Madam Speaker, I want to begin by saying that I will be sharing my time with the hon. member for Berthier—Maskinongé, whom I affectionately refer to as my favourite MP.
On June 9, the House adopted Motion No. 69, which was moved by my colleague from Montarville. The motion presents six concrete measures to help the government take more effective action against tax evasion and tax avoidance.
This evening, I would like to remind the House of those six measures. I expect the government to take action. I would also like to remind the House that our role as legislators involves guiding the government on such motions. Since the motion was adopted, I expect concrete action to be taken. I expect the government to follow through on this.
The first measure is as follows:
amend the Income Tax Act and the Income Tax Regulations to ensure that income that Canadian corporations repatriate from their subsidiaries in tax havens ceases to be exempt from tax in Canada;
Here, the motion calls for subsection 5907(1) of the income tax regulations to be repealed.
I would note that this subsection, which was adopted behind closed doors, allows Canadian corporations to repatriate money tax-free from their subsidiaries in one of the 23 tax havens with which Canada has a tax information exchange agreement.
This measure would change things so that any income repatriated by a Canadian corporation would be taxed. There is no need for a bill to do that. The motion was adopted in the House, and the order was sent to the government. All the minister had to do was delete it from the income tax regulations, thereby revolutionizing the fight against tax evasion and tax avoidance. That is what we are asking the government to do. We are in a pandemic, and spending levels are higher than ever. The motion proposes measures that will enable to government to bring in more revenue and increase tax fairness.
The second measure is as follows:
review the concept of permanent establishment so that income reported by shell companies created abroad by Canadian taxpayers for tax purposes is taxed in Canada;
When a company registers a subsidiary or a billionaire establishes a trust abroad, that subsidiary or trust is considered a foreign national, independent from the Canadian citizen or company that created it, and its income becomes non-taxable.
In taxation jargon, these subsidiaries or trusts are referred to as permanent establishments, in other words, they have a taxable fixed place of business independent of their owner. In many cases, they are shell companies with no real activity. There is no justification for treating them differently from any other bank account and exempting the income they generate from tax.
The Standing Committee on Finance is looking into shell companies set up on the Isle of Man by KPMG. Things need to change. The motion adopted by the House contains a measure to do that. We expect the government to take action with a view to collecting additional revenue in order to offset the additional expenses arising from the pandemic.
The third measure is as follows:
require banks and other federally regulated financial institutions to disclose, in their annual reports, a list of their foreign subsidiaries and the amount of tax they would have been subject to had their income been reported in Canada;
This may surprise many people, but for years banks were required to include that in their annual reports. It used to be released and that requirement needs to be reinstated. Here, the House is calling on the government to require the banks to be transparent again. It would just take a simple directive from the Superintendent of Financial Institutions. The government can send this notification and this very simple measure could be applied very quickly because it does not require any international negotiations or any legislative or regulatory change.
In 2019, the six Bay Street banks made a record profit of $46 billion. That is a 50% increase over five years. In 2020, despite the pandemic, they made $41 billion in profits. Their profits rise, but they pay less tax because they report their most profitable activities in tax havens, where their assets keep growing.
Until the door to the use of tax havens is closed shut, consumers could at least be able to choose their financial institution in an informed manner, and taxpayers would be able to judge whether the banks deserve government assistance.
Some of the measures the government announced in its latest budget are consistent with the fourth measure, which reads as follows:
review the tax regime applicable to digital multinationals, whose operations do not depend on having a physical presence, to tax them based on where they conduct business rather than where they reside;
We see this in rich countries. There are two pieces of good news in this budget. First, the government will finally start collecting the GST on services sold by digital multinationals as of July 1, so two weeks from now. This tax change was included in the notice of ways and means that the House voted on.
It is hard to understand why Ottawa waited so long, when Quebec has been doing it for two years and it is going great, but as they say, better late than never.
Also, still on the topic of this measure, the budget announces the government's plan to tax multinational Internet companies on their activities at a rate of 3% of their sales in Canada beginning on January 1, 2022. This commitment might be merely hot air, however, since there is talk of a possible implementation after the likely date of the next election. There is speculation that it will be called in mid-August, if the polls remain comfortable for the party in power, but still, this commitment is good news. It will be really good when it happens.
During the last election campaign, which was not so long ago, the Bloc Québécois proposed such a measure and the use of the revenue generated to compensate the victims of web giants, the creators. We are talking about the artists and the media who do not receive copyright fees from the web giants that use their content. The government is not going that far, but is instead reporting this GAFAM tax in the consolidated revenue fund. Nevertheless, we applaud this measure. It is a good start.
The fifth measure is as follows:
work toward establishing a global registry of actual beneficiaries of shell companies to more effectively combat tax evasion;
This is an extremely important measure. This needs to happen. Experts told the committee that the problem was that the information was not accessible; we cannot see the information. The fifth measure adopted by the House changes that. In many cases, tax havens are opaque, and it is impossible to know who truly benefits from the companies and trusts that are set up. Often, we only know the name of the trustee that manages them or the legal or accounting firm that created them, but not the name of the person hiding behind them. Such a setup is a real boon for fraudsters who can hide their money with complete impunity.
This type of registry already exists in Luxembourg, but it is accessible only to financial institutions. These institutions do their own audits, but this type of registry must be made available to governments or tax agencies. Tax evasion and avoidance has gone on too long. We do not know who is hiding behind these companies. I am calling on the government to implement the fifth measure.
The sixth and final measure is a very important one:
use the global financial crisis caused by the pandemic to launch a strong offensive at the Organisation for Economic Co-operation and Development against tax havens with the aim of eradicating them.
As members know, in response to the 2008-09 financial crisis, the OECD has been working hard to combat the use of tax havens. It was then that countries started to seriously go after tax havens within the OECD by launching a broad multilateral instrument on international taxation and tax base recovery called the framework on base erosion and profit shifting, better known as BEPS. Some progress has been made since the initiative was launched, but not much.
We are facing a global economic crisis, as countries took on record amounts of debt in an effort to provide income support and stabilize the economy. These efforts are absolutely warranted when they are well done and well used. However, this crisis is a reason to emphasize that everyone needs to pay their fair share and implement, once and for all, the recommendations proposed by the OECD. This is extremely important. It is a matter of justice and tax fairness.
In conclusion, I remind members that less than two weeks ago the House adopted a motion setting out these six actions. We are calling on the government to move forward. These are good solutions, and the current pandemic is the right time to implement them.