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View Scott Brison Profile
Lib. (NS)
Particularly given the global reach of Canadian financial institutions and the increase of offshore tax havens, is there any overlap between your activities or activities designed to identify terrorist financing, and activities that would be designed to identify those who use offshore tax havens to evade paying taxes in Canada? Would there be some overlap within those activities?
Gérald Cossette
View Gérald Cossette Profile
Gérald Cossette
2015-03-24 9:27
There are two things we do right now when it comes to the relationship we have with CRA. The first one is that if we see a report that may look suspicious, we have the capacity to disclose it to CRA if it meets two thresholds. The first one is money laundering and the second one, tax evasion. It has to meet these two thresholds, since our legislation is about ML.
That is the first mechanism and we use it. We have disclosed to CRA in the past.
View Murray Rankin Profile
NDP (BC)
View Murray Rankin Profile
2014-05-08 17:59
In your report, you mentioned the OECD just now, and the G-8 tax haven action plan is referred to and is endorsing the OECD's base erosion and profit shifting process to reform international corporate rules. Yet, you comment about Canada’s not taking a very active role. Could you speak to that? You are part of the Tax Justice Network, right?
Dennis Howlett
View Dennis Howlett Profile
Dennis Howlett
2014-05-08 18:00
Yes. I did consult my colleagues in Europe, part of the Tax Justice Network, who are monitoring the OECD process very closely. They reported that Canada is not taking a very active role, which I suppose may be a good thing, at least there are no reports of Canada actively resisting it. But I would urge the government to step up and make a stronger effort to push through significant reforms, especially to the international corporate taxation rules.
View Bryan Hayes Profile
CPC (ON)
Thank you, Mr. Chair.
Thank you for your presentations. My questions will be directed to the CRA officials.
The report states that auditing based on such extensive informant leads for offshore accounts was a new audit area for the agency and that the agency produced some new audit procedures, and that the work that has been initiated on detecting non-compliant taxpayers is promising. Can you describe some of the new procedures to the committee that resulted from your undertaking this audit?
Richard Montroy
View Richard Montroy Profile
Richard Montroy
2014-02-26 15:48
Thank you, Mr. Chair, for the question.
There are a number of procedures and things that have happened in recent years that help us on the offshore front. First and foremost, on the TIEA, the Tax Information Exchange Agreements that we have, we're now up to 18. As I pointed out in my opening remarks, they all come into force after 2008, so it will still take some time to get the information.
The bottom line in the audit world: information is key. The more information you have, the easier it is to do your work. So with the 18 TIEAs that we have with the so-called tax havens, we now have the ability to go to these countries to request information, banking information usually, to help us complete our audit.
There is also, since 2007, the Liechtenstein list, and a number of other measures, be it budget 2013 that brought in the electronic funds transfer that will help us immensely starting next year. But there are also a number of other measures that have been brought in in recent years that counter the aggressive international tax flavour of transactions. To put it in layman's terms, there are a number of tax loopholes that have been closed in recent years. So I would say those are three big elements.
We've also created the new offshore tax compliance division that Ms. Jelmini leads, and that area will have the strict focus on international offshore transactions. So we've decided within the agency to create a separate group that will work specifically on those activities.
So I think all those issues put together is what helps us combat offshore tax evasion.
View Bryan Hayes Profile
CPC (ON)
I have one final question. I just want to understand this whole process of informants. How does the agency receive information from informants, i.e., if I were an informant and I wanted to bring information forward, what would the process be? What would you do with that information once you received it?
Gina Jelmini
View Gina Jelmini Profile
Gina Jelmini
2014-02-26 15:52
We have a new offshore tax informant program that was launched on January 15, which now pays a reward for individuals who have information that leads to the collection of federal taxes owed in excess of $100,000 that is linked to international taxes. We have also set up a 1-800 number as well as a local number that can be dialed anywhere in the world. That's the first step, making that phone call.
We explain the parameters of the program, the requirements, the eligibility criteria. Where an individual appears to meet the program requirements, they are given a case number and they're invited to provide us with a full submission. We make an assessment of the submission, and if they appear to meet again the criteria for the program, we would enter into a contract with the individual. At that point, we would do the compliance action and follow the case through the full compliance cycle.
View Ted Falk Profile
CPC (MB)
View Ted Falk Profile
2014-02-26 16:24
In the Liechtenstein cases were the taxpayers primarily individuals or corporations?
Richard Montroy
View Richard Montroy Profile
Richard Montroy
2014-02-26 16:24
There was a mixture of both. There were individuals. There were trusts. There was a mixture of entities.
View Dave MacKenzie Profile
CPC (ON)
View Dave MacKenzie Profile
2014-02-11 11:07
This is meeting number two of the Subcommittee on Private Members' Business of the Standing Committee on Procedure and House Affairs on Tuesday, February 11, in regard to the determination of non-votable items pursuant to Standing Order 91.1(1).
Let's go through this.
The first one is Motion No. 485.
Alexandre Lavoie
View Alexandre Lavoie Profile
Alexandre Lavoie
2014-02-11 11:08
The motion proposes measures to measure the impact of the use of international tax havens and tax evasion on federal government revenues.
The motion does not concern a question that is outside federal jurisdiction. It does not clearly violate the Constitution Acts. It does not concern a question that is substantially the same as one already voted on by the House of Commons. It does not concern a question that is currently on the order paper or notice paper as an item of government business.
View Murray Rankin Profile
NDP (BC)
View Murray Rankin Profile
2013-11-25 16:32
Thank you, Mr. Chairman, and welcome to all of our witnesses.
I'd like to take up where Mr. Adler left off with you, Mr. Spiro. I appreciate your being here. I know of your work at Dentons LLP, and your expertise in tax litigation is well known.
We're very concerned on this part of the committee about tax havens and international tax, in which you have a great deal of expertise. You talked in your remarks about the thin capitalization rules, and this bill purports to broaden them. You talked about its extension to non-resident trusts. But you also said there needed to be some additional fine tuning so these would not be offensive from a policy perspective.
I'd like any insights you might be able to provide about whether we're on the right track, and how we might do a better job on enforcement in respect of tax havens.
David Spiro
View David Spiro Profile
David Spiro
2013-11-25 16:33
In my remarks, my intention was to mention the fine tuning, and this goes on in a number of different venues including the joint committee of Mr. Hayos's group and the Canadian Bar Association—lawyers and accountants with expertise in tax. They sit down, and they work very closely with the Department of Finance to fine-tune these rules so they don't exceed the scope of the policy.
In other words, if there are transactions caught by these rules technically that don't offend any policy, and therefore shouldn't really be caught by those rules, then there needs to be some amendment or modification, and those take place over time. Those are the technical amendments the Department of Finance people often come in and testify about, and they do this in the case of Bill C-4 as well. There are a number of those cleanup measures and amendments in addition to what was announced in the budget.
I wasn't speaking specifically about the thin capitalization rules. I was speaking about any of these amendments where sometimes the scope of them exceeds the policy or the mischief the Department of Finance seeks to address.
View Murray Rankin Profile
NDP (BC)
View Murray Rankin Profile
2013-11-25 16:36
Thank you for your white paper on corporate tax evasion. You talked a bit about that in your remarks as well. You said the topic of tax evasion versus legal tax planning and corporations not paying their fair share of tax is big and getting bigger. Then you referenced the work of the OECD in that regard.
I wonder if you could talk a little bit more about any insights your organization might have on how we might address the issue of unfair tax planning, or tax evasion where the use of international tax havens is engaged.
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