Evidence of meeting #72 for Finance in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was income.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Yves Gingras  Chief, Employment and Education, Personal Income Tax Division, Tax Policy Branch, Department of Finance
William Gleberzon  Associate Executive Director, Canadian Association of Retired Persons
Bill Trasher  Spokesperson, Canadians Asking for Social Security Equality
Andrew Auerbach  Tax Policy Officer, Corporate and International Tax, Tax Legislation Division, Tax Policy Branch, Department of Finance

12:20 p.m.

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

If we're going to allow points of order during a meeting—She's insulting the other members of this committee. This committee works hard. We've already had meetings on this bill. If the member decides to show up on any day and turn the committee upside down just because she wasn't present or wasn't able to read the minutes of the previous meeting we had on this bill, I find it unacceptable, and I find it unacceptable that we can debate during votes.

12:20 p.m.

Conservative

The Chair Conservative Brian Pallister

Again, what Mr. Pacetti is pointing out is quite accurate, and it's totally unacceptable for Mr. Pacetti to be talking while we're trying to have a vote.

Let's proceed with the vote, as we previously indicated.

(Bill C-253 agreed to: yeas 6; nays 5)

Shall the chair report the bill as amended to the House?

12:20 p.m.

Some hon. members

Agreed, on division.

12:20 p.m.

Conservative

The Chair Conservative Brian Pallister

Shall the committee order a reprint of the bill as amended for the use of the House at report stage?

12:20 p.m.

Some hon. members

Agreed, on division.

12:20 p.m.

Conservative

The Chair Conservative Brian Pallister

Thank you very much, Mr. McTeague.

12:25 p.m.

Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Thank you, everybody.

March 20th, 2007 / 12:25 p.m.

Conservative

The Chair Conservative Brian Pallister

Could the next witnesses please come forward as quickly as possible?

We'll now continue pursuant to the order of reference

of Monday December 4, 2006 with respect to Bill C-305, An Act to amend the Income Tax Act (exemption from taxation of 50% of United States social security payments to Canadian residents)

We have several witnesses with us today, including our colleague Mr. Jeff Watson, who I will invite to speak for no more than five minutes.

Mr. Watson, I'll indicate to you and to other witnesses when there is a minute remaining. Of course, I'll then unceremoniously cut you off.

Committee members may want to consider that during these five-minute presentations—I believe we have three of them—there will be a balance of approximately 20 minutes remaining for discussion and, if possible, clause-by-clause.

I welcome Mr. Masse to our committee as well. Thank you for being here.

I will invite committee members to ponder that and possibly the need to extend the time to further discuss it, if they so desire.

We go now to Mr. Watson. Welcome.

12:25 p.m.

Conservative

Jeff Watson Conservative Essex, ON

Mr. Chair, thank you very much.

Thank you to all committee members here. It is indeed a very different experience to be on this side of the microphone and not being the one grilling potential witnesses here.

I also want to thank the witnesses who are appearing here with me—Mr. Gleberzon from CARP, and Mr. Bill Thrasher from Canadians Asking for Social Security Equality. We do have one witness who apparently was unable to make it today—the Canadian Union of Transportation Workers—but I certainly appreciate their contributions to this discussion.

I have one other note of thanks on this issue, and that is to the member for Calgary Southeast, who has been a strong advocate on this particular issue since 1997.

As a brief course of history for the committee—some members may be much more aware of this bill than others—we're dealing with provisions flowing out of the Canada/U.S. Tax Treaty and its treatment under the Income Tax Act. There are three protocols I want to address.

As a brief moment of history, the second protocol under the Canada/U.S. Tax Treaty, in which U.S. social security benefits were taxed in the country of residence—that is, in Canada—and 50% of the amount was included for taxable income, existed up until January 1, 1996, when a third protocol was entered into with the U.S. whereby the benefit was then taxed in the country of source, rather than residence, and 25.5% was withheld.

That existed until 1997, when the fourth and current protocol entered into use, that is, it reverted back to residence taxation, and the inclusion rate moved back not to 50% but to 85%. This is a profound change that occurred to the income of seniors who were already retired at the time. I think some of my colleagues who are here, witnesses who are here with us, can get into some of the detail of that probably a little bit better than I can.

I know this is a committee about details. That is part of your task. I would simply ask the committee that in the consideration of this we don't miss the forest for the trees here. There are some big principles that are important in this.

For the benefit of the committee's understanding, I have a possible amendment that's being worked on by the clerk of private members' business, but I don't have it here yet for the committee's consideration. We're trying to work on that.

There may be some issues. I know one of the big issues that have been raised before is the issue of equity in how people are taxed. I will address those issues. I don't know if I have enough time in my opening statement to address them, but I may do so in the questioning round.

There's been a question of comparisons of equity between how one collecting a U.S. social security benefit but living in the United States is taxed versus someone who lives in the United States and collects a CPP or QPP benefit.

There's also been a question raised in the debate about the question of equity among neighbours living in Canada--one who collects a CPP benefit and has 100% of their benefit included for taxable income, and that constituting a benefit for a similar Canadian who lives next door and collects a U.S. social security benefit taxed at only the 85% level. I believe that argument is a bit of a red herring. I'll address that, probably in the questioning round.

The third issue around the equity question is that the Government of Canada at the time, in 1997, had never advanced the argument about the equitable treatment of neighbour A versus neighbour B in Canada. That was an argument that came later on, I think, to justify the tax increase.

So I'm pleased that we're addressing this today. I'd much rather you hear a little bit more from some of the witnesses who are here with me. I'm going to turn the microphone over to them to let them talk about some of the impacts of the bill, what it's meant to seniors, Canadian seniors particularly. We'll look forward to some discussion around the possible solutions to this.

Thank you very much, Mr. Chair.

12:25 p.m.

Conservative

The Chair Conservative Brian Pallister

Thank you very much, Mr. Watson.

We'll continue with the representative for the Canadian Association of Retired Persons. Welcome back, Mr. Gleberzon. It's over to you for five minutes.

12:30 p.m.

William Gleberzon Associate Executive Director, Canadian Association of Retired Persons

Okay, thank you very much for this opportunity. Thank you, Mr. Watson, for sponsoring the bill.

You all have copies of my presentation. I have to apologize that I did not have time to get it translated, so please accept my apologies on that. I'm going to just skip some of the paragraphs in the interest of time, and begin with the—

12:30 p.m.

Conservative

The Chair Conservative Brian Pallister

Mr. Pacetti.

12:30 p.m.

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

I have a point of order, Mr. Chairman. No, we don't have a copy.

12:30 p.m.

Conservative

The Chair Conservative Brian Pallister

No. As Mr. Gleberzon has accurately pointed out, it is not in both official languages and so it will not be distributed unless there's unanimous consent of the committee.

I'll ask the committee if there's unanimous consent now.

12:30 p.m.

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

No.

12:30 p.m.

Conservative

The Chair Conservative Brian Pallister

No? Okay.

Mr. Gleberzon, continue, please.

12:30 p.m.

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

On a point of order, Mr. Gleberzon has been here before. I don't understand why he wouldn't have provided the brief so that the clerk could translate the documents.

12:30 p.m.

Conservative

The Chair Conservative Brian Pallister

That's fine. Okay, Mr. Pacetti, you can reprimand Mr. Gleberzon after the committee has finished its hearings, but Mr. Gleberzon has five minutes to make his presentation, and we'll do that now.

12:30 p.m.

Associate Executive Director, Canadian Association of Retired Persons

William Gleberzon

We'll step outside afterwards.

12:30 p.m.

Some hon. members

Oh, oh!

12:30 p.m.

Associate Executive Director, Canadian Association of Retired Persons

William Gleberzon

No, he's a much taller fellow than I am.

CARP is pleased to support Bill C-305 to exempt from taxation 50% of United States social security payments to Canadian residents because of the number of calls, emails, and faxes we have had from those adversely impacted by the current policy. Nevertheless, I want to propose an amendment to the bill, which I'll get to in a few minutes.

As Mr. Watson pointed out, the history of this particular change of policy between 1995 and 1997 is quite convoluted, and again you can read what I've written there. But I'll just move on, because the main point of those two years was that the taxable amount on U.S. social security received by Canadians was raised by a whopping 35% in one fell swoop. The two years of experimentation in determining the amount to be taxed caused shock, uncertainty, and consternation among the estimated 100,000 Canadian recipients of U.S. social security living in Canada.

Those affected had no time or way to prepare for the high increase in the taxation amount that was imposed on them other than to reduce their quality of life. CARP heard terrible stories of how their well-being was thrown for a loop, and spoke out on their behalf to the government at the time and to Parliament about the change in policy.

Today some of the same U.S. social security Canadian recipients who were impacted by the change in 1997 are getting older and frailer. Some are beginning to move into nursing homes or are receiving home care, both types of services being quite expensive for them, regardless of which province they live in, as more costs are off-loaded onto seniors. By restoring the pre-1995 50% tax exemption, their quality of life during their twilight years can be greatly enhanced.

Of course, today the post-1997 older Canadians who worked and contributed to social security and were taxed by the American government when they did so and came home when they retired face the 85% taxable amount of their retirement income. Some welcome for our returning citizens or those Americans who choose Canada as their home and become citizens.

The tax regime for social security is quite different in the United States compared with that imposed on Canadian social security recipients. As noted, in the United States income tax is paid when contributions are first made to social security. However, a few years ago additional taxation of social security benefits was introduced, consisting of a sliding scale, depending on income, that ranges from 50% to 85%. It is our understanding that only about 20% of seniors in the United States actually pay any tax on social security, based on income and how the taxable amount is assessed.

I ask you to turn to the appendix, which is the way in which the system works in the United States, from an expert in these matters, for expatriate Americans. By the way, I spoke to the author, and she confirmed to me that this is the way the system works today. Most telling, taxing 85% of social security is the maximum in the United States based on income, whereas in Canada 85% is the only percentage for taxing social security, regardless of income.

I'd like to remind the committee that the change in the taxable amount was introduced as part of a bundle of pension income changes at a time when the Canadian government faced high deficits. That period is long past. Indeed, on the 10th anniversary of the rise by 35% of the taxable amount of U.S. social security received by Canadians, the opposite is true. As you all know, today the Canadian government enjoys very high surpluses—in fact, a continuum of high surpluses.

Can I just say that was recognized in yesterday's budget, when the age at which RRSPs have to be converted to RIFs was raised to 71 years, which is what it was prior to 1997. Moreover, the government's coffers should not be stuffed on the backs of the retirement income of older Canadians who have already paid tax in the United States on this retirement income.

At this point I'd like to introduce an amendment to Bill C-305 regarding the taxable amount of U.S. social security received by Canadians for this committee to consider.

12:35 p.m.

Conservative

The Chair Conservative Brian Pallister

I'm sorry, Mr. Gleberzon, if you'd like to take a copy of that amendment that you're thinking of proposing—Your time has just elapsed.

12:35 p.m.

Associate Executive Director, Canadian Association of Retired Persons

William Gleberzon

Okay. People can read it. It's in the presentation. Therefore, I'd like them to seriously consider it.

12:35 p.m.

Conservative

The Chair Conservative Brian Pallister

I'm sorry, they can't read it because we didn't get unanimous consent on distributing your report. But if you can somehow get a copy of it to one of the committee members, or if any of the committee members—

12:35 p.m.

Associate Executive Director, Canadian Association of Retired Persons

William Gleberzon

I think everyone has a copy.

You don't have copies?