National Post

Teachers get their own tax break

- Jamie Golombek Tax Expert Financial Post Jamie. Golombek@ cibc. com Jamie Golombek is the managing director, tax and estate planning, with CIBC Wealth Strategies Group in Toronto.

September not only marks the return to school f or students, but also has teachers heading back to the classrooms after a two- month hiatus. But this fall, eligible teachers may have a bit more cash in their pockets courtesy of the recently introduced “Teacher and Early Childhood Educator School Supply Tax Credit.”

Announced formally in the 2016 budget, the new credit is meant to compensate teachers and early childhood educators who often incur personal, unreimburs­ed costs to purchase teaching supplies to enhance t he students’ classroom learning environmen­t.

The new tax break, for 2016 and future tax years, allows eligible educators to claim a 15- per- cent refundable tax credit for up to $ 1,000 in qualifying school supply expenses each year. For the cost of supplies to qualify, employers will be required to certify that the supplies were purchased “for the purpose of teaching or otherwise enhancing learning in a classroom or learning environmen­t.” Educators should retain their receipts in case they need to be verified.

This new credit l i kely came about as a result of years of teachers’ frustratio­ns with their inability to deduct employment expenses. Under the Income Tax Act, an employee can only deduct “the cost of supplies that were consumed directly in the performanc­e of the duties of ... employment and that the ... employee was required by the contract of employment to supply and pay for.”

In other words, to deduct employment expenses, such as non-reimbursed supplies, you need your employer’s acknowledg­ement that you were i ndeed required to pay those expenses. This requiremen­t must be certified by your employer on Form T2200.

In 2010, the CRA was asked by one of Canada’s education boards whether it should be completing the T2200 forms for teachers who spent their own personal money on teaching supplies, but were not reimbursed.

While each case is different, the CRA pointed to factors used in previous tax cases, such as whether or not the failure to purchase supplies could result in terminatio­n of employment, a poor performanc­e review or other disciplina­ry action.

The CRA concluded that it expects employers to complete a T2200 “in situations where the employees have reasonable grounds to make the related claims.” However, it would not expect an employer to complete the form if there was “no express or implied requiremen­t” for the employee to supply and pay for teaching supplies.

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