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26 April 2021 Canada issues Federal budget 2021-22: A recovery plan for jobs, growth and resilience On 19 April 2021, Canadian Finance Minister Chrystia Freeland tabled her first budget. This budget focuses on the priorities laid out in the 2020 Speech from the Throne: fighting the pandemic and saving lives, supporting people and businesses through the crisis, strengthening the middle class and helping people working hard to join it, creating jobs and building long-term competitiveness with clean growth, establishing a nationwide early learning and child care system, building safer communities for everyone, achieving progress on gender equality, walking the road of reconciliation and fighting discrimination of every kind, with support for women and Black entrepreneurs, as well as those from other underrepresented groups. In her budget speech, Minister Freeland stated, “As Canada pivots to recovery, our economic plan will too. We promised last year to spend up to $100 billion over three years to get Canada back to work and to ensure the lives and prospects of Canadians are not permanently stunted by this pandemic recession. This budget keeps that promise.” The Minister anticipates a deficit of CA$354.2 billion1 for fiscal 2020–21 and $154.7 billion for fiscal 2021–22, with reduced deficits for each of the next four fiscal years. No changes are proposed to the corporate income tax rates, other than a temporary reduction in rates for qualifying zero-emission technology manufacturers, effective for taxation years beginning after 2021. There are no changes proposed to the $500,000 small-business income limit of a Canadian-controlled private corporation (CCPC). The enacted Canadian federal corporate income tax rates are summarized in Table A. *For qualifying income from zero-emission technology manufacturing or processing activities, a 7.5% general corporate rate and 4.5% small business rate apply (as discussed below). Budget 2021 proposes a temporary measure to reduce the corporate tax rates on manufacturers of qualifying zero-emission technology. Specifically, income that would otherwise be subject to the 15% general corporate rate would now be taxed at a 7.5% rate, and income that would otherwise be taxed at the 9% small-business rate would now be taxed at a 4.5% rate. Budget 2021 documents include a list of the types of manufacturing activities that would be eligible for the reduced rate. Eligible activities include things such as manufacturing of energy conversion equipment (e.g., solar, wind, water, geothermal), and they include most manufacturing activities around zero-emission vehicles (e.g., vehicle, battery and charging stations). The amount of eligible income that is subject to the reduced tax rate is proposed to be calculated based on a proportion of the taxpayer’s cost of labor and capital used in the eligible activities to the total cost of labor and capital. The Government is welcoming feedback on this allocation method.
Budget 2021 proposes to extend the Canada Emergency Wage Subsidy (CEWS) program and contains several other changes.
The Canada Emergency Rent Subsidy (CERS) was introduced in September 2020 and provides a rent subsidy in respect of eligible rent and mortgage interest expenses of up to $75,000/location per claim period, up to a maximum of $300,000 per claim period. Like the CEWS, the CERS is based on the revenue decline experienced by the qualifying renter in the relevant qualifying period to a maximum of 65%. If the location is subject to a public health restriction during the qualifying period, an additional 25% subsidy is available, with the CERS being up to 90% of an affected qualifying renter’s eligible rent expense. Budget 2021 proposes to extend the CERS program through the summer, ending 25 September 2021. However, starting with Period 18 on 4 July 2021, the subsidy rates will be reduced and phased out. The 25% lockdown support top-up subsidy, however, will remain for the balance of the program. Further, while any revenue decline qualifies a qualifying renter for the CERS under the current program, starting with Period 18, qualifying renters whose revenue decline is 10% or less will no longer qualify for the program.
To encourage employers to hire new employees or bring back laid-off workers, Budget 2021 proposes a new temporary wage subsidy — the Canada Recovery Hiring Program (CRHP) — starting 6 June 2021. Employers eligible for the CEWS will be eligible for the CRHP, with the exception being that for for-profit corporations, only CCPCs will be eligible for the CRHP.
For example, if an eligible employee was not on the employer’s payroll between 14 March and 10 April 2021, the employee’s baseline remuneration would be $0. If the employee is hired 1 June and is paid $1,500/week, the employee’s eligible remuneration for Period 17 (6 June to 3 July 2021) would be $4,516 (being $1,129 x 4 weeks), and therefore the employee’s incremental remuneration for Period 17 would be $4,516. As the CRHP rate for Period 17 is 50%, provided the employer had a decrease in qualifying revenue, the employer would be entitled to a CRHP subsidy of $2,258. Qualifying employers will need to choose between claiming the CEWS or the CHRP in respect of each qualifying period. The CHRP is only available for salary and wages of eligible employees employed primarily in Canada and is not available for eligible remuneration paid to furloughed employees. Like the CEWS, an employer has 180 days after the end of the particular qualifying period to file their CRHP application. Budget 2021 expands on previous measures to accelerate tax deductions for the acquisition of certain property by CCPCs. The current capital cost allowance (CCA) system determines the amount of tax deductions that are allowed on capital property over the life of the asset. In 2018, measures were introduced to accelerate deductions in the year of acquisition, and for certain assets immediate expensing was introduced. For CCPCs, Budget 2021 proposes to temporarily expand the assets available for immediate expensing. The assets eligible for immediate expensing would be all assets subject to the CCA rules except property included in Classes 1 to 6, 14.1, 17, 47, 49 and 51. The property must be acquired on or after 19 April 2021 and must be available for use prior to 1 January 2024. CCPCs would be able to immediately expense up to a maximum of $1.5 million per taxation year, but the maximum must be shared with other members of an associated group of CCPCs. Further, the $1.5 million will be prorated for taxation years that are shorter than 365 days, with no carryforward available if the full amount is not used in a specific taxation year.
Eligible investments in specified clean energy generation and conservation equipment may qualify for accelerated CCA rates by being included in either Class 43.1 or 43.2 (30% and 50% declining balance, respectively). Class 43.2 generally includes property that would otherwise be included in Class 43.1, except that in certain cases Class 43.2 imposes stricter eligibility criteria. Property in these classes that is acquired after 20 November 2018 and that becomes available for use before 2024 is eligible for immediate expensing, while property that becomes available for use after 2023 and before 2028 is subject to a phase-out from these immediate expensing rules. Budget 2021 proposes to expand Classes 43.1 and 43.2 to include the following types of property that are acquired and that become available for use on or after 19 April 2021, provided they have not been used or acquired for use for any purpose before this date:
Budget 2021 also proposes to remove the following types of property from Classes 43.1 and 43.2 in respect of property that becomes available for use after 2024:
A new investment tax credit was proposed as part of the Government’s overall plan to achieve net-zero emissions by 2050. This incentive, which will come into effect in 2022, is specifically for capital invested in such projects. The ultimate goal of this tax credit is to reduce annual emissions of CO2 by at least 15 megatonnes. As currently contemplated, the credit would apply to direct air capture projects and hydrogen production, but would not apply to enhanced oil recovery projects. Further details of this new credit, including the credit rate, have not yet been determined. The Government plans to embark on a 90-day consultation with industry stakeholders and provincial governments with respect to the design of the credit, after which appropriate legislation will be introduced. Given the disruption to the film and video industry due to COVID-19, Budget 2021 proposes temporary extensions to timelines for both the Canadian Film or Video Production Tax Credit (CPTC) and the Film or Video Production Services Tax Credit (PSTC). For the CPTC, a 12-month extension is offered with respect to the period in which qualifying expenditures can be incurred, as well as to the deadline for the submission of the certificate of completion. For the PSTC, a 12-month extension to the time in which the aggregate expenditure threshold must be met is also available. The taxpayer must submit a waiver to the Canada Revenue Agency (CRA) and the Canadian Audiovisual Certification Office to take advantage of these extended timelines. The timeline extensions apply to productions for which eligible expenditures were incurred in taxation years ending in 2020 or 2021. Budget 2021 proposes a number of amendments in respect of electronic filing, correspondence, payment and certification requirements, as follows:
In addition, Budget 2021 proposes to eliminate the requirement for handwritten signatures, effective on the date the corresponding legislation receives Royal Assent, for the following forms:
Budget 2021 announced that the Government will consult with stakeholders on the barriers that exist to the creation of employee ownership trusts in Canada, and how workers and owners of private businesses in Canada can benefit from the use of employee ownership trusts. Employee ownership trusts are used in the United States and the United Kingdom to support and encourage employee ownership of a business and facilitate the transition of privately owned businesses to employees. Identifying that the Federal Court of Appeal decision in Her Majesty The Queen v Cameco Corporation has “highlighted concerns with the application of Canada’s domestic transfer pricing rules,” the Government is proposing to release a consultation document on enhancements to Canada’s transfer pricing rules. The documents are to be released in the coming months. Budget 2021 proposes to further implement leading practices recommended by the Organisation for Economic Co-operation (OECD) and the Group of 20 in the Base Erosion and Profit shifting (BEPS) Action Plan, specifically in respect of interest deductibility limitations and hybrid mismatch arrangements. Budget 2021 proposes to introduce a new earnings-stripping rule consistent with the recommendations in the Action 4 Report of the BEPS Action Plan. The new rule would limit the amount of net interest expense that a corporation may deduct in computing its taxable income to no more than a fixed ratio of “tax EBITDA.” Tax EBITDA is described to be a corporation’s taxable income before taking into account interest income and expense, income tax, and deductions for depreciation and amortization, where each of these items is as determined for tax purposes. The new earnings-stripping rule would apply generally to Canadian corporations, trusts, partnerships and Canadian branches of nonresident corporations. Those exempted from the new rule would be limited to CCPCs that, together with any associated corporations, have taxable capital employed in Canada of less than $15 million, and groups of corporations and trusts whose aggregate net interest expense among their Canadian members is $250,000 or less.
The new earnings-stripping rule is to be phased in, with a fixed ratio of 40% of EBITDA for taxation years beginning on or after 1 January 2023 but before 1 January 2024 (the transition year) and 30% for taxation years beginning on or after 1 January 2024. The proposed measure also includes a “group ratio” rule that would allow a taxpayer to deduct interest in excess of the fixed ratio of tax EBITDA where the taxpayer is able to demonstrate that the ratio of net third-party interest to book EBITDA of its consolidated group implies that a higher deduction limit would be appropriate. For this purpose, the consolidated group would comprise the parent company and all of its subsidiaries that are fully consolidated in the parent’s audited consolidated financial statements. Measures of net third-party interest expense and book EBITDA under this rule would be based on the group’s audited consolidated financial statements with appropriate adjustments. The rules should generally allow for the results among a Canadian group to be effectively combined. For example, interest expense and interest income between Canadian members of a corporate group will generally be excluded. Further, Canadian members of a group that have a ratio of net interest to tax EBITDA below the fixed ratio would generally be able to transfer the resultant unused capacity to deduct interest to other Canadian members of the group whose net interest expense deductions, including denied deductions carried over from another year, would otherwise be limited by the rule. (The definition of a “group” for these purposes was not clear and is to be included in the draft legislation.) This combining measure may have limited application to Canadian banks and life insurance companies, which may not be able to combine their net interest income from their regulated banks or insurance businesses against net interest expense for other members of their corporate group that are not regulated banking or insurance entities. Interest denied under the earnings-stripping rule would be able to be carried forward for up to 20 years or back for up to 3 years. Denied interest would be allowed to be carried back to taxation years that begin prior to the effective date of the rule, to the extent that the taxpayer would have had the capacity to absorb these denied expenses, had the proposed rule been in effect for those years. In determining whether the taxpayer would have had the capacity to absorb the denied expenses in those years, any such capacity would be reduced by overall net interest expense, in aggregate for all those years, of Canadian members of the taxpayer’s group that exceeded the fixed ratio (or the group ratio, discussed below, if higher). The Government appears to expect that standalone Canadian corporations and members of groups consisting only of Canadian corporations would, in most cases, not have their interest expense deductions limited under the proposed rule. This is due to the combination of the group ratio rules and measures allowing for combining the Canadian results. Measures to reduce the compliance burden on these entities and groups will be explored. As part of the phasing-in of the new earnings-stripping measure, taxpayers that have interest deductions denied for the transition year would be able to carry back and deduct the denied interest in any of the three preceding years, as discussed above, using the 40% fixed ratio (or the group ratio for that earlier year, if higher) to determine their capacity to absorb carried-back interest in those preceding years. Where interest deductions are denied for a year following the transition year, carrybacks of denied interest to the transition year or an earlier year would be allowed using the 30% fixed ratio (or the group ratio for the transition year or that earlier year, as the case may be, if higher) to determine their capacity to absorb carried-back interest in those preceding years. This measure would apply to taxation years that begin on or after 1 January 2023 (with an anti-avoidance rule to prevent taxpayers from deferring the application of the measure) and would apply with respect to existing as well as new borrowings. Draft legislative proposals are expected to be released for comment in the summer. Budget 2021 describes hybrid mismatch arrangements as cross-border tax avoidance structures that exploit differences in the income tax treatment of business entities or financial instruments under the laws of two or more countries to produce mismatches in tax results. The Action 2 report of the BEPS Action Plan details rules for countries to adopt in their domestic legislation with the objective of neutralizing tax benefits arising out of hybrid mismatch arrangements. Budget 2021 proposes to implement rules consistent with the Action 2 recommendations, with appropriate adaptations to the Canadian income tax context. The supplemental information released with Budget 2021 identifies the following types of hybrid mismatch that were addressed in the BEPS Action 2 recommendations:
Budget 2021 proposes an annual 1% tax on vacant or underused residential properties owned by nonresident, non-Canadian persons. In its 2020 fall economic statement, the Government announced that it would take steps to implement a national, tax-based measure targeting the unproductive use of domestic housing that is owned by nonresident non-Canadians. This measure is intended as a tool to assist in maintaining the affordability of residential housing for Canadians. In Budget 2021, the Government announced its intention to implement a national, annual 1% tax on the value of nonresident, non-Canadian-owned residential real estate that is considered to be vacant or underused, effective 1 January 2022. The tax would require all owners, other than Canadian citizens or permanent residents of Canada, to file a declaration as to the current use of the property, with significant penalties for failure to file. Beginning in 2023, all owners of residential property in Canada, other than Canadian citizens or permanent residents of Canada, would be required to file an annual declaration for the prior calendar year with the CRA in respect of each Canadian residential property they own. The requirement to file an annual declaration would apply irrespective of whether the owner is subject to tax in respect of the property for the year. In the declaration, the owner would be required to report information such as the property address, the property value and the owner’s interest in the property. The owner may be eligible to claim an exemption from the tax in respect of a property for the year. An exemption may be available, for instance, where a property is leased to one or more qualified tenants in relation to the owner for a minimum period in a calendar year. Where an exemption in respect of a property for the year is not available, the owner would be required to calculate the amount of tax owing and report and remit it to the CRA by the filing due date. The failure to file a timely declaration with respect to a property for a calendar year could result in the loss of any available exemptions in respect of the property for the year. Penalties and interest would also be applicable, and the assessment period would be unlimited. The Government intends to release a consultation paper in the coming months to provide stakeholders with an opportunity to comment on the parameters of the proposed tax, including on whether special rules should be established for small tourism and resort communities. It is estimated this measure will increase federal revenues by $700 million over four years, starting in 2022–23. Budget 2021 outlines broad proposals to enable the CRA to have better visibility of transactions or tax reduction planning that they would consider aggressive in nature. The proposals are based on the principles set out in the OECD BEPS project, Action 12: Final Report.
It is proposed that the new rules will be effective in 2022 following the release of draft legislation in the coming weeks and a consultation period that will end on 3 September 2021. The Income Tax Act currently contains rules that require that certain transactions entered into by a taxpayer be reported to the CRA. For a transaction to be reportable under those rules, it must be an “avoidance transaction,” as that term is defined for the purposes of the general anti-avoidance rule in the Income Tax Act. As well, the transaction must bear at least two of three generic hallmarks:
While the current rules were intended to provide the CRA with information on transactions with the identified hallmarks, they have resulted in limited reporting by taxpayers. Amendments to the reportable transaction rules are proposed to increase reporting under the mandatory disclosure rules and to bring them in line with international leading practices. In particular, it is proposed that only one generic hallmark be met in order for a transaction to be reportable. It is also proposed that the definition of “avoidance transaction” for these purposes be amended so that a transaction be considered an avoidance transaction if it can reasonably be concluded that one of the main purposes of entering into the transaction is to obtain a tax benefit. It is proposed that a taxpayer who enters into a reportable transaction, or another person who enters into such a transaction in order to procure a tax benefit for the taxpayer, would be required to report the transaction to the CRA within 45 days of the earlier of:
It is further proposed that reporting (as a reportable transaction) of a scheme that, if implemented, would be a reportable transaction be required to be made by a promoter or advisor (as well as by persons who do not deal at arm’s length with the promoter or advisor and who are entitled to receive a fee with respect to the transaction) within the same time limits. It is proposed that an exception to the reporting requirement be available for advisors to the extent that solicitor-client privilege applies. To provide the CRA with pertinent information relating to tax avoidance transactions (including series of transactions) and other transactions of interest on a timely basis, it is proposed, similar to Quebec’s recently released “specified transactions,” to introduce a category of specific hallmarks known as “notifiable transactions.” These notifiable transactions would be designated by the Minister of National Revenue with the concurrence of the Minister of Finance. No specific list of notifiable transactions was released in the budget documents. The reporting requirements of taxpayers and promoters for notifiable transactions are proposed to mirror those previously noted. An uncertain tax treatment is a tax treatment used, or planned to be used, in an entity’s income tax filings for which there is uncertainty over whether the tax treatment will be accepted as being in accordance with tax law. At present, there is no requirement in Canada to disclose uncertain tax treatments. It is proposed that specified corporate taxpayers be required to report particular uncertain tax treatments to the CRA. A reporting corporation would generally be required to report an uncertain tax treatment in respect of a taxation year where the following conditions are met:
For each reportable uncertain tax treatment of a corporation, the corporation would be required to provide prescribed information, such as the quantum of taxes at issue, a concise description of the relevant facts, the tax treatment taken (including the relevant sections of the Income Tax Act) and whether the uncertainty relates to a permanent or temporary difference in tax. It is proposed that uncertain tax treatments be required to be reported at the same time that the reporting corporation’s Canadian income tax return is due. It is proposed that, where a taxpayer has a reporting requirement in respect of a transaction relevant to the taxpayer’s income tax return for a taxation year, the normal reassessment period would not commence in respect of the transaction until the taxpayer has complied with the reporting requirement. As a result, if a taxpayer does not comply with a mandatory disclosure reporting requirement for a taxation year in respect of a transaction, a reassessment of the year in respect of the transaction would not become statute barred. It is proposed that, with respect to persons who enter into reportable or notifiable transactions, or for whom a tax benefit results from a reportable or notifiable transaction, a penalty of $500 per week apply for each failure to report a reportable transaction or a notifiable transaction, up to the greater of $25,000 and 25% of the tax benefit, or for corporations that have assets that have a total carrying value of $50 million or more, a penalty of $2,000 per week, up to the greater of $100,000 and 25% of the tax benefit. It is also proposed that, with respect to advisors and promoters of reportable or notifiable transactions, as well as with respect to persons who do not deal at arm’s length with them and who are entitled to a fee with respect to the transactions, a penalty be imposed for each failure to report equal to the total of:
For corporations subject to the requirement to report uncertain tax treatments, it is proposed that the penalty for failure to report each particular uncertain tax treatment be $2,000 per week, up to a maximum of $100,000. Budget 2021 proposes several measures to address the perceived abusive arrangements designed to avoid joint and several liability for taxes on the non-arm’s length transfer of property (tax debt avoidance rule), as well as a penalty for those who devise and promote these schemes. Specifically, the proposals introduce anti-avoidance rules: (i) deeming a tax debt to have arisen before the end of the taxation year of a transfer of property; (ii) deeming the transferor and transferee, who are dealing at arm’s length, to be deemed not to be dealing at arm’s length; and (iii) requiring the overall result of the series of transactions to be considered in determining the values of properties transferred. A penalty is proposed for advisors and promoters of tax debt avoidance schemes. The rules would apply in respect of transfers of property that occur on or after 19 April 2021. A recent Tax Court decision called into question whether the CRA can require persons to fully co-operate in providing oral and written information during a tax audit. The budget proposes to introduce enhanced rules that would give the CRA the authority it needs to conduct audits and other compliance activities under the various acts dealing with numerous taxes and federal charges. There are no individual income tax rate or tax bracket changes in this budget. The brackets will continue to be indexed for inflation. See Table B for the 2021 federal rates and the Appendix for the top combined marginal rates by province and territory.
Budget 2021 proposes to enhance the Canada workers benefit (CWB), a refundable tax credit aimed at supplementing the earnings of low- and modest-income workers, for 2021 and later taxation years, as follows:
To qualify for the disability tax credit (DTC), an individual must have one or more severe and prolonged impairments in physical or mental functions. The effects of the impairment must be such that the individual’s ability to perform a basic activity of daily living is markedly restricted or would be without life-sustaining therapy. Basic activities of daily living are defined to include “mental functions necessary for everyday life.” Under current rules, the definition of “life-sustaining therapy” includes the requirement that it be administered at least three times a week for an average of at least 14 hours each week. Budget 2021 proposes a number of technical changes to improve access to the DTC and other tax-related measures requiring a DTC certificate as follows:
Individuals who must repay certain COVID-19 benefits may only claim a deduction in the year of repayment. Since COVID-19 benefits are taxable in the year of receipt, under current rules the income inclusion and related tax liability may be in a different year than the deduction for repayment. Budget 2021 proposes to allow individuals who repay certain COVID-19 benefits before 2023 to claim a deduction in computing income for the year in which the benefit was received, rather than in the year the repayment was made. If the individual makes the repayment after filing their income tax return reporting the income inclusion, the proposal allows the individual who claimed the deduction to be able to file an adjustment. Budget 2021 also proposes to include COVID-19 benefits received by individuals who are considered nonresident persons for income tax purposes in their taxable income earned in Canada. Budget 2021 proposes to include postdoctoral fellowship income in “earned income” for the purpose of determining an individual’s contribution limit for a registered retirement savings plan (RRSP). The proposal, which will apply in respect of postdoctoral fellowship income received in 2021 and subsequent years, will also allow a taxpayer to request an adjustment to their RRSP room in respect of postdoctoral fellowship income received from 2011 to 2020. Budget 2021 proposes to expand access to the travel component of the northern residents deduction to northern resident taxpayers without employer-provided travel benefits. For 2021 and later taxation years, residents of northern zones will have the option to claim (in respect of themselves and each eligible family member) the amount of employer-provided travel benefits received or up to a standard amount of $1,200. The standard amount is reduced to $600 in the case of residents of intermediate zones. The 2021 federal budget proposes to permit plan administrators of defined contribution pension plans to correct for both undercontributions and overcontributions as follows:
The plan administrator will be required to file a prescribed form in respect of each affected employee, rather than amend prior-year T4 slips. These measures apply in respect of additional contributions made, and amounts of overcontribution refunded, in 2021 and later taxation years. The 2021 federal budget announced a more equitable method of applying the Part X.2 penalty tax to trusts or corporations that are registered investments. Part X.2 tax is targeted at ensuring certain registered investments are holding the same properties as the registered plans they are authorized for, by imposing a penalty tax equal to 1% of the fair market value of a non-qualified investment at the time it was acquired, for each month the investment is held. The tax is currently applied without consideration to the extent registered plans are invested in units or shares of the registered investment. The amendment will prorate any Part X.2 tax, limiting it to the proportion of the registered investment held by registered accounts. This amendment generally applies after 2020. However, it may also apply retroactively to months prior to 2021, provided the CRA has not finally determined the Part X.2 tax in respect of the pre-2021 months as of 19 April 2021. Budget 2021 proposes the following changes to increase Old Age Security for Canadians who are age 75 and older:
The 2021 federal budget proposes to extend the Canada Recovery Benefit (CRB) by providing up to 12 additional weeks of income support to claimants who will begin exhausting their 38 weeks of CRB support on 19 June 2021. The benefit payment will be equal to $500 per week for the first four additional weeks and will then be reduced to $300 per week for the remaining eight additional weeks. All new CRB claimants after 17 July 2021 will receive the lower weekly rate of $300 up until 25 September 2021. In addition, the budget proposes to extend the Canada Recovery Caregiving Benefit (CRCB) by an additional four weeks, up to a maximum of 42 weeks, at $500 per week. The Government will also seek legislative authority to make further extensions, as necessary, to the CRB-related supports (including the CRCB and the Canada Recovery Sickness Benefit) and EI regular benefits up until 20 November 2021. Allows the Minister to immediately revoke the charitable status of a registered charity or other qualified donee should it become a listed terrorist entity under the Criminal Code. Prevents individuals with a known history of supporting terrorism from becoming directors, trustees or similar officials of registered charities by expanding the definition of an ineligible individual. An ineligible individual will include a listed terrorist entity or a member of a listed terrorist entity, as well as a director, trustee, officer or like official of a listed terrorist entity, or an individual who controlled or managed, directly or indirectly, in any manner whatsoever, a listed terrorist entity during a period in which that entity supported or engaged in terrorist activities. Launches public consultations on potentially increasing the disbursement quota, or minimum annual spending requirement, of charities to ensure that grant-making and spending on charitable activities keep pace with growth in charities’ investment assets. Allows the Minister to suspend a charity’s ability to issue official donation receipts for one year or to revoke an organization’s charitable status where a false statement amounting to culpable conduct was made for the purpose of maintaining charitable registration. The rules currently allow for revocation of charitable status where a false statement is made for the purpose of obtaining charitable registration. On 30 November 2020, the Government tabled Supporting Canadians and Fighting COVID-19: Fall Economic Statement 2020. The fall economic statement (FES) contains significant GST/HST proposals, including measures designed to ensure that GST/HST applies fairly and effectively in the context of an increasingly digital economy. Specifically, nonresident vendors supplying services and digital products to consumers in Canada would be required to register for, collect and remit GST/HST. Similar requirements would apply to supplies of short-term accommodation made through digital accommodation platforms, as well as to goods supplied through fulfillment warehouses. Draft legislation to implement these proposals was issued for public consultation. For more information regarding the FES, see EY Global Tax Alert, Canada announces specified GST/HST regime for e-commerce supplies, dated 4 December 2020. Revised legislation was released with Budget 2021 that incorporated changes taking into account comments received from stakeholders: Safe Harbor Rules for Platform Operators: Under the proposed amendments, platform operators who facilitate sales by third-party suppliers will be jointly and severally, or solidarily, liable for the collection and remittance of GST/HST. However, if the third-party supplier provides false information to the platform operator and the platform operator reasonably relied on the information provided by a third-party supplier, the platform operator will be relieved from liability. This would ensure that a platform operator is not held liable for failing to collect and remit tax by relying in good faith on the information provided by a third-party supplier. The liability for amounts of tax not collected would be on the third-party supplier that provided false information. Eligible deductions: Budget 2021 clarifies that suppliers registered for GST/HST under the simplified framework are eligible to deduct amounts for bad debts and certain provincial HST point-of-sale rebates provided to purchasers, and that public libraries and similar institutions are eligible to claim a rebate for the GST paid on audiobooks acquired from suppliers registered under the simplified system. Threshold amount determination: Budget 2021 further proposed to amend the draft legislation to clarify that consideration receivable for zero-rated supplies (i.e., taxable at a rate of 0%) is not included in the $30,000 threshold amount for determining if a person is required to be registered for the GST/HST under the new registration rules. In addition, Budget 2021 clarifies that sales made on board aircraft or vessels engaged in international passenger transportation will be excluded from the new registration requirements. Platform operator information return: Budget 2021 clarifies that the requirement to file an annual information return applies only to platform operators that are registered or required to be registered for the GST/HST. Authority for the Minister of National Revenue to register a person: Budget 2021 proposes to grant the Minister of National Revenue authority to register a person that the Minister believes should be registered under the new registration rules. The Minister of National Revenue is already allowed under the existing GST/HST registration rules to make such a determination. The proposals are expected to come into force starting 1 July 2021. During a 12-month transition period starting from the effective date, the CRA will take a practical approach to compliance and exercise discretion in administering these measures. Businesses can claim input tax credits (ITCs) to recover the GST/HST they pay for goods and services used as inputs in their commercial activities. To support their ITC claims, businesses must obtain and retain information that is contained in supporting documentation (e.g., invoices, receipts) provided by their suppliers. The information requirements for these documents are graduated with progressively more information required when the amount paid or payable in respect of a supply equals or exceeds thresholds of $30 or $150. Depending on the amount paid or payable in respect of the supply, either the supplier or the intermediary must provide its business name and its GST/HST registration number. Currently, the term “intermediary” defined in section 2 of the Input Tax Credit Information (GST/HST) Regulations does not include a billing agent. Budget 2021 proposes to increase the current ITC information thresholds to $100 (from $30) and $500 (from $150) and to allow billing agents to be treated as intermediaries for purposes of the required ITC information. The GST new housing rebate entitles homebuyers to recover 36% of the GST (or the federal component of the HST) paid on the purchase of a new home priced up to $350,000 when certain conditions are met. The rebate is then phased out for between $350,000 and $450,000, with no federal rebate available on homes above this price. One of the conditions is that the purchaser must acquire the new home for use as their primary place of residence or as the primary place of residence of a relation. Currently, if two or more individuals who are not considered to be related buy a new home together, each of them must meet this condition. Budget 2021 addresses this issue. The GST new housing rebate will now be available as long as the new home is acquired for use as the primary place of residence of any one of the purchasers or a relation of any one of the purchasers. This measure would apply to a supply made under an agreement of purchase and sale entered into after 19 April 2021. In addition to imposing GST/HST registration, collection and remittance requirements on nonresident vendors and nonresident digital platform operators, the Government proposed in its FES to implement a new tax on corporations providing digital services. Budget 2021 provides more details about this new tax that is proposed to be applicable at a rate of 3% on revenue from certain digital services reliant on the engagement, data and content contributions of Canadian users. This digital services tax is proposed to apply starting 1 January 2022, until an acceptable multilateral option takes effect (e.g., a multilateral solution under the auspices of the OECD). No draft legislative proposals were announced with respect to the digital services tax, and Budget 2021 indicates that Canada will provide the OECD until the summer of 2021 to reach a consensus on this issue, absent which Canada will move to introduce the digital services tax on 1 January 2022. The Government invites input from stakeholders. Under the Excise Tax Act, provinces are provided relief from the federal excise tax embedded in the price of motive fuels, air conditioners in automobiles and fuel-inefficient vehicles, which they purchase or import for the province’s own use. The provincial-use rebate is available and could be claimed by the province itself or by the vendor when the province does not have an agreement with the Government where, inter alia, the province and the Government mutually agree to pay each other’s taxes. Budget 2021 proposes to create a joint election mechanism to specify that the vendor alone would be eligible to apply for the rebate only if it jointly elects with the province to be the eligible party. This measure would apply in relation to goods purchased or imported by a province on or after 1 January 2022. Budget 2021 proposes to increase the tobacco excise duty rate by $4 per carton of 200 cigarettes, along with corresponding increases to the excise duty rates for other tobacco products, effective 20 April 2021. Manufacturers, importers, wholesalers and retailers are required to pay an inventory tax of $0.02 per cigarette on hand as of 12:01 am 20 June 2021, subject to certain exemptions, and until 30 June 2021 to file a return and pay this inventory tax. Budget 2021 proposes to implement an excise duty on vaping products in 2022 under the framework of the existing Excise Act, 2001. The new duty would apply solely to vaping liquids that are produced in Canada or imported and that are intended for use in a vaping device in Canada. The proposed rate duty would be $1.00 per 10 ml, or fraction thereof, and would be calculated and imposed based on the volume of the smallest immediate container holding the liquid. Similar to excise duty on tobacco and other products, manufacturers and importers of dutiable vaping products would be required to obtain an excise license, and a package stamping regime similar to that used for cigarettes will be imposed showing that duties have been paid on products held for retail sale. The Government intends to work collaboratively with any provinces and territories that may be interested in a federally coordinated approach to taxing the vaping products. Budget 2021 proposes to introduce a tax on the retail sale of new luxury cars and personal aircraft priced over $100,000 and boats priced over $250,000, effective as of 1 January 2022. For vehicles, aircraft and boats sold in Canada, the tax would apply at the point of purchase if the final sale price paid by a consumer (not including the GST/HST or provincial sales tax) is above $100,000 or $250,000, as the case may be. Importations of vehicles, aircraft and boats would also be subject to the tax. For vehicles and aircraft priced over $100,000, the amount of the tax would be the lesser of 10% of the full value of the vehicle or the aircraft, or 20% of the value above $100,000. For boats priced over $250,000, the amount of the tax would be the lesser of 10% of the full value of the boat or 20% of the value above $250,000. Budget 2021 contains several proposals to support Canadian international trade, modernize customs infrastructure, and strengthen Canada’s trade remedy system and trade controls: Currently, some importers with foreign ties value their goods at a lower price than most Canadian importers by using a previous foreign sale price. This practice results in a lower value of duties and taxes paid when importing these goods into Canada. The amendments to the Customs Act and related regulations would ensure that all importers value their goods using the value of the last sale for export to a purchaser in Canada, ensuring fairness for all importers and enhancing consistency with international rules. The changes would also modernize and digitize the duty and tax payment process for commercial importers to minimize administrative burden. These changes involve supporting the implementation and enforcement of a streamlined and harmonized billing cycle for commercial importations that will include flexibility to make good-faith corrections without incurring penalties or interest. These changes would coincide with implementation of key functionalities of the Canada Border Services Agency (CBSA) Assessment and Revenue Management initiative that is set to serve as a single portal for commercial importers. Budget 2021 proposes to provide $656.1 million over five years, beginning in 2021–22, and $123.8 million ongoing, to the CBSA to improve the border experience for travellers, enhance the CBSA’s ability to detect contraband and help protect the integrity of Canada’s border infrastructure. Funding will also support three Canadian preclearance pilots in the United States that would enable customs and immigration inspections to be completed before goods and travellers enter Canada. Budget 2021 announces the Government’s intention to launch public consultations on measures to strengthen Canada’s trade remedy system and to improve access for workers and small and medium-sized enterprises. This may result in proposed amendments to the Special Import Measures Act and the Canadian International Trade Tribunal Act. The Government has been taking steps to bolster its system of trade controls to ensure that Canada effectively manages the cross-border flow of sensitive goods. This includes strengthening Canada’s oversight of the movement of prohibited firearms and arms exports, and additional monitoring and controls for imports of certain steel and aluminum products and supply-managed goods to better monitor trade flows. Budget 2021 proposes to provide $38.2 million over five years, starting in 2021–22, and $7.9 million per year ongoing, to Global Affairs Canada, as additional resourcing to support Canada’s trade controls regime. Budget 2021 announces the Government’s intention to work with Export Development Canada to enhance supports to small and medium-sized exporters and to strengthen human rights considerations in export supports. The Government may propose amendments to the Export Development Act. The Government will proceed with the following pending legislative and regulatory proposals and other previously announced measures, modified to take into account consultations and deliberations since their release. Draft legislative proposals for a new CEWS elective alternative baseline remuneration period re the three new CEWS/CERS qualifying periods (from 14 March to 5 June 2021) (3 March 2021) Draft legislative proposals regarding the CEWS/CERS reduction-in-revenue deeming rule and increased accessibility to CERS lockdown support (24 February 2021) Draft legislative proposals regarding deductions for child care expenses and disability supports for 2020 and 2021 (19 January 2021) Automobile standby charge and operating expense benefit draft legislative proposals for 2020 and 2021 (21 December 2020) Draft legislative proposals regarding flow-through shares rules amendments first announced 10 July 2020 (16 December 2020) [See EY Global Tax Alert, Canada Finance releases legislative proposals on time extension to incur flow-through qualifying expenditures, dated 21 December 2020]. Draft legislative proposals regarding zero-emission vehicles new class 56 first announced 2 March 2020 and expansion of eligibility for classes 54 and 55 (15 December 2020) Bill C-14, Economic Statement Implementation Act 2020, regarding additional Canada Child Benefit payments for 2021 (first announced in the 2020 Fall Economic Statement) and CERS technical amendments on qualifying rent expenses (third reading and adoption by the House of Commons: 15 April 2021) Draft legislative proposals regarding 2020 Fall Economic Statement measures dealing with employee stock options (in replacement of the 17 June 2019 proposals), registered disability savings plans (in replacement of the 30 July 2019 proposals) and agricultural cooperatives patronage dividends paid in shares (30 November 2020) [See EY Global Tax Alerts, Canada: Income tax measures from the 2020 federal Fall Economic Statement, dated 3 December 2020 and Canada reintroduces stock option proposals, dated 8 December 2020. Draft amending regulations regarding temporary relief from certain requirements related to registered pension plans and deferred salary leave plans (2 July 2020) Draft legislative proposals regarding the Canadian journalism labor tax credit, the criteria for qualified Canadian journalism organization status, and the digital news subscription tax credit (17 April 2020) Notice of ways and means motion regarding the increase in the basic personal amount from $12,298 to $15,000 by 2023 for those earning less than, or equal to, the amount at which the 29% tax bracket begins (i.e., $150,473 in 2020 and $151,978 in 2021) and other related or consequential changes (9 December 2019) Draft legislative proposals relating to shared-custody parent — clarification of Canada Child Benefit and GST/HST credit eligibility (29 August 2019) Draft legislative proposals relating to the remaining measures from the 2019 federal budget (including foreign affiliate dumping, cross-border securities arrangements, transfer pricing, mutual funds “allocation to redeemers” methodology, additional types of permitted annuities for registered plans, extended reassessment period, and electronic delivery of requirements for information) and certain technical revisions from measures enacted in Bill C-97 (2019) (regarding CCA and resources expenses) (30 July 2019) [See EY Global Tax Alert, Finance Canada releases draft legislation for 2019 budget measures, dated 2 August 2019.] Remaining measures from the 2018 federal budget (tabled 27 February 2018) and from the related 27 July 2018 draft legislation Proposed Greenhouse Gas Offset Credit System Regulations (Canada) under the Greenhouse Gas Pollution Pricing Act (GGPPA) (6 March 2021). Draft legislative proposals regarding 2020 fall economic statement remaining measures dealing with the zero-rating of face masks and face shields (30 November 2020) [see EY Global Tax Alert, Canada announces specified GST/HST regime for e-commerce supplies, dated 4 December 2020]. Draft regulations amending various regulations relating to Part I of the GGPPA allowing Alberta TIER facilities to obtain fuel without federal fuel charge applying (6 December 2019). Draft legislative proposals relating to the remaining measures from the 2019 federal budget (30 July 2019) [See EY Global Tax Alert, Finance Canada releases draft legislation for 2019 budget measures, dated 2 August 2019.] Draft legislative proposals relating to holding corporations, drop shipment rules, virtual currencies and freight transportation services (17 May 2019) [See EY Global Tax Alert, Finance Canada releases draft amendments and proposals for ETA section 186 holding corporation rules: update, dated 28 May 2019.] Remaining measures from the 2018 federal budget (tabled 27 February 2018) and from the related 27 July 2018 draft legislation.
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