Thank you for the opportunity to appear before this committee.
Meyers Norris Penny is here to make a presentation on behalf of our 300 Hutterite colony clients who represent approximately 95% of the 30,000 Hutterite people in Canada.
Section 143 of the Income Tax Act applies only to communal organizations and outlines the specific rules that Hutterite colonies need to follow in order to file and pay income tax on their earnings. We have been requesting a change to these provisions for many years, and we appeared before this committee in 2007. Through the years the message has been the same: it is unfair to restrict the Hutterites' ability to allocate income for tax purposes when there are no other similar restrictions in place for any other business in Canada.
Our submission to the committee included a fair amount of detail and background regarding the information on colonies, and we trust you've had a chance to review that. Today we would like to focus on two critical issues.
One, by denying an allocation of income to Hutterites under the age of 18 who are actively engaged in the business, the Income Tax Act penalizes Hutterites; and two, in some of our discussions with the Department of Finance it has been suggested that the current legislation is fair because it allows colonies to allocate income to members over the age of 18 without regard to their age, physical or mental capacity, and without distinguishing between activity and responsibility on an individual basis. Our analysis and the numbers will show that an inequity still exists.
There are approximately 3,000 members of Hutterite colonies between the ages of 14 and 17 who are actively engaged in the business of farming and who at this point in time are not allowed to file an income tax return based on the provisions in section 143. Meyers Norris Penny, as I said, prepares the income tax returns for approximately 95% of all Hutterites in Canada, so we got this from our demographic data.
As you're all aware, an individual in Canada can earn approximately $9,500 of income, tax free. It's that inability to file an income tax return and the loss of those resulting non-refundable personal tax credits that amounts to about $25 million of non-refundable credits per year that the colonies lose access to. That loss of non-refundable tax credits results in an actual tax loss of about $3 million per year.
The income allocated to taxpayers for Hutterite colonies over the last number of years averages less than $20,000 per year, per person, for the people who are allowed to file a tax return. The average income allocated to a senior or disabled person in the 2008 taxation year was less than $10,000.
The reason I point those numbers out is that they are very reasonable and supportable based on the contributions the individuals are making to the colony business, and they demonstrate that Hutterites do not receive any significant benefit from the current allocation rules. There is no trade-off or benefit that in any way offsets the loss of the non-refundable personal tax credits.
Let's also remember that no other business in Canada, farming or otherwise, is subject to any restriction whatsoever when it comes to the payment of salary or wages or the allocation of income. The only requirement is that the amount be reasonable given the circumstances.
It is fundamentally unfair to put restrictions on Hutterite people that are not in place for any other business. This is not a social policy issue; this is an income tax issue.
We've been asking for this change to section 143 for a number of years, and we've met with many MPs and department officials who agree that our request is fair and reasonable. In terms of government spending and budgets, the change we are requesting will have a very small impact, approximately $3 million per year. This amount is very significant to the Hutterite community.
You should also be aware that Hutterites believe in growing and maintaining their existing culture and establishing new communities, so you can rest assured that any tax savings achieved as a result of this request that we are making will be reinvested back into the Canadian agricultural economy, into the western Canadian economy, which I think is in line with the committee's mandate. We can seek fairness in income tax and grow the economy at the same time.
The request we are making is not to get something special for Hutterites--quite the opposite. We are trying to bring the taxation of Hutterites in line with the taxation of other farm businesses.
You might be interested to know that Hutterites were not allowed to file separate income tax returns for a married couple until 1997, more proof that the legislation regarding colony income tax has lagged behind all others.
The rules in place today do not result in fair and equitable treatment. The numbers and analysis prove that colonies are losing access to $25 million in non-refundable tax credits each and every year.
We respectfully request that this committee make a recommendation that the income allocation rules contained in section 143 of the Income Tax Act be updated and modernized in the next federal budget.
Thank you.