Mr. Speaker, I am very pleased to rise here today as deputy finance critic for the Bloc Québécois and as a young critic.
Generally speaking, the Bloc Québécois is in favour of reducing the tax burden on the middle class. It is therefore not against the idea that taxpayers who make contributions to an educational savings plan should receive a tax break.
In my short speech, I will identify a few flaws in the bill; however, we believe that the proposed measure is nonetheless very commendable. The flaws will have to be fixed, however, and clarifications about the bill must be provided before we can confirm our support later on in the legislative process.
It would also be wise to consult experts to get an idea of what such a measure will cost, as well as its social, economic and tax implications.
We see the advantages of this bill, which seeks to target a certain class of taxpayers that is often neglected and that already sacrifices more than its fair share, namely, the middle class. This will no doubt be popular with parents and grandparents who could benefit from lower taxes when they pay into an RESP for their children or grandchildren. I would be willing to bet that, if this bill were passed, more and more people would want to take advantage of this program and that, in the case of people who already have RESPs, they would want to contribute even more generously.
That said, as I mentioned earlier, we have some reservations about this bill. The first is its potential cost—it could become a very expensive proposition. For example, the existing Canada education savings grant program cost the federal government $318 million in 2000-01 when the grant applied to only 20% of the first $2,000 in contributions to an RESP. That means that over $1.5 billion was contributed that year, representing the minimum amount that taxpayers could have deducted from their taxes. Today, this amount is undoubtedly much greater taking into account inflation, the annual ceiling that has risen to $4,000, and the fact that if the terms of the plan are more generous many more people will want to enrol.
Clarifications are required about the intent of the bill. It seems to be modeled after the registered retirement savings plan in that unused deductions under the RESP can be carried forward and applied to future income tax returns. However, an RRSP is not a contract like an RESP. The taxpayer is not bound to put aside money for an RRSP; there is only the opportunity to do so up to a fixed amount based on previous income and a fixed ceiling. However, with an RESP contract, contributions must be made, generally on a monthly basis.
Thus, is difficult to understand how a taxpayer could have unused deductions unless he can claim the contributions in the fiscal year of his choice, which the current bill does not seem to allow.
It is also difficult to understand the purpose of and the reasoning behind the mathematical formula used to calculate unused deductions. This formula adds the RESP ceiling amount to unused deductions and excludes contributions to the RESP. It is difficult to understand the logic of this calculation, unless it is an attempt to go beyond the ceiling or to artificially increase it for the purpose of deducting contributions.
Under the present legislation, any excess contribution made into the plan in respect of a beneficiary is taxable, except in certain cases of transfers from one RESP to another. This could result in the imposition of a tax penalty on all subscribers as long as they do not withdraw that amount. Since the bill does not repeal the sections that impose these penalties in cases of excess amounts, there is a contradiction between the current legislation which imposes penalties on the one hand, and this bill which would permit tax deductibility on the other.
There is another thing we have a lot of difficulty understanding. That is the connection the bill makes in clause 4, which permits the tax deduction, between the excess amount of the contributions an individual has made over a fiscal year or in the first 60 days of the following year, and the portion of his contribution that he deducted from his income tax for a preceding taxation year.
This bill seems to assume that the portion in question is an excess amount, which might not be the case.
With regard to the definitions in this bill, it says that a taxpayer may deduct the lesser of the following amounts: the amount, if any, of the contributions made in 2007 and in the first 60 days of 2008, or the deduction limit.
Next, it defines the excess amount as the lesser of the following amounts: the sum of the payments exceeding the deduction limit, or the excess amount accumulated in preceding years.
On the one hand, the excess amount is defined as the excess contributions for the current year plus 60 days of the following year. On the other, it is defined as the excess of the amounts accumulated in preceding years. I grant that this is rather technical, but I am not mistaken: there seems to be a contradiction here in the bill, which will certainly require some work in committee.
In paragraph 146.1(1), the bill also repeals the definition, in monetary terms, of the annual limit of the registered education savings plan, but does not replace it with another limit. It does not say that the minister will be able to set this limit, which leads us to believe that the present limit will apply. In that case, there is no explanation of why the bill proposes to repeal the paragraph that currently sets the limit.
One may also question the equality of opportunity available under this bill to families with higher and lower levels of income. Because of the weight of that 18%, we will find ourselves in a situation where farmers with low incomes will not be able to benefit from the deduction limit, while those with a higher income will. Finally, 18% seems to us an arbitrary percentage under the circumstances. It would be interesting to see in committee where this percentage comes from.
In socio-economic terms, and particularly for Quebec which has opted to make higher learning accessible by keeping tuition fees below the Canadian average, the enthusiasm of Quebec households for the RESP may be not as great as it is elsewhere. It will certainly be necessary to take account of the societal choices that Quebeckers have made, as they are already paying a good deal for their children’s education, more through income tax than through personal contributions.
The Bloc has a number of improvements to propose to this bill. It will be necessary to clarify the more technical aspects I referred to earlier. We also propose a non-refundable tax credit instead of a tax deduction. That would surely be less generous and hence less expensive for the federal government than the deduction now being proposed, the costs of which are unknown.
The bill could also establish an income cap beyond which a taxpayer might not benefit from the measure. That cap could fluctuate according to the number of beneficiaries, that is, children, in a family within the same RESP.
Finally, since married and common-law couples are almost four times more likely to contribute to an RESP than single parents, a special provision could be made for those couples.
To conclude, in all cases, even though the principle of the bill is interesting, it deserves to be clarified and improved. The Bloc Québécois will be working in that direction.