A Guide to Understanding and Claiming the Disability Tax Credit:

Transcription

1 A Guide t Understanding and Claiming the Disability Tax Credit: The Gvernment f Canada ffers a variety f tax benefits t peple with disabilities. These benefits are prvided under the assumptin that peple with disabilities will have unavidable, additinal expenses that are nt faced by ther taxpayers. The Disability Tax Credit (DTC) is intended t act as a fairness measure fr peple with disabilities 1 and their families. As such, it is designed t help ffset the additinal expenses assciated with having a severe and prlnged impairment in physical r mental functins, which markedly restricted a persn s ability t perfrm at least ne basic activity f daily living. Fr the year 2010, the DTC amunt is $7, This amunt is multiplied by a persn s tax rate t determine the actual dllar benefit that they will receive. The DTC als includes a supplement fr peple under the age f 18. In 2010, the supplement amunt is $4,223. This supplement may be reduced if, in 2010, smene claimed child care expenses r attendant care expenses fr the individual. It may als be reduced if the taxpayer with a disability claims attendant care expenses fr himself. In ttal, fr the year 2010, the DTC plus supplement culd represent up t $1,719 2 being returned t an individual taxpayer. The Disability Tax Credit came int being in 1988 as a nn-refundable tax credit. Being nn-refundable means that it is designed t help t reduce a persn s taxable incme t zer. If the applicatin f the credit results in a negative tax wing, n refund is issued. Hwever, any amunt f the disability tax credit that is nt needed by the persn with the disability t reduce their taxes payable t zer can be transferred t a supprting persn. A supprting persn may be able t claim all r part f their dependant's disability amunt if the persn with a disability was resident in Canada at any time in 2010 and was dependent n the supprting persn fr sme r all f the basic necessities f life (fd, shelter, r clthing). A supprting persn can be a spuse r cmmn-law 1 Technical Advisry Cmmittee n Tax Measures fr Persns With Disabilities, 2 ($ X 15%)

2 partner, r a parent, grandparent, child, grandchild, brther, sister, aunt, uncle, nephew r niece f the individual. One f the features f the DTC is that if a taxpayer failed t claim it fr a particular taxatin year, they can back-file fr up t 10 years and receive full benefit fr each f thse years. This can result in substantial amunts f mney being received by peple with disabilities r by peple wh have prvided supprt t them. Over the past several years, a number f rganizatins 3 have been created with the stated purpse f assisting individuals in applying fr these credits. The implicatin is that the prcess is very difficult and shuld nt be attempted by the Canadian public. Sme als imply that they have inside infrmatin r cntacts with Canada Revenue Agency and that withut their invlvement, peple will nt be able t access all f the credits available t them. They ften entice peple int dealing with them by ffering Free Cnsultatins. Sme f these rganizatins have been knwn t charge a fee f up t 30% f any taxes recvered. In real terms, this means that individuals ften find themselves paying thusands f dllars fr smething that they culd d n their wn fr the cst f a pstage stamp. In fact, says Canada Revenue Agency s spkesman Philippe Brideau: 4 the applicatin prcess fr the Disability Tax Credit is nt cmplicated, A persn can keep their wn mney by simply fllwing the applicatin prcess themselves. Hwever, if peple are uncmfrtable with cmpleting the prcess themselves, they culd utilize the services f a fully qualified Chartered Accuntant and pay a few hundred dllars in fees. The intent f this infrmatin package is t demystify the prcess f determining a persn with Cerebral Palsy s eligibility t receive the DTC and t guide peple tward claiming the full credit that they are entitled t. The expectatin is that peple will be able t spend a few minutes f their wn time t read and fllw this dcument s 3 Listing available via authr at graeme@fcp.n.ca 4 The Trnt Star, Print Article January 5, 2011

3 instructins t access ptentially thusands f dllars that may be available t them frm the Gvernment f Canada. Qualifying fr the Disability Tax Credit: The Disability Tax Credit is available t peple wh have a severe and prlnged physical r mental impairment. Because f that impairment, the individual must be markedly restricted all r substantially all f the time in their ability t perfrm a basic activity f daily living, r wuld be markedly restricted were it nt fr extensive therapy they receive t sustain a vital functin. 5 Under the Canada Revenue Agency s definitin 6, a prlnged impairment has lasted r is expected t last, fr a cntinuus perid f at least 12 mnths. Markedly Restricted means that all f the time r substantially all f the time a persn is unable (r it takes an inrdinate amunt f time) t perfrm ne r mre f the basic activities f daily living even with therapy (ther than life-sustaining therapy t supprt a vital functin) and the use f apprpriate devices and medicatin. Canada Revenue Agency has indicated that as a guideline, substantially all f the time means that the restrictins in activity are present 90% f the time r mre. 7 All f this infrmatin is reprted t Canada Revenue Agency via the T2201 Disability Tax Credit Certificate. A persn may be eligible fr the disability amunt if a qualified practitiner certifies n Frm T2201 Disability Tax Credit Certificate, that yu have a prlnged impairment, and that the effects f the impairment are such that ne f the fllwing applies: Yu are blind, even with the use f crrective lenses r medicatin. Yu are markedly restricted in any ne f the fllwing basic activities f daily living: speaking; 5 Technical Advisry Cmmittee n Tax Measures fr Persns With Disabilities, pg. 3 6 CRA Frm T2201 E (10) 7 Technical Advisry Cmmittee n Tax Measures fr Persns With Disabilities,

4 hearing; walking; eliminatin (bwel r bladder functins); feeding; dressing; r perfrming the mental functins necessary fr everyday life. Yu need, and must dedicate a certain amunt f time specifically fr, lifesustaining therapy t supprt a vital functin. Fr 2005 and later years-yu d nt quite meet the criteria fr blind r markedly restricted, but the fllwing cnditins apply: because f yur impairment, yu are significantly restricted in tw r mre basic activities f daily living, r yu are significantly restricted in visin and at least ne f the basic activities f daily living, even with apprpriate therapy, medicatin, and devices; these significant restrictins exist tgether, all r substantially all the time; and the cumulative effect f these significant restrictins is equivalent t being markedly restricted in a single basic activity f daily living. The Disability Tax Credit Certificate (Frm T2201): In rder t apply fr the Disability Tax Credit, infrmatin relating t yur disability must be reviewed by Canada Revenue Agency. This infrmatin is cllected n frm T2201, Disability Tax Credit Certificate which is submitted t CRA. This frm can be btained n line at In rder t assist an individual in determining whether r nt they may qualify fr the DTC, the T2201 frm cntains a self-assessment questinnaire. This questinnaire may be useful in helping a persn decide n hw t prceed with the applicatin.

5 It shuld als be nted that the Disability Tax Credit Certificate is a requirement fr participatin in the Registered Disability Savings Plan. Therefre, even if a persn desn t need the Disability Tax Credit (due t incme levels) there is significant benefit in qualifying fr it. If a persn needs assistance in filling ut the frm and if they wish t appint anther individual r rganizatin as their Representative fr incme tax matters, they must cmplete CRA s frm T1013, Authrizing r Cancelling a Representative. This frm can be fund n the web at The cmpleted frm will allw the named representative t have access t yur recrds with CRA and t act n yur behalf with respect t issues surrunding yur tax matters. The T2201, Disability Tax Credit Certificate applicatin frm itself is cmpleted in tw parts. The persn with the disability r their representative cmpletes part A. It utlines infrmatin abut the persn with the disability such as their name address, Scial Insurance Number (SIN #) and date f birth. If the DTC is being transferred t a supprting persn then infrmatin abut that persn is als cllected. That infrmatin cnsists f their relatinship t the persn with the disability, their name address and SIN number. Further, the frm cllects infrmatin regarding the financial relatinship between the persn with the disability and the persn claiming the disability credit if it is nt the persn with the disability. It is nt necessary that the persn with the disability lives with the persn claiming the credit but there must be a financial link with respect t the basic necessities f life such as fd, shelter, r clthing. Once Part A f the T2201 frm is cmpleted, the entire dcument is frwarded t yur qualified medical practitiner. The apprpriate medical practitiner depends upn the cnditin that is being examined and cmmented upn. The fllwing chart will assist in determining the practitiner t whm the frms are t be sent.

6 CONDITION: Visin Speaking Hearing Walking Eliminatin (bladder r bwel functins) Feeding Dressing Perfrming the mental functins necessary fr everyday life Life-Sustaining therapy t supprt a vital functin Cumulative effects f significant restrictins QUALIFIED PRACTITIONER: Medical Dctr r Optmetrist Medical Dctr r Speech-Language Pathlgist Medical Dctr r Audilgist Medical Dctr, Occupatinal Therapist, Physitherapist (physitherapist can certify nly fr years 2005 and later) Medical Dctr Medical Dctr r Occupatinal Therapist Medical Dctr r Occupatinal Therapist Medical Dctr r Psychlgist Medical Dctr Medical Dctr r Occupatinal Therapist (Occupatinal Therapist can nly certify fr walking, feeding and dressing) Once the frm is received by yur chice f qualified practitiner, he r she will examine the dcument t determine the apprpriate categries t be cmpleted regarding yur disability. Canada Revenue Agency has prvided a web site ( that is designed t assist them in cmpleting the frms. The practitiner will determine whether the effects f the cnditin are severe and prlnged and whether r nt the persn is markedly restricted in perfrming activities f daily living thrugh the answering f the varius questins n the frm. The categries f cnditins are: Visin, Hearing, Walking, Eliminatin (bwel r bladder functins), Feeding, Dressing, Perfrming the mental functins necessary fr everyday life, Life-Sustaining Therapy and the Cumulative effects f significant restrictins (after 2005). He r she will als indicate the date n which the marked restrictin began and CRA uses this date as the date upn which a persn became eligible fr the credit if they are apprved. This date is nt necessarily the date f the diagnsis.

7 In Ontari, the cmpleted and signed T2201 frm is frwarded t Canada Revenue Agency at: Disability Tax Credit Unit Sudbury Tax Centre 1050 Ntre Dame Avenue Sudbury, ON P3A 5C1 It is always a gd idea t keep a cpy f all dcuments sent t Canada Revenue Agency. If the riginal dcuments are lst, yu will have a cpy t re-submit. On ccasin, Canada Revenue Agency may decline yur request fr the Disability Tax Credit based n the infrmatin submitted. If this is the case, a persn with a disability has the right t submit additinal infrmatin that may be relevant t the situatin. If this fails t prduce a psitive result, a Frmal Objectin can be launched t appeal the decisin. Instructins relating t the frmal bjectin prcess is available n the T2201 frm. Re-file fr Prir Years: Upn apprval f the DTC, the Incme Tax Act allws the persn with the disability r their supprting persn t re-file their incme tax returns fr up t 10 years when they failed t take advantage f the credit. This culd prvide thusands f dllars f tax repayments t the individuals invlved. T request a review f the prir years fr which a persn was eligible is an extremely simple prcess. All that is required is a letter t CRA cntaining the details f the request such as the years invlved and ther identifying infrmatin. A representative at CRA will cmplete all the calculatins that are necessary t prcess a refund Cheque. It culd take up t 6 mnths fr the refund t arrive but it is well wrth the wait. This request can easily be made by the individual

8 with the disability r their supprt persn withut the interventin f the Tax Re-File cmpanies that have sprung up in the last few years. It is suggested that peple keep the cmmissins f up t 30% f the refund fr themselves by simply fllwing the prcess as utlined abve. Filing fr Future Years: Once the Disability Tax Credit has been apprved, peple can nt nly re-file fr prir years but they can als claim the credit in future years. When cmpleting the incme tax return, either the persn with the disability (if they have taxable incme t be reduced t zer) r the supprting persn can claim the credit. If the persn with the disability is claiming the credit, it is recrded n line 316 f the Incme Tax Return. If it is being claimed by a supprting persn, it is recrded n line 318. The claiming f the credit will reduce the taxes payable in the current year and if the Disability Tax Credit Certificate is issued n a permanent basis, fr every year in the future. In summary, the Disability Tax Credit is smething that every persn with a disability shuld examine. It is simple t apply fr and can prvide sme significant dllar advantages t individuals and their families. If yu are uncmfrtable with cmpleting the paperwrk n yur wn, dn t hesitate t cntact a qualified Accuntant fr assistance but remember that yu can d it yurself fr next t n cst.