<p>Collectively, these factors guide proper categorization for legal and tax purposes, helping organizations ensure compliance and mitigate potential risk.</p>
|
||||||
</section>
|
</section>
|
||||||
<section id="review-questions">
|
<section id="review-questions">
|
||||||
<h2><span class="section-number">4.3. </span>Review Questions<a class="headerlink" href="#review-questions" title="Link to this heading">¶</a></h2>
|
<h2><span class="section-number">4.4. </span>Review Questions<a class="headerlink" href="#review-questions" title="Link to this heading">¶</a></h2>
|
||||||
<p>What is the primary objective of the payroll department?</p>
|
<p>What is the primary objective of the payroll department?</p>
|
||||||
<blockquote>
|
<blockquote>
|
||||||
<div><p>The primary objective of the payroll department is to pay employees accurately and
|
<div><p>The primary objective of the payroll department is to pay employees accurately and
|
||||||
@@ -438,11 +450,19 @@ morning at 10:00 to discuss?</em></p>
|
|||||||
<li><a class="reference internal" href="#the-employee-employer-relationship">4.1. The Employee-Employer Relationship</a><ul>
|
<li><a class="reference internal" href="#the-employee-employer-relationship">4.1. The Employee-Employer Relationship</a><ul>
|
||||||
<li><a class="reference internal" href="#contract-of-service-employment">4.1.1. Contract of Service (Employment)</a></li>
|
<li><a class="reference internal" href="#contract-of-service-employment">4.1.1. Contract of Service (Employment)</a></li>
|
||||||
<li><a class="reference internal" href="#contract-for-service-subcontracting">4.1.2. Contract for Service (Subcontracting)</a></li>
|
<li><a class="reference internal" href="#contract-for-service-subcontracting">4.1.2. Contract for Service (Subcontracting)</a></li>
|
||||||
<li><a class="reference internal" href="#factors-determining-the-type-of-contract">4.1.3. Factors Determining the Type of Contract</a></li>
|
|
||||||
</ul>
|
</ul>
|
||||||
</li>
|
</li>
|
||||||
<li><a class="reference internal" href="#review-summary">4.2. Review Summary</a></li>
|
<li><a class="reference internal" href="#factors-determining-the-type-of-contract">4.2. Factors Determining the Type of Contract</a><ul>
|
||||||
<li><a class="reference internal" href="#review-questions">4.3. Review Questions</a></li>
|
<li><a class="reference internal" href="#control">4.2.1. Control</a></li>
|
||||||
|
<li><a class="reference internal" href="#tools-and-equipment">4.2.2. Tools and Equipment</a></li>
|
||||||
|
<li><a class="reference internal" href="#subcontracting-work-or-hiring-assistants">4.2.3. Subcontracting Work or Hiring Assistants</a></li>
|
||||||
|
<li><a class="reference internal" href="#financial-risk">4.2.4. Financial Risk</a></li>
|
||||||
|
<li><a class="reference internal" href="#responsibility-for-investment-and-management">4.2.5. Responsibility for Investment and Management</a></li>
|
||||||
|
<li><a class="reference internal" href="#opportunity-for-profit">4.2.6. Opportunity for Profit</a></li>
|
||||||
|
</ul>
|
||||||
|
</li>
|
||||||
|
<li><a class="reference internal" href="#review-summary">4.3. Review Summary</a></li>
|
||||||
|
<li><a class="reference internal" href="#review-questions">4.4. Review Questions</a></li>
|
||||||
</ul>
|
</ul>
|
||||||
</li>
|
</li>
|
||||||
</ul>
|
</ul>
|
||||||
|
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@@ -101,11 +101,19 @@ to confidently perform essential payroll functions encountered in day-to-day ope
|
|||||||
<li class="toctree-l2"><a class="reference internal" href="contracts.html#the-employee-employer-relationship">4.1. The Employee-Employer Relationship</a><ul>
|
<li class="toctree-l2"><a class="reference internal" href="contracts.html#the-employee-employer-relationship">4.1. The Employee-Employer Relationship</a><ul>
|
||||||
<li class="toctree-l3"><a class="reference internal" href="contracts.html#contract-of-service-employment">4.1.1. Contract of Service (Employment)</a></li>
|
<li class="toctree-l3"><a class="reference internal" href="contracts.html#contract-of-service-employment">4.1.1. Contract of Service (Employment)</a></li>
|
||||||
<li class="toctree-l3"><a class="reference internal" href="contracts.html#contract-for-service-subcontracting">4.1.2. Contract for Service (Subcontracting)</a></li>
|
<li class="toctree-l3"><a class="reference internal" href="contracts.html#contract-for-service-subcontracting">4.1.2. Contract for Service (Subcontracting)</a></li>
|
||||||
<li class="toctree-l3"><a class="reference internal" href="contracts.html#factors-determining-the-type-of-contract">4.1.3. Factors Determining the Type of Contract</a></li>
|
|
||||||
</ul>
|
</ul>
|
||||||
</li>
|
</li>
|
||||||
<li class="toctree-l2"><a class="reference internal" href="contracts.html#review-summary">4.2. Review Summary</a></li>
|
<li class="toctree-l2"><a class="reference internal" href="contracts.html#factors-determining-the-type-of-contract">4.2. Factors Determining the Type of Contract</a><ul>
|
||||||
<li class="toctree-l2"><a class="reference internal" href="contracts.html#review-questions">4.3. Review Questions</a></li>
|
<li class="toctree-l3"><a class="reference internal" href="contracts.html#control">4.2.1. Control</a></li>
|
||||||
|
<li class="toctree-l3"><a class="reference internal" href="contracts.html#tools-and-equipment">4.2.2. Tools and Equipment</a></li>
|
||||||
|
<li class="toctree-l3"><a class="reference internal" href="contracts.html#subcontracting-work-or-hiring-assistants">4.2.3. Subcontracting Work or Hiring Assistants</a></li>
|
||||||
|
<li class="toctree-l3"><a class="reference internal" href="contracts.html#financial-risk">4.2.4. Financial Risk</a></li>
|
||||||
|
<li class="toctree-l3"><a class="reference internal" href="contracts.html#responsibility-for-investment-and-management">4.2.5. Responsibility for Investment and Management</a></li>
|
||||||
|
<li class="toctree-l3"><a class="reference internal" href="contracts.html#opportunity-for-profit">4.2.6. Opportunity for Profit</a></li>
|
||||||
|
</ul>
|
||||||
|
</li>
|
||||||
|
<li class="toctree-l2"><a class="reference internal" href="contracts.html#review-summary">4.3. Review Summary</a></li>
|
||||||
|
<li class="toctree-l2"><a class="reference internal" href="contracts.html#review-questions">4.4. Review Questions</a></li>
|
||||||
</ul>
|
</ul>
|
||||||
</li>
|
</li>
|
||||||
<li class="toctree-l1"><a class="reference internal" href="cpp-and-ei.html">5. Canada Pension Plan</a><ul>
|
<li class="toctree-l1"><a class="reference internal" href="cpp-and-ei.html">5. Canada Pension Plan</a><ul>
|
||||||
|
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4.1.2. Contract for Service (Subcontracting)
|
4.1.2. Contract for Service (Subcontracting)
|
||||||
</a>
|
</a>
|
||||||
</li>
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||||||
|
</ul>
|
||||||
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|
||||||
|
4.2. Factors Determining the Type of Contract
|
||||||
|
</a>
|
||||||
|
<ul>
|
||||||
<li class="toctree-l3">
|
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|
||||||
<a class="reference internal" href="#factors-determining-the-type-of-contract">
|
<a class="reference internal" href="#control">
|
||||||
4.1.3. Factors Determining the Type of Contract
|
4.2.1. Control
|
||||||
|
</a>
|
||||||
|
</li>
|
||||||
|
<li class="toctree-l3">
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||||||
|
<a class="reference internal" href="#tools-and-equipment">
|
||||||
|
4.2.2. Tools and Equipment
|
||||||
|
</a>
|
||||||
|
</li>
|
||||||
|
<li class="toctree-l3">
|
||||||
|
<a class="reference internal" href="#subcontracting-work-or-hiring-assistants">
|
||||||
|
4.2.3. Subcontracting Work or Hiring Assistants
|
||||||
|
</a>
|
||||||
|
</li>
|
||||||
|
<li class="toctree-l3">
|
||||||
|
<a class="reference internal" href="#financial-risk">
|
||||||
|
4.2.4. Financial Risk
|
||||||
|
</a>
|
||||||
|
</li>
|
||||||
|
<li class="toctree-l3">
|
||||||
|
<a class="reference internal" href="#responsibility-for-investment-and-management">
|
||||||
|
4.2.5. Responsibility for Investment and Management
|
||||||
|
</a>
|
||||||
|
</li>
|
||||||
|
<li class="toctree-l3">
|
||||||
|
<a class="reference internal" href="#opportunity-for-profit">
|
||||||
|
4.2.6. Opportunity for Profit
|
||||||
</a>
|
</a>
|
||||||
</li>
|
</li>
|
||||||
</ul>
|
</ul>
|
||||||
</li>
|
</li>
|
||||||
<li class="toctree-l2">
|
<li class="toctree-l2">
|
||||||
<a class="reference internal" href="#review-summary">
|
<a class="reference internal" href="#review-summary">
|
||||||
4.2. Review Summary
|
4.3. Review Summary
|
||||||
</a>
|
</a>
|
||||||
</li>
|
</li>
|
||||||
<li class="toctree-l2">
|
<li class="toctree-l2">
|
||||||
<a class="reference internal" href="#review-questions">
|
<a class="reference internal" href="#review-questions">
|
||||||
4.3. Review Questions
|
4.4. Review Questions
|
||||||
</a>
|
</a>
|
||||||
</li>
|
</li>
|
||||||
</ul>
|
</ul>
|
||||||
@@ -3459,92 +3491,95 @@ invoice alone is not sufficient to confirm self-employment status. Proper assess
|
|||||||
sto ensure accurate classification and compliance with tax and labor regulations.
|
sto ensure accurate classification and compliance with tax and labor regulations.
|
||||||
</p>
|
</p>
|
||||||
</section>
|
</section>
|
||||||
<section id="factors-determining-the-type-of-contract">
|
</section>
|
||||||
<h4>
|
<section id="factors-determining-the-type-of-contract">
|
||||||
Factors Determining the Type of Contract
|
<h3>
|
||||||
<a class="headerlink" href="#factors-determining-the-type-of-contract" title="Link to this heading">
|
Factors Determining the Type of Contract
|
||||||
¶
|
<a class="headerlink" href="#factors-determining-the-type-of-contract" title="Link to this heading">
|
||||||
</a>
|
¶
|
||||||
</h4>
|
</a>
|
||||||
<p>
|
</h3>
|
||||||
The CRA uses a two-step approach to examine the relationship between the worker and the
|
<p>
|
||||||
|
The CRA uses a two-step approach to examine the relationship between the worker and the
|
||||||
payer for relationships outside the province of Québec. The approach used for relationships
|
payer for relationships outside the province of Québec. The approach used for relationships
|
||||||
in the province of Québec will be discussed in a later chapter.
|
in the province of Québec will be discussed in a later chapter.
|
||||||
</p>
|
</p>
|
||||||
<p>
|
<p>
|
||||||
<strong>
|
<strong>
|
||||||
Step 1:
|
Step 1:
|
||||||
</strong>
|
</strong>
|
||||||
The first step is to establish what the intent was when the worker and the payer entered into
|
The first step is to establish what the intent was when the worker and the payer entered into
|
||||||
the working arrangement. Did they intend to enter into an employee-employer relationship
|
the working arrangement. Did they intend to enter into an employee-employer relationship
|
||||||
(contract of service) or did they intend to enter into a business relationship (contract for
|
(contract of service) or did they intend to enter into a business relationship (contract for
|
||||||
service). The CRA must determine not only how the working relationship has been defined
|
service). The CRA must determine not only how the working relationship has been defined
|
||||||
but why it was defined that way.
|
but why it was defined that way.
|
||||||
</p>
|
</p>
|
||||||
<p>
|
<p>
|
||||||
<strong>
|
<strong>
|
||||||
Step 2:
|
Step 2:
|
||||||
</strong>
|
</strong>
|
||||||
The CRA then considers certain factors when determining if a contract of service or a
|
The CRA then considers certain factors when determining if a contract of service or a
|
||||||
contract for service exists. In order to understand the working relationship and verify that the
|
contract for service exists. In order to understand the working relationship and verify that the
|
||||||
intent of the worker and the payer is reflected in the facts, they will ask a series of questions
|
intent of the worker and the payer is reflected in the facts, they will ask a series of questions
|
||||||
that relate to the following factors:
|
that relate to the following factors:
|
||||||
</p>
|
</p>
|
||||||
<blockquote>
|
<blockquote>
|
||||||
<div>
|
<div>
|
||||||
<ul class="simple">
|
<ul class="simple">
|
||||||
<li>
|
<li>
|
||||||
<p>
|
<p>
|
||||||
the level of control the payer has over the worker
|
the level of control the payer has over the worker
|
||||||
</p>
|
</p>
|
||||||
</li>
|
</li>
|
||||||
<li>
|
<li>
|
||||||
<p>
|
<p>
|
||||||
whether or not the worker provides the tools and equipment
|
whether or not the worker provides the tools and equipment
|
||||||
</p>
|
</p>
|
||||||
</li>
|
</li>
|
||||||
<li>
|
<li>
|
||||||
<p>
|
<p>
|
||||||
whether the worker can subcontract the work or hire assistants
|
whether the worker can subcontract the work or hire assistants
|
||||||
</p>
|
</p>
|
||||||
</li>
|
</li>
|
||||||
<li>
|
<li>
|
||||||
<p>
|
<p>
|
||||||
the degree of financial risk taken by the worker
|
the degree of financial risk taken by the worker
|
||||||
</p>
|
</p>
|
||||||
</li>
|
</li>
|
||||||
<li>
|
<li>
|
||||||
<p>
|
<p>
|
||||||
the degree of responsibility for investment and management held by the worker
|
the degree of responsibility for investment and management held by the worker
|
||||||
</p>
|
</p>
|
||||||
</li>
|
</li>
|
||||||
<li>
|
<li>
|
||||||
<p>
|
<p>
|
||||||
the worker’s opportunity for profit
|
the worker’s opportunity for profit
|
||||||
</p>
|
</p>
|
||||||
</li>
|
</li>
|
||||||
<li>
|
<li>
|
||||||
<p>
|
<p>
|
||||||
any other relevant factors, such as written contracts
|
any other relevant factors, such as written contracts
|
||||||
</p>
|
</p>
|
||||||
</li>
|
</li>
|
||||||
</ul>
|
</ul>
|
||||||
</div>
|
</div>
|
||||||
</blockquote>
|
</blockquote>
|
||||||
<p>
|
<p>
|
||||||
The CRA will look at the answers independently and then together and consider whether or
|
The CRA will look at the answers independently and then together and consider whether or
|
||||||
not they reflect the intent that was originally stated. Considered individually, the response to
|
not they reflect the intent that was originally stated. Considered individually, the response to
|
||||||
each of these questions is not conclusive; however, when weighed together, certain
|
each of these questions is not conclusive; however, when weighed together, certain
|
||||||
conclusions may be drawn. When there is no common intent, the CRA will decide if the
|
conclusions may be drawn. When there is no common intent, the CRA will decide if the
|
||||||
answers are more consistent with a contract of service or a contract for service.
|
answers are more consistent with a contract of service or a contract for service.
|
||||||
Each of these factors will be discussed in the material and indicators showing whether the
|
Each of these factors will be discussed in the material and indicators showing whether the
|
||||||
worker is an employee or self-employed will be provided.
|
worker is an employee or self-employed will be provided.
|
||||||
</p>
|
</p>
|
||||||
<p>
|
<section id="control">
|
||||||
<strong>
|
<h4>
|
||||||
Control
|
Control
|
||||||
</strong>
|
<a class="headerlink" href="#control" title="Link to this heading">
|
||||||
</p>
|
¶
|
||||||
|
</a>
|
||||||
|
</h4>
|
||||||
<p>
|
<p>
|
||||||
One of the key factors in determining a worker’s status is the extent to which the payer has the ability, authority, or
|
One of the key factors in determining a worker’s status is the extent to which the payer has the ability, authority, or
|
||||||
right to control both what work is performed and how it is carried out. Equally important is the level of independence the
|
right to control both what work is performed and how it is carried out. Equally important is the level of independence the
|
||||||
@@ -3626,11 +3661,14 @@ used—that holds the most weight in determining the nature of the working r
|
|||||||
</ul>
|
</ul>
|
||||||
</div>
|
</div>
|
||||||
</blockquote>
|
</blockquote>
|
||||||
<p>
|
</section>
|
||||||
<strong>
|
<section id="tools-and-equipment">
|
||||||
Tools and Equipment
|
<h4>
|
||||||
</strong>
|
Tools and Equipment
|
||||||
</p>
|
<a class="headerlink" href="#tools-and-equipment" title="Link to this heading">
|
||||||
|
¶
|
||||||
|
</a>
|
||||||
|
</h4>
|
||||||
<p>
|
<p>
|
||||||
Ownership of tools and equipment is not a definitive factor in determining the nature of a working relationship or the type
|
Ownership of tools and equipment is not a definitive factor in determining the nature of a working relationship or the type
|
||||||
of contract in place. While self-employed individuals often use their own tools to fulfill contractual obligations—making
|
of contract in place. While self-employed individuals often use their own tools to fulfill contractual obligations—making
|
||||||
@@ -3695,11 +3733,14 @@ replacement, and insurance, rather than mere ownership itself.
|
|||||||
</ul>
|
</ul>
|
||||||
</div>
|
</div>
|
||||||
</blockquote>
|
</blockquote>
|
||||||
<p>
|
</section>
|
||||||
<strong>
|
<section id="subcontracting-work-or-hiring-assistants">
|
||||||
Subcontracting Work or Hiring Assistants
|
<h4>
|
||||||
</strong>
|
Subcontracting Work or Hiring Assistants
|
||||||
</p>
|
<a class="headerlink" href="#subcontracting-work-or-hiring-assistants" title="Link to this heading">
|
||||||
|
¶
|
||||||
|
</a>
|
||||||
|
</h4>
|
||||||
<p>
|
<p>
|
||||||
As subcontracting work or hiring assistants can affect a worker’s chance of profit or risk of loss, this can help determine
|
As subcontracting work or hiring assistants can affect a worker’s chance of profit or risk of loss, this can help determine
|
||||||
the type of business relationship.
|
the type of business relationship.
|
||||||
@@ -3742,11 +3783,14 @@ the type of business relationship.
|
|||||||
</ul>
|
</ul>
|
||||||
</div>
|
</div>
|
||||||
</blockquote>
|
</blockquote>
|
||||||
<p>
|
</section>
|
||||||
<strong>
|
<section id="financial-risk">
|
||||||
Financial Risk
|
<h4>
|
||||||
</strong>
|
Financial Risk
|
||||||
</p>
|
<a class="headerlink" href="#financial-risk" title="Link to this heading">
|
||||||
|
¶
|
||||||
|
</a>
|
||||||
|
</h4>
|
||||||
<p>
|
<p>
|
||||||
When evaluating the nature of a working relationship, the Canada Revenue Agency (CRA) considers whether the individual
|
When evaluating the nature of a working relationship, the Canada Revenue Agency (CRA) considers whether the individual
|
||||||
incurs fixed, ongoing costs or unreimbursed expenses. In traditional employee arrangements, employers typically reimburse
|
incurs fixed, ongoing costs or unreimbursed expenses. In traditional employee arrangements, employers typically reimburse
|
||||||
@@ -3812,11 +3856,14 @@ relationship, reflecting the independence and financial responsibility character
|
|||||||
</ul>
|
</ul>
|
||||||
</div>
|
</div>
|
||||||
</blockquote>
|
</blockquote>
|
||||||
<p>
|
</section>
|
||||||
<strong>
|
<section id="responsibility-for-investment-and-management">
|
||||||
Responsibility for Investment and Management
|
<h4>
|
||||||
</strong>
|
Responsibility for Investment and Management
|
||||||
</p>
|
<a class="headerlink" href="#responsibility-for-investment-and-management" title="Link to this heading">
|
||||||
|
¶
|
||||||
|
</a>
|
||||||
|
</h4>
|
||||||
<p>
|
<p>
|
||||||
When assessing whether a business relationship exists, one important indicator is the worker’s financial investment in the
|
When assessing whether a business relationship exists, one important indicator is the worker’s financial investment in the
|
||||||
services they provide. If an individual is required to invest in equipment, materials, or other resources to complete the
|
services they provide. If an individual is required to invest in equipment, materials, or other resources to complete the
|
||||||
@@ -3861,11 +3908,14 @@ reflect the autonomy and financial risk typically associated with self-employmen
|
|||||||
</ul>
|
</ul>
|
||||||
</div>
|
</div>
|
||||||
</blockquote>
|
</blockquote>
|
||||||
<p>
|
</section>
|
||||||
<strong>
|
<section id="opportunity-for-profit">
|
||||||
Opportunity for Profit
|
<h4>
|
||||||
</strong>
|
Opportunity for Profit
|
||||||
</p>
|
<a class="headerlink" href="#opportunity-for-profit" title="Link to this heading">
|
||||||
|
¶
|
||||||
|
</a>
|
||||||
|
</h4>
|
||||||
<p>
|
<p>
|
||||||
A business relationship is often indicated when a worker has the ability to realize a profit or incur a loss, reflecting their
|
A business relationship is often indicated when a worker has the ability to realize a profit or incur a loss, reflecting their
|
||||||
control over the financial and operational aspects of the services they provide. Self-employed individuals typically
|
control over the financial and operational aspects of the services they provide. Self-employed individuals typically
|
||||||
|
Reference in New Issue
Block a user