Mr. Speaker, I rise to speak to second reading of Bill C-25, the Income Tax Amendments Act, 1999.
Even though the 2000 budget was brought down in February, hon. members can appreciate that the legislation before us today stems from the 1999 budget. These are the measures that should be the primary focus of this debate.
Bill C-25 seeks to implement a large number of initiatives designed to ensure tax fairness, including personal income tax measures, announced in the February 1999 budget, and certain other measures dealing with the demutualization of insurance corporations, the fiscal situation of the trust established by the federal and provincial governments to provide compensation to hepatitis C victims, and the taxation of first nations.
Before I discuss the specifics of the bill, however, I will take a moment to put the legislation in context. The fundamentals of our government's tax policy are crystal clear.
First, our approach to tax relief must be fair, which means starting with those who need it most, low and middle income Canadians, especially families with children. Second, we must place priority on personal income taxes where the burden is greatest and where we are most out of line with other countries. Third, we have to ensure that Canada has an internationally competitive business tax system. Fourth, because of our debt burden, tax relief must not be financed with borrowed money.
The government remains committed to providing substantial tax relief to Canadians on an ongoing basis. Last fall Canadians were promised in both the Speech from the Throne and the Minister of Finance's economic and fiscal update that the government would set out a multi-year plan for further tax reductions.
Budget 2000 delivered on that commitment through a five year tax reduction plan which indexes the tax system against inflation, reduces the middle tax rate and overall cuts taxes by at least $58 billion by the year 2004, an average annual tax cut of 15% with even greater relief for families with children. It is a plan that will provide further real and lasting tax relief for all Canadians, but it is also a plan whose foundations were laid in previous budgets, including the one of 1999.
Getting back to that budget and the legislation at hand, hon. members know that tax revenues finance important government programs that Canadians need and value such as health care and education. Therefore, there must be a balance between keeping taxes low and providing a source of revenue for vital social and economic programs.
If they are to become permanent, tax relief measures must be affordable and they must not jeopardize the soundness of Canada's finances.
For the first time since 1965, the 1999 budget provided an opportunity to offer tax relief to all taxpayers, without the government having to borrow money. Low and middle income Canadians are the ones who will benefit most from these measures.
Each of our budgets to date has provided targeted tax relief to achieve social and economic goals. Areas of support include students, charities, persons with disabilities and the children of parents with low incomes, groups where it would be most beneficial.
Eliminating the deficit in 1997-98 opened the door for the government to begin broad based tax relief measures. The 1999 budget builds on these measures as part of our long term strategy to permanently reduce taxes.
Together the 1997, 1998 and 1999 budgets reduced the income tax burden of Canadians by some 10%. This is a significant step, but we have moved further. Combined with the actions in the 2000 budget, annual personal income tax reductions will total 22% on average by the year 2004-05.
The measures in Bill C-25 go a long way toward helping the government reach this target. This is the context within which today's debate on Bill C-25 is taking place. These measures are all part of the government's commitment to tax fairness and our long term tax reduction strategy.
Initially, three comprehensive tax relief measures were announced in the 1999 budget, and these measures are all included in the bill before us. Provided this legislation is promulgated, each of these measures will be effective July 1, 1999.
First, the amount of tax exempt income that Canadians may earn has been increased. Budget 2000 raises this amount further, but that will be discussed in another debate.
Under the present income tax system basic personal, spousal and equivalent to spouse credits ensure that individuals and families receive a basic amount of income tax free. The 1998 budget raised the amount of money low income Canadians could receive on a tax free basis by $500. The 1999 budget extends this relief to all taxpayers and increases that amount by a further $175.
As a result of these two measures all taxpayers will benefit from a basic personal credit sufficient to allow the receipt of up to $7,131 of tax free income. That is an increase of $675 over what was available in 1997, and in budget 2000 we increased that even further.
The amount upon which the spousal credit is calculated will also be increased by $675 to $6,055. The threshold where the spousal credit begins to be reduced will increase from $538 to $606. In addition, the bill eliminates the general 3% surtax for all taxpayers.
With the books balanced, the 1998 budget was able to eliminate this surtax for taxpayers earning under $50,000 and reduce it for those with incomes between $50,000 and $65,000. Now it is abolished completely. Together the 1998 and 1999 budget measures removed 600,000 Canadians from the tax rolls and reduced taxes for all 15.7 million Canadian taxpayers.
While all taxpayers will benefit from these measures, low income earners will have the most to gain. For example, under the 1999 budget measures a single filer earning $15,000 will pay 15% less federal tax while a similar individual earning $30,000 will pay 6% less tax.
I have more examples. A typical one earner family of four that receives an annual income of $30,000 or less will pay no net federal income tax. A similar family earning $40,000 will enjoy a 15% federal income tax reduction.
I will now deal with some of the other tax equity budget measures contained in the bill before us, beginning with income splitting among children who are minors.
As members know, the progressive structure of the rates is one of the basic principles of our personal income tax system. It goes without saying that high income individuals are in a better position to absorb a higher tax rate than lower income earners are.
Income splitting occurs when high income individuals arrange to divert income to low income earners, generally family members, to avoid tax.
The tax benefits of income splitting can usually only be accomplished by high income individuals with dependants. Even then, these arrangements are only effective for certain types of income.
As hon. members will appreciate, a tax system that enables some to income split through corporate structuring while denying it to others is not sustainable both in pragmatic terms and from a tax fairness perspective. Fair taxation based upon a taxpayer's ability to pay, which is reflected through the progressive rate structure and uniformly applied, is the only sustainable approach.
To improve the fairness and integrity of our tax system the bill introduces a special tax aimed specifically at structures designed to split income with minors. Applied at the top marginal rate on the income of individuals aged 17 or under at the end of a taxation year, the types of income to which this special tax would apply include taxable dividends and other shareholder benefits on unlisted shares of Canadian and foreign companies received from a trust or partnership, and income from a partnership or trust where the income is derived from a business carried on by a relative of the child.
Another measure in the bill deals with retroactive lump sum payments on which individuals are taxed in the year payment is received, even though a significant portion may relate to prior years.
Because of the progressive rate structure of the income tax system, the tax payable on these payments can be appreciably higher than it would have been if payments had been staggered and taxed upon receipt.
Those who receive eligible retroactive lump sum payments of $3,000 or more will be able to calculate the tax under a special relief mechanism.
Income eligible under this mechanism will include certain office or employment income, superannuation or pension benefits, spousal or taxable child support arrears and EI benefits.
Another measure in Bill C-25 affects Hutterite colonies which for income tax purposes qualify as communal organizations. These organizations own property on a collective basis and typically carry on farming and related businesses. They are subject to section 143 of the Income Tax Act, which is meant to subject their income to a level of taxation that is roughly comparable to the level of taxation on farming income earned outside these organizations. This is achieved by allowing the income earned by these organizations to be allocated among their adult members.
However, the method of allocation of income for communal organizations has remained the same since the mid-1970s. This method has permitted income to be allocated to only one spouse per family in a communal organization, while general income tax rules have been changed to make wages and salaries paid to spouses employed in farming and other businesses tax deductible. This is despite the fact that, generally speaking, each adult in a communal organization makes a direct contribution to the income generating business activities of the organization.
Therefore, in order to maintain a roughly equivalent level of taxation on income earned by communal organizations and on general farming income, the tax burden on communal organizations would be reduced by allowing allocations of income to both spouses in a family under section 143.
The bill also deals with misrepresentations by third parties.
Criminal and civil penalties are imposed when taxpayers attempt to evade payment of their fair share of taxes through fiscal misrepresentation. However, there is no specific rule for assessing the application of civil penalties to individuals who make false statements regarding the fiscal obligations of another taxpayer.
This bill introduces two civil penalties applicable to third parties who make false statements that could be used for tax purposes. One concerns tax shelter and other tax planning arrangements. The other concerns advising or participating in a false tax filing.
These changes stem from various recommendations made by the auditor general, the public accounts committee and the technical committee on business taxation.
The integrity of the tax system and the market for professional tax services are not well served if the tax law does not provide for the application of civil penalties against those who make false statements which could be used by a taxpayer for a purpose under the tax law.
A culpable conduct test, consistent with the types of conduct which the courts have in the past applied civil penalties to taxpayers under the tax law, will be instituted. This test applies to conduct which is tantamount to intentional conduct, shows an indifference as to whether the tax law is complied with, or demonstrates a wilful, reckless or wanton disregard of the law.
The bill also provides a reliance on good faith exception to the culpable conduct standard. However, this exception will not apply to persons who promote or sell tax shelter arrangements, as these arrangements have the potential to adversely affect the tax base and taxpayers to which such arrangements are promoted.
As well, the Minister of National Revenue has indicated that the Canada Customs and Revenue Agency will be taking special administrative procedures in respect of the third party penalty proposal. In particular, the Canada Customs and Revenue Agency will conduct a head office review before assessing any third party civil penalty. It will also be seeking private sector input on the development of guidelines for the administration of third party civil penalty rules.
I now want to discuss the tax situation which arises when a holder of an RRSP or a RRIF dies and the value of the RRSP or RRIF is included in the holder's income for the year of their death. This income inclusion is offset by RRSP or RRIF distributions made after death to a surviving spouse. This same offset is available to financially dependent children or grandchildren, but currently with the restriction that this treatment is only available where there is no surviving spouse.
In both cases, these distributions are included in the income of beneficiaries. When the beneficiary is a spouse, a minor or a disabled child, there are mechanisms which allow the tax on these distributions to be carried forward.
The 1999 budget removes this restriction. When there is a surviving spouse but the RRSPs or RRIFs have been left to dependent children, they, not the deceased's estate, are responsible for any resulting income inclusions.
This tax treatment is beneficial because income tax rates for dependent children would be expected to be low. It is meant to provide tax assistance to dependent children at the time of a parent's death.
Turning now to tax relief for Canadians with disabilities, hon. members are aware of the government's continuing commitment to help these Canadians by building on the assistance that is already available. In the last two years additional assistance has been provided through such measures as a caregiver tax credit, a refundable tax credit for low income earners with high medical expenses, and the addition of new eligible expenses under the medical expense tax credit, the METC.
The METC is being extended further to cover expenses for the care of people with severe disabilities living in a group home, therapy for those with severe disabilities and tutoring for the learning disabled. In addition, talking textbooks for individuals with perceptual disabilities who are enrolled in educational institutions will be included on the list of eligible equipment for persons with disabilities.
Moving on to another tax credit, some hon. members may be aware that the production or processing of electrical energy, or steam for sale, was not eligible for the manufacturing and processing profits tax credit. Given the changes and restructuring that the electricity generating industry is currently undergoing throughout North America, there is now increased competitive pressure on Canadian producers of electricity.
To help this sector compete, corporations producing electrical energy for sale or steam for use in such production will now be eligible for the manufacturing and processing tax credit.
Bill C-25 also regularizes the situation where interest is calculated with respect to a corporation on an underpayment of income taxes for one taxation year, while interest is concurrently owed to the same corporation on a tax payment that is higher by an equal amount for a different taxation year.
The fact that the interest on the refund is taxable while the unpaid interest is not deductible results in a net cost to the corporation. The discrepancy in interest rates only makes matters worse.
This situation is not unusual, as corporations with complex tax returns are often in a position where multiple taxation years are reassessed at the same time and income and expenses reallocated from one taxation year to another. Bill C-25 institutes a relieving mechanism, enabling a corporation to request that both amounts be offset for interest calculation purposes.
Canada's investment services industry is another area where fine tuning is required due to the rapid growth of mutual funds and other investment vehicles. Canadian service providers are concerned that foreign funds which engage them may be taxable in Canada because of our tax rules. A new rule, and I can reassure the House that this is not a tax exemption, ensures that engaging a Canadian firm to provide certain investment services does not mean that a non-resident investment fund is carrying on business in Canada.
Where this rule applies, Canadian corporations with customers in other countries will continue to pay tax in Canada on their profits. Similarly, foreign funds receiving revenue of Canadian origin remain subject to Canadian income tax.
This measure will help the Canadian investment services sector to compete internationally.
Investments by individuals in labour sponsored venture capital corporations, or LSVCCs, is another area where the federal government provides generous tax assistance in the form of a tax credit. Many provinces provide similar assistance. Measures were announced last year to help LSVCCs continue to be important suppliers of venture capital to small and medium size businesses.
The 1999 budget contains additional measures to encourage LSVCCs to focus more on small business investments and to clarify the rules that apply when a LSVCC is part of a merger or other corporate restructuring.
A final budget measure in the bill further extends the surcharge on large deposit making institutions under part VI of the Income Tax Act to October 31, 2000. This 12% capital tax surcharge was introduced in the 1995 budget and extended in subsequent budgets.
Let me now provide hon. members with a brief overview of the measures in the bill which were not part of the 1999 budget.
First, the bill helps to implement taxation agreements with first nations by providing for a reduction in federal tax for individuals who are subject to the income tax legislation of certain first nations. This amendment puts the federal government's tax sharing agreements with self-governing Yukon first nations into force.
With respect to personal income tax collected from residents of these Yukon first nations settlement lands, the federal government will vacate 75% of its tax room for the Yukon first nations governments to occupy.
The bill also ensures that the tax burden of an individual subject to first nations taxation is the same as in surrounding jurisdictions.
Bill C-25 also includes a provision which exempts from tax the trust established by the federal, provincial and territorial administrations to compensate hepatitis C victims.
The tax treatment of demutualization is another non-budget tax measure in the bill. As hon. members know, demutualization is a process whereby mutual insurance companies owned by their voting policyholders can convert to ordinary stock companies owned by their shareholders. This allows additional capital to be raised in the stock markets to support the business operations of insurers.
Federal insurance legislation has already been passed to permit large life insurers, regulated under Canadian law, to demutualize.
The Department of Finance released draft rules on the income tax consequences of demutualization on December 15, 1998 and has worked closely with the demutualizing insurers since that time in refining these rules.
The basic cash treatment for cash demutualization benefits is that they are treated as dividends and therefore are subject to the low rate of tax for dividends. There is no immediate tax benefit associated with a policyholder receiving a share as a demutualization benefit but a capital gain would be recognized once the share is sold.
Legislation to ensure that the guaranteed income supplement of elderly policyholders is fairly calculated after they receive demutualization benefits was enacted by parliament earlier this year.
The measures in Bill C-25 are not contentious. They are well thought out and all adhere to the principles of tax fairness. Each measure addresses an inequity, inconsistency or discrepancy in the tax system. Each improves the operation of the tax system. Many of these measures are the result of consultations with the industry or clients affected, a process to which our government is dedicated in any major policy change.
As hon. members can see, even if the various elements of this bill are not interconnected, they are all aimed at improving the situation of the Canadian taxpayers and enhancing the equity of the tax system.
With the five year tax reduction plan set out in Budget 2000, which brings in the most significant structural changes to be made in the federal tax system in more than ten years, the measures in the 1999 budget are in line with the government's long term tax reduction strategy.
I urge my hon. colleagues to pass this bill without delay so we can move on to budget 2000 and enable Canadians to benefit fully and quickly from the government's five year tax reduction plan.