National Post

The NDP’s ‘ loophole’ test

- Erin Weir Erin Weir is the NDP MP for Regina- Lewvan. Last year, he asked the House of Commons finance committee to study the use of private corporatio­ns by high- income profession­als to avoid personal tax.

Last week, federal Finance Minister Bill Morneau announced consultati­ons on the use of private corporatio­ns in “tax planning” by wealthy profession­als. These consultati­ons provide an opportunit­y to close a significan­t tax loophole and present a key test for NDP leadership candidates.

The ostensible purpose of a corporatio­n is to raise capital for a business from investors while limiting investors’ personal liability. It is not immediatel­y obvious why a profession­al such as a doctor or lawyer engaged in self- employment, rather than entreprene­urial activity, would need to structure their practice as a corporatio­n. Indeed, provincial government­s have generally allowed regulated profession­als to incorporat­e only since the year 2000.

By doing so, doctors, lawyers and others can take advantage of low corporate tax rates for “small business” instead of paying regular personal income tax rates on self-employment income. They can t hen t ransfer money from their private corporatio­ns to themselves, or to family members in lower tax brackets, as dividends that receive tax credits or as capital gains that are partially exempt from tax.

Such tax avoidance is a large and growing problem. Over the past 15 years, the amount of income reported t hrough Canadian- c ontrolled private corporatio­ns has doubled as a share of the overall economy, while income reported from selfemploy­ment has declined.

Finance Canada estimates that the preferenti­al tax rate for “small business” reduces federal corporate tax revenues by $4 billion annually. It reduces provincial corporate tax revenues by billions more. The loss of personal tax revenue is harder to cal- culate, but Finance Canada estimates that its proposal to stop profession­al corporatio­ns from “sprinkling” income to family members in lower tax brackets would recoup at least $ 250 million annually.

While specific proposals to address the most egregious “tax planning” techniques are welcome, a broader question is why incorporat­ed profession­als have access to the “small business” rate. The federal government cannot stop profession­als from incorporat­ing in provincial jurisdicti­on, but it does not need to give them the small business deduction. Simply applying the general corporate tax rate to profession­al corporatio­ns would help to level the playing field and greatly reduce tax avoidance.

The most common argument for low small business taxes is to create jobs. The Quebec government, which administer­s its own income tax, announced last year that only Canadian- controlled private corporatio­ns that provide at least 5,500 hours of employment will be eli- gible for the provincial small business deduction. The federal government could emulate this policy for the rest of Canada or prevent corporatio­ns from claiming the deduction in excess of the dollar amount paid to employees.

Morneau’s announceme­nt highlights these important issues just as the federal NDP leadership race is heating up. All leadership contenders want to close tax loopholes for the wealthy, but have presented few specific examples beyond the preferenti­al treatment of stock options. They should commit to concrete measures to end the abuse of private corporatio­ns by highincome profession­als.

The NDP has advocated further reducing the small business tax rate. Doing so without an appropriat­e definition of “small business” would widen tax loopholes related to private corporatio­ns.

During the last federal election campaign, Charlie Angus — now a candidate for NDP leader — demanded that Liberal leader Justin Trudeau apologize for noting that “a large percentage of small businesses are actually just ways for wealthier Canadians to save on their taxes.” Angus engaged in semantics about what constitute­s a “large percentage” to downplay the substantia­l problem of tax avoidance through private corporatio­ns.

As a matter of policy, New Democrats are deeply committed to a progressiv­e tax system to reduce inequality and fund important public services. As a matter of politics, we cannot allow the Liberals to outflank us on the issue of tax fairness.

New Democrats need to know that our next leader not only opposes tax shelters for the wealthy in the abstract, but will push for concrete solutions to specific tax shelters like private corporatio­ns for wealthy profession­als.

AS A MATTER OF POLITICS, WE CANNOT ALLOW THE LIBERALS TO OUTFLANK US ON THE ISSUE OF TAX FAIRNESS.

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