Evidence of meeting #13 for Finance in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was rate.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Trevor McGowan  Senior Legislative Chief, Tax Legislation Division, Tax Policy Branch, Department of Finance
Miodrag Jovanovic  General Director, Tax Policy Branch, Department of Finance

11 a.m.

Liberal

The Chair Liberal Wayne Easter

Good morning.

Pursuant to the order of reference of March 21, 2016, we'll deal with Bill C-2, An Act to amend the Income Tax Act. As well, as noted in the committee agenda, we will go an hour and a half with Department of Finance officials, and then we'll get into committee business and scheduling.

I note we are scheduled until the end of April, but we'll talk about the motions that are on the committee list, as well as the agenda going forward.

Welcome, officials from the Department of Finance. We have Mr. Jovanovic, who's the general director, tax policy branch, and Mr. McGowan, senior legislative chief, tax legislation division, tax policy branch.

Welcome. The floor is yours.

11 a.m.

Trevor McGowan Senior Legislative Chief, Tax Legislation Division, Tax Policy Branch, Department of Finance

We're here to discuss Bill C-2, an act to amend the Income Tax Act. The bill has three main components; first, changes to the personal income tax rates; second, changes consequential to the introduction of the new top marginal income tax rate; and third, restoring the TFSA to its previous level.

I'll first describe the personal income tax rate changes.

These amendments are in clause 1 of the bill.

First, this amendment reduces the second personal incomes tax rate to 20.5% from 22%. This reduced rate would take effect on January 1, 2016. For the 2016 taxation year, it would apply to income earned in excess of $45,282 and up to $90,563. These bracket thresholds are indexed to inflation for subsequent taxation years.

Second, this amendment introduces a new 33% personal income tax rate. This tax rate would apply to individual taxable income in excess of $200,00 and would take effect on January 1, 2016. As with the other bracket thresholds, the $200,000 threshold would be indexed to inflation.

A number of income tax rules either use the top personal income tax rate or use rates or formulas that reflect it. Clauses 2 to 8 and also 10 of the bill contain consequential amendments to a number of provisions that relate to the top marginal rate. In addition, the federal budget tabled on March 22 announced a number of additional consequential amendments to be introduced in a future bill.

Individuals who make charitable donations to registered charities and other qualified donees may be eligible to claim a federal charitable donation tax credit. Annual donations of up to $200 are entitled to a 15% tax credit rate. Donations in excess of $200 are currently entitled to a 29% tax credit rate.

For gifts made after 2015, clause 3 of the bill would provide a 33% tax credit for donations in excess of $200 to the extent that donors have income in the new top income tax rate bracket. Under the income tax rules, a special tax applies at the highest marginal tax rate to so-called split income paid or payable to a minor. In general terms, this tax is intended to prevent individuals who are taxed at the top marginal rate from diverting certain types of income to their children to be taxed at much lower rates.

Effective for the 2016 and subsequent taxation years, clauses 3 and 4 provide that the tax on split income will remain subject to the flat top rate taxation but at the new rate of 33%. Trusts, other than qualified disability trusts, and estates, other than graduated rate estates, currently pay tax at the top federal marginal tax rate applicable to individuals. Effective for the 2016 and subsequent taxation years, clause 5 provides that trusts and estates that are subject to this flat top rate taxation would be taxed at the new top rate of 33%.

Given that corporate tax rates generally are lower than personal tax rates, special refundable taxes are imposed on investment income of private corporations in order to limit the ability of individuals to defer taxation by holding investments in a private corporation. Clauses 6 to 8 provide that these refundable taxes and the related refund rate be increased effective January 1, 2016 to reflect the proposed new 33% personal income tax rate.

Most significantly, the refundable additional part 1 tax on investment income of Canadian-controlled private corporations often called CCPCs would be increased by four percentage points from 6 2/3% to 10 2/3%. The refundable portion of part 1 tax on investment income of CCPCs would be increased by four percentage points from 26 2/3% to 30 2/3%. The refundable part 4 tax on portfolio dividends received by private corporations would be increased by five percentage points from 33 1/3% to 38 1/3%. The rate at which refunds are made out of a private corporation's pool of refundable taxes previously paid, known as refundable dividend tax on hand, would be increased by five percentage points when it pays dividends. This is from 33 1/3% to 38 1/3% of dividends paid.

Finally, clause 9 of the bill returns the TFSA annual contribution limit to its previous level of $5,500 from $10,000 and reinstates indexation of the TFSA annual contribution limit. These changes would be effective for the 2016 and subsequent taxation years and would not affect the $10,000 limit for 2015.

That's all. We'd be happy to answer any questions.

11:05 a.m.

Liberal

The Chair Liberal Wayne Easter

Thank you very much, Mr. McGowan.

Go ahead, Steven.

11:05 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

Thank you, Mr. Chair.

Gentlemen, thank you for being here with us today.

We are very happy to hear the good news that people in the middle class are going to benefit from a tax reduction in the course of the current taxation year.

I would first like to ask you what measures the Department of Finance has taken to ensure that Canadians are aware of the tax reductions they can benefit from this year.

11:05 a.m.

Miodrag Jovanovic General Director, Tax Policy Branch, Department of Finance

The Canada Revenue Agency has put a lot of information on its website to inform Canadians about this. The agency has also added links to the budget documents on the Department of Finance website.

Other communication strategies were put in place, but unfortunately I cannot provide you with more information for the moment because I do not have the details here. I can provide this later.

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

Could you also give the committee a broad outline of your communication plan to inform taxpayers, including measures taken by the Canada Revenue Agency in this regard?

11:10 a.m.

General Director, Tax Policy Branch, Department of Finance

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

Political speeches are often made about tax cuts and other things. For the record, what is your estimate of how many people will benefit from this tax reduction? How much money will it mean to them?

11:10 a.m.

General Director, Tax Policy Branch, Department of Finance

Miodrag Jovanovic

There are nearly nine million Canadians who will benefit. The average benefit for single individuals from moving from a 22% tax rate to a 20.5% tax rate is about $330, and for couples it's about $540 on an annual basis. As I said, nearly nine million Canadians will benefit.

The total amount of benefits that this represents for 2016-17 is about $3.4 billion.

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

The overall tax reduction to Canadians, then, is $3.4 billion.

11:10 a.m.

General Director, Tax Policy Branch, Department of Finance

Miodrag Jovanovic

The $3.4 billion represents the tax reduction associated with reducing the second tax bracket from 22% to 20.5%.

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

Thank you.

Moving to the TFSA—sometimes a subject of some debate—we sometimes hear the allegation that a surprisingly large number of Canadians were able to save up to the annual limit of the TFSA.

Can you give us the exact numbers of your estimates or the actual numbers of Canadians who were able to save that $11,000 in any given year?

11:10 a.m.

General Director, Tax Policy Branch, Department of Finance

Miodrag Jovanovic

What we have is, I believe, based on 2013 or 2014 data. Somewhat fewer than two million Canadians have been maximizing their TFSA limit since 2009. These are mainly individuals who have accumulated a certain amount of wealth in unsheltered tax accounts and can just transfer that wealth into TFSAs.

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

Thank you. You are anticipating my next question. What is the income profile of those who were able to max out their TFSAs?

11:10 a.m.

General Director, Tax Policy Branch, Department of Finance

Miodrag Jovanovic

We observed that more than half—between 55% and 60%—are individuals more than 60 years old, which is consistent with the fact that these individuals, probably throughout their lifetimes, have had more opportunities to save and end up with some unsheltered savings.

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

What is the take-up of Canadians with a profile of saving up to, say, the $5,500 limit?

11:10 a.m.

General Director, Tax Policy Branch, Department of Finance

Miodrag Jovanovic

I'm sorry, the profile...?

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

Is it a much broader income profile for Canadians who are able to invest in a TFSA up to the $5,500 level?

11:10 a.m.

General Director, Tax Policy Branch, Department of Finance

Miodrag Jovanovic

Well, the overall take-up based on adult population is between 40% and 45%, and it has been increasing year after year. It is spread across the income spectrum, when you look at the distribution.

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

How many Canadians do you believe would be affected by the decrease of TFSA limits from $11,000 to $5,500? Is it the two million?

11:10 a.m.

General Director, Tax Policy Branch, Department of Finance

Miodrag Jovanovic

Essentially, yes: those who have been able to maximize would no longer be able to put in that additional $4,500. They would be the ones being penalized, basically.

11:10 a.m.

Liberal

Steven MacKinnon Liberal Gatineau, QC

Going back to the middle-class tax cut, in the Liberal platform there were some estimates of what that tax cut would cost and what the corresponding increase in the new top tax rate would cost. There was a discrepancy noted, and I think some debate has occurred over it. Could you explain the discrepancy in those various cost estimates?

11:15 a.m.

General Director, Tax Policy Branch, Department of Finance

Miodrag Jovanovic

Well, I know that the platform used some prudence factor in estimating the cost. What I can tell you in more detail is what Finance has done.

We also factored in a prudence factor, but the factor was a bit more conservative and is based on the literature review of the typical behaviour of particularly high-income individuals facing an income tax rate increase. In technical terms, if you will, we used what we call an elasticity factor of 0.4. This by and large means that if you increase the tax rate by 10%, individuals will react by reducing their income tax base by 4%—that's the relationship. We used that factor to come up with our cost estimate.

Similarly for the second tax bracket cut, we were a bit more conservative. We were not assuming any actual behavioural effect, because there was not enough support in the literature to justify using a behavioural effect there. We just took what we call our static cost estimate—not cost, but—

11:15 a.m.

Liberal

The Chair Liberal Wayne Easter

Mr. MacKinnon, thank you both.

Ms. Raitt.

11:15 a.m.

Conservative

Lisa Raitt Conservative Milton, ON

Good morning.

My questions will be along two themes. The first is going to be along the line of what the middle class is actually getting in this tax measure. The other theme is going to be, what is the cost associated with this measure? Those are the two areas we're going to go through.

In terms of what the middle class is getting, I have the backgrounder from Finance Canada that you put out when the announcement was made in 2015. It says, “Single individuals who benefit will see an average tax reduction of $330 each year, and couples who benefit will see an average tax reduction of $540 every year”.

Is that statistic still one that you're comfortable with and ascribe to?