Mr. Speaker, I want to speak at third reading on C-10 that implements the treaty from tax conventions with a number of countries such as Sweden, Lithuania, Denmark and Kazakhstan. It amends tax treaties or conventions with the United States and the Netherlands.
Primarily a housekeeping bill, but a very lengthy and detailed one, it prevents double taxation in many cases and it works to prevent fiscal evasion by citizens. For the most part, we support the direction of the bill.
However, we have major concern with part VII of the bill. It is the amendment with the United States and it concerns over 80,000 people who receive social security benefits from the U.S. but who reside in Canada.
What is happening to them is unfair because it is done retroactively. These problems resulted from Bill S-9 in the last Parliament. Bill C-9 was layered with different taxation items.
The main thrust of our efforts in attacking the bill focused on the tax loopholes for wealthy individuals and corporations. However, many seniors were taken off guard when they experienced a drastic and unanticipated reduction in their social security benefits.
Before 1996, as a Canadian citizen living in Canada and receiving U.S. social security benefits, they had to report all these benefits on their Canadian tax return. Fifty per cent of these benefits were then deducted. Therefore one ended up paying Canadian taxes on the other 50%. The benefits however were not subject to any U.S. income tax.
Since Bill S-9 was ratified, U.S. social security benefits were no longer subject to Canadian tax. One still had to report these benefits as income on their Canadian tax returns, but could deduct the entire amount under “other deductions”.
This convoluted calculation is done because the government still needs to include benefits in total income for purposes of calculating the GST credit, child tax benefit and the provincial tax credits.
What was bad news for pensioners was that their U.S. benefits were now subject to U.S. tax. The tax was taken right off the top at 25.6% of the total benefit. This tax could not be recovered because it is treated as non-resident withholding tax.
There was a lot of legitimate protest after the passage of the bill because it unfairly attacked the incomes of some 80,000 Canadians who had done their retirement planning and had based their livelihood on a set of rules in place when they were working in the United States.
The protest continued for a fair amount of time. Last April the government made the announcement that there would be change. Indeed, that change has been made in the bill which is before the House today.
Now, instead of the United States taking off the withholding tax of 25.5%, the government and the country where the citizen resides will be taxing the citizen on the social security payment, the Canadian government in this case.
On the flip side of the coin, the American government will tax American citizens receiving the Canada pension plan or the Quebec pension plan.
What this government did not do was go back to the pre-1995 taxation level which was 50% of the social security payments. Instead, the government will be taxing 85% of the social security benefits, 85% instead of the previous 50%.
One could make the argument that in many cases this is better than it was a year or so ago but is still not nearly as good as it was prior to 1995. This is very unfair. This was done without properly consulting the people who were affected.
An organization called the Canadian Association of Social Security Seeking Equality is involved in this issue. It lobbied on this issue, and it was an important one, particularly in the Windsor area, for the election of June 2.
These citizens were not properly consulted. They certainly did not approve the change. For these people, the change is not good. They did their planning based on the rules and then the rules change.
Why is it that this government and its twin in the official opposition only push for tax reform that will benefit the very wealthy. For this reason, for the reason that the bill does not go far enough, we will be opposing Bill C-10.