Federal Finance Update, Fall 2014 – Family Tax Cut and beyond

With an election on the horizon for next year, there was much anticipation for November’s release of the 2014 Fall Economic Update, the first from Finance Minister Joe Oliver since taking over from the late Jim Flaherty. As it turned out – at least at the general individual taxpayer level – the update mainly pulled together the carefully orchestrated announcements from the preceding few weeks.

The expected surplus was used to dole out a variety of tax breaks, as summarized below, though conspicuously absent was the promised doubling of TFSA room. Of course, there is still the 2015 Federal Budget to be tabled in the spring, and few should be surprised if the surplus is a bit larger at that time, together with a few more goodies.

In the meanwhile, here are the key items from the Fall Economic Update.

Family Tax Cut

Rather than being an actual income split of $50,000, the follow-through on this Conservative Party promise (from the 2011 election campaign) has been converted into a federal non-refundable tax credit. This simplifies matters for the provinces, as they can effectively ignore this, rather than having to take active steps to keep it from affecting respective provincial tax revenues.

To qualify, there must be at least one child under the age of 18 residing with the parents/spouses. The spouses calculate their tax due (including the main non-refundable credits) and compare that to the notional net tax due based on transferring (up to) $50,000 income from one spouse to the other. The resulting “savings” may be claimed as a tax credit, to a maximum of $2,000, even if the formula yields a larger tax difference.

Generally, it would only be worth splitting a sufficient amount that would bring the spouses into the same federal tax bracket, though movements within the same bracket may bring some small benefit where clawback of non-refundable federal credits is reduced.

Federal tax brackets, 2014
To $43,953          15.0%
From $43,953      22.0%
From $87,907      26.0%
From $136,270    29.0%

Increasing the Universal Child Care Benefit (UCCB) for children under the age of six

The UCCB pays $100 per month to a parent for each child under the age of six. The monthly amount will be increased by $60 for a total of $160, effective January 2015, though it will not begin being paid until July when there will be a six-month catch-up payment. The UCCB is a taxable amount to the recipient parent, generally the lower-income one. The total additional amount of UCCB would be worth $720 pre-tax annually.

Expanding the UCCB to children aged six through 17

The UCCB program will also be expanded to provide $60 per month for children aged six through 17. Again, this will be effective January 2015 (with the same catch-up in July as mentioned above), and will be a taxable payment to a parent, up to $720 pre-tax annually. (In the year the child turns 18 it will only be paid to the birthday month.)

Repeal the Child Tax Credit (CTC)

Together with these two preceding UCCB proposals, the CTC (Line 367 – Amount for children born in 1997 or later) will be repealed. The value of that credit in 2014 is $338 per child, an after-tax figure that is in the form of a tax credit.

The net effect of the pre-tax UCCB revisions and after-tax CTC elimination depends on the relative marginal tax rates of the parents/spouses, though it appears that, generally, this should be a positive result.

Increasing the Child Care Expense Deduction dollar limits by $1,000

As its name makes clear, this provision is an enhancement to an existing deduction, which generally must be claimed by the lower-income spouse. The additional $1,000 deduction could yield as much as $290 in after-tax value based on the individual’s federal marginal tax bracket rate, applying on a per-child basis.

Doubling the Children’s Fitness Tax Credit (CFTC)

Another of the Conservative Party’s 2011 election campaign promises, the CFTC reference amount is doubled for 2014, from $500 to $1,000. This increases the total potential value of the credit from $75 to $150 after-tax. This is presently a non-refundable tax credit, but will be made refundable for 2015 and later. No mention was made of the related campaign promise to extend the fitness credit to adults.

Federal Budget 2013 – Summary

The 2013 Federal Budget included initiatives targeted at broad-based job creation, and measures designed to achieve tax simplification and to close tax loopholes.

Below is a summary of the Budget elements we identified as having the biggest impact on personal finances and investments.  Fuller details can be found in our Federal Budget 2013 InfoPage available on our website.

Job Creation

Canada Job Grant – Up $15,000 or more per person for skills development; $5,000 from the federal government, plus potential matching by the province/territory and the employer

Tax relief

Enhanced ‘Super’ tax credit for first-time charitable donors – For those of you who have been wanting to donate, an extra 25% tax credit has been announced

Sports equipment and baby clothing – To recognize the price gap between Canada and the US, tariffs on baby clothing, hockey equipment, golf clubs and skis will be eliminated

Adoption expense tax credit – Time period for eligible expenses will be extended back to when an application is made, rather than the date a child is matched with his or her adoptive family

Small business 

Lifetime capital gains exemption (LCGE) – The current amount of $750,000 will be increased to an $800,000 in 2014, and will thereafter be indexed to inflation

Non-eligible dividends – To address over-compensation concerns, the gross-up will be reduced from 25% to 18%, and the dividend tax credit reduced from 2/3 to 13/18

Life insurance concepts

Leveraged insured annuities – Accrued income to be taxed annually, no deduction for premiums paid, and death benefits will not increase a private corporation’s capital dividend account

10/8 arrangements – No deductibility for premiums paid or interest paid on borrowing against a policy, and a death benefit will not increase a private corporation’s capital dividend account

Communications with consumers of financial services

Comprehensive Financial Consumer Code – The government will look to streamline legislation and regulations in an effort to better protect consumers of financial products

Protecting vulnerable Canadians from predatory lending – Government will continue to work with provincial authorities to assure effective regulation of high-cost loans and payday lending 

Financial literacy for Seniors – Continued commitment to protecting seniors from financial fraud, and forward-looking mention of the Financial Leader’s role in promoting financial literacy

Targeting tax simplification and tax loopholes

Charitable donation tax shelters – Allowing Canada Revenue Agency to collect 50% of disputed tax, interest or penalties, pending ultimate determination of the taxpayer’s liability

Labour-Sponsored Venture Capital Corporations (LSVCC) – No new LSVCC registrations and federal LSVCC tax credit eliminated, both to be phased-out following stakeholder consultations 

Restricted farming losses – Restoring the chief source of income test after this was effectively overruled by the Supreme Court of Canada in the 2012 decision of R v. Craig 

Foreign reporting – Form T1135 will be revised and more broadly promoted, and a whistleblower award is being introduced to solicit informants on evasion transactions 

Character conversion transactions – Limitations placed on derivative instrument practices that produce capital gains returns within some mutual funds and exchange-traded funds

Consultation on graduated rate of taxation of trusts and estates – Government considering possible measures to limit use of graduated tax brackets, especially multiple access

Federal Budget 2010 summary

A leader in the timely and thorough preparation of tax information on a range of issues, Invesco Trimark has been providing a customized summary of the Federal Budget for over a decade. Prepared from within the Budget lockup in Ottawa by Doug Carroll, Invesco Trimark’s Vice President of Tax & Estate Planning, the 2010 edition selectively focuses on several specific budget elements that will have the biggest impact on your personal finances and investments. 

True to the comments from the government in the weeks leading up the release of Federal Budget 2010, there are very few broad-based tax relief measures. There are, however, some targeted measures that will be welcome assistance in certain family situations.

Personal income tax measures

Rates and brackets

The bracket index factor from 2009 to 2010 will be the calculated 0.6%

The rates at each bracket level remain unchanged

Rate        2009          2010

15% 10,320       10,382 

22%    40,726        40,970

26%    81,452        81,941

29%    126,264    127,021

Delivery of family support amounts

Universal Child Care Benefit (UCCB) for single parents

Single parent may include UCCB in own income, in income of dependant for whom an Eligible Dependant Credit is claimed, or in income of child for whom the UCCB is paid  

Benefits entitlement – Shared custody

Each parent would be able to claim one-half of the annual entitlement that they would receive if they were the sole eligible individual

Education and disability support

Rollover of RRSP proceeds to a Registered Disability Savings Plan (RDSP)

Allow rollover of a deceased individual’s RRSP or RRIF proceeds to the RDSP of a financially dependent infirm child or grandchild

Carry forward of RDSP Grants and Bonds

Allow a 10-year carry forward of Canada Disability Savings Grant (CDSG) and Canada Disability Savings Bond (CDSB) entitlements

Provincial payments into Registered Education Savings Plans (RESPs) and RDSPs

Clarifying that provincial support programs are treated the same as federal grants and bonds, and will therefore not attract or reduce federal grants and bonds

Charities: Disbursement quota reform

Reform the disbursement quota by: 

repealing the charitable expenditure rule;

modifying the capital accumulation rule; and 

strengthening related anti-avoidance rules for charities.

Other income matters

Employee stock options

Changes to the rules governing such options, including clarification of tax-deferral elections and remittance requirements

U.S. Social Security benefits

Reinstate the 50% inclusion rate (from 85% currently) for Canadian residents who have been in receipt of U.S. Social Security benefits since before January 1, 1996

Mineral exploration tax credit

Extend eligibility for the mineral exploration tax credit for one year, to flow-through share agreements entered into on or before March 31, 2011 

Non-resident trusts

Simplify and better target existing proposals in several ways, including limiting attribution to resident contributors to their proportionate share of the trust’s income 

Tax administration

Information reporting of tax avoidance transactions 

Public consultation on proposals to require the reporting of transactions involving contingent fees, advisor confidentiality or contractual protection for taxpayer

Online notices

Enable CRA to post certain documents on My Account and My Business Account secure online platforms, whereas presently these must be delivered by mail or in person