Every January or February, the manager, the accountant or the administrator of the co-ownership syndicate must complete, at the request of the co-owners concerned, the form TPZ-1029.MD.5-V for the tax credit for home support services for seniors. Completing this form requires an analysis of the accounting books to use only eligible expenses. This work can take a lot of time, depending on the volume of transactions of the condominium. It is tempting to charge the co-owner requesting this form a fair amount of professional fees for the production of the said document. Especially that in condominiums, the trend is according to the user-pays principle. Can we do it?
Completing the form is a legal obligation. In addition, if the syndicate does not complete the form for the last day of February of the year following the year covered by the form, it is liable to a penalty of $ 25 per day late, up to a maximum of $ 2,500.
Therefore, the syndicate is required to return the form to the person 70 years of age and over who requests it. The manager or accountant who completes the document may charge professional fees to the condominium syndicate, but what about the co-owner? Can we charge him fees?
After a discussion with Me Yves Joli-Coeur, of Dunton Rainville law firm, we came to the conclusion that the condominium syndicate must produce form TPZ-1029.MD.5-V and give it to the co-owner who requests it. On the other hand, a co-ownership by-law could provide that the syndicate charges a monetary contribution to issue the form and then the co-owner under this by-law must pay the compensation. However, note that even if you have a by-law, you cannot retain the form, even if the contribution is not paid. You will make your collection efforts afterwards.
Aline Desormeaux, CPA auditrice, CA
Désormeaux Patenaude inc
1312 Sherbrooke est
Montréal, Québec H2L 1M2
Téléphone : 514 522-2232 EXT. 207
[email protected]
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