Evidence of meeting #51 for Finance in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was agreed.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Trevor McGowan  Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance
Clerk of the Committee  Mr. Alexandre Roger
Pierre Mercille  Director General, Sales Tax Division, Tax Policy Branch, Department of Finance
Philippe Méla  Legislative Clerk
Dave Beaulne  Senior Director, Legislation, Tax Legislation Division, Tax Policy Branch, Department of Finance
Maude Lavoie  Director General, Business Income Tax Division, Tax Policy Branch, Department of Finance
Maximilian Baylor  Senior Director, Personal Income Tax Division, Tax Policy Branch, Department of Finance
Lesley Taylor  Senior Director, Personal Income Tax Division, Tax Policy Branch, Department of Finance
Dominic DiFruscio  Senior Advisor, Sales Tax Division, Tax Policy Branch, Department of Finance
Phil King  Director General, Sales Tax Division, Tax Policy Branch, Department of Finance
Erin O'Brien  Director General, Financial Services Division, Financial Sector Policy Branch, Department of Finance
Jean-François Girard  Senior Director, Financial Stability and Capital Markets Division, Financial Sector Policy Branch, Department of Finance
Julie Trepanier  Director, Payments Policy, Financial Systems Division, Financial Sector Policy Branch, Department of Finance
Nicolas Moreau  Director General, Funds Management Division, Financial Sector Policy Branch, Department of Finance
Manuel Dussault  Senior Director, Framework Policy, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance
Justin Brown  Acting Director General, Financial Crimes Governance and Operations, Financial Systems Division, Financial Sector Policy Branch, Department of Finance
Neelu Shanker  Deputy Director, Operations, Sanctions Policy and Operations Coordination Division, Department of Foreign Affairs, Trade and Development

5:20 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

Clause 46 relates to the qualified Canadian journalism organization rules. It provides a specific set of rules for acquiring and losing designation as a qualified Canadian journalism organization. It is relevant to the labour tax credit, digital tax credit and qualified donee status supports for journalism.

5:20 p.m.

Liberal

The Chair Liberal Wayne Easter

Shall clause 46 carry on division?

(Clause 46 agreed to on division)

(On clause 47)

5:20 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

Clause 47 is a consequential amendment relating to the measure that requires registered charities to lose their charitable status once they become listed terrorist entities. It provides a year-end on revocation.

It also provides another consequential amendment in respect of that charity measure. This amendment provides that a charity can lose its registration status if it makes false statements in order to maintain its registration. Currently an organization can lose its charitable registration status when it makes false statements in order to obtain registration as a qualified donee. This measure would extend it so you can also lose your status if you make false statements to maintain itl.

5:20 p.m.

Liberal

The Chair Liberal Wayne Easter

Shall clause 47 carry on division?

(Clause 47 agreed to on division)

(On clause 48)

5:20 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

Clause 48 relates to the advanced life deferred annuities and provides the bulk of the rules in respect of those, which I have noted are a new type of investment vehicle that can provide additional flexibility in saving for retirement.

5:20 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Chair, I am looking at clause 48, and it relates to the notice of suspension of authority to issue receipts. Are we on the same clause?

5:20 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

I apologize. That was my mistake. I described clause 48 along with clause 47. Clause 47 is just the notice of revocation for becoming a listed terrorist entity. Clause 48 deals with making a false statement in order to maintain charitable registration status.

I'm sorry. I combined the two.

5:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

No problem. You're doing your best.

5:25 p.m.

Liberal

The Chair Liberal Wayne Easter

Thank you for that, Trevor.

Shall clause 48 carry on division?

(Clause 48 agreed to on division)

(On clause 49)

5:25 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

Clause 49 provides the rules for advanced life deferred annuities, which provide additional flexibility for savings in retirement.

5:25 p.m.

Liberal

The Chair Liberal Wayne Easter

Shall clause 49 carry on division?

(Clause 49 agreed to on division)

(On clause 50)

5:25 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

Clause 50 provides rules relating to the transition from the old health and welfare trust regime for providing benefits to employees to the new legislated employee life and health trust rules.

5:25 p.m.

Liberal

The Chair Liberal Wayne Easter

Shall clause 50 carry on division?

(Clause 50 agreed to on division)

(On clause 51)

5:25 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

Clause 51 relates to the repayment of certain COVID-19 benefits.

If a benefit is received, it's generally included in your income. If you have to repay it, the general rule is you get a deduction for the repayment in the year that the repayment is made. This measure would allow for a deduction in the year when the COVID-19 benefit is received rather than in the year in which it's repaid. That can help offset the income with the deduction. It's for cash flow benefit purposes. It can also help in later circumstances, when in later years the individual who received the amounts doesn't have any taxable income to utilize the deduction.

May 27th, 2021 / 5:25 p.m.

Liberal

The Chair Liberal Wayne Easter

Go ahead, Mr. Fast.

5:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

I'm just wondering who would qualify for this beneficial tax treatment. Could you give us a scenario?

5:25 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

For example, I receive one of the listed COVID-19 benefits, like the CERB. I applied for it, but I wasn't entitled to receive it, so I have to pay back some portion of it. If it's an income-tested benefit, maybe my income was a bit higher and I had to pay back a portion of it.

I receive an amount in, say, 2020 and I repay it in 2021. Both the income inclusion and the deductions would be in 2020, so it becomes a wash.

5:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

When you say “I”, though, this measure is related to flow-through shares, so we're talking about a corporate entity. Is that correct?

5:25 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

Is that for clause 51?

5:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

It's tax on flow-through shares.

Am I on the wrong clause here, Mr. Chair? We're on clause 51, correct?

5:25 p.m.

Liberal

The Chair Liberal Wayne Easter

We are on clause 51 on page 72, I believe.

5:25 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

My information says this has to do with COVID-19 tax on flow-through shares.

5:25 p.m.

Liberal

The Chair Liberal Wayne Easter

I have “COVID-19 - expenses deemed incurred earlier”. Go down on that page a little bit.

5:25 p.m.

Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance

Trevor McGowan

I apologize. I confused it with a different measure. You're absolutely correct.

Flow-through shares allow resource companies to raise money more effectively by effectively transferring some of their qualifying expenses, such as Canadian exploration expenses and development expenses, to their investors, who can use the deductions.

When you enter into a flow-through share agreement, the corporation is required to incur those expenses within a fixed period of time. These rules provide essentially an extra year for the company to incur those expenses. That's in response to the COVID-19 pandemic, which prevented a lot of companies from engaging in their normal exploration activities.

5:30 p.m.

Liberal

The Chair Liberal Wayne Easter

Shall clause 51 carry on division?

(Clause 51 agreed to on division)

(On clause 52)

Is this the one you previously explained, Trevor?