Feds to stop ‘unfair income sprinkling’
Wealthy families with private corporations taking advantage of tax loophole to spread cash
OTTAWA — The federal government is proposing measures to tighten loopholes for private corporations that it says enable many Canadians to “unfairly” cut down how much tax they pay.
Finance Minister Bill Morneau unveiled plans Tuesday designed to prevent some business owners — particularly wealthy ones — from using legal strategies to shield part of their income in order to gain tax advantages.
Even Morneau himself, who had a successful business career before entering politics, admitted that if the changes are introduced he will likely pay more taxes going forward.
“We see these approaches to managing people’s affairs through a private corporation as creating an unfair playing field,” he said. “I don’t want to see one small subset of the population advantaged because of our tax code, so it is about creating fairness . ... All Canadians should be willing to pay that fair share, including myself.”
The possible changes include steps to prevent business owners from using private corporations to shift their income among family members subject to lower personal tax rates — even if those relatives are not involved in the business.
Ottawa believes about 50,000 families in Canada do this, a practice the government calls “income sprinkling.”
To help address it, the government is proposing measures such as stricter age-related requirements for family members and tests to ensure their contributions to the business are “reasonable.” Doing so would provide an estimated $250 million per year in additional federal revenue, or about $5,000 per family.
Ottawa also released proposed changes to target those who gain tax relief through passive investment income that enables corporate owners and employees to make one-time investments from $100,000 of pre-tax income and retain them for 10 years.
And the government is calling for the elimination of the tax-deferral advantage on passive income earned by private corporations. It is also looking to address a tax-planning approach that converts income into capital gains, which are taxed at a lower rate.
There will be a 75-day public consultation period to allow stakeholders to examine and weigh in on the three sets of proposals announced.
The government believes the use of private corporations to lower tax rates is an increasing trend in Canada and has been exacerbated by the shift toward more of a services-based economy.
The number of Canadian-controlled private corporations grew from 1.2 million in 2001 to 1.8 million in 2014, the Finance Department said.
From 2000 to 2016, the department said the proportion of incorporated, self-employed individuals almost doubled.
While these tax-savings practices are legal, Morneau said they are unfair.
Finance Minister Bill Morneau admits he will be affected by a proposed new law that will prevent the rich from shielding incomes to gain tax advantages.