Madam Speaker, what a privilege and honour it is to speak to Bill C-208. Not often in the House do we find a private member's bill that has all-party support, and this is one of those unique situations.
For many small business owners, business succession is an important factor to consider when planning for the future. This is no surprise. When they spend so much of their time and energy pouring hour after hour into running their operation, what happens to the fruits of their labour when it is time for them to retire or move on matters to them.
However, surveys tell us that only about half of small businesses have a succession plan. I suspect that is because they are caught up in the day-to-day running of their businesses. However, whether they are thinking about succession early on or are confronting succession decisions near the time of transition, somewhere along the line these entrepreneurs face a frustrating reality: It is more expensive to sell an incorporated small business, or a family farm or fishing enterprise, to a family member than to a stranger.
What is behind this? When a business is sold to a family member, it is considered a dividend. When sold to a stranger, it is considered a capital gain and is eligible for capital gains exemption. In its simplest form, when selling to a family member the tax rate is higher for the seller than when selling to a stranger. That tax rate is significantly lower.
This is not right, and it is not fair. About half of small business owners are hoping to sell or transfer their operations to family members when it is time for them to move on. If members have spent even a little time around family-run businesses, the “why” becomes clear. Sometimes kids are raised in the business and learn the ropes at a young age. They come to know the ins and outs of the business better than anyone. They put in the time, they know the customers and they are established figures in their communities. When the time comes for succession, they are an obvious option for so many reasons.
This is where Bill C-208 comes in. It seeks to achieve tax fairness for business succession by amending the Income Tax Act to level the playing field. It would allow a small business owner the same tax rate when selling their operation to a family member as when selling to a third party. It would correct the injustice within the act that unfairly punishes individuals when they sell their qualifying small business, farm or fishing operation to their own family.
During the finance committee's study of the bill, Brian Janzen, a senior tax manager with Deloitte, gave an example to help members understand just how stark the financial difference currently is between selling to a family member and selling to a stranger. He said:
Right now, if you have a $1-million business and you sell your shares—in a restaurant, let's say—to your neighbour, you will walk away with after-tax proceeds from a $1-million sale of about $971,000. That's only $29,000 of leakage....
There are various ways to sell your shares to your kids under the current regime of section 84.1, but I'll just use the worst-case scenario. The worst-case scenario is that your kid sets up a holding company, or holdco, and buys your shares from you. In Manitoba, that will cost you $466,000 because of the deemed dividend. That's a difference, between the two scenarios, of $437,000. That's just crazy.
He is right. That is crazy, especially when we consider the value small business continuity can have in our communities. Small business owners have often built strong relationships with their customers over the long term. They have employees, whether a couple or a couple dozen, whom they care about and have invested in. They are plugged into their communities in multiple ways. Whether by supporting local food banks, sponsoring sports clubs or donating to construct a new community centre, small businesses are there.
Handing that over to a stranger, perhaps someone from out of town, may not be the best situation for the business owners or their communities. When they have built something and invested plenty of sweat equity in their operation, it is understandable to want to hand it off to someone who can carry on that legacy.
Robyn Young, president-elect of the Insurance Brokers Association of Canada, told the finance committee about her experience of purchasing the family business from her parents. She said:
When my parents decided to sell their business, they received an offer from a large direct writer. They ultimately chose to sell the business to me and my brother, because it was important to them to keep the business they had built within the family. They also wanted to ensure that their clients would continue to receive the same expert advice and personal touch they had come to expect.
She went on to say:
Family-run brokerages are the pillars of the community and the lifeblood of the economy. They serve and support their communities in good times and bad by creating employment and donating time, money and other resources.
These are the considerations for many small business owners looking at succession planning. There needs to be a level playing field that empowers owners to make the best choice for them and their communities.
The current inequity is a reality that impacts a variety of types of small businesses, but I want to take a moment to talk about farm families specifically.
Agriculture is incredibly capital intensive, and as Scott Ross of the Canadian Federation of Agriculture told the finance committee, “effective succession planning is critically important, particularly for a sector that will transfer tens of billions of dollars in assets to the next generation in this decade alone.” Uniquely, the agriculture sector continues to be one where the vast majority of farms, even though they are incorporated, still remain family owned. This has considerable advantages for all Canadians since, as Mr. Ross highlighted, “studies show that family farming encourages sustainable growth, environmental stewardship and increased spending within one’s local community, not to mention its contributions to the social fabric of rural Canada.”
I share several commonalities with the bill's sponsor, the member for Brandon—Souris. For one, we were both elected in the same 2012 by-election. More importantly for today's discussion, we both have “farmer” on our resumes. We are very familiar with the immense benefits that farming and agriculture provide to the communities we represent. By passing Bill C-208, the House can acknowledge the tremendous contributions that our farmers make and can help ensure tax fairness for farm succession.
Throughout debate on this bill, we have heard some members suggest that this change will just benefit the rich or create opportunities for tax avoidance. I want to address this head-on because that is a mischaracterization that finance committee testimony swiftly put to rest.
The bill includes tax-avoidance safeguards mandating that the family member who purchases the operation must maintain their shares for a minimum of five years to avoid penalization. As Deloitte senior tax manager Brian Janzen confirmed, “This bill is helping the lower end of the small business community. It is not helping the huge, rich companies, even if they're family owned.” He also told the finance committee that Bill C-208 has enough guardrails to prevent tax avoidance, even as he urged vigilance so that tweaks could be made if required.
Like all colleagues, I wanted to make sure that the bill did not providing an undue benefit to large corporations. I therefore asked Mr. Jansen very specifically about those concerns. He said it did not benefit large corporations, “partly because of the guardrails you have in this bill, but also because for the larger companies...section 84.1 and the capital gains exemption didn't even come into play. The numbers are big enough that this is just...not material to the larger private businesses. This is really helping the small private business.”
It is clear that this bill strikes the right balance between providing tax fairness and preventing abuse. I encourage any members who feel differently to review the testimony before the finance committee. They will see experts addressing these concerns and urging the bill's swift passage.
There were 145 Liberal members who voted against this common-sense bill at second reading. Meanwhile, members of all the opposition parties supported it, and so did two Liberal MPs. I sincerely appreciate the two Liberal members who voted in favour of this bill. They recognized the positive impact that it would have on their constituents. I hope that the testimony we have heard since that time will help other Liberal MPs better understand why they ought to lend their support to Bill C-208. Their constituents deserve tax fairness.
I want to wrap up by saying thanks to the member for Brandon—Souris for introducing this pertinent legislation. His efforts are going to make a real difference in the lives of many small business owners and farm families. We have seen iterations of this bill brought forward by multiple parties over the years, and this goes to show that there is cross-party support for this bill. It is time to get it over the finish line.
I invite all my colleagues to support small business and vote in favour of Bill C-208. Let us get it passed and get it to the Senate. Hopefully it will deal with it as expeditiously as the House has. I am thankful for the opportunity to speak to the bill.