Sole Proprietorship and Business Methods
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Questions and Answers

A non-profit organization's income is subject to income tax.

False

To qualify as a charity, an organization must register under the ITA.

True

A main requirement for a charity is that it must promote a private benefit.

False

NFP corporations gain the capacity rights similar to those of a natural person.

<p>True</p> Signup and view all the answers

To be recognized as a charity, an organization only needs to have a charitable object.

<p>False</p> Signup and view all the answers

The provisions in letters patent that conflict with the ONCA are automatically amended.

<p>True</p> Signup and view all the answers

Non-profit organizations can only be established as incorporated entities.

<p>False</p> Signup and view all the answers

NFP organizations must ensure that their by-laws conflict with new legislation at all times.

<p>False</p> Signup and view all the answers

Partners in a partnership are liable only for their own negligence.

<p>True</p> Signup and view all the answers

A partner's interest in a partnership can be sold as an interest in individual assets.

<p>False</p> Signup and view all the answers

Judgments against an LLP for negligence are enforceable against all partners.

<p>False</p> Signup and view all the answers

Co-owners are considered agents for each other in a business context.

<p>False</p> Signup and view all the answers

The income of a partnership is not taxed as a separate entity.

<p>True</p> Signup and view all the answers

Decisions can be made by majority rule in a partnership, even against the will of the minority.

<p>True</p> Signup and view all the answers

If co-owners want to make binding business decisions, they must form a partnership.

<p>False</p> Signup and view all the answers

The capital cost allowance (CCA) is a deduction considered in computing the income of a partnership.

<p>True</p> Signup and view all the answers

Co-ownership implies a legal partnership between the owners.

<p>False</p> Signup and view all the answers

A corporation is a legal entity separate from its shareholders.

<p>True</p> Signup and view all the answers

Shareholders in a corporation have unlimited liability for the corporation's debts.

<p>False</p> Signup and view all the answers

In a co-ownership, each co-owner has the ability to dispose of their share without agreement from other co-owners.

<p>False</p> Signup and view all the answers

Corporations can incur liabilities that exceed the value of their assets.

<p>True</p> Signup and view all the answers

Shareholders own the property of the corporation directly.

<p>False</p> Signup and view all the answers

Ontario imposes a corporate minimum tax based on financial statement income.

<p>True</p> Signup and view all the answers

The rights and liabilities of a corporation are the same as those of its shareholders.

<p>False</p> Signup and view all the answers

A sole proprietor is required to register their business name if it is different from their own name.

<p>True</p> Signup and view all the answers

Sole proprietors can limit their personal liability exposure solely through contracts.

<p>False</p> Signup and view all the answers

The first fiscal period for a newly established sole proprietorship can end on any date chosen by the proprietor.

<p>False</p> Signup and view all the answers

A sole proprietor does not need to report income from their business in the first fiscal year if they do not voluntarily disclose it.

<p>False</p> Signup and view all the answers

A franchisor can expand operations more quickly by utilizing its own financial resources.

<p>False</p> Signup and view all the answers

There is normally a fiduciary duty owed by a franchisor to a franchisee.

<p>False</p> Signup and view all the answers

Leave of the court is necessary for a sole proprietor to defend an action under a name that is not registered.

<p>True</p> Signup and view all the answers

Municipal, provincial, and federal licensing requirements do not need to be reviewed by sole proprietors before commencing business.

<p>False</p> Signup and view all the answers

Franchise agreements that impose restrictions on the franchisee can be challenged if they are seen as a restraint of trade.

<p>True</p> Signup and view all the answers

Sole proprietorships can operate without a defined fiscal year.

<p>False</p> Signup and view all the answers

A master franchising relationship allows one party to operate multiple outlets in a specified area.

<p>True</p> Signup and view all the answers

Franchisees do not have any recourse against franchisors for unauthorized control over their businesses.

<p>False</p> Signup and view all the answers

The income from the first fiscal period must be reported in the next fiscal year's tax return.

<p>True</p> Signup and view all the answers

Franchisors face challenges in predicting franchisee cash flow due to compensation complexities.

<p>True</p> Signup and view all the answers

Franchising arrangements can only take the form of single outlet agreements.

<p>False</p> Signup and view all the answers

Franchising allows franchisees to utilize their own capital for establishing outlets.

<p>True</p> Signup and view all the answers

In a co-ownership arrangement, each partner is entitled to claim CCA based on their own tax circumstances.

<p>True</p> Signup and view all the answers

Capital gains and interest losses cannot flow through a partnership to the partners.

<p>False</p> Signup and view all the answers

Limited partners in a partnership are allowed full deductions of business losses regardless of their investment.

<p>False</p> Signup and view all the answers

Taxable income may influence a co-owner's decision to claim CCA in the current year or defer it to a later year.

<p>True</p> Signup and view all the answers

Each partner's share of income or loss is not included in computing their tax income.

<p>False</p> Signup and view all the answers

Recent legislative changes have clarified the allocation of CCA within partnerships.

<p>True</p> Signup and view all the answers

Partners in a limited partnership have complete flexibility in claiming losses without any limitations.

<p>False</p> Signup and view all the answers

Partnerships can act as tax shelters for investors under specific circumstances.

<p>True</p> Signup and view all the answers

Study Notes

Sole Proprietorship

  • A sole proprietorship is the simplest business structure
  • It is relatively inexpensive to set up and requires few legal formalities
  • The owner is solely responsible for all business debts and obligations
  • All business income and assets belong to the owner
  • Limited liability is not offered; personal assets are at risk
  • Licensing requirements vary by jurisdiction
  • The Business Names Act (BNA) in Ontario requires registration if operating under a name other than the owner's
    • This includes trades, occupations, professions, services, and ventures with profit motives.
    • Should be registered in Ontario's Business Registry.

Methods of Carrying on Business

  • The federal Income Tax Act (ITA) mandates that individuals with business income report on a calendar year basis.

  • Individuals can opt for a non-calendar fiscal year—provided the Minister of National Revenue agrees—to maximize income deferral.

  • Section 34.1 of the ITA regulates non-calendar-year income calculations; it necessitates effectively calculating income on a calendar year basis.

  • The example illustrates the calculation of income across a sole proprietor's fiscal and calendar year to ensure timely and accurate tax reporting

Partnerships

  • A partnership is formed when two or more individuals or corporations conduct business together with profit as the objective
  • Partners are each individually liable for all partnership debts.
  • Types:
    • General partnerships
    • Limited liability partnerships (LLPs)
    • Limited partnerships
  • The Partnerships Act and the Limited Partnerships Act govern these types in Ontario
  • Partners are agents for one another, holding authority concerning the business
  • Partnership profits/losses are passed through to individual partners

Corporations

  • A corporation is a separate legal entity distinct from its owners (shareholders).
  • Shareholders' liability is limited to their investment
  • Corporations can own property, conduct business, and incur obligations
  • Each year, the corporation's income must be reported and taxed separately from that of its owners.

Joint Ventures

  • A joint venture is a collaborative effort by two or more parties for a specific purpose or project, not a formal business entity; parties share responsibilities and profits.
  • The specific terms and circumstances are outlined in agreements.

Franchises

  • Franchises are contractual arrangements allowing one party (franchisee) to use another's (franchisor's) business model, brand, and operating methods.
  • The franchisee pays fees and typically complies with the franchisor's standards
  • The franchisor actively involves itself in the franchisee's day-to-day operations and business
  • The Arthur Wishart Act (Franchise Disclosure), 2000 (AWA) in Ontario requires franchise disclosure documents to prospective investors.

Not-for-Profit/Charitable Organizations

  • Not-for-profit (NFP) organizations and charities are different types of entities.
  • NFPs typically engage in activities that benefit the community (e.g., social clubs, professional groups).
  • Charities must be registered under the Income Tax Act to qualify for tax-exempt status and must comply with regulatory requirements

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Description

This quiz covers the fundamentals of sole proprietorships, including their structure, legal requirements, and financial responsibilities. It also discusses methods of carrying on a business and relevant tax regulations under the Income Tax Act. Test your understanding of these essential business concepts.

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