Mr. Speaker, I appreciate the opportunity to speak today at second reading of Bill S-16.
This legislation will implement the income tax conventions that Canada recently signed with Vietnam, Croatia and Chile. Bill S-16 is important as it is part of an ongoing effort to update Canada's network of income tax conventions.
Tax treaties are directly related to international trade and thus have a subsequent impact on Canada's domestic economic performance. Their benefits are therefore significant. Witness the almost 40% of Canada's annual economic wealth that depends on exports, commerce abroad and direct foreign investment.
Canada has been updating its network of tax treaties regularly since 1971 when our income tax system was overhauled. One of the outcomes of this overhaul was the expansion of our network of tax treaties. Canada now has income tax treaties with 64 countries.
Canada has two main objectives in mind when signing tax conventions with other countries. One is the avoidance of double taxation. The other is the prevention of income tax evasion. New tax treatments are, for the most part, similar to others already concluded by Canada. However, by necessity they do vary from one country to another.
Bill S-16 guarantees that our income tax rules are integrated to ensure that our agreements with Vietnam, Croatia and Chile have full force and effect.
Before I discuss some of the specifics in the bill I want to highlight three major benefits that will result from the bill.
First, taxpayers will know that a rate of tax limited under any of these agreements cannot be increased without substantial advance notice of any changes.
Second, Canadian taxpayers with business interests or investments in Vietnam, Croatia or Chile will operate under a reduced compliance burden as the rules of the game will become clearer.
Third, taxpayers involved in international transactions where double taxation occasionally occurs will see this problem largely eliminated.
In a world where people and capital are increasingly mobile, double taxation treaties are crucial because they ensure that returns will not be taxed twice. Canada has 64 treaties, including our conventions with Vietnam, Croatia and Chile, which eliminate double taxation in one of two ways.
They assign exclusive taxing rights to only the taxpayer's country of residence or the source country of the income. Or they require the country of residence to give credit for the tax paid to the source country if the income is taxable in both countries.
Double taxation treaties often encourage the exchange of information between revenue authorities to prevent tax evasion, the second objective in signing these treaties, and Bill S-16 is certainly no different.
Withholding taxes are another major issue addressed in this particular bill. A taxpayer's country of residence can usually withhold tax at a rate of 5%, 10% or 15% on dividends and branch profits, and 10% on interest and royalties. In some cases royalties on copyright, computer software, patent and know-how are exempt at source.
Under the agreement with Vietnam, there will be a reduced dividend rate of 5% for a Canadian company with at least 70% of the Vietnam company's voting power, 10% for a company controlling between 25% and 70% of voting power, and 15% in all other cases.
In addition, there will be a reduced branch tax rate of 5%, a reduced 10% rate on interest and royalties and a 7.5% on technical service fees.
For Vietnam there is no immediate exemption for royalties on copyright, computer software, patents and know-how. However, if Vietnam agrees to any future exemptions with other OECD countries, Canada and Canadians will automatically obtain the benefit of that same exemption.
Under the treaty with Croatia, the reduced dividend rate will be 5% for a company controlling at least 10% of the voting power, or holding at least 25% of the capital, and 15% in all other cases. The rates on branch taxes and interest and royalties will be 5% and 10% respectively. Again, there is no exemption for interest or royalties on copyright, computer software, patents and know-how.
In the convention with Chile, the reduced dividend rate will be 10% for a company owning at least 25% of the voting power and 15% in all other cases. A 10% branch tax rate will apply, and if Chile agrees to a 5% rate with another OECD country, this lower rate will automatically apply to Canada.
There will also be a 15% rate on interest and royalties, but no exemption for interest or royalties on copyright, computer software, patents and know-how.
Another measure I would like to discuss concerns non-resident pensions. Bill S-16 respects Canada's right to tax pensions and annuities paid to non-residents. Under the agreements with Vietnam and Croatia, pension payments can be taxed in both countries, with the source country collecting no more than 15% of the total payment. Social security benefits will be taxable only by the country that pays those benefits. With respect to Canada and Chile, pension and social security payments will be taxable by the country from which the payments are made.
Hon. members may be interested to know that capital gains on the sale of real property, business assets and shares in real estate companies, or interest in real estate partnerships or trusts will remain taxable by the country in which the property is situated.
In conclusion, there are some very real benefits for Canadians in this bill. With no tax treaty presently in force with Vietnam, Croatia or Chile, these agreements will definitely help Canadian corporations and individuals with operations and investments there. Along with promoting international trade and investment, and helping to secure Canada's position in the increasingly competitive world of trade and investment, their existence will also foster an atmosphere of certainty and stability for investors and traders that will only enhance Canada's economic relationship with each country. At the same time these agreements will help to ensure that Canadian tax policy remains consistent internationally.
I also point out that there will be no revenue losses to any of the countries affected by this bill.
Tax treaties are part of the normal apparatus of international relations for a modern economy and their expansion is part of the ongoing operations of a responsible government. This is important and non-controversial legislation and I encourage hon. members to grant its speedy passage.