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Catalogue of Federal, Provincial and Territorial Taxes on Energy Consumption and Transportation in Canada: 2 Part 2 |
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CCA Rate* |
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Class |
Basic |
Additional |
Effective |
Asset Description |
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1 |
4% |
6% |
10% |
Sidings, tracks, grading, traffic control, signalling equipment |
3 |
5% |
5% |
10% |
Railway trestles |
6 |
10% |
none |
10% |
Locomotives |
35 |
7% |
3%/6% |
10%/13% |
Railway cars, suspension devices to carry trailers |
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* The 2000 federal budget proposed that the CCA rates for locomotives, railway cars and rail suspension devices acquired after February 27, 2000, be increased to 15 per cent. In certain circumstances, Class 35 railway assets that are the subject of a lease are already eligible for a 13 per cent CCA rate. The proposed 15 per cent CCA rate will apply to these assets only if the lessor elects to have the "specified leasing property" rules apply to the asset.
Vessels are generally included in Class 7 and are subject to a 15 per cent declining balance rate. Accelerated CCA on a straight-line basis at a maximum rate of 331/3 per cent of the capital cost of the property is available in respect of a vessel, including furniture, fittings, radio-communication equipment and other equipment if it was constructed and registered in Canada and not used for any purpose whatever before acquisition by the owner. These assets are depreciated over a four-year period, with 16 2/3 per cent written off in the first and fourth years and 33 1/3 per cent written off in the second and third years. A separate class is prescribed for properties eligible for this accelerated CCA rate.
Although not exhaustive, the above CCA class description covers the majority of the investment made by firms in the transportation sector. As shown in the table presented in the Annex, additions to the previously mentioned CCA classes represented about 90 per cent of all additions in the transportation sector in 1997.
The table also shows, for each transportation sub-sector, a concentration of additions in a few classes. For airlines, additions to Class 9 represented 82 per cent of all additions in the airline industry. For railways, additions to classes 1 and 6 together represented 72 per cent of all additions in the railway industry. For ship operators, additions to class 7, including vessels eligible for accelerated CCA, represented 94 per cent of all additions in the marine industry. For truck and bus operators, additions to classes 10 and 16 represented over 80 per cent of all additions in the truck and bus transport industries.
Federal and provincial governments are the joint stewards of the Canada Pension Plan (CPP), a work-related pension scheme administered by the federal government. Quebec has a similar plan called the Quebec Pension Plan (QPP). Both employers and employees are required to contribute to a public pension plan, the QPP in Quebec and the CPP in the rest of the country. Contributions to both plans are identical. Employers and employees are subject to the same contribution rate of 4.3 per cent (2001). The premiums are calculated on earnings in excess of $3,500 up to a maximum of $38,300 per year (2001). As a result, employer contributions to CPP/QPP could represent up to $1,496 per employee in 2001.
Employers and employees are also required to contribute to the employment insurance (EI) program. The employee contributes 2.25 per cent of insurable earnings (2001) and the employer contributes 1.4 times the employee’s premiums, that is 3.15 per cent of insurable earnings. The annual maximum insurable earnings are currently $39,000. As a result, employer contributions to EI could represent up to $1,228.50 per employee in 2001.
The provincial and territorial governments have two kinds of payroll taxes: a general payroll tax[8], which is not allocated to any specific program, and workers’ compensation, which is comparable to an insurance premium. All of the provinces and territories assess workers’ compensation premiums but only four provinces and two territories have a general payroll tax.
In 1997 Canadian corporate employers paid about $13 billion in payroll taxes at the federal level and $8.5 billion at the provincial level for a total of $21.5 billion. Contributions by firms in the transportation sector represented approximately 3 per cent of this amount.
The federal government and several provinces impose a levy on capital used by corporations in their jurisdictions. The capital tax rates vary according to the jurisdiction and the nature of the corporations. Generally, corporations in the transportation sector are subject to the general capital tax rates.
Canadian corporations paid about $4.5 billion in general capital taxes in 1997, approximately $1.2 billion to the federal government and $3.3 billion to provincial governments. Of this total, roughly 3 per cent was paid by firms in the transportation sector.
A federal capital tax is applied to all corporations on taxable capital employed in Canada in excess of $10 million. The $10-million exclusion eliminates small corporations from liability for this tax; accordingly, this tax is called the "large corporations tax" (LCT). The effective rate of the LCT is 0.225 per cent.
The LCT affects the various transportation sub-sectors differently. Essentially, the air and rail transport industries are dominated by a few large corporations while other transportation sub-sectors, especially the trucking industry, are represented mostly by small and medium-sized corporations, many of which are too small to be subject to LCT. In 1997 the transportation sector paid about $36 million in LCT, of which more than 80 per cent came from the air and rail transport industries.
There are special rules for determining the taxable capital of non-residents that are subject to the LCT. Generally, the taxable capital employed in Canada of a corporation that was throughout the year not resident in Canada is based on the total value of the assets used to carry on any business through a permanent establishment in Canada. However, some types of assets as well as certain debts relating to a permanent establishment in Canada are deductible from the taxable capital base. Specifically, the carrying value of a ship, aircraft or personal property used to transport passengers or goods in international traffic is deducted from the taxable capital base. The provision applies only if the non-resident’s home country gives Canadian residents substantially similar tax relief.
Seven provinces (British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec and Saskatchewan) impose a general capital tax. Taxable capital bases, rates and thresholds from which rates start to apply vary from province to province. Quebec has the highest rate at 0.64 per cent and has no capital threshold while Nova Scotia has the lowest rate at 0.25 per cent and a $5-million capital threshold.
There are several specific provisions in the tax system that relate directly or indirectly to the transportation sector. This section briefly describes some of these transportation-related tax provisions.
To ensure fairness in the tax system, the Income Tax Act contains several provisions that restrict the deductibility of CCA from leasing and rental operations. One limitation is the specified leasing property rules. The specified leasing property rules basically restrict the CCA deduction of the lessor to the notional principal payments that would have been received if the lease had been structured as a loan.
These specified leasing property rules apply to most leased assets costing in excess of $25,000. A few exceptions from this restriction are provided where the CCA rate for the particular asset is not unduly accelerated vis-à-vis economic depreciation. The so-called "exempt properties" are not subject to the specified leasing property rules.
Several assets related to the transportation sector are exempted from this restriction including automobiles of all kinds that have a seating capacity of no more than nine persons, trucks or tractors for highway use, trailers designed to be hauled by a truck or a tractor, and railway cars.
The aviation fuel excise tax rebate, which is effective for calendar years 1997 to 2000, provides excise tax rebates on the aviation fuel used by airline companies. Rebates are limited to $20 million per year per associated group of companies. In order to receive a rebate, a company must agree to reduce its non-capital losses by $10 for every $1 of rebate.
Losses exchanged for the rebate may be reinstated later provided that the airline repays the associated excise tax rebate previously received, including the payment of interest at the prescribed rate on unpaid taxes. However, no interest will be payable in respect of repayments of excise tax rebates for the period prior to January 1, 2000. Reinstated losses remain losses for the year in which they were originally incurred.
The branch tax is imposed on that portion of the income of non-resident corporations derived from the carrying on of business in Canada through a branch. If a Canadian branch ceases active business operations, non-residents are liable for tax on capital gains on dispositions of taxable Canadian property. The rate is 25 per cent but is frequently reduced by bilateral tax treaties to 15 per cent, 10 per cent or 5 per cent.
However, some corporations, including corporations whose principal business is the transportation of persons or goods, are exempt from the branch tax.
Canada, like other countries, imposes a withholding tax on various types of income paid to non-residents. The basis for this tax rests on the internationally accepted principle that a country has the right to tax income that arises or has its source in that country. The types of income subject to non-resident withholding tax include: certain interest, dividends, rents, royalties and similar payments; management fees; estate and trust income, alimony and support payments; and certain pension, annuity and other payments.
Over time, as the benefits of freer trade in capital, goods and services have been increasingly recognized, countries including Canada have adjusted their tariff and tax structures to remove impediments to international transactions. Part of this adjustment has been the reduction of non-resident withholding tax on certain payments.
Canada’s statutory non-resident withholding tax rate is 25 per cent. However, the rate is lowered and exemptions provided for certain payments through an extensive network of bilateral tax treaties. These rate reductions, which apply on a reciprocal basis, differ depending on the type of income and the tax treaty country.
The Income Tax Act also provides for a number of unilateral exemptions from withholding tax including several that apply specifically to the transportation sector. Rent payments made to a non-resident for the use of an aircraft, including furniture, fittings, equipment attached and spare parts, are exempted from the non-resident withholding tax. An exemption is also provided for rent payments made to a non-resident by a railway company for the short-term use of railway rolling stock.
Non-residents operating a ship in international traffic are exempted from Canadian income tax, as is done in other countries. Similarly, non-residents operating an airline in international traffic are exempted from Canadian income tax. In both cases, the exemption applies only if the non-resident’s home country gives Canadian residents substantially similar tax relief.
A deduction is permitted for amounts prescribed as a reserve for expenses to be incurred for quadrennial or other special surveys required under the Canada Shipping Act or the regulations under the Act, or under the rules of any society or association for the classification and registry of shipping approved by the Minister of Transport for the purposes of the Canada Shipping Act. In this way the cost of such major expenditures, recurring periodically, may be spread over several preceding years instead of being deducted all in the year in which they are incurred.
Generally, the allocation of taxable income among provinces and territories is based on salaries and wages paid in each province or territory where the corporation had a permanent establishment and on gross revenues attributable to each province or territory where the corporation had a permanent establishment. However, due to the nature of their operations, airlines, railways, and ship, bus and truck operators use alternative methods of allocation.
An airline corporation allocates its taxable income among provinces and territories on the basis of its fixed assets, other than aircraft, in each province and territory and of revenue plane miles flown by its aircraft in provinces and territories in which the corporation had a permanent establishment. The revenue plane miles flown are weighted according to take-off weight of the aircraft operated.
A railway corporation allocates its taxable income among provinces and territories on the basis of equated track miles and of gross ton-miles in each province or territory. Equated track miles is an aggregate number made up of the number of miles of first main track and a percentage of other main track, yard tracks and sidings.
A bus or a truck operator allocates its taxable income among provinces and territories on the basis of the number of kilometres driven by the corporation’s vehicles on roads in each province or territory in which the corporation had a permanent establishment and of salaries and wages paid to employees of its permanent establishment in each province or territory.
A ship operator allocates its taxable income among provinces and territories on the basis of port-call-tonnage and of salaries and wages paid to employees in each province or territory in which the corporation had a permanent establishment. Port-call-tonnage is the product of port calls made by the ship and the registered net tonnage of that ship.
Breakdown of Additions by Selected CCA Class – Transportation Sector and Sub-Sectors
(as a per cent of total additions in each sub-sector/sector, 1997)
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Class (declining balance rate) |
Transportation sub-sectors |
Transportation sector |
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Air |
Rail |
Marine |
Truck |
Bus |
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1: Buildings, railroad structures1 (4%) 3: Certain buildings, railway trestles2 (5%) 4: Tramway/trolley bus (6%) 6: Railway locomotives (10%) 7: Vessels3 (15%) 9: Aircraft (25%) 10: Automotive/light trucks/trailers (30%) 16: Automotive for lease/trucks/tractors (40%) 35: Railway cars4 (7%) | 0.7 0.1 0.0 0.4 0.0 81.6 4.7 0.0 0.0 | 62.2 2.4 5.6 9.3 0.0 0.0 8.8 0.0 7.5 | 0.7 0.1 0.0 0.1 94.0 0.0 1.8 0.0 0.0 | 5.6 0.2 0.0 0.1 0.0 0.0 55.0 25.7 0.0 | 2.9 1.9 0.0 0.1 0.0 0.1 77.6 8.4 0.0 | 23.1 1.0 1.9 3.2 5.4 15.1 28.4 9.9 2.5 |
Total |
87.5 | 95.8 |
96.7 | 86.6 |
91.0 | 90.5 |
Source: Corporation Sample File, 1997.
1 Railroad structures are entitled to an additional 6% CCA.
2 Railway trestles are entitled to an additional 5% CCA.
3 Canadian-built vessels are entitled to a 331/3% straight-line depreciation rate.
4 Railway cars are entitled to an additional 3%/6% CCA.
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1 Natural Resources Canada, Department of Finance Canada and Industry Canada, Federal Income Tax Treatment of Virgin and Recycled Materials (December 1996). [Return]
2 Natural Resources Canada and Department of Finance Canada, The Level Playing Field: The Tax Treatment of Competing Energy Investments (September 1996). [Return]
3 Methanol in gasoline is not tax-exempt as of May 1, 2000. [Return]
4 The 2000 Ontario budget phases out the retail sales tax on vehicle insurance premiums as follows:
- 3 per cent effective April 1, 2001;
- 2 per cent effective April 1, 2002;
- 1 per cent effective April 1, 2003; and
- 0 per cent effective April 1, 2004. [Return]
8 Health levies raised by some provinces are considered as general payroll taxes since these levies are not allocated to a specific health fund but to their consolidated revenue fund. [Return]
Last Updated: 2004-12-16 |