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What is a Retirement Compensation Arrangement (“RCA”)?

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An RCA is a plan that is funded by contributions from employers and employees to a custodian who manages the funds. RCAs are used to fund the retirement of an employee, their loss of employment or a substantial change in the services that they provide.

How it works?

Employers make annual tax deductible contributions to an RCA that are subject to a refundable 50% withholding tax. Since the payments are not made to the employee, they are not subject to any tax implications in the year the contributions are made.  When payments are made from the plan to the employee, the refundable taxes paid are recovered at the same rate (e.g. $1 of every $2 paid). All income earned within the plan is subject to the refundable 50% tax and is recoverable at the same rate as above. The employee pays personal tax on distributions from the RCA in the year they are received.

Employees can also make tax deductible contributions to an RCA. The contributions are similarly considered deductible and subject to the 50% refundable withholding tax.

Types of plans

An RCA can be set up as either a Defined Benefit Plan (“DBP”) or a Defined Contribution Plan (“DCP”). As the title suggests, a DBP provides employees with a defined pension amount annually, upon retirement. Whereas employees on a DCP will receive only what was contributed to the plan, plus any income earned or less any losses incurred, a DBP will require the periodic involvement of an actuary to determine whether the plan is properly funded.

A DBP puts the risk of losses on investments in the hands of the employer and a DCP passes that risk to the employees as they will receive what is remaining in the plan.

Who will benefit from RCAs?

Employees

Employees who participate in an RCA will enjoy future pension benefits and peace of mind knowing that, if the employer were to close down and they lost their employment, the assets of the RCA would be protected against the creditors of the employer.

The 50% refundable withholding rate is currently less than the top tax bracket in a number of provinces. As such, the after-tax investment for the pension is no longer considered a disadvantage to RCAs for high-income earning employees as the plan will invest 50% of the amount they are paid as opposed to less than 50%, had they been paid as a salary.

Contributions to the RCA by an employer will not reduce the RRSP contribution room for the employee, which is not the case for contributions made to a Retirement Pension Plan (“RPP”).

Further tax savings can be obtained by paying the employees out of the RCA in future years when their income levels are lower and subject to lower marginal tax rates.  When you consider the ability to include income in lower income earning years, employees living in provinces and territories not subject to >50% tax at the top rate can still benefit from an RCA.

Employers

Employers may wish to provide a retirement package for their employees but not pay the high costs of operating an RPP or an Individual Pension Plan (“IPP”). If the owner-manager of the company or someone already within the company completes the required remittance forms and bookkeeping for the plan, the costs associated with an RCA would include the preparation of the trust return, identified above, and investment advisor fees, if an advisor is used. Additional costs may be applicable for DPBs since possible periodic actuarial valuations may be needed to ensure the plan is properly funded.

Employers can also utilize RCAs for what’s referred to as “Golden Handcuffs,” meaning they can require an employee to meet certain length-of-employment requirements before the pension contributions vest. This will help employers retain key employees that are vital to their operations.

Tax benefits for employer

One group that may benefit most from these plans are companies involved in Scientific Research and Experimental Development (“SRED”) that must maintain low taxable income and taxable capital figures to retain their benefits from the enhanced investment tax credits. Since the taxable income and taxable capital figures exceed $500,000 and $10,000,000, respectively, the amount eligible for the enhanced tax credit decreases.

Federally, expenditures eligible for the enhanced tax credit are eligible for a 35% tax credit, whereas expenditures not eligible only provide for a 15% tax credit. When you also consider the provincial tax credit implications, it’s critical for these companies to maintain sufficient expenditure pool levels.

One common method for ensuring low income and taxable capital figures is to declare bonuses for the owner-managers and to pay those bonuses out of the company to reduce taxable capital. This is a good opportunity to use RCAs. The top tax rate in seven of Canada’s thirteen provinces or territories is over 50%. Given the RCA withholding rates are currently 50%, this can provide a deferral of up to 4% depending on your province. When you add the additional payroll costs, this can result in significant savings.

How much should be contributed?

An employer must be careful not to contribute an unreasonable amount to the plan on behalf of an employee as it could result in the plan being re-characterized as an SDA.  The starting point for a reasonable DCP amount would be the 18% that is used to create RRSP deduction room annually. A higher rate would likely require a very strong argument as to why it’s reasonable.

A DBP requires a certain level of assets to be held within the plan to support the future pension obligations that an actuary has calculated. Given that the plan will require a certain amount, a reasonable contribution will be the amount that brings the assets of that plan to a sufficient level to fund that obligation. The pension benefit, however, must be considered a reasonable amount.  Again, a reasonable amount will vary based on the facts of each situation.

The CRA has indicated that it will permit a deduction for recognition of an employee’s years of services even if it occurred prior to the establishment of the RCA.1 Since past years of service can be recognized, large contributions may be eligible when the RCA is initially established.

Careful planning is required to ensure that the plan meets the criteria of an RCA as adverse tax effects could result otherwise.  You should seek professional advice if you are setting up an RCA.

Jesse Genereaux is a tax manager in the Durham office of Collins Barrow.

Want to get in touch with Jesse?
Connect with him by email at [email protected].

2025 Federal Election

Don’t let the Liberals fool you on electric cars

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CAE Logo Dan McTeague

“The Liberals, hoodwinked by the ideological (and false) narrative that EVs are better for the environment, want to force you to replace the car or truck you love with one you can’t afford which doesn’t do what you need it to do.”

The Liberals’ carbon tax ploy is utterly shameless. For years they’ve been telling us that the Carbon Tax was a hallmark of Canadian patriotism, that it was the best way to save the planet, that it was really a “price on pollution,” which would ultimately benefit the little guy, in the form of a rebate in which Canadians would get back all the money they paid in, and more!

Meanwhile big, faceless Captain Planet villain corporations — who are out there wrecking the planet for the sheer fun of it! — will shoulder the whole burden.

But then, as people started to feel the hit to their wallets and polling on the topic fell off a cliff, the Liberals’ newly anointed leader — the  environmentalist fanatic Mark Carney — threw himself a Trumpian signing ceremony, at which he and the party (at least rhetorically) kicked the carbon tax to the curb and started patting themselves on the back for saving Canada from the foul beast. “Don’t ask where it came from,” they seem to be saying. “The point is, it’s gone.”

Of course, it’s not. The Consumer Carbon Tax has been zeroed out, at least for the moment, not repealed. Meanwhile, the Industrial Carbon Tax, on business and industry, is not only being left in place, it’s being talked up in exactly the same terms as the Consumer Tax was.

No matter that it will continue to go up at the same rate as the Consumer Tax would have, such that it will be indistinguishable from the Consumer Tax by 2030. And no matter that the burden of that tax will ultimately be passed down to working Canadians in the form of higher prices.

Of course, when that happens, Carney & Co will probably blame Donald Trump, rather than their own crooked tax regime.

Yes, it is shameless. But it also puts Pierre Poilievre and the Conservatives in a bind. They’ve been proclaiming their intention to “Axe the Tax” for quite some time now. On the energy file, it was pretty much all you could get them to talk about. So much so that I was worried that upon entering government, they might just go after the low hanging fruit, repeal the Carbon Tax, and move on to other things, leaving the rest of the rotten Net-Zero superstructure in place.

But now, since the Liberals beat them to it (or claim they did,) the Conservatives are left grasping for a straightforward, signature policy which they can use to differentiate themselves from their opponents.

Poilievre’s recently announced intention to kill the Industrial Carbon Tax is welcome, especially at a time when Canadian business is under a tariff threat from both the U.S. and China. But that requires some explanation, and as the old political saying goes, “If you’re explaining, you’re losing.”

There is one policy change however, which comes to mind as a potential replacement. It’s bold, it would make the lives of Canadians materially better, and it’s so deeply interwoven with the “Green” grift of the environmentalist movement of which Mark Carney is so much a part that his party couldn’t possibly bring themselves to steal it.

Pierre Poilievre should pledge to repeal the Liberals’ Electric Vehicle mandate.

The EV mandate is bad policy. It forces Canadians to buy an expensive product — EVs cost more than Internal Combustion Engine (ICE) vehicles even when the federal government was subsidizing their purchase with a taxpayer-funded rebate of $5,000 per vehicle, but that program ran out of money in January and was discontinued. Without that rebate, EVs haven’t a prayer of competing with ICE vehicles.

EVs are particularly ill-suited for Canada. Their batteries are bad at holding a charge in the cold. Even in mild weather, EVs aren’t known for their reliability, a major downside in a country as spread out as ours. Maybe it’ll work out if you live in a big city, but what if you’re in the country? Heaven help you if your EV battery dies when you’re an hour away from everywhere.

Moreover, Canada doesn’t have the infrastructure to support a total replacement of gas-and-diesel driven vehicles with EVs. Our already-strained electrical grid just doesn’t have the capacity to support millions of EVs being plugged in every night. Natural Resources Canada estimates that we will need somewhere in the neighborhood of 450,000 public charging stations to support an entirely electric fleet. At the moment, we have roughly 30,000. That’s a pretty big gap to fill in ten years.

And that’s another fact which doesn’t get nearly as much attention as it should. The law mandates that every new vehicle sold in Canada must be electric by 2035. Maybe that sounded incredibly far in the future when it was passed, but now it’s only ten years away! That’s not a lot of time for these technological problems or cost issues to be resolved.

So the pitch from Poilievre here is simple.

“The Liberals, hoodwinked by the ideological (and false) narrative that EVs are better for the environment, want to force you to replace the car or truck you love with one you can’t afford which doesn’t do what you need it to do. If you vote Conservative, we will fix that, so you will be free to buy the vehicle that meets your needs, whether it’s battery or gas powered, because we trust you to make decisions for yourself. Mark Carney, on the other hand, does not. We won’t just Axe the Tax, we will End the EV Mandate!”

A decade (and counting) of Liberal misrule has saddled this country with a raft of onerous and expensive Net-Zero legislation I’d like to see the Conservative Party campaign against.

These include so-called “Clean Fuel” Regulations, Emissions Caps, their war on pipelines and Natural Gas terminals, not to mention Bill C-59, which bans businesses from touting the environmental benefits of their work if it doesn’t meet a government-approved standard.

But the EV mandate is bad for Canada, and terrible for Canadians. A pledge to repeal it would be an excellent start.

Dan McTeague is President of Canadians for Affordable Energy.

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2025 Federal Election

Three cheers for Poilievre’s alcohol tax cut

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By Franco Terrazzano

The Canadian Taxpayers Federation applauds Conservative Party Leader Pierre Poilievre’s commitment to end and reverse the alcohol escalator tax.

“Poilievre just promised major alcohol tax cuts and taxpayers will cheers to that,” said Franco Terrazzano, CTF Federal Director. “Poilievre’s tax cut will save Canadians money every time they have a cold one with a buddy or enjoy a glass of Pinot with their better half and it will give Canadians brewers, distillers and wineries a fighting chance against tariffs.”

Today, federal alcohol taxes increased by two per cent, costing taxpayers about $40 million this year, according to Beer Canada.

Poilievre announced a Conservative government “will axe the escalator tax on wine, beer and spirits back to 2017 levels, ending the automatic annual tax increases.”

The alcohol escalator tax has automatically increased excise taxes on beer, wine and spirits every year, without a vote in Parliament, since 2017. The alcohol escalator tax has cost taxpayers more than $900 million since being imposed, according to Beer Canada.

Taxes from multiple levels of government account for about half of the price of alcohol.

Meanwhile, tariffs are hitting the industry hard. Brewers have described the tariffs as “Armageddon for craft brewing.”

“Automatic tax hikes are undemocratic, uncompetitive and unaffordable and they need to stop,” Terrazzano said. “If politicians think Canadians aren’t paying enough tax, they should at least have the spine to vote on the tax increase.

“Poilievre is right to end the escalator tax and all party leaders should commit to making life more affordable for Canadian consumers and businesses by ending the undemocratic alcohol tax hikes.”

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