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Taxation in Canada: Difference between revisions - Wikipedia

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{{shortShort description|OverviewCanadian oftax taxation in Canadacodes}}
{{Taxation by country}}
{{Taxation}}
'''Taxation inIn [[Canada''']], [[taxation]] is a prerogative shared between the federal government and the various provincial and territorial legislatures.
 
==Legislation==
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==Nature of the taxation power in Canada==
{{seeSee also|Section 125 of the Constitution Act, 1867}}
Since the 1930 [[Supreme Court of Canada]] ruling in ''Lawson v. Interior Tree Fruit and Vegetables Committee of Direction'', taxation is held to consist of the following characteristics:<ref>{{cite CanLII|litigants=Lawson v. Interior Tree Fruit and Vegetables Committee of Direction|link=|year=1930|court=scc|num=2|format=canlii|pinpoint=|parallelcite={1931} SCR 357|date=1930-02-16|courtname=|juris=}}</ref>
 
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|row1=note
|row1-1-at=1867
|row1-1-text=Creation of Departments<ref group=a>Established by Order in Council on {{date|1867-7-1}} July 1867, and given statutory basis in 1868.</ref>
|row1-2-at=1918
|row1-2-text=Creation of Department of Customs and Inland Revenue<ref group=a>Order in Council of {{date|1918-5-18}} May 1918, pursuant to the ''Public Service Rearrangement and Transfer of Duties Act''.</ref>
|row1-3-at=1999
|row1-3-text=Creation of Canada Customs and Revenue Agency<ref group=a>{{cite web|url=http://laws.justice.gc.ca/eng/acts/C-10.11/index.html|title=Consolidated federal laws of canada, Canada Revenue Agency Act|first=Legislative Services|last=Branch|website=laws.justice.gc.ca|access-date=3 April 2018|archive-url=https://web.archive.org/web/20160812060428/http://www.laws.justice.gc.ca/eng/acts/C%2D10.11/index.html|archive-date=12 August 2016|url-status=live}}</ref>
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|axis-nudge=-0.9em
 
|caption=Timeline of Canadian federal tax administration<br/>{{reflistReflist|group=a|3}}
}}
 
==Income taxes==
{{main article|Income taxes in Canada}}
The [[Parliament of Canada]] entered the field with the passage of the ''Business Profits War Tax Act, 1916''<ref>S.C. 1916, c. 11</ref> (essentially a tax on larger businesses, chargeable on any accounting periods ending after 1914 and before 1918).<ref>{{cite journal|last=Breadner|first=R.W.|date=1919|title=THE CANADIAN BUSINESS PROFITS AND INCOME WAR TAX ACTS: I. The Business Profits War Tax Act|journal=The Bulletin of the National Tax Association|publisher=[[National Tax Association]]|volume=4|issue=4|pages=93–97|doi=10.1086/bullnattax41785272|jstor=41785272|s2cid=232212092|doi-access=free}}</ref> It was replaced in 1917 by the ''Income War Tax Act, 1917''<ref>SC 1917, Chap. 28</ref> (covering personal and corporate income earned from 1917 onwards).<ref>{{cite book|last= Pontifex|first= Brian|title= The Income War Tax Act, 1917, with explanations by the Minister of Finance and Instructions from the Finance Department|url= https://archive.org/stream/canadianincometa00pontrich#page/n3/mode/2up|location= Toronto|publisher= Carswell|date= 1917|access-date= 2016-04-08|archive-url= https://web.archive.org/web/20160122072519/http://www.archive.org/stream/canadianincometa00pontrich#page/n3/mode/2up|archive-date= 2016-01-22|url-status= live}}</ref> Similar taxes were imposed by the provinces in the following years.<ref name = "Aspects" />
 
{| class="wikitable"
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| || ||1949 || || ||
|}
{{reflistReflist|group=it|2}}
 
Municipal income taxes existed as well in certain municipalities, but such taxation powers were gradually abolished as the provinces established their own collection régimes, and none survived the [[Second World War]], as a consequence of the Wartime Tax Rental Agreements.
 
:* From 1850, municipal councils in Ontario possessed authority to levy taxes on income, where such amount was greater than the value of a taxpayer's [[personal property]].<ref>{{Cite canlaw|short title =An Act to establish a more equal and just system of Assessment in the several Townships, Villages, Towns and Cities in Upper Canada|abbr =S.Prov.C.|year =1850|chapter =67|section = 4|link= https://books.google.ca/books?id=CFQ1AQAAMAAJ&lpg=PA1421&ots=aqLUC2aenl&pg=PA1388#v=onepage&f=false}}</ref> The personal property limitation was removed with the passage of the ''Assessment Act'' in 1904.<ref>{{Cite canlaw|short title =The Assessment Act|abbr =S.O.|year =1904|chapter =23|section = 5|link= https://archive.org/stream/statutesofprovin1904onta#page/106/mode/2up}}</ref> By 1936, some 200 councils ranging in size from [[Toronto]] to [[Blenheim, Ontario|Blenheim Township]] were collecting such taxes.<ref>{{cite book |author= Robert B. Bryce|title= Maturing in Hard Times: Canada's Department of Finance Through the Great Depression|url= https://books.google.com/books?id=y2XU2UzE-vUC&pg=PA267|year= 1986|publisher= Institute of Public Administration of Canada|isbn= 0-7735-0555-5|page= 267}}</ref> [[Toronto]] levied personal income taxes until 1936, and corporate income taxes until 1944.<ref>{{cite magazine|title = Letter|author = [[John Sewell]]|author-link = John Sewell|url = http://walrusmagazine.com/article.php?ref=2011.04-letters&page=|magazine = [[The Walrus]]|date = April 2011|access-date = 2013-03-18|archive-url = https://web.archive.org/web/20130516120547/http://walrusmagazine.com/article.php?ref=2011.04-letters&page=|archive-date = 2013-05-16|url-status = live}}</ref>
:* From 1855 to 1870, and once more from 1939,<ref>SQ 1939, ch. 102</ref> income tax was imposed on residents of [[Quebec City]].{{sfn|Gillespie|1995|p= 263}} In 1935, a municipal income tax was imposed on the income of individuals resident or doing business in [[Montreal]] and the municipalities of the [[Montreal Metropolitan Commission]].<ref>{{cite news|url=https://news.google.com/newspapers?nid=1946&dat=19350430&id=7QUuAAAAIBAJ&pg=6178,3642362|title=Public Notice: City of Montreal Bylaw No. 1337 - By-Law to impose an Income Tax in the Territory of the City of Montreal and of Certain Municipalities under the control of the Montreal Metropolitan Commission|date=30 April 1935|newspaper=[[Montreal Gazette]]|access-date=22 March 2013|archive-url=https://web.archive.org/web/20160312083153/https://news.google.com/newspapers?nid=1946&dat=19350430&id=7QUuAAAAIBAJ&sjid=8JgFAAAAIBAJ&pg=6178,3642362|archive-date=12 March 2016|url-status=live}}, by virtue of SQ 1934, ch. 112</ref> Similar income taxes were also imposed in [[Sherbrooke]] from 1886 to 1912, in [[Sorel-Tracy|Sorel]] from 1889, and [[Hull, Quebec|Hull]] from 1893.{{sfn|Gillespie|1995|p=263}}
:* In Prince Edward Island, [[Summerside, Prince Edward Island|Summerside]] had an income tax from 1870 to 1880, and [[Charlottetown]] imposed one from 1880 to 1888.{{sfn|Gillespie|1995|p=262}}
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Settlements and legal damages are generally not taxable, even in circumstances where damages (other than unpaid wages) arise as a result of breach of contract in an employment relationship.<ref>{{cite web |title = Schwartz v. Canada, [1996] 1 S.C.R. 254 |url = http://www.taxcases.ca/schwartz-v-canada-1996-1-s-c-r-254/ |access-date = 2013-08-19 |archive-url = https://web.archive.org/web/20150510094041/http://www.taxcases.ca/schwartz-v-canada-1996-1-s-c-r-254/ |archive-date = 2015-05-10 |url-status = live }}</ref>
 
Federal and provincial income tax rates are shown at [http://www.cra-arc.gc.ca/tx/ndvdls/fq/txrts-eng.html Canada Revenue Agency's website].
 
Personal income tax can be deferred in a [[Registered Retirement Savings Plan]] (RRSP) (which may include mutual funds and other financial instruments) that are intended to help individuals save for their retirement. [[Tax-Free Savings Account]]s allow people to hold financial instruments without taxation on the income earned.
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Starting in 2002, several large companies converted into "income trusts" in order to reduce or eliminate their income tax payments, making the trust sector the [[income trust#Canada|fastest-growing in Canada]] {{As of|2005|lc=on}}. Conversions were largely halted on October 31, 2006, when Finance Minister [[Jim Flaherty]] announced that new income trusts would be subject to a tax system similar to that of corporations, and that these rules would apply to existing income trusts after 2011.
 
{{seeSee also|Income trust}}
Capital tax is a tax charged on a corporation's taxable capital. Taxable capital is the amount determined under Part 1.3 of the Income Tax Act (Canada) plus accumulated other comprehensive income.
 
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Canadian residents and corporations pay income taxes based on their world-wide income. Canadians are in principle protected against double taxation receiving income from certain countries which gave agreements with Canada through the foreign tax credit, which allows taxpayers to deduct from their Canadian income tax otherwise payable from the income tax paid in other countries. A citizen who is currently not a resident of Canada may petition the CRA to change her or his status so that income from outside Canada is not taxed.
 
If you are a nonNon-residentresidents of Canada and you havewith taxable earnings in Canada (e.g. rental income and property disposition income) you will beare required to pay Canadian income tax on these amounts. Rents paid to non-residents are subject to a 25% withholding tax on the “gross rents”, which is required to be withheld and remitted to Canada Revenue Agency (“CRA”) by the payer (i.e. the Canadian agent of the non-resident, or if there is no agent, the renter of the property) each time rental receipts are paid or credited to the account of the non-resident by the payer. If the payer does not remit the required withholding taxes by the 15th day following the month of payment to the non-resident, the payer will be subject to penalties and interest on the unpaid amounts.<ref>{{cite web|url=http://matthewgustavson.ca/blog/nonresident.html|archive-url=https://web.archive.org/web/20141011211215/http://matthewgustavson.ca/blog/nonresident.html|url-status=dead|archive-date=11 October 2014|title=Non-Resident Renting Your Place at Big White? - Matthew Gustavson|date=29 July 2013|website=matthewgustavson.ca|access-date=3 April 2018}}</ref>
 
===Payroll taxes===
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|-
|BC
|Employers Health Tax <ref>{{Cite web|lastlast1=Finance|firstfirst1=Ministry of|last2=Division|first2=Revenue|title=Employer Health Tax - Province of British Columbia|url=https://www2.gov.bc.ca/gov/content/taxes/employer-health-tax|access-date=2020-11-19|website=www2.gov.bc.ca}}</ref>
|-valign="top"
|All provinces
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===Sales taxes===
{{seeSee also|Sales taxes in Canada}}
The federal government levies a [[value-added tax]] of 5%, called the [[Goods and Services Tax (Canada)|Goods and Services Tax]] (GST), and, in five provinces, the [[Harmonized Sales Tax]] (HST). The provinces of [[British Columbia]], [[Saskatchewan]], and [[Manitoba]] levy a retail sales tax, and [[Quebec]] levies its own value-added tax, which is called the [[Quebec Sales Tax]]. The province of [[Alberta]] and the territories of [[Nunavut]], [[Yukon]], and [[Northwest Territories]] do not levy sales taxes of their own.
 
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|-
| [[Manitoba]]
| 1964<ref group="a">originally a Revenue Tax charged on a select list of supplies, replaced by a more general retail sales tax in 1967 - {{cite book|url=https://archive.org/stream/reporttaxation03onta#page/212/mode/2up|title=Ontario Committee on Taxation|year=1967 |volume=III|pages=212{{endash}}213|access-date=2016-02-26|archive-url=https://web.archive.org/web/20160312085228/httphttps://archive.org/stream/reporttaxation03onta#page/212/mode/2up|archive-date=2016-03-12|url-status=live}}</ref>|| 5% || 7% || || || ||
|-
| [[Ontario]]<ref group=a>{{Cite web|title = Retail Sales Tax|url = http://www.fin.gov.on.ca/en/tax/rst/rates.html|publisher = Ministry of Finance (Ontario)|access-date = 2013-03-17|archive-url = https://web.archive.org/web/20130319064948/http://www.fin.gov.on.ca/en/tax/rst/rates.html|archive-date = 2013-03-19|url-status = dead}}</ref>
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| 1950||3% ||12% || ||1997 || ||
|}
{{reflistReflist|group=a|2}}
 
====Current sales tax rates====
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| 15% || || || 15%
|}
{{reflistReflist|group=b|2}}
 
===Excise taxes===
{{seeSee also|Motor fuel taxes in Canada}}
Both the federal and provincial governments impose [[excise tax]]es on [[Elasticity (economics)|inelastic]] goods such as [[cigarette]]s, [[gasoline]], [[Alcohol (drug)|alcohol]], and for vehicle [[air conditioners]]. Canada has some of the highest rates of taxes on cigarettes and alcohol in the world, constituting a substantial share of the retail total price of cigarettes and alcohol paid by consumers. These are sometimes referred to as [[sin tax]]es. It is generally accepted that higher prices help deter consumption of these items, which increase [[health care costs]] stemming from their use.
 
The vehicle air conditioner tax is currently set at $100 per air conditioning unit.
 
{| class="wikitable"
|+ Year for introduction of taxes on motor fuels<ref group=g>{{cite book|title = Report of the Ontario Committee on Taxation|year = 1967|volume = III|page = 249|url = https://archive.org/stream/reporttaxation03onta#page/248/mode/2up|access-date = 2016-02-26|archive-url = https://web.archive.org/web/20160312085228/httphttps://archive.org/stream/reporttaxation03onta#page/248/mode/2up|archive-date = 2016-03-12|url-status = live}}</ref>
|-
! Jurisdiction !! Fuel tax !! [[Carbon tax]] !! Local fuel tax
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|
|}
{{reflistReflist|group=g|2}}
 
At the federal level, Canada has imposed other excise taxes in the past:
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A [[Capital gains tax]] was first introduced in Canada by [[Pierre Trudeau]] and his finance minister [[Edgar Benson]] in the [[1971 Canadian federal budget]].<ref name=":LeaderPost">{{Cite web|date= 19 June 1971 |title=The Leader-Post|url=https://news.google.com/newspapers?nid=w9EjUEod0xMC&dat=19710619&printsec=frontpage&hl=fr|access-date=2020-06-17|website=news.google.com}}</ref>
 
Some exceptions apply, such as selling one's primary residence which may be exempt from taxation.<ref>{{cite web|url=http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/rprtng-ncm/lns101-170/127/rsdnc/dspsng/menu-eng.html|title=CRA|work=cra-arc.gc.ca|date=27 November 2019 }}</ref> Capital gains made by investments in a [[Tax-Free Savings Account]] (TFSA) are not taxed.
 
Since the [[2013 Canadian federal budget|2013 budget]], interest can no longer be claimed as a capital gain. The formula is the same for capital losses and these can be carried forward indefinitely to offset future years' capital gains; capital losses not used in the current year can also be carried back to the previous three tax years to offset capital gains tax paid in those years.
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==Wealth taxes==
{{seeSee also|History of wealth taxes in Canada}}
 
===Property taxes===
 
There are two main types of property taxes: the annual tax and land transfer tax.
 
'''Annual Property Tax'''
 
The municipal level of government is funded largely by property taxes on residential, industrial and commercial properties; when the municipal council determines the financial budget for the year, they predict an expected revenue that needs to be funded by property tax for municipal services and decide a municipal tax rate that will allow them to achieve the revenue amount. The annual property tax is usually a percentage of the taxable assessed value of the property which is commonly determined by the assessment service provider of the municipality. The annual property tax for any province contains at least two elements: the municipal rate and the education rate. The combination of municipal and education tax portions along with any base taxes or other special taxes determines the full amount of the tax. These taxes account for about ten percent of total taxation in Canada.
 
'''Land Transfer Tax'''
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:* income earned or accrued up to the date of death is taxed on the final [[Tax return (Canada)|tax return]] of the deceased at normal tax rates, but there are several additional optional tax returns that may be filed as well for certain types of income<ref>{{cite web |title = Returns for the year of death |url = http://www.cra-arc.gc.ca/tx/ndvdls/lf-vnts/dth/chrt1-eng.html |access-date = 2013-04-10 |archive-url = https://web.archive.org/web/20130514002501/http://www.cra-arc.gc.ca/tx/ndvdls/lf-vnts/dth/chrt1-eng.html |archive-date = 2013-05-14 |url-status = live }}</ref>
:* income earned after the date of death is to be declared on a separate return filed by the trust for the estate<ref>{{cite web |title = Income reported on the T3 Trust Income Tax and Information Return |url = http://www.cra-arc.gc.ca/tx/ndvdls/lf-vnts/dth/chrt2-eng.html |access-date = 2013-04-10 |archive-url = https://web.archive.org/web/20130514002459/http://www.cra-arc.gc.ca/tx/ndvdls/lf-vnts/dth/chrt2-eng.html |archive-date = 2013-05-14 |url-status = live }}</ref>
:* beneficiaries are taxed on amounts paid from [[Registered Retirement Savings Plan]]s and [[Registeredregistered Retirementretirement Incomeincome Fundfund]]s, but certain rollover reliefs are available<ref>{{cite web |title = Amounts paid from an RRSP or RRIF upon the death of an annuitant |url = http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/rrsp-reer/trnsfrrng/dth-eng.html |access-date = 2013-04-10 |archive-url = https://web.archive.org/web/20130514002014/http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/rrsp-reer/trnsfrrng/dth-eng.html |archive-date = 2013-05-14 |url-status = live }}</ref>
 
==See also==
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==Further reading==
* {{cite book |last= Gillespie|first= Irwin|date= 1995|title= Tax, Borrow and Spend: Financing Federal Spending in Canada, 1867-1990|url= https://books.google.com/books?id=7AmvAwAAQBAJ&pg=PA263|publisher= Carleton University Press|page= 263|isbn= 0-88629-153-4}}
* {{cite book |last= Lewis|first= David|author-link= David Lewis (Canadian politician)|others = Introduction by [[Eric Kierans]]|year= 1972|title= Louder Voices: The Corporate Welfare Bums|url= https://books.google.com/books?id=M30-aZWLRi0C|location= Toronto|publisher= James Lewis & Samuel|isbn= 0-88862-031-4}} (Largely concerns corporate taxation, including income taxes, and subsidies in Canada.)
* {{cite journal|first= Joseph Eliot|last= Magnet|year= 1978|title= The Constitutional Distribution of Taxation Powers in Canada|journal= [[Ottawa Law Review]]|volume= 10|issue= 3|pages= 473{{endash}}534|publisher= [[University of Ottawa]]|url= http://www.rdo-olr.uottawa.ca/index2.php?option=com_sobi2&sobi2Task=dd_download&fid=886&Itemid=842|access-date= 8 April 2013}}{{Dead link|date=August 2018 |bot=InternetArchiveBot |fix-attempted=yes }}
 
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==External links==
{{Wikiquote|Tax}}
*[http://www.fin.gc.ca/fin-eng.html The Department of Finance, Canada]
*[http://www.fin.gc.ca/fin-eng.html The Department of Finance, Canada] {{Webarchive|url=https://web.archive.org/web/20080430023526/http://www.fin.gc.ca/fin-eng.html |date=2008-04-30 }}
*[http://www.cra-arc.gc.ca/menu-e.html Canada Revenue Agency]
 
{{Wikiquote|Tax}}
{{Canada topics}}
{{North America in topic|Taxation in}}