Mr. Speaker, I am pleased to speak to the House today at third reading of Bill C-25, the 1999 income tax amendments act.
Hon. members are familiar with this legislation so I will not take up valuable House time discussing the bill in any detail. Instead, I will briefly review the highlights of the bill.
This bill brings into force many of the tax measures that were announced in the 1999 budget, together with some non-budget tax measures. For those hon. members wondering about the tax measures in the 2000 budget, they will be contained in separate legislation.
Every one of the government's budgets to date have provided targeted tax relief designed to achieve key social and economic goals. With the deficit eliminated in 1997-98, the door was subsequently opened to the introduction of some broad based tax relief measures.
The tax measures in the 1999 budget build on those that were introduced in previous budgets. Most important, as members of the House know, for the first time since 1965 the 1999 budget provides tax relief for every taxpayer without the government having to borrow money to pay for it and, as with the previous relief measures, low and middle income Canadians benefit the most.
Hon. members will be aware of the government's commitment to provide ongoing tax relief to Canadians as we can afford it. Hon. members will also know that the Minister of Finance followed through on the promise he made in the fall fiscal and economic update and announced a five year tax reduction plan in budget 2000.
This plan will provide real and lasting tax reductions for Canadians and ensure that all taxpayers will see their taxes reduced in a manner consistent with the government's tax-cutting principles. These measures, however, will be introduced under separate legislation.
As we did in eliminating the deficit, the tax reduction plan will be achieved as quickly as possible—and further expanded as resources permit.
It is important that we pass this bill without delay. Let me continue my remarks by outlining the measures in this bill that stem from the 1999 budget.
Bill C-25 includes three general tax relief measures which, subject to this legislation being enacted, all took effect on July 1, 1999. The amount of income Canadians can receive tax free is increased. This amount is increased further in the 2000 budget, a provision that will be contained in separate legislation. The supplement to personal amounts provided for low income taxpayers in the 1998 budget is extended to all taxpayers and increased by a further $175. Bill C-25 eliminates the general 3% surtax for all taxpayers.
Standing to benefit the most from these measures are low income earners. A single filer with an income of $15,000 for example will pay 15% less federal tax, while a similar person earning $30,000 will pay 6% less tax.
Income splitting with minor children is also covered in this bill. Income splitting occurs when high income individuals divert income to low income earners, generally family members, to avoid tax. In most cases only high income individuals with dependants reap any tax benefits from income splitting. Bill C-25 rectifies this situation by introducing a special tax that is specifically directed at structures designed to split income with minors.
Individuals age 17 and under will have to pay this special tax on any taxable dividends or any benefits on unlisted shares of Canadian and foreign companies that they receive from a trust or partnership. In addition, income they receive from a partnership or trust that comes from a business carried on by a relative will also be subject to this special tax.
Bill C-25 also deals with the taxation of retroactive lump-sum payments. These payments are taxed in the year they are received, even though a significant portion may relate to prior years. Because of the progressivity of the tax system, an individual's tax liability on these payments may be higher than if they had been made, and taxed, year by year as the income arose.
There will now be a special relieving mechanism in place to compute the tax on qualifying retroactive lump sum payments where those payments are $3,000 or more in a given year.
Bill C-25 also effects a change on the tax treatment of Hutterite colonies. For tax purposes, Hutterite colonies are viewed as communal organizations and subject to section 143 of the Income Tax Act. The intent is that their income be taxed at roughly the same level as farming income earned outside these organizations by allocating colony income among adult members.
Until now, income in a communal organization was allocated to only one designated spouse in a family. To allow for the tax burden on communal organizations to be reduced and more fairly distributed, Bill C-25 provides for income to be allocated to each spouse in the family. This change will help maintain roughly equivalent taxation on income earned by Hutterite colonies and other groups.
Bill C-25 also contains a number of other tax provisions that were included in the 1999 budget.
Third parties making false statements that could be used for tax purposes will now be subject to two new civil penalties. One deals with tax shelter and other tax-planning arrangements; the second concerns advising or participating in a false tax filing.
There will now be a culpable conduct test—consistent with what the courts have used in the past when applying civil penalties to taxpayers—along with a “reliance in good faith” exception to the test.
There has been some discussion about the culpable conduct test. I would like to briefly describe for the House and for Canadians what it is and what it is not.
Culpable conduct as defined in the act means conduct, whether an act or a failure to act, that (a) is tantamount to intentional conduct, (b) shows an indifference as to whether this act is complied with, or (c) shows a wilful, reckless or wanton disregard of law. I am sure members of the House will agree that conduct such as this is truly not acceptable. Honest errors of omission or commission will not be applicable under the culpable conduct test.
Bill C-25 also addresses the tax situation that arises when an individual dies and the value of their RRSP or RRIF is included in their income for the year of their death. When there is a surviving spouse but RRSPs and RRIFs have been left to dependent children, it is the children, not the deceased's estate, who will now be responsible for any resulting income inclusions. With income tax rates for dependent children usually lower, this provision will help them when a parent dies.
Through the bill the care of people with severe disabilities living in a group home, therapy for those with severe disabilities, and tutoring for the learning disabled will now be covered under the medical expense tax credit. In addition, talking text books for people with perceptual disabilities who are enrolled at educational institutions will be included on the eligible equipment list for persons with disabilities.
Corporations producing electrical energy for sale or steam for use in such production will now be eligible for the manufacturing and processing profits tax credit. This measure will help the electricity generating sector to become more competitive.
The next measure will also help corporations. Faced with multiple taxation years being reassessed at the same time, corporations are often caught in situations where refund interest is taxable while arrears interest is non-deductible. There will now be a relieving mechanism in place so corporations can ask for such amounts to be offset for interest calculation purposes.
Another component in Bill C-25 is designed to help the Canadian investment services industry compete more effectively internationally. A new rule will ensure that, subject to conditions, if a non-resident hires a Canadian firm to provide certain investment services, the non-resident is not, for that reason alone, considered to be carrying on business in Canada.
Canadian firms serving offshore clients will continue to pay tax in Canada on their profits. Non-residents who receive income from Canadian sources will continue to be subject to Canadian tax.
Other measures in the bill will encourage labour sponsored venture capital corporations to focus more on small business investments under the 12% part VI surcharge on large deposit making institutions. The 12% part VI surcharge on large deposit making institutions is being extended further to October 31, 2000.
As I indicated at the beginning of my remarks, this bill also contains some non-budget tax measures. One exempts the income of the trust that has been established by the federal, provincial and territorial governments to provide compensation to hepatitis C victims from income taxation.
Finally, the bill ensures that for tax purposes cash demutualization benefits are treated as dividends and therefore are subject to the low dividend rate. While there is no immediate tax benefit associated with a policyholder receiving a share as a demutualization benefit, a capital gain would be recognized once the share is sold.
In conclusion, I encourage my hon. colleagues to support the bill. Each of these measures improves the operation of the tax system and each adheres to the principle of tax fairness. Together the measures introduced in the 1997, 1998 and 1999 budgets reduce the income tax burden of Canadians by some 10%.
But, as the Minister of Finance said last fall, these are only the first steps. Combined with the actions in those budgets, the measures in the 2000 budget will see personal income taxes reduced by 22% in 2004-05.
Let us pass this bill quickly, colleagues, so we can move on to implementing the five year tax reduction plan.