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Results: 1 - 15 of 1018
View Emmanuel Dubourg Profile
Lib. (QC)
Thank you, Mr. Chair.
I want to say hello to the colleagues and witnesses here today. I have a number of very specific questions for the witnesses.
First of all, could you tell me what resources you can use to carry out your work in relation to international tax evasion?
Ted Gallivan
View Ted Gallivan Profile
Ted Gallivan
2015-05-12 9:34
Thank you for the question.
We have more than 6,000 auditors. One unit is dedicated to the international tax non-compliance of large companies. Another unit focuses on individuals with funds abroad. In fact, 1,400 of our auditors are assigned to those tasks.
As mentioned in the budget, a $58-million increase is intended for large companies and international companies, and $25 million is set aside to target individuals with offshore funds. The investment level is also satisfied through our information and resources.
We talked about disclosure. We also have data from third parties. Since January 1, we have copies of all overseas transactions of over $10,000. It is not just a matter of resources. We must also have the right information and apply risk management for proper targeting.
As you have seen in our annual reports, our revenues continue to increase. There are also reports from the Office of the Auditor General. Finally, we focused on aggressive tax planning. You will see that we have developed a solid management system.
View Emmanuel Dubourg Profile
Lib. (QC)
Are you playing an important role in the OECD studies on BEPS?
Ted Gallivan
View Ted Gallivan Profile
Ted Gallivan
2015-05-12 9:36
The Government of Canada, together with the Department of Finance, plays a leadership role in terms of politics. The agency itself oversees certain committees. We work closely with our partners through more then 100 international arrangements on data transfers. We are also working on the next generation of data transfers among jurisdictions—that is called the automatic exchange of information. We are putting things in place so that the transfer of data on taxpayers can be done almost instantly on a global scale.
View Emmanuel Dubourg Profile
Lib. (QC)
We are talking about data sharing and, as you probably know, investigative journalists have found out that Canadians were investing money abroad or were not complying with the Income Tax Act. The agency has obtained a list of those Canadians. However, what I find the most surprising is that the agency refused to consider those actions illegal. In fact, even though the disclosures were not voluntary, the agency considered them as such. As a result, people who committed income tax fraud were not penalized or prosecuted.
The disclosures were not voluntary. Those people did not go the agency to confess that they hid money outside the country and to clarify the situation. You had the information, but you decided not to impose any penalties.
Ted Gallivan
View Ted Gallivan Profile
Ted Gallivan
2015-05-12 9:38
If I understand what you are saying, your question is about the way we have handled the the lists we received in 2010. I can tell you that we have aggressively pursued the individuals on those lists. More than 200 audits have been carried out, helping us recover $21 million.
We also have a voluntary disclosure program for taxpayers. There are some rules when it comes to timing. We do not accept a voluntary disclosure if we have already begun an audit. I can confirm that, in the case of disclosures related to HSBC clients, they were accepted only if we had not begun an audit—
Ted Gallivan
View Ted Gallivan Profile
Ted Gallivan
2015-05-12 9:38
—when the disclosure was received. That is one of the applicable rules.
View Emmanuel Dubourg Profile
Lib. (QC)
Mr. Gallivan, this was also in the media, and everyone knew about it. We know about the HSBC situation. We see how the institution is being pursued in Europe, and you did not impose any penalties on those taxpayers.
Ted Gallivan
View Ted Gallivan Profile
Ted Gallivan
2015-05-12 9:39
I just confirmed that, in the 21 cases where an audit was carried out, the applicable penalties were certainly imposed. In the other voluntary disclosure cases, the due taxes and interests were paid. Only a penalty amount was not imposed, in compliance with the program rules and as provided for in the legislation.
View Pierre Dionne Labelle Profile
NDP (QC)
Thank you, Mr. Chair.
I would like to continue discussing HSBC Bank.
We really feel that the Canada Revenue Agency went easy in that case, especially if we compare its attitude to that of other countries. For example, Argentina, France and Belgium laid charges in related cases.
The agency received 1,349 files. Some of those taxpayers did not have enough money and others were deemed to be high risk. So investigations were carried out on 264 cases that were voluntarily disclosed. My figures should be fairly close. The non-compliant taxpayers will pay fines in 21 cases. Where are the charges against those individuals?
Between 2006 and 2013, there were eight convictions for offshore tax evasion. How many convictions have you obtained and how many charges have you laid since 2013?
Ted Gallivan
View Ted Gallivan Profile
Ted Gallivan
2015-05-12 9:58
If we focus only on the HSBC Bank cases, I would like to point out that a number of files were examined to determine whether there were grounds for an investigation in order to lay criminal charges. We don't have sufficient evidence to carry out an investigation in any of those cases or to lay charges under Canadian legislation.
View Pierre Dionne Labelle Profile
NDP (QC)
What should we improve in this area? Argentina, France and Belgium are successfully laying charges. Have you looked into the role of HSBC Bank's Canadian branches? Did the bank staff participate in the transfers? What happens to people who encourage transfers of funds to tax heavens? Have you conducted investigations in order to potentially lay charges? It does appear that those people are acting with impunity.
For example, the National Consortium of Investigative Journalists carried out investigations. In the document margins, in the footnotes, the banker would write that he suggested his client open an offshore account in the Bahamas, or somewhere else. People who say things like that are encouraging international tax evasion. Is that not punishable?
Ted Gallivan
View Ted Gallivan Profile
Ted Gallivan
2015-05-12 10:00
I can tell you that our criminal investigations program is focused on stakeholders and promoters. We are no longer spending our days going after small companies for small amounts of money.
Promoters and professionals who participate in that environment are the focal point of our criminal investigations. Our challenge is to gather the facts that give us ammunition to carry out criminal investigations. That is why I mentioned the disclosures that give us much more tangible evidence.
Ted Gallivan
View Ted Gallivan Profile
Ted Gallivan
2015-05-12 10:00
I think that they are, as the number of disclosures has doubled. Last year, the number of international disclosures went from 5,000 to 10,000. When we launched our disclosure line, we started receiving information on offshore transactions of more than $10,000. Over the course of that 12-month period, the number of disclosures doubled.
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