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CEWS 2.0 – Why I see it as another attack on the small business owner

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12 minute read

July 18, 2017 – The Minister of Finance announces draft legislation of the Tax on Split Income (TOSI) rule changes that would have far reaching impact into the small business community and although some changes were made, the rules have negatively impacted small businesses ever since and will continue for years to come.

Three years later, July 17, 2020 – The same Minister of Finance tables legislation of the changes to the Canada Emergency Wage Subsidy (CEWS), what I like to call CEWS 2.0 which will also continue for years to come.

Before you try to correct me and say that the subsidy is only for 2020, please read on.

While many media and politician soundbites like to give the impression of how CEWS 2.0 will help small business, I cannot help but see this as an opposite approach.

Do not get me wrong, money is money, and businesses will take all the help they can get, and if my business qualifies, I will take full advantage of it, but I personally don’t have to pay a tax specialist to figure it out.

There are two new calculations to CEWS 2.0.

  1. a baseline amount based on the percentage of revenue decline in the month compared to either the same month in 2019, or the January-February 2020 average revenue amount.
  2. a top-up amount based on the three-previous month revenue decline where it exceeds 50%.

Instead of an all or nothing at a 30% decline, even a 1% decline will get you a pro-rated payout, although the costs of figuring out your eligible amount might outweigh the benefit.

In fact, you could have an increase in revenue compared to this time last year and still get a payout. Make sense?

If the previous three months were greater than a 50% decline you qualify for the top-up amount regardless of the result for the current month.

The complexity of the CEWS design will reward those that have experts in their corner compared to those that do not.

Consider the following scenario:

A large public corporation that has employees making more than $1,129 a week will be able to not only have a simple calculation, they will not have anyone “related” to the corporation that they have to do extra baseline remuneration calculations for. Just like CEWS 1.0, in CEWS 2.0 every employee including the CEO will be subsidized in a public corporation, with no clawback mechanism (as recommended in my earlier article, the Keep it Simple S…ubsidy).

In the large public corporation, the bookkeeping, payroll, and accounting function will be up to date and (I would hope) accurate because of internal controls. They also frequently have large accounting and I.T. departments to easily calculate the eligibility and amounts for such a subsidy.

But let us compare this to a small owner-managed business like a restaurant for example. The profit margins in restaurants are already sliced thinner than the meat on a charcuterie board. Add to this the extra costs of social distancing and safety precautions, as well as the inconsistency of regulations for being closed, re-opened, and closed again as we navigate the pandemic and restaurants seem like a lost cause for a business owner.

Assuming they are able to still successfully navigate the minefield that COVID19 has placed on their livelihoods, many restaurants have dozens of part-time staff, including family members.

So right away we have a glaring difference: relatives.

The rules in CEWS 2.0 has not reduced any of the requirements for calculations to be made with respect to relatives working in the business. Relatives must have been being paid as a wage employee during one of a few optional calculation periods prior to March 15, 2020 to be eligible for any of the CEWS.

Do you remember TOSI?

TOSI basically was designed so you could only income split dividends with related persons under a complex set of strict rules.  Even though restaurants are considered “food services”, the Canada Revenue Agency (CRA) and Finance have in Example 4B of their TOSI explanatory notes an example of a restaurant which would not be considered a service. In doing so, they sent the message to continue to pay yourselves in dividends if you run a family owned restaurant.

As a result, family owned restaurants continued to do just that.

Fast forward to 2020 and you now have family members working in a low margin business, with no support for their dividend remuneration under CEWS 1.0 or CEWS 2.0.

Even if the small business owner was one of the lucky fortune tellers that decided to pay themselves wages, they still have to do a baseline calculation (two different ways – weekly or bi-weekly – for each claim period) just to figure out how much they might be able to get.

Keep in mind the bi-weekly periods are the periods that were set by finance, not the period you may already be using for your payroll cutoff.

Now we have the part-time restaurant staff in my example. The family business now must calculate the average weekly earnings of each individual staff member during the claim period to figure out what the maximum amount of benefit is.

To make it better, the bookkeeping records better be pristine and accurate on a month to month basis, rather than on an annual basis like many, if not most, small businesses do.

Enter in that sale on the 1st of this month instead of the 31st of last month, and you could be looked at as “gaming the system”.

If you are a late-night pub restaurant, make sure that you are closing out the tills at 11:59pm on the 31st of the month – or your numbers would be inaccurate and you could be called a “tax cheat.”

I can’t wait for the Halloween pub crawls this year, when the weekly earnings of those late-night pub staff will have to also be cut off at midnight Saturday, October 31st. At least there will be plenty of mask wearing that night.

So, we now have increased the compliance costs for the small restaurants for monthly reporting, weekly payroll calculations, overnight cutoffs on month-ends, and special treatment for relatives of the business.

It doesn’t take a tax specialist, a cost-accounting CPA, or a PhD in mathematics to figure out that this is going to cost more per employee in overhead costs to the small family business in comparison to the large public corporation.

While I am more than happy to receive money from my clients for doing the immense research and calculations that will be required, the fact remains for the small business owner, is all of this extra work and compliance cost worth it in the end?

Sadly, you will not know if it is worth it, until after you have put in the work to calculate it.

If you happen to be one of the lucky ones that qualifies, you will then have to track the amount of CEWS you received for each employee separately.

This is because the CRA in question 29 of their Frequently Asked Questions on CEWS said that there will be a new box at the bottom of the T4 required to be filled in for the amount of CEWS received for that employee.

But what about my earlier statement that CEWS will impact businesses for years to come? With your calculation and compliance is going on until the end of February 2021 with the addition of the T4 box, does it end there?

February 2021 will just be the beginning. This will begin the audits of the CEWS claims (if they have not already started).

Since the CEWS is required to be reported on the 2020 T4 slips filed by the business in February 2021, would it be fair to say that the three-year tax compliance clock only begins at that time?

This means from now until February of 2024 you can expect to have a call from (likely the payroll audit division of) the CRA to take a look at:

  • your weekly employee wage calculations;
  • the monthly revenue calculations;
  • the monthly cut-offs;
  • the timing of your invoices;
  • the CEWS amounts allocated to individual staff members; and
  • the scrutiny of amounts paid to relatives;

All while you have the joy of having an internal debate with yourself on whether to pay your tax specialist to deal with them, or to try and go at it alone and confused.

July 2017 – TOSI

July 2020 – CEWS 2.0

I wonder what July 2023 will bring.

This article was originally published on July 23, 2020.

Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr is the founder of CGL Strategic Business & Tax Advisors (CGLtax.ca). Cory is an advocate for small business in his role as Alberta Governor for the Canadian Federation of Independent Business (CFIB); converts legislation into layman terms for fun; and provides Canadian tax advisory services to other CPA firms across Canada; opinions are his own.

Biography of Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr can be found here.

CEO | Director CGL Tax Professional Corporation With the Income Tax Act always by his side on his smart-phone, Cory has taken tax-nerd to a whole other level. His background in strategic planning, tax-efficient corporate reorganizations, business management, and financial planning bring a well-rounded approach to assist private corporations and their owners increase their wealth through the strategies that work best for them. An entrepreneur himself, Cory started CGL with the idea that he wanted to help clients adapt to the ever-changing tax and economic environment and increase their wealth through optimizing the use of tax legislation coupled with strategic business planning and financial analysis. His relaxed blue-collar approach in a traditionally white-collar industry can raise a few eyebrows, but in his own words: “People don’t pay me for my looks. My modeling career ended at birth.” More info: https://CGLtax.ca/Litzenberger-Cory.html

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Upcoming federal budget likely to increase—not reduce—policy uncertainty

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From the Fraser Institute

By Tegan Hill and Grady Munro 

The government is opening the door to cronyism, favouritism and potentially outright corruption

In the midst of budget consultations, the Carney government hopes its upcoming fall budget will provide “certainty” to investors. While Canada desperately needs to attract more investment, the government’s plan thus far may actually make Canada less attractive to investors.

Canada faces serious economic challenges. In recent years, the economy (measured on an inflation-adjusted per-person basis) has grown at its slowest rate since the Great Depression. And living standards have hardly improved over the last decade.

At the heart of this economic stagnation is a collapse in business investment, which is necessary to equip Canadian workers with the tools and technology to produce more and provide higher quality goods and services. Indeed, from 2014 to 2022, inflation-adjusted business investment (excluding residential construction) per worker in Canada declined (on average) by 2.3 per cent annually. For perspective, business investment per worker increased (on average) by 2.8 per cent annually from 2000 to 2014.

While there are many factors that contribute to this decline, uncertainty around government policy and regulation is certainly one. For example, investors surveyed in both the mining and energy sectors consistently highlight policy and regulatory uncertainty as a key factor that deters investment. And investors indicate that uncertainty on regulations is higher in Canadian provinces than in U.S. states, which can lead to future declines in economic growth and employment. Given this, the Carney government is right to try and provide greater certainty for investors.

But the upcoming federal budget will likely do the exact opposite.

According to Liberal MPs involved in the budget consultation process, the budget will expand on themes laid out in the recently-passed Building Canada Act (a.k.a. Bill C-5), while also putting new rules into place that signal where the government wants investment to be focused.

This is the wrong approach. Bill C-5 is intended to help improve regulatory certainty by speeding up the approval process for projects that cabinet deems to be in the “national interest” while also allowing cabinet to override existing laws, regulations and guidelines to facilitate such projects. In other words, the legislation gives cabinet the power to pick winners and losers based on vague criteria and priorities rather than reducing the regulatory burden for all businesses.

Put simply, the government is opening the door to cronyism, favouritism and potentially outright corruption. This won’t improve certainty; it will instead introduce further ambiguity into the system and make Canada even less attractive to investment.

In addition to the regulatory side, the budget will likely deter investment by projecting massive deficits in the coming years and adding considerably to federal debt. In fact, based on the government’s election platform, the government planned to run deficits totalling $224.8 billion over the next four years—and that’s before the government pledged tens of billions more in additional defence spending.

growing debt burden can deter investment in two ways. First, when governments run deficits they increase demand for borrowing by competing with the private sector for resources. This can raise interest rates for the government and private sector alike, which lowers the amount of private investment into the economy. Second, a rising debt burden raises the risk that governments will need to increase taxes in the future to pay off debt or finance their growing interest payments. The threat of higher taxes, which would reduce returns on investment, can deter businesses from investing in Canada today.

Much is riding on the Carney government’s upcoming budget, which will set the tone for federal policy over the coming years. To attract greater investment and help address Canada’s economic challenges, the government should provide greater certainty for businesses. That means reining in spending, massive deficits and reducing the regulatory burden for all businesses—not more of the same.

Tegan Hill

Director, Alberta Policy, Fraser Institute

Grady Munro

Policy Analyst, Fraser Institute
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Poilievre: “Carney More Irresponsible Than Trudeau” as Housing, Jobs, and Energy Failures Mount

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The Opposition with Dan Knight

Dan Knight's avatar Dan Knight

50,000 lost manufacturing jobs, 86,000 more unemployed, soaring housing costs, and blocking every LNG project while vowing to end the TFW program

Pierre Poilievre opened his press conference with a direct attack on Mark Carney and the Liberal record on housing, framing the crisis as the product of government mismanagement rather than market forces.

He began by pointing to Conservative MP Scott Aitchison, a former mayor, as an example of what can be done when local leaders “cut the taxes and the development charges and the wait times so that building can happen.” Then came the pivot: “What a contrast with Justin Trudeau — excuse me, with Mark Carney,” he said, before slamming Carney’s choice of Gregor Robertson as housing minister. Robertson, he reminded the crowd, presided over a 149% increase in Vancouver housing costs and more than doubled homebuilding taxes. Carney, Poilievre said, rewarded that record by handing him the national housing file.

The setting itself — Deco Homes, a family-run builder founded by Italian immigrants — was chosen deliberately. Poilievre praised the Gasper family for their role in building Canada’s homes and businesses, but then asked whether such families could do the same today. His answer was no. “After a decade of Liberal taxes, Liberal spending, out-of-control Liberal immigration, reckless crime policies… the Canadian promise is really broken.”

From there, he broadened the attack. He spoke of an entire generation priced out of homeownership, of immigration growing “three times faster than housing and jobs,” of crime rising, and of what he called “the worst economy in the G7.” And then he turned squarely on Carney: “Mr. Carney is actually more irresponsible than even Justin Trudeau was,” citing an 8% increase in government spending, 37% more for consultants, and 62 billion dollars in lost investment — the largest outflow in Canadian history, according to the National Bank.

The message was simple: Liberals talk, Conservatives build. Poilievre painted Carney as a man of speeches and promises, not results. “The mistake the media is making is they’re judging him by his words rather than his deeds,” he said.

It was an opening statement designed less to introduce policy — those details came later — and more to frame the battle. For Poilievre, Carney isn’t just Trudeau’s replacement. He’s Trudeau’s sequel, and in some ways worse.

During the Q and A portion of the presser; Pierre Poilievre was pressed on immigration today, and what he said was blunt. Canada, he argued, once had the “envy of the world” system: immigrants came in at numbers the country could absorb. There were jobs, housing, health care. Everyone integrated. Ten years later? He says the Liberals have destroyed that.

The facts he used were stark. According to Poilievre, Canada is bringing in people three times faster than homes and jobs are being created. He accused the government of allowing “massive abuses” of the international student program, the Temporary Foreign Worker program, and asylum claims, with what he called “rampant fraud” right under Ottawa’s nose.

He tied this directly to the economy: youth unemployment, he said, is the worst in three decades. At the same time, employers are importing more temporary foreign workers than ever, this year at a record high and using them for cheap labor under poor conditions. His line: “While our young people can’t find jobs, employers are able to exploit temporary foreign workers by giving them lower wages and terrible working conditions.”

But here’s the part that stands out politically. Poilievre said, “Immigrants are not to blame.” He put the responsibility squarely on Liberal governments, calling their immigration numbers “reckless and irresponsible.”

His fix? End the Temporary Foreign Worker program. Cut immigration levels back to “the right numbers and the right people” to fill jobs Canadians can’t do. Tighten border standards to keep criminals out. And, in his words, “always and everywhere put Canada first.”

Pierre Poilievre didn’t hold back when asked about Mark Carney’s record. His words: “Mr. Carney is actually more irresponsible than even Justin Trudeau was.” That’s not a throwaway line, he backed it with numbers.

According to Poilievre, Carney inherited what he called a “morbidly obese government” from Trudeau and made it worse: 8% bigger overall, 37% more for consultants, and 6% more bureaucracy. He says Carney’s deficit is set to be even larger than Trudeau’s.

Then the jobs number: 86,000 more unemployed people under Carney than under Trudeau. That, Poilievre argued, is the real measure, not the polished speeches Carney gives. His line: “The mistake the media is making is they’re judging him by his words rather than his deeds.”

He also went after Carney for what hasn’t happened: “He has not approved a single major national project.” Meanwhile, Poilievre says food price inflation is even worse today, crime policy hasn’t changed the same “catch and release” approach and every big promise Carney made has already been broken.

 

Pierre Poilievre was asked about Ukraine, and his answer wasn’t about speeches or handshakes in Brussels. It was about pipelines.

“The best way to put Canada first while helping Ukraine is to sell our oil and gas in Europe.” His argument: Vladimir Putin bankrolls his war because Europe still buys his fuel. Poilievre said if Canada had built the Energy East pipeline, we’d be shipping a million barrels of oil a day to Europe right now.

He went further: approve LNG plants immediately, liquefy tens of billions of dollars of Canadian gas, and ship it overseas to “fully displace” Russian sales. His line: “Instead of the money going to Putin’s war machine, it will go to the trades workers in this country.”

And then the indictment of the Liberals: “Mark Carney and the Liberals have blocked every single LNG project that has been put before them. As a result, we only have one plant and it was approved by Stephen Harper.”

So the contrast is stark. Carney talks about climate virtue. Poilievre says: build pipelines, sell fuel, kill Putin’s war economy, and pay Canadian workers. His closer: “That is how you put Canada first.”

Final Thoughts

So let’s just be honest. Under Mark Carney’s leadership, the numbers aren’t just bad they’re devastating. In a matter of months, Canada has lost 50,000 manufacturing jobs. These are not low-skill jobs; they are the backbone of the economy, the kind of work that built the middle class in this country. Add to that another 86,000 unemployed overall compared to when he took office. This is what Carney calls stability.

Now, if you’re a Temporary Foreign Worker, life looks pretty good. Ottawa has built an entire system around you cheap wages, little recourse, and companies happy to import you as disposable labor. If you’re a Carney insider, it looks even better. The government is 8% bigger than when Trudeau left, consultants are raking in 37% more, the bureaucracy is swelling. It’s one of the greatest insider rackets in modern Canadian politics.

But if you’re part of Canada’s middle class, if you’re a young person trying to buy a home, if you’re a worker trying to hold onto a job in a plant, a mill, or a construction site you are being hollowed out. You’re watching your wages stagnate, your housing costs explode, your jobs disappear overseas or into government-mandated “green transitions.” And when you ask for answers, what do you get? You get Patty Hajdu telling you not to be afraid of robots. You get Mark Carney telling you his deficits are “investments.” You get speeches about “climate virtue” and “AI literacy” while your livelihood collapses.

That’s the contrast Poilievre is trying to draw. On immigration, he says: let’s end the Temporary Foreign Worker scam, bring people in at a pace we can actually house and employ, and put Canadian workers first. On energy, he says: build the pipelines, approve the LNG projects, and stop funding Putin’s war by leaving Europe dependent on Russian fuel. On the economy, he says: stop measuring success by the size of government or the smoothness of a prime minister’s speeches, and start measuring it by the number of Canadians who can work, buy homes, and raise families in their own country.

So the choice is simple. Carney offers more of the same consultants, insiders, deficits, slogans, and the slow managed decline of a once-prosperous nation. Poilievre is offering something completely different: a chance to reverse the hollowing out of the middle class and to put Canadian jobs, Canadian energy, and Canadian sovereignty first.

If you’re an insider, Carney’s Canada works just fine. If you’re a middle-class Canadian, it’s a disaster. And that, in the end, is the dividing line in this country.

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