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Ottawa, March 16, 2001 2001-029
Minister of Finance Tables Detailed Notice of Ways and Means Motion
Amending the Income Tax Act
Related documents: Secretary of State (International Financial Institutions) Jim Peterson,
on behalf of Finance Minister Paul Martin, today tabled in the House of
Commons a detailed Notice of Ways and Means Motion to amend the
Income Tax Act to implement income tax measures outstanding from the
previous session of Parliament.
This Notice includes key elements of the Government’s Five-Year Tax Reduction Plan, which was introduced in the February 2000 budget and expanded in the October 2000 Economic Statement and Budget Update. The Five-Year Tax Reduction Plan will provide $100 billion in tax relief by 2004-05, reducing federal personal income tax paid by Canadians by 21 per cent on average. Families with children will receive an even larger tax cut – about 27 per cent on average.
Measures included in the detailed Notice of Ways and Means Motion tabled today:
- reduce tax rates at all income levels. Specifically, the Notice
provides for a reduction in the low- and middle-income tax rates to 16 per cent and 22 per cent respectively as of January 2001. The top
29-per-cent rate is reduced to 26 per cent on incomes between about
$61,000 and $100,000, which means that the 29-per-cent rate applies
only to income in excess of $100,000;
- eliminate the 5-per-cent deficit reduction surtax as of January 2001;
- increase the support for families with children through the Canada
Child Tax Benefit;
- reduce the capital gains inclusion rate from three-quarters to
two-thirds effective February 28, 2000, and further reduce it to
one-half effective October 18, 2000;
- provide a capital gains rollover on investments in shares of certain
small- and medium-sized active business corporations;
- make Canada more competitive by reducing the 28-per-cent general
corporate tax rate to 21 per cent – starting with a 1-point
reduction effective January 1, 2001, followed by a 2-point cut in each
of the following three years; and
- defer the taxation of certain stock option benefits, increase the
stock option deduction and allow an additional deduction for certain
stock option shares donated to charity.
The Notice also includes measures previously introduced in Bill C-43, which had received first reading in the House of Commons during the last session and amendments related to foreign branch banking, which were released in draft form on August 8, 2000.
Also included are measures that have not been previously announced. These additional measures respond to issues raised by interested parties since the release of the draft legislation on December 21, 2000. The attached backgrounder provides a brief description of amendments that are included in the Notice and that have not been previously announced.
To facilitate understanding of the Notice, a revised full set of explanatory notes relating to the proposed amendments is also being released. References to "Announcement Date" in the Notice and explanatory notes should be read as references to today’s date.
The Government intends to introduce a bill implementing these measures at the earliest opportunity.
The Notice and explanatory notes may be viewed on the Department of Finance Web site at the address shown below. Printed copies of the Notice are available for $55 from the Department of Finance Distribution Centre at (613) 943-8665. In a few days, printed copies of the explanatory notes will be available from the Distribution Centre for $65.
__________________ For further information:
Jean-Michel Catta
Public Affairs and Operations Division
(613) 996-8080
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Karl Littler Senior Advisor, Tax Policy Office of the Minister of Finance (613) 996-3170 | Tax Legislation Division (613) 943-9412 | | If you would like to receive automatic e-mail notification of all
news releases, please visit the Department of Finance Canada Web site at http://www.fin.gc.ca/scripts/register_e.asp
The following chart provides a brief description of new proposed amendments to the Income Tax Act that are included in the detailed Notice of Ways and Means Motion and that have not been previously announced. Further information on these measures is available in the Motion and the accompanying explanatory notes.
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Subject |
Description of Changes |
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Stock Option Rights Ceasing to Be Exercisable
(new subsection 7(1.7)) |
This measure ensures taxability of amounts received as
compensation for stock option rights which cease to be exercisable
in accordance with terms of the option agreement. |
Definition "capital dividend account"
(subsection 89(1)) |
The definition "capital dividend account" is amended to
permit the addition thereto of amounts distributed to a private
corporation from a trust in respect of the trust’s capital gains
or capital dividends. |
Combination of technical changes to proposed 73(1.02)(b),
104(1.1), 104(4) and the definition "cost amount" in
108(1) |
These amendments ensure that a rollover is permitted to a trust
for the benefit of a settlor under age 65 only where the transfer
does not result in a change in beneficial ownership. They also
ensure that the first deemed disposition of such a trust is upon the
death of the settlor. The overall effect of the changes is to narrow
the scope of permitted rollovers and provide greater consistency
between such trusts and other trusts to which property can be
transferred on a rollover basis (e.g., spousal or common-law partner
trusts) and ensure that no double taxation results upon the death of
the settlor. |
Transfer of property from a reversionary trust
(subsection 107(4.1)) |
Existing subsection 107(4.1) generally provides for a fair market
transfer on transfer of property from a reversionary trust to
certain beneficiaries. The subsection is amended to ensure that
trust-to-trust transfers on a rollover basis cannot be used to
defeat the policy behind the existing provision. |
"Grandfathering" for stop-loss rules
(subsection 112(3)) |
This provision extends the "grandfathering" on certain
stop-loss provisions to reflect the introduction of new types of
trust (e.g., joint spousal or common-law partner trusts and alter
ego trusts). |
Segregated funds – capital gains inclusion rate
(new subsection 138.1(1.3)) |
This amendment allows segregated funds to allocate capital losses
to their beneficiaries using the same proration treatment as that
applicable for the calculation of their capital gains for the year
2000. |
Definition of "connected" corporation
(section 186) |
This amendment provides that, in determining the meaning of
"connected," one must take into account the extended
meaning of that term as provided in subsection 186(2) unless a
contrary intention is evident. The amendment responds to a 2000 tax
court case (currently under appeal) that interprets the tax law for
the purpose of determining whether two corporations are
"connected" for particular purposes. |
Non-resident film and video actors
(sections 212 and 115) |
A new 23-per-cent withholding tax is proposed to be applied on
payments to non-resident actors or their corporations, subject to an
election to be taxable at normal Part I rates on net income instead. |
Foreign bank branches – transitional relief for conversion of
Canadian subsidiary to branch |
A number of changes have been made to the draft legislation
released on August 8, 2000. These include extended provisions
relating to eligible Canadian affiliates and foreign mergers
[142.7(1) and (2)], extended exclusion of benefit and deemed
disposition provisions [142.7(4)], more extensive reserve continuity
[142.7(7)], extension of the deadlines for conversion relief
[142.7(11)], relaxation of the requirement that dissolution be
completed before losses of a regulated entity can be accessed
[142.7(12)] and more explicit stop-loss provisions [142.7(13)]. |
Foreign bank branches – ongoing operations |
Changes from the draft legislation of August 8, 2000, include
provisions relating to modifications to Office of the Superintendent
of Financial Institutions (OSFI)-filed financial statements
[20.2(1)], use of OSFI-filed financial statements for computation of
income [115(1)(a)(ii)], exemption from the certificate
requirement on the sale of taxable Canadian property [116(6)],
eligibility as "qualified investments" for registered
plans [146, 146.1, 126.3, 204], pro-rating of the capital tax base
based on the proportion of Canadian assets [181.3(1) and 190.11],
exclusion from foreign property treatment [206, 233.3] and exclusion
of representative offices from the scope of "Canadian banking
business" [248(1)]. |
Application of new definition "disposition" |
This amendment permits "grandfathered" registered
retirement income fund (RRIF) to RRIF transfers to occur on a fair
market value or cost basis at the choice of the annuitant. |
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