Registered plan withdrawals target rich environment for bank employee fraudster
How far back can they make you go?
There's no statute of limitations if you haven't filed tax returns. Could be 15 years, or 50, if that's what CRA demands when you register a voluntary disclosure. There's a form for that now, that you submit and the program has been so successful, there's a substantial wait for approval and likely no one to talk to unless you get lucky when you call.
Step # 1 - Gather all the financial transactions and paperwork for everything for all the years, both business and personal. EVERYTHING. All accounts, all debts, all credit, all assets, investments, all deposits, purchases, payments, EVERYTHING. Contracts, correspondence, journals, logs of km's, (lucky break?)
Step #1a - Dump all the boxes out, or empty the binders and remove staples to establish a filing system in new bankers boxes with lids. You're going to be living with those boxes for months if not years. Get rid of the bugs in the old boxes asap, yes old boxes have spiders and fleas. Did you know there's paper fleas? You might want to spray everything with insecticide before you bring it in. Especially if those boxes were stored under the house or in the attic or out in the garage.
Step #2 - Contact CRA to establish a voluntary disclosure. Get approval or work thru anger as client realizes the penalties and interest will apply because they were already contacted and now it's too late.
Step #3 - Get a retainer for the work - if you go week by week, reporting on progress, and requiring more information before continuing, and the client stops delivering either more information, paperwork, or additional funds, dump them. Don't expect to do the work and get paid later. That won't be happening.
Step #4 - Sort it all out. This is where my training videos can help. I have a great system for working with clients like this, as QuickBooks allows you to enter all the years, there's no year end closes, you just enter everything until it reconciles. But that requires a system and being able to find everything again to reconcile. This is where a great Sort-All (they cost about $30 in Staples) comes in very handy.
Step #5 - Start recording the bank and credit card statements, recording everything that is business related (get the client to tell you this with a B beside everything business) and code everything, all purchases to Accounts Payable by Supplier name and all deposits to Accounts Receivable by Customer name. Everything has to be NAMED.
Step #6 - Reconcile the bank and Visa accounts. This is where you have the conversation about missing months and require them to go back to all the financial institutions to get all those missing months / years... this costs them.
Step #7 - Start entering sales and clearing the deposits against the sales. This is where you discover nothing matches and your client isn't telling you the whole story.
Step #8 - Start entering purchases and clearing payments against purchases. This is where you discover that nothing matches and your client isn't telling you the whole story. Then you start the process of requiring them to contact suppliers to get copies of everything they paid for that's missing documentation.
Step #9 Demand to see their personal banking as well as the business accounts. This is where you find those missing deposits for sales, and deposits for which there's no explanation, and where you find payments for business purchases in the personal banking.
Step #10 - Decide client should have registered for GST/HST or PST way back when and start that process. This is where you have the discussion about how they have to register, but they aren't going to be able to claim their ITC's for more than 4 years back, but they'll have to calculate the GST/HST to be paid out of the invoicing to their customers, or charge the customers and collect... Oh joy.
Step #11 - Same for payroll and WCB - there's employees - but nothing withheld or remitted
Step #12 - Still with me? It's been months...If you get this far you're totally amazing and have the patience of a Saint. Your office will look like invasion of the bankers boxes (no not body snatchers), and there will likely be as many boxes as there are years outstanding if sales were anywhere from $30,000 to $100,000, more if sales were higher. Usually sales aren't higher because people who aren't filing also aren't getting loans or credit and have to pay for everything up front. This takes way more time and energy than having credit so there's no time left to make more sales than that. It takes a lot of energy to fly under the radar.
Are those commissions you're earning from clicks on your website taxable?
Probably not if the payer is not resident, and not a registrant, as in Amazon.com, Google.com
But... if you are advertising for a US corporation that is controlled in Canada, that might make a difference.
To be sure, you can ask them to provide you with confirmation of their status in writing.
Here's where you'd look for the rules!
GST/HST Memoranda Series 4.5.3 para 16-17 has zero rating provisions.
If you meet those, you should obtain Appendix A letter proof of non residence in Canada in GST/HST Memoranda Series 4.5.1.
http://www.cra-arc.gc.ca/E/pub/gm/4-5-3/README.html
If you don’t meet criteria for zero rating then you look to P 18-24 and advertising specifically para 25-27
If you don’t meet the zero rating provisions in para 16/17, it’s necessary to get Appendix B letter proof of non residence and non registrant status from the provider of the commission.
Appendix A & B letter are found in GST/HST Memoranda Series 4.5.1.
http://www.cra-arc.gc.ca/E/pub/gm/4-5-1/README.html
I found out that less is more in the CRA search engine. If you type in GST/HST Memoranda Series and the number, you don't get anything, but if you just type in 4.5.3 you get what you want. Less is more; at least today...
Links for tonight's workshop at Hycroft House
Working in the cloud?
Who else can see what you're doing? Where exactly is your data stored? Which country? Or is it on the moon? Who really knows? Maybe Chris Hadfield can fill us in...
Last night I did a presentation on QuickBooks Online for accountants at the Fraser Valley CGA Computer User Group. Accountants may be invited to participate in QBOnline by their clients for free. Exactly what does that mean to accountants? How can they participate securely? Do they want to participate?
No one in the group is willing to download their own online banking into a program on the cloud stored in another country just yet. I'm not surprised by that. But how many of their clients already do? There's all these free accounting programs out there willing to ask you to sign in to your bank and download your transactions for free. Where exactly is that stored? One does wonder... And who are these people that own these companies? Intuit has been around for years, and we think we know them, but do we really? And what about the others hoping to break into the market? Wave, FreshBooks, etc.
See my Productivity Tools page under "Free Stuff" on my website for links to many of these tools, many are APPs you can load to your mobile devices.
There was an article I found on another blog that someone asked me to post so here's the link!
CFO.COM article on why CFO's should oversee company cloud initiatives
Terms of services, unauthorized use of cloud-based tools and programs and acceptable policies and procedures for cloud products and services need to be stick handled by someone who knows how to set controls in place and manage corporate activity on the cloud.
The Bottom Line April 2013 had an article about Hackers looking to 'spear' small businesses. Richard Morochove, FCA of Morochove & Associates Inc. wrote about how the bank will be attempting to call you to confirm if there is suspicious transactions, and the fraudsters will use TD0s attacks, automated dialing programs to override your ability to call or receive calls on your phone. Nasty.
Richard recommended you don't use your PC to perform online banking, keep your software up to date for Malware and Virus catching, and change your passwords frequently. That, and perform full scans frequently and know what to do, or who to call should you be infected or attacked.'
When was the last time you changed your banking passwords? Where are your passwords stored?
PST filing deadline for first month's sales in April 2013 is looming...
Ministry of Finance
www.gov.bc.ca/consumertaxes/