In my opinion, the recent changes to the capital gains inclusion rate announced in the federal budget are problematic, and will negatively impact many more Canadians than the federal government has indicated.
The changes have been advertised politically as only affecting “the 1%” or 0.13% of all personal tax filers. The implication being that it is only those who can afford it who will need to do just a little bit more. This reference point is disingenuous as it ignores the impact on trusts, corporations and estates.
Trusts and corporations do not have access to the $250,000 safe harbour limit that is available for individuals at the 50% inclusion rate. As such, the changes will have a material impact on the middle class (still an undefined group of persons by our federal government), as many professionals (who I would define as being in the middle class) incorporate to set aside funds for retirement. Lawyers, doctors and accountants are all affected here. The Canadian Medical Association is also worried that this will exacerbate the loss of Canadian-trained doctors to the United States. As they reminded us in their May 23, 2024 press release, doctors “do not have access to employer or government pension plans, benefits, sick leave, maternity leave, paid vacation nor are they able to raise fees to cover new or rising expenses.”
The changes also ignore the massive impact on estates. Deemed taxes on death will be more. And the deemed or actual sale of cottages or other secondary properties will be taxed much higher.
In my view, these changes are a knee-jerk reaction to unaffordable spending at a time when our productivity as a country is falling precipitously. Due to the last-minute nature of these changes, there was no draft legislation available to review and we are left with many questions on how the new rules will actually work. As a result, it is almost impossible to properly advise our entrepreneurial clients, shareholders, investors, estate trustees and other fiduciaries.
At the end of the day, the changes to the capital gains inclusion rate are projected to raise $20 billion over 5 years, including $7 billion in 2024 where taxpayers are expected to trigger capital gains before June 25, and $3.9 billion per annum annually afterwards. This represents only 0.7% of federal spending. That is correct: 0.7% of federal spending. A significant change in the framework of how we levy taxation in Canada is projected to have an immaterial effect on the annual amount of federal spending. And at what cost?
The bottom line is that disincentives for financial success are created when marginal tax rates exceed 50%. The changes to the capital gains inclusion rate disrupt the concept of integration where individuals are taxed similarly personally or in corporations – which will no longer be the case after June 25th of this year.
What we need is for the federal government to build, maintain, and facilitate the development of Canadian infrastructure. We need material investments in health care, defense spending, pipelines, LNG facilities and a rail link to the Ring of Fire in Northern Ontario. And last but far from least, we need the federal government to walk back this change to the capital gains inclusion rate and rein in unnecessary spending. Because what we don’t need is a tax that will negatively affect the very entrepreneurs and professionals who we all depend on to innovate, run successful businesses, provide much-needed services, and support employment and our economy in general.
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