Payments related to the death of your employee
Content has been updated for clarity, completeness and plain language. No changes were made to the existing legislative requirements.
You may pay amounts related to salary and wages to your employee after their death or death benefits to recognize their service.
Determine your withholding and reporting obligations depending on the nature of the payment:
- Death benefit
- Payments made after death (employment income you owed to your employee before their death)
Steps
Determine which deductions you need to withhold from the payment made after death
Determine if you need to withhold income tax
You must determine if you need to withhold income tax from the payment made after death.
Withhold
- Salary and wages, accumulated vacation pay, taxable benefits, and any other amounts that were earned by and owed to the employee up to the date of death even if they are paid in the year after death
- Payments for retroactive adjustments to employment income when a collective agreement or other authorizing instrument has been signed before the date of death
Do not withhold
- Salary, wages, or other pay accumulated after the date of death
- Payments for retroactive adjustments to employment income when a collective agreement or another authorizing instrument has been signed after the date of death
Determine if you need to withhold CPP contributions
You must deduct CPP contributions up to and including the last pay dated in the month in which your employee died.
You must also deduct CPP contributions from any amounts and benefits that are earned before the death of your employee and not yet paid to your employee on the date of death.
For example, if your employee died on March 20, 20X5, you must stop deducting CPP contributions from the last pay dated in the month of March 20X5.
How to prorate
When prorating, use the number of months from January up to and including the month of death.
Determine if you need to withhold EI premiums
You must deduct EI premiums from amounts paid up to the date of death.
Do not deduct EI premiums from amounts earned before the death of your employee (such as salary, banked overtime, a bonus, or vacation pay) and not yet paid at the time of death.
Learn more: How to calculate
Report the death benefit on a T4 slip
You must report payments made after the death in the name of your employee on a T4 slip:
- Box 14 – Employment income
- Box 24 – EI insurable earnings
- Box 26 – CPP/QPP pensionable earnings
- Box 56 – PPIP insurable earnings if your employee worked in the province of Quebec
- Any applicable codes for taxable benefits
Learn more: T4 slip – Information for employers
References
Related
Legislation
- ITA: 5(1)
- Income from office or employment
- ITA: 6(1)
- Amounts to be included as income from office or employment
- ITA: 56(1)(a)
- Death benefits included in the income of the recipient (often the estate or beneficiary)
- ITA: 153(1)
- Withholding
- ITA: 248(1)
- Definition of a death benefit
- CPP: 6(1)(a)
- Pensionable employment
- IECPR: 2(1)
- Amount of insurable earnings
- IECPR: 2(3)
- Amounts not included in insurable earnings
