A summary of tax and support measures announced by the federal government.
December 14, 2021
By RBC Wealth Management Services
Deputy Prime Minister and Minister of Finance Chrystia Freeland released an economic and fiscal update on Dec. 14, 2021. The update focuses on finishing the fight against COVID-19 with strong public health policy and extending economic supports. The government notably did not introduce any significant new tax measures. Rather, they provided an update on several of their Budget 2021 measures and promised to address others in their upcoming spring 2022 budget.
The following is a summary of some of the tax and support measures announced in this economic and fiscal update.
The government is continuing to provide financial support to Canadians impacted by COVID-19. The government has introduced legislation to:
The government is also proposing to:
Following the proposed amendments to the “Canada Labour Code” to require 10 days of paid sick leave per year for federally regulated private sector employees, the government has announced a consultation with federally regulated employers and employees on the implementation of the proposed legislation. The government further intends to convene provinces, territories, and other interested stakeholders to develop a national plan to legislate paid sick leave for employees across the country, while respecting provincial-territorial jurisdiction and recognizing the needs of small business owners.
The government provided an update on proposed measures introduced in Budget 2021 to build a Canada-wide, community based early learning and child care system. This includes a plan to provide $10-a-day regulated child care spaces for children under six years old. To date there are agreements in place with most Canadian provinces and territories with the exception of Ontario, New Brunswick, Northwest Territories and Nunavut.
Currently, teachers can claim a 15 percent refundable tax credit on eligible supplies, up to $1,000, purchased for use in a school or regulated child care facility. The government proposes to:
These changes would apply to 2021 and subsequent taxation years.
The government is committed to ensuring that corporations in all sectors, including digital corporations, pay their fair share of tax on the money they earn by doing business in Canada. Budget 2021 proposed to implement a digital services tax (DST). The DST would apply at a rate of three percent on revenue earned by large businesses from certain digital services that rely on data and content contributions from Canadian users.
Since that time, the government has been working with its international partners to bring a multilateral plan for international tax reform into effect. To ensure that Canadians’ interests are protected in the meantime, on Oct. 8, 2021, the government announced that it would move ahead with legislation to enact the DST. The DST would be imposed as of Jan. 1, 2024 but only if the treaty implementing the new multilateral tax regime has not come into force by that time. In that event, the DST would be payable as of 2024 in respect of revenues earned as of Jan. 1, 2022. The government hopes the timely implementation of the new international system will make this unnecessary.
The government proposed in Budget 2021 an investment tax credit for capital invested in carbon capture, utilization, and storage (CCUS) projects with the goal of substantially reducing emissions. This new investment tax credit would be available for a broad range of CCUS applications across different industrial subsectors. The government has engaged in consultations with various stakeholders to provide input on the design of the investment tax credit for CCUS and will outline the final design of the proposed investment tax credit in the 2022 budget.
The government intends to encourage small businesses to invest in better ventilation and air filtration by proposing to introduce a refundable tax credit. This credit will be available to eligible entities in respect of qualifying expenses attributable to air quality improvements in qualifying locations incurred between Sept. 1, 2021 and Dec. 31, 2022.
Similar to Climate Action Incentive payments that are made directly to the provinces that don’t meet federal requirements (currently, Ontario, Manitoba, Saskatchewan and Alberta), the government is proposing to return fuel charge proceeds directly to farming businesses in these jurisdictions via a refundable tax credit, starting for the 2021-2022 fuel charge year. This is to recognize that many farmers use natural gas and propane in their operations.
The return of fuel charge proceeds would be available to corporations, individuals and trusts that are actively engaged in either the management or day-to-day activities of earning income from farming and incur total farming expenses of $25,000 or more, all or a portion of which are attributable to the earlier mentioned jurisdictions. This would include where they carry on business through a partnership.
The credit amount is determined by multiplying a payment rate that is specified every year to the eligible farming expenses. Those eligible can claim this refundable tax credit through their tax returns that include the 2021 and 2022 calendar years.
Budget 2021 proposed to introduce a tax on the sales, for personal use, of luxury cars and personal aircraft with a retail sales price over $100,000, and boats, for personal use, over $250,000. The tax would be calculated at the lesser of 20 percent of the value above the threshold ($100,000 for cars and personal aircraft, $250,000 for boats) or 10 percent of the full value of the luxury car, boat, or personal aircraft. The Department of Finance has undertaken consultations with respect to the design of this measure and is working to incorporate the results of this consultation into the proposed tax framework. Draft legislation, including details on coming-into-force, will be released in early 2022.
Budget 2021 announced the government’s intention to implement a national, annual one-percent tax on the value of non-resident, non-Canadian owned residential real estate in Canada that is considered to be vacant or underused (the “Underused Housing Tax”). Certain exemptions apply.
It is proposed that the tax be effective for the 2022 calendar year. The initial Underused Housing Tax returns, for the 2022 calendar year, will be required to be filed with the Canada Revenue Agency (CRA) on or before April 30, 2023 and any tax payable would be required to be remitted on or before that date.
Prior to implementing any strategies, individuals should consult with a qualified tax advisor, legal professional or other applicable professional.
While it has been the long-standing practice of the CRA to allow taxpayers to file their tax returns based on proposed legislation, a taxpayer remains potentially liable for taxes under current law in the event that a proposal is not ultimately passed. Therefore, if proposed legislation does not become law, it is possible that the CRA may assess or re-assess your tax return based on existing legislation. It is recommended that you consult a professional tax advisor to assist you in assessing the costs and benefits of proceeding with specific proposals as they relate to you.
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