Taxation in Canada

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Template:Short description Template:Taxation by country Template:Taxation In Canada, taxation is a legislative power shared between the federal government and the various provincial and territorial legislatures.

Constitutional authority

Under the Constitution Act, 1867, taxation powers are vested in the Parliament of Canada under s. 91(3) for:

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The provincial legislatures have a more restricted authority under ss. 92(2) and 92(9) for:

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The provinces also have a taxation power relating to provincial natural resources, set out in s. 92A of the Constitution Act, 1867:

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In turn, the provincial legislatures have authorized municipal councils to levy specific types of direct tax, such as property tax.

The powers of taxation are circumscribed by ss. 53 and 54 (both extended to the provinces by s. 90), and 125, which state:

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Nature of the taxation power in Canada

Template:See also Since the 1930 Supreme Court of Canada ruling in Lawson v. Interior Tree Fruit and Vegetables Committee of Direction, taxation is held to consist of the following characteristics:<ref>Template:Cite CanLII</ref>

  • it is enforceable by law;
  • imposed under the authority of the legislature;
  • levied by a public body; and
  • intended for a public purpose.

In order for a tax to be validly imposed, it must meet the requirements of s. 53 of the Constitution Act, 1867, but the authority for such imposition may be delegated within certain limits. Major J noted in Re Eurig Estate:<ref>Template:Cite journal</ref>

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This was endorsed by Iacobucci J in Ontario English Catholic Teachers' Assn. v. Ontario (Attorney General), and he further stated:

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Taxation vs regulatory charge

In Westbank First Nation v. British Columbia Hydro and Power Authority, the SCC declared that a government levy would be in pith and substance a tax if it was "unconnected to any form of a regulatory scheme."<ref>Template:Cite CanLII</ref> The test for a regulatory fee set out in Westbank requires:

  • a complete, complex and detailed code of regulation;
  • a regulatory purpose which seeks to affect some behaviour;
  • the presence of actual or properly estimated costs of the regulation; and
  • a relationship between the person being regulated and the regulation, where the person being regulated either benefits from, or causes the need for, the regulation.<ref>Westbank First Nation, par. 44</ref>

In 620 Connaught Ltd. v. Canada (Attorney General), the Westbank framework was qualified to require "a relationship between the charge and the scheme itself."<ref>Template:Cite CanLII</ref> This has resulted in situations where an imposition can be characterized as neither a valid regulatory charge nor a valid tax. In Confédération des syndicats nationaux v. Canada (Attorney General), a funding scheme for employment insurance that was intended to be self-financing instead generated significant surpluses that were not used to reduce EI premiums in accordance with the legislation. It was therefore held to be contrary to the federal unemployment insurance power under s. 91(2A) and thus not a valid regulatory charge, and there was no clear authority in certain years for setting such excess rates, so it was not a valid tax.<ref>Template:Cite CanLII</ref>

Direct vs indirect taxation

The question of whether a tax is "direct taxation" (and thus falling within provincial jurisdiction) was summarized by the Judicial Committee of the Privy Council in The Attorney General for Quebec v Reed,<ref>Template:Cite BAILII</ref> where Lord Selborne stated:

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"Indirect taxation" has been summarized by Rand J in Canadian Pacific Railway Co. v. Attorney General for Saskatchewan in these words:<ref>Template:Cite CanLII</ref>

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When the definition of "direct taxation" is read with s. 92(2)'s requirement that it be levied "within the Province", it has been held that:

  • provincial taxes must fasten onto provincially located persons, property or transactions,Template:Sfn or to extraprovincial persons conducting economic activity within the provinceTemplate:Sfn
  • they may not be levied on goods destined for exportTemplate:Sfn
  • they must not impede the flow of interprovincial tradeTemplate:Sfn

Licensing fees and regulatory charges

Allard Contractors Ltd. v. Coquitlam (District) held that:

  • provincial legislatures may charge a fee that is of an indirect nature, where it is supportable as ancillary or adhesive to a valid regulatory scheme under a provincial head of power.<ref>Template:Cite CanLII</ref>
  • in obiter, La Forest J's observation was cited with approval that s. 92(9) (together with the provincial powers over property and civil rights and matters of a local or private nature) allows for the levying of license fees even if they constitute indirect taxation.<ref>Template:Cite book</ref>

Administration

Federal taxes are collected by the Canada Revenue Agency (CRA). Under tax collection agreements, the CRA collects and remits to the provinces:

  • provincial personal income taxes on behalf of all provinces except Quebec, through a system of unified tax returns.
  • corporate taxes on behalf of all provinces except Quebec and Alberta.
  • that portion of the Harmonized Sales Tax that is in excess of the federal Goods and Services Tax (GST) rate, with respect to the provinces that have implemented it.

The Agence du Revenu du Québec collects the GST in Quebec on behalf of the federal government, and remits it to Ottawa. Template:Simple Horizontal timeline

Income taxes

Template:Main article The Parliament of Canada entered the field with the passage of the Business Profits War Tax Act, 1916<ref>S.C. 1916, c. 11</ref> (essentially a tax on larger businesses, chargeable on any accounting periods ending after 1914 and before 1918).<ref>Template:Cite journal</ref> It was replaced in 1917 by the Income War Tax Act, 1917<ref>SC 1917, Chap. 28</ref> (covering personal and corporate income earned from 1917 onwards).<ref>Template:Cite book</ref> Similar taxes were imposed by the provinces in the following years.<ref name = "Aspects" />

Province Introduction of personal income tax Introduction of corporate income tax Tax collection assumed by federal government Personal tax collection resumed by province Corporate tax collection resumed by province Corporate tax collection resumed by federal government
British Columbia 1876 1901 1941<ref name = "WTRA" group=it>introduced under the Wartime Tax Rental Agreement</ref>
Alberta 1932<ref name="SA1932c5" group=it>Template:Cite web</ref> 1932<ref name = "SA1932c5" group=it /> 1941<ref name = "WTRA" group=it /> 1981
Saskatchewan 1932 1932 1941<ref name = "WTRA" group=it />
Manitoba 1923 1924 1938<ref group=it>SM 1937, c. 43; SM 1937Template:Endash38, c. 39</ref>
Ontario 1936<ref group=it>SO 1936, c. 1</ref> 1932<ref group=it>SO 1932, c. 8</ref> 1936<ref group=it>SO 1936, c. 1, s. 76, subsequently authorized by Order in Council P.C. 1081 of May 14, 1937</ref> 1947 2009<ref group=it>Template:Cite web</ref>
Québec 1939 1932 1940<ref group=it>Template:Cite canlaw</ref> 1954<ref group=it>Template:Cite canlaw</ref> 1947<ref group=it>Template:Cite canlaw</ref>
New Brunswick 1941<ref name = "WTRA" group=it />
Nova Scotia 1941<ref name = "WTRA" group=it />
Prince Edward Island 1894 1894 1938<ref group=it>SPEI 1937, c. 18; SPEI 1938, c. 10</ref>
Newfoundland and Labrador 1949

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Municipal income taxes existed as well in certain municipalities, but such taxation powers were gradually abolished as the provinces established their own collection régimes, and none survived the Second World War, as a consequence of the Wartime Tax Rental Agreements.

Personal income taxes

Template:Update Both the federal and provincial governments have imposed income taxes on individuals, and these are the most significant sources of revenue for those levels of government accounting for over 45% of tax revenue. The federal government charges the bulk of income taxes with the provinces charging a somewhat lower percentage, except in Quebec. Income taxes throughout Canada are progressive with the high income residents paying a higher percentage than the low income.<ref>Template:Cite web</ref>

Where income is earned in the form of a capital gain, only half of the gain is included in income for tax purposes; the other half is not taxed.

Settlements and legal damages are generally not taxable, even in circumstances where damages (other than unpaid wages) arise as a result of breach of contract in an employment relationship.<ref>Template:Cite web</ref>

Federal and provincial income tax rates are shown at Canada Revenue Agency's website.

Personal income tax can be deferred in a Registered Retirement Savings Plan (RRSP) (which may include mutual funds and other financial instruments) that are intended to help individuals save for their retirement. Tax-Free Savings Accounts allow people to hold financial instruments without taxation on the income earned.

Corporate taxes

Template:Main Companies and corporations pay corporate tax on profit income and on capital. These make up a relatively small portion of total tax revenue. Tax is paid on corporate income at the corporate level before it is distributed to individual shareholders as dividends. A tax credit is provided to individuals who receive dividend to reflect the tax paid at the corporate level. This credit does not eliminate double taxation of this income completely, however, resulting in a higher level of tax on dividend income than other types of income. (Where income is earned in the form of a capital gain, only half of the gain is included in income for tax purposes; the other half is not taxed.)

Corporations may deduct the cost of capital following capital cost allowance regulations. The Supreme Court of Canada has interpreted the Capital Cost Allowance in a fairly broad manner, allowing deductions on property which was owned for a very brief period of time,<ref>Template:Cite web</ref> and property which is leased back to the vendor from which it originated.<ref>Template:Cite web</ref>

Starting in 2002, several large companies converted into "income trusts" in order to reduce or eliminate their income tax payments, making the trust sector the fastest-growing in Canada Template:As of. Conversions were largely halted on October 31, 2006, when Finance Minister Jim Flaherty announced that new income trusts would be subject to a tax system similar to that of corporations, and that these rules would apply to existing income trusts after 2011.

Template:See also Capital tax is a tax charged on a corporation's taxable capital. Taxable capital is the amount determined under Part 1.3 of the Income Tax Act (Canada) plus accumulated other comprehensive income.

On January 1, 2006, capital tax was eliminated at the federal level. Some provinces continued to charge corporate capital taxes, but effective July 1, 2012, provinces have stopped levying corporation capital taxes. In Ontario the corporate capital tax was eliminated July 1, 2010 for all corporations, although it was eliminated effective January 1, 2007, for Ontario corporations primarily engaged in manufacturing or resource activities. In British Columbia the corporate capital tax was eliminated as of April 1, 2010.

From 1932<ref>SC 1932-33, c. 41, section 13, subsequently replaced by SC 1948, c. 52, section 75</ref> until 1951,<ref>SC 1951, c. 51, section 26</ref> Canadian companies were able to file consolidated tax returns, but this was repealed with the introduction of the business loss carryover rules.<ref name = "Donnelly" /> In 2010, the Department of Finance launched consultations to investigate whether corporate taxation on a group basis should be reintroduced.<ref name="Donnelly">Template:Cite journal</ref> As no consensus was reached in such consultations, it was announced in the 2013 Budget that moving to a formal system of corporate group taxation was not a priority at this time.<ref>Template:Cite web</ref>

International taxation

Canadian residents and corporations pay income taxes based on their world-wide income. Canadians are in principle protected against double taxation receiving income from certain countries which gave agreements with Canada through the foreign tax credit, which allows taxpayers to deduct from their Canadian income tax otherwise payable from the income tax paid in other countries. A citizen who is currently not a resident of Canada may petition the CRA to change her or his status so that income from outside Canada is not taxed.

Non-residents of Canada with taxable earnings in Canada (e.g. rental income and property disposition income) are required to pay Canadian income tax on these amounts. Rents paid to non-residents are subject to a 25% withholding tax on the “gross rents”, which is required to be withheld and remitted to Canada Revenue Agency (“CRA”) by the payer (i.e. the Canadian agent of the non-resident, or if there is no agent, the renter of the property) each time rental receipts are paid or credited to the account of the non-resident by the payer. If the payer does not remit the required withholding taxes by the 15th day following the month of payment to the non-resident, the payer will be subject to penalties and interest on the unpaid amounts.<ref>Template:Cite web</ref>

Payroll taxes

Employers are required to remit various types of payroll taxes to the different jurisdictions they operate in:

Jurisdiction Type
Federal
Ontario Employer Health Tax<ref>Template:Cite web</ref>
Quebec
BC Employers Health Tax <ref>Template:Cite web</ref>
All provinces Workers' compensation premiums

Consumption taxes

Sales taxes

Template:See also The federal government levies a value-added tax of 5%, called the Goods and Services Tax (GST), and, in five provinces, the Harmonized Sales Tax (HST). The provinces of British Columbia, Saskatchewan, and Manitoba levy a retail sales tax, and Quebec levies its own value-added tax, which is called the Quebec Sales Tax. The province of Alberta and the territories of Nunavut, Yukon, and Northwest Territories do not levy sales taxes of their own.

Retail sales taxes were introduced in the various provinces on these dates:<ref>Template:Cite journal</ref><ref name="Aspects">Template:Cite book</ref><ref>Template:Cite book</ref>

Evolution of sales tax régimes by jurisdiction
Province Introduction of PST Initial PST rate Last PST rate PST repealed Conversion to HST Conversion to QST Reversion to PST
British Columbia 1948 3% 7% 2010 2013
Alberta 1936<ref group=a>Template:Cite web</ref> 2% 2% 1937<ref group=a>Template:Cite web</ref>
Saskatchewan<ref group=a>Template:Cite web</ref> 1937 2% 6%
Manitoba 1964<ref group="a">originally a Revenue Tax charged on a select list of supplies, replaced by a more general retail sales tax in 1967 - Template:Cite book</ref> 5% 7%
Ontario<ref group=a>Template:Cite web</ref> 1961 3% 8% 2010
Québec 1940<ref group=a>Quebec municipalities, beginning with Montreal in 1935 (SQ 1935, ch. 112), levied their own sales tax at the rate of 2%, which continued until 1964.</ref> 2% 9.5% 2012
New Brunswick 1950 4% 11% 1997
Nova Scotia 1959 3% 11% 1997
Prince Edward Island<ref group=a>Template:Cite web</ref> 1960 4% 10% 2013
Newfoundland and Labrador 1950 3% 12% 1997

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Current sales tax rates

Current sales tax rates by jurisdiction<ref group=b>Template:Cite web</ref>
Province HST GST PST Total Tax
British Columbia 5% 7% 12%
Alberta 5% 5%
Saskatchewan 5% 6% 11%
Manitoba 5% 7% 12%
Ontario 13% 13%
Québec 5% 9.975%<ref group=b>Template:Cite web</ref> 14.975%
New Brunswick 15% 15%
Nova Scotia 14% 14%
Prince Edward Island 15% 15%
Newfoundland and Labrador 15% 15%

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Excise taxes

Template:See also The federal government imposes excise taxes on inelastic goods such as cigarettes, gasoline, alcohol, and for vehicle air conditioners. Provincial governments impose sales taxes on these goods, payable by the purchaser at retail. Canada has some of the highest rates of taxes on cigarettes and alcohol in the world,Template:Cn constituting a substantial share of the retail total price of cigarettes and alcohol paid by consumers. These are sometimes referred to as sin taxes. It is generally acceptedTemplate:Cn that higher prices help deter consumption of these items, which increase health care costs stemming from their use.

The vehicle air conditioner tax is currently set at $100 per air conditioning unit.Template:Cn

Year for introduction of taxes on motor fuels<ref group=g>Template:Cite book</ref>
Jurisdiction Fuel tax Carbon tax Local fuel tax
Federal 1975<ref group=g>During 1941Template:Endash1947, there had been a temporary excise tax in effect.</ref><ref group=g>Template:Cite news</ref>
British Columbia 1923 2008<ref group=g>Carbon Tax Act, SBC 2008, c. 40</ref>
1999 (Metro Vancouver)
2010 (Capital Regional District)
Alberta 1922 2017 <ref>Template:Cite web</ref>
Saskatchewan 1928
Manitoba 1923
Ontario 1925<ref group=g>The Gasoline Tax Act, SO 1925, c. 28</ref> 2017 <ref>Template:Cite web</ref>
Quebec 1924 2007<ref group=g>An Act respecting the implementation of the Québec Energy Strategy and amending various legislative provisions, 2006, c. 46</ref>
1996 (Montreal Metropolitan Community)
New Brunswick 1926
Nova Scotia 1926
Prince Edward Island 1924
Newfoundland before Confederation<ref>Newfoundland was not part of Canada until 1949.</ref>

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At the federal level, Canada has imposed other excise taxes in the past:

  • From 1915 to 1953, on the issue of cheques and other commercial paper.<ref>Template:Cite web</ref>
  • From 1920 to 1927, on advances of money<ref>Template:Cite web</ref>
  • From 1920 to 1953, on the transfer of securities.<ref>Template:Cite web</ref> Initially applying to shares,<ref>SC 1920, c. 71</ref> it was extended to cover bonds and related items in 1922.<ref>SC 1922, c. 47</ref>
  • From 1923 to 1926, on the issue of receipts.<ref>Template:Cite web</ref>

Capital gains tax

A Capital gains tax was first introduced in Canada by Pierre Trudeau and his finance minister Edgar Benson in the 1971 Canadian federal budget.<ref name=":LeaderPost">Template:Cite web</ref>

Some exceptions apply, such as selling one's primary residence which may be exempt from taxation.<ref>Template:Cite web</ref> Capital gains made by investments in a Tax-Free Savings Account (TFSA) are not taxed.

Since the 2013 budget, interest can no longer be claimed as a capital gain. The formula is the same for capital losses and these can be carried forward indefinitely to offset future years' capital gains; capital losses not used in the current year can also be carried back to the previous three tax years to offset capital gains tax paid in those years.

If one's income is primarily derived from capital gains then it may not qualify for the 50% multiplier and will instead be taxed at the full income tax rate.<ref>Template:Cite news</ref><ref>Template:Cite news</ref> CRA has a number of criteria to determine whether this will be the case.

For corporations as for individuals, 50% of realized capital gains are taxable. The net taxable capital gains (which can be calculated as 50% of total capital gains minus 50% of total capital losses) are subject to income tax at normal corporate tax rates. If more than 50% of a small business's income is derived from specified investment business activities (which include income from capital gains) they are not permitted to claim the small business deduction.

Capital gains earned on income in a Registered Retirement Savings Plan are not taxed at the time the gain is realized (i.e. when the holder sells a stock that has appreciated inside of their RRSP) but they are taxed when the funds are withdrawn from the registered plan (usually after being converted to a Registered Income Fund at the age of 71.) These gains are then taxed at the individual's full marginal rate.

Capital gains earned on income in a TFSA are not taxed at the time the gain is realized. Any money withdrawn from a TFSA, including capital gains, are also not taxed.

Unrealized capital gains are not taxed.

Capital Gains on a Primary Residence

Primary residences are exempt from capital gains. Any gains from selling a primary residence will not be considered a capital gain for taxation purposes.<ref name=":0">Template:Cite web</ref> Any losses are also not considered, and cannot be used to offset previous, current, or future capital gains.

If a property is designated as a primary residence for only a part of the time held, the exemption will only apply to any price appreciation or loss during the time it was a primary residence.<ref name=":0" /> Usually, any price appreciation or loss at the time of sale will be divided evenly across the time the property was held. The price appreciation or loss during the time the property was not a primary residence will be subject to treatment as capital gains.

Wealth taxes

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Property taxes

There are two main types of property taxes: the annual tax and land transfer tax.

Annual Property Tax

The municipal level of government is funded largely by property taxes on residential, industrial and commercial properties; when the municipal council determines the financial budget for the year, they predict an expected revenue that needs to be funded by property tax for municipal services and decide a municipal tax rate that will allow them to achieve the revenue amount. The annual property tax is usually a percentage of the taxable assessed value of the property which is commonly determined by the assessment service provider of the municipality. The annual property tax for any province contains at least two elements: the municipal rate and the education rate. The combination of municipal and education tax portions along with any base taxes or other special taxes determines the full amount of the tax. These taxes account for about ten percent of total taxation in Canada.

Land Transfer Tax

Land transfer tax is due upon the closing of a transfer of property and is calculated based on the market value of the property at a marginal tax rate, although exceptions are determined on a provincial level. Toronto has the highest land transfer tax rates in Canada as it levies an additional land transfer tax equal in value to the Ontario land transfer tax. Alberta and Saskatchewan do not charge land transfer tax. To provide relief for the high costs of land transfer tax, some provinces provide rebates for first-time home buyers:

  • In BC and Ontario, a First Time Home Buyers’ Program is offered to refund a portion of the land transfer tax
  • In Prince Edward Island, all qualifying first-time home buyers are exempt from paying the tax entirely
  • In Montreal, the Montreal Home Ownership Program provides a lump-sum subsidy for purchasing a first home

Gift tax

Gift tax was first imposed by the Parliament of Canada in 1935 as part of the Income War Tax Act.<ref>Template:Cite canlaw</ref> It was repealed at the end of 1971, but rules governing the tax on capital gains that then came into effect include gifts as deemed dispositions made at fair market value,<ref>Template:Cite canlaw</ref> that come within their scope.

Estate tax

Estate taxes have been held to be valid "direct taxation within the province,"<ref>Template:Cite CanLII</ref> but they cannot be charged where property is left outside the province to beneficiaries who are neither resident nor domiciled in the province.<ref>Template:Cite BAILII</ref><ref>Template:Cite BAILII</ref> Succession duties were in effect in the various provinces at the following times:<ref name="CTJ43-5">Template:Cite journal</ref>

Province Introduced Repealed
Ontario 1892 1979
Quebec 1892 1986
New Brunswick 1892 1974
Nova Scotia 1892 1974
Manitoba 1893 1977
Prince Edward Island 1894 1971
British Columbia 1894 1977
Saskatchewan 1905 1977
Alberta 1905 1947
Newfoundland before Confederation 1974

Estate taxes, which were not subject to the territorial limitations that affected provincial taxation, were first introduced at the federal level under the Dominion Succession Duty Act in 1941,<ref>Template:Cite canlaw</ref> which was later replaced by the Estate Tax Act in 1958.<ref>Template:Cite canlaw</ref> The latter was repealed at the end of 1971. From 1947 to 1971, there was a complicated set of federal-provincial revenue-sharing arrangements, where:<ref name = "CTJ43-5" />

  • In Newfoundland, Prince Edward Island, Nova Scotia, New Brunswick, and Manitoba, the federal government collected estate taxes at full rates, but remitted 75% of the revenues derived from each of those provinces;
  • In Alberta and Saskatchewan, the federal government collected estate taxes at full rates, but remitted 75% of the revenues derived from each of those provinces, which was rebated back to the estate;
  • In British Columbia, the federal government collected estate taxes at only 25% of the full rate, and the province continued to levy its own succession duty;
  • In Ontario and Quebec, the federal government collected estate taxes at only 50% of the full rate, and remitted 50% of such collections to such provinces, and the provinces continued to levy their own succession duties.

Upon the repeal of the federal estate tax in 1972, the income tax régime was altered to incorporate consequences arising from the death of a taxpayer, which may result in tax being owed:

  • the property of an estate is said to have incurred a "deemed disposition" at fair market value, thus triggering liability for capital gains and other inclusions into income<ref>Template:Cite web</ref>
  • certain deductions and deferrals are available with respect to capital gains<ref>Template:Cite web</ref>
  • several options are available for applying any outstanding net capital losses<ref>Template:Cite web</ref>
  • income earned or accrued up to the date of death is taxed on the final tax return of the deceased at normal tax rates, but there are several additional optional tax returns that may be filed as well for certain types of income<ref>Template:Cite web</ref>
  • income earned after the date of death is to be declared on a separate return filed by the trust for the estate<ref>Template:Cite web</ref>
  • beneficiaries are taxed on amounts paid from Registered Retirement Savings Plans and registered retirement income funds, but certain rollover reliefs are available<ref>Template:Cite web</ref>

See also

Further reading

References

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