CRA loses fight with construction foreman over drive-to-work expenses — via financialpost Taxes PersonalFinance Work CRA
The taxpayer’s employer is involved in the construction business and builds houses and townhouses. As a foreman with the company, the taxpayer was responsible for a crew of 17 people. During 2017, the company carried on approximately 50 projects at numerous construction sites. According to the taxpayer’s testimony, tool maintenance was an important part of his employment duties as foreman because his crew needed to have the proper tools and equipment to complete work each morning.
The company required the taxpayer to bring its tools, equipment and materials home with him each night to secure them in his garage , to repair any broken tools and equipment and to deliver tools, equipment and materials to its worksites the next morning for work. The taxpayer used a designated spot in his garage to store and repair his employer’s tools, equipment and materials.Article content
On a typical workday morning, the taxpayer would go to his garage, load his employer’s tools, equipment and materials into his truck and determine which worksites he and his crew were required to work at that day. He would then drive to the assigned worksite and ensure that his crew was set up and organized for work. Occasionally, during the day, he would be required to transport some of his crew and tools and equipment to another worksite.
At the end of each workday, the company required the taxpayer to load up all of its tools, equipment and materials from the worksite into his truck and take them home to his garage. He would unload the tools, equipment and materials in the designated spot in his garage, clean the tools and equipment, and repair them as needed. Because tools were often broken during a workday, he had to regularly repair tools in his garage at night.
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