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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

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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

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


Backgrounder

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.


Subject Description of Changes

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.

Last Updated: 2003-01-13

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