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Home   ->   Federal Budget -> 2022 Federal Budget & Fall Economic Statement

2022 Federal Budget - April 7, 2022 - below

2022 Fall Economic Statement (FES) - Nov 3, 2022

From the Government of Canada website:

Fall Economic Statement 2022  and Tax Measures:  Supplementary Information

Bill C-32, Fall Economic Statement Implementation Act, 2022 - Royal Assent December 15, 2022

bulletNovember 4, 2022 news release re Bill C-32, with links to Notice of Ways and Means Motion and Explanatory notes.

Much of Bill C-32 is related to measures announced in Budget 2022.  We've noted in our information on Budget 2022 if the measures are included in Bill C-32.

Personal Income Tax Measures

Residential Property Flipping Rule Extended to Assignment Sales

bulletDeems profits from flipped residential property to be business income, not capital gain, and principal residence exemption cannot apply to the income.
bulletIncluded in Bill C-32 tabled Nov 3, 2022.
bulletEffective January 1, 2023.
bulletWill also apply to profits arising from the disposition of rights to purchase a residential property via an assignment sale, if the rights were assigned after having been owned for less than 12 months.
bulletOnce the property is owned by the taxpayer who entered into a purchase and sale agreement, the 12-month holding period for the flipping rule will be reset - i.e., start anew.
bulletExceptions apply for certain life events - see Property Flipping Rule below.

Automatic Advance Payments for Canada Workers Benefit (CWB)

bulletCWB is a refundable tax credit currently claimed on the tax return, and advance payments can be received for 1/2 of the estimated benefit.
bulletAdvance payments of 1/2 of the estimated CWB entitlement will now be done automatically, with 1/6th of the 2022 CWB amount paid in July, October and January - no need to apply.  This will be done based on the prior year tax return, so payments are proposed to start in July 2023 based on 2022 tax returns.
bulletAny residual entitlement would be calculated and paid to the taxpayer through their tax return for the year.
bulletAmounts received that exceed the actual entitlement will not have to be repaid.
bulletIncluded in Bill C-47, Budget Implementation Act 2023, No. 1

The wording in the FES is that the FES "proposes to automatically provide individuals who received the CWB for the previous taxation year an entitlement for the current taxation year through quarterly advance payments, so long as their income tax return for the previous year is received and assessed by the CRA prior to November 1 of the current year".

In their report Fall Economic Statement 2022 - Issues for Parliamentarians the Parliamentary Budget Officer report indicates on page 7 of the pdf that the government made a "policy decision not to recoup these advance payments when recipients' incomes rise and they become ineligible for benefits, or eligible for lower benefits. Not requiring repayment of federal benefits for ineligible individuals is a pronounced departure from the existing federal tax and transfer system."

The legislation for this measure is not yet available.

Alternative Minimum Tax (AMT) Review

bulletCanada has an alternative minimum tax system that ensures that in certain situations where a taxpayer would have little or no tax under the "regular" tax calculation rules, there will be a minimum amount of tax paid.
bulletDetailed proposal and path for implementation will be announced in Budget 2023.

Business Income Tax Measure

Investment Tax Credit for Clean Technologies

bulletNew refundable tax credit equal to 30% of the capital cost of eligible equipment.  See above link for the types of equipment eligible for the credit.
bulletAvailable for property that is acquired and becomes available for use on or after the day that the 2023 Budget is released, where it has not been used for any purpose before its acquisition.
bulletWill be phased out by reducing the credit rate to 20% in 2032, 10% in 2033, and 5% in 2034, with the credit not available after 2034.
bulletCertain labour conditions must be fulfilled to obtain the 30% rate, otherwise a 20% rate is available. Additional details on labour conditions will be announced in Budget 2023.

Tax on Corporate Share Buybacks

bulletIntention to introduce a corporate-level 2% tax on share buybacks by public corporations in Canada
bulletWould come into force on January 1, 2024
bulletDetails will be announced in Budget 2023

Other Measures

Eliminating interest on federal student and apprentice loans

bulletProposal to make these loans permanently interest-free, including those currently being repaid, beginning on April 1, 2023.

Enhanced Reporting Requirements for Trusts - see Clause 35 re Income Tax Act s. 150

bulletIncluded in Bill C-32 tabled Nov 3, 2022.
bulletThe expanded trust reporting rules will be effective for Trust years ended after December 30, 2023 (i.e., ending December 31, 2023 and later) - deferred by one year to Dec 31, 2023 by Bill C-32.
bulletThere are many exceptions to the reporting requirements - see the above link.

Consultations with Canadians Launched re:

bulletLowering credit card fees for small business.
bulletAddressing the digitalization of money: re digital currencies, including cryptocurrencies, stablecoins, and central bank digital currencies.
bulletImplementing the Organisation for Economic Cooperation and Development (OECD) Model Rules for income reporting by digital platforms
bulletLimiting excessive interest deductions for large and multinational companies.
bulletOfficial Development Assistance - whether current international assistance payments continue to contribute to fighting poverty, meeting the needs of developing countries, and upholding international human rights standards

Reportable and Notifiable Transactions

bulletComing into force date of reporting requirements delayed until a bill implementing these changes receives Royal Assent.
bulletIncluded in Bill C-47, Budget Implementation Act 2023, No. 1

2022 Federal Budget - April 7, 2022

All budget measures are subject to legislative approval.  Not all budget measures are included below, just the main tax measures.  See the 2022 Federal Budget website for complete information.

All federal draft legislation, whether budget-related or not, can be found on the Department of Finance website Draft Legislation page.

Contents

Legislation (Bills) Tabled Subsequent to 2022 Budget

Legislation Introduced Subsequent to the Tabling of the Budget

Personal Tax Measures

Business Income Tax Measures

Sales and Excise Tax Measures

Other Tax Measures

Legislation Tabled Subsequent to 2022 Budget

GST/HST Credit, Dental Benefit, Rental Housing Benefit

September 20, 2022 News Release re Bills C-30 and C-31

GST/HST Credit

Bill C-30 Cost of Living Relief Act, No. 1 (Targeted Tax Relief)

bulletRoyal Assent Oct 18, 2022 - see Backgrounder
bulletDoubles the Goods and Services Tax/Harmonized Sales Tax (GST/HST) credit for 6 months, increasing the maximum annual GST/HST credit amounts by 50% for the 2022-2023 benefit year.
bulletThe Parliamentary Budget Officer (PBO) estimates the cost of Bill C-30 to be $2.6 billion.

Canada Disability Benefit (CDB)

Bill C-22 Canada Disability Benefit Act

bulletTabled June 2, 2022, as of June 21, 2023 awaiting Royal Assent.
bulletAccording to the text of the 3rd reading of the bill it comes into force no later than the first anniversary of the day on which it receives royal assent.  However, the Disability Tax Credit Promoters Restrictions Act was passed on May 29, 2014, and regulations were not completed until 2021, 7 years later.
bulletWill provide a benefit to help reduce poverty among working-age Canadians with disabilities.
bulletFirst proposed in the September 23, 2020 Speech from the Throne.

Dental Benefit and Rental Housing Benefit

Canada Revenue Agency (CRA) Portals - include questions that future applicants (possibly in December) should review now to be ready to apply:

Canada Dental Benefit portal - portal opened December 5, 2022

One-time top-up to the Canada Housing Benefit portal - portal opened December 12, 2022

Legislation:

Bill C-31 Cost of Living Relief Act, No. 2 (Targeted Support for Households), Royal Assent November 17, 2022

Canada Dental Benefit (Dental Benefit Act)

bulletCanada Dental Benefit portal is open until Friday June 30, 2023 for applications related to the first benefit period of October 1, 2022 to June 30, 2023.
bulletProvides financial support for eligible parents for dental care services for their children under 12 years of age from October 2022 until June 2024.
bulletFor families with adjusted net income under $90,000 per year and without dental coverage.
bulletApplication is made through your CRA My Account, or by phone.
bulletTax-free benefit amounts per year for each eligible child under 12:
bullet$650 for adjusted net income under $70,000
bullet$390 for adjusted net income greater than $70,000 but less than $80,000
bullet$260 for adjusted net income greater than $80,000 but less than $90,000
bulletKeep your dental care receipts for 6 years in case CRA needs to validate your eligibility.
bulletThe Parliamentary Budget Officer (PBO) estimates the cost of the dental program to be $9 billion over a 5 fiscal year period.
bulletsee Making Dental Care More Affordable: The Canada Dental Benefit

One-Time Canada Housing Benefit Top-Up (Rental Housing Benefit Act)

bulletOne-time top-up to the Canada Housing Benefit portal opened December 12, 2022 and applications are open until Friday, March 31, 2023.
bulletProvides for establishment of a one-time tax-free $500 rental housing benefit for eligible persons who have paid rent in 2022 for their principal residence and who apply for the benefit.
bulletTo apply, applicants do not need to be receiving other housing benefits such as the Canada Housing Benefit.
bulletAvailable to applicants who pay at least 30% of the adjusted net income on rent, and with adjusted net income of no more than:
bullet$35,000 for families, or
bullet$20,000 for individuals
bulletApplication is made through your CRA My Account, via the online application, or by phone.
bulletsee Making Housing More Affordable: One-time top-up to the Canada Housing Benefit program

Draft Legislation Introduced Subsequent to the Tabling of the Budget

August 9, 2022 News Release re draft legislation for consultation, which includes measures from Budget 2022, as well as from the 2021 Economic Update and Budget 2021. The proposals re Budget 2022 measures relate to:

bulletThe Tax-Free First Home Savings Account (FHSA)
bulletThe First-Time Home Buyers’ Tax Credit (HBTC)
bulletThe Multigenerational Home Renovation Tax Credit
bulletThe Residential Property Flipping Rule
bulletThe Medical Expense Tax Credit for Surrogacy and Other Expenses
bulletBorrowing by Defined Benefit Pension Plans
bulletAnnual Disbursement Quota for Registered Charities
bulletReporting Requirements for Registered Retirement Savings Plans (RRSPs) and Registered Retirement Income Funds (RRIFs)
bulletThe Canada Recovery Dividend and the Additional Tax on Banks and Life Insurers
bulletThe Investment Tax Credit for Carbon Capture, Utilization and Storage
bulletClean Technology Tax Incentives – Air-Source Heat Pumps
bulletThe Critical Mineral Exploration Tax Credit
bulletEliminating Flow-Through Shares for Oil, Gas and Coal Activities
bulletThe Small Business Deduction
bulletInternational Financial Reporting Standards (IFRS 17)
bulletHedging and Short Selling by Canadian Financial Institutions
bulletThe Application of the General Anti-Avoidance Rule to Tax Attributes
bulletSubstantive Canadian-Controlled Private Corporations
bulletInterest Coupon Stripping
bulletQuarterly Remittances and Technical Amendments to the Cannabis Taxation Framework

For a good summary of the legislative proposals, see Osler, Hoskin & Harcourt LLP Draft federal tax legislation package released.

April 7, 2022 Notice of Ways and Means Motion

April 28, 2022 News Release re Bill C-19

Bill C-19, Budget Implementation Act, 2022, No. 1 - Royal Assent June 23, 2022.

Jun 23, 2022 News Release listing key measures in Bill C-19

Personal Tax Measures

bulletTax-Free First Home Savings Account (FHSA) - registered account to help individuals save for their first home
bulletHome Buyers' Tax Credit (HBTC)
bulletincluded in Bill C-32 tabled November 3, 2022
bulletincreased from $5,000 to $10,000, which would provide up to $1,500 tax credit.  See our Home Buyers' Tax Credit article for eligibility information.
bulletMultigenerational Home Renovation Tax Credit
bulletincluded in Bill C-32 tabled November 3, 2022
bulletnon-refundable tax credit of 15% of the lesser of eligible expenses and $50,000, for a maximum credit of $7,500
bulletfor eligible expenses for a qualifying renovation that creates a secondary dwelling unit to permit an eligible person (a senior or a person with a disability) to live with a qualifying relation
bulletstarting January 1, 2023
bulletHome Accessibility Tax Credit
bulletincreased from $10,000 to $20,000
bulletfor expenses incurred in the 2022 and later taxation years
bulletsee our article on the Home Accessibility Tax Credit
bulletResidential Property Flipping Rule
bulletincluded in Bill C-32 tabled November 3, 2022
bulletprofits are fully taxable as business income, not capital gains, and no principal residence exemption, for residential property owned for less than 12 months
bulletsee also our article on Taxation of Real Estate Sales
bulletexemptions for certain life events
bulletwill disallow non-capital loss for flipped residential properties - see Residential Property Flipping Rule explanation re draft legislation.
bulletfor properties sold on or after January 1, 2023
bulletLabour Mobility Deduction for Tradespeople
bulletfor tradespeople or apprentices making eligible temporary relocations to enable them to obtain or maintain employment
bulletdeduction of up to $4,000 in eligible expenses per year
bulletfor 2022 and later taxation years
bulletamounts claimed here would not be deductible under the existing Moving Expense Deduction
bulletMedical Expense Tax Credit for Surrogacy and Other Expenses
bulletincluded in Bill C-32 tabled November 3, 2022
bulletexpansion of eligible medical expenses to include
bulletmedical expenses related to a surrogate mother or sperm, ova or embryo donor
bulletonly expenses incurred in Canada would be eligible
bulletfor 2022 and later taxation years

Business Income Tax Measures

bulletCanada Recovery Dividend and Additional Tax on Banks and Life Insurers
bulletCanada Recovery Dividend (CRD)
bulletincluded in Bill C-32 tabled November 3, 2022
bulletone-time 15% tax for 2022 tax year, payable in equal amounts over 5 years
bulletapplies to banks and life insurer groups
bulletgroup would include a bank or life insurer and any other financial institution (for the purposes of Part VI (capital tax) of the Income Tax Act) that is related to the bank or life insurer
bulleteach group would be permitted to share a $1 billion taxable income exemption
bulletAdditional Tax on Banks and Life Insurers
bulletincluded in Bill C-32 tabled November 3, 2022
bulletannual 1.5% tax on the taxable income for members of bank and life insurer groups, determined in the same manner as the CRD
bulleteach group would be permitted to share a $100 million taxable income exemption
bulletapplies to taxation years that end after April 7, 2022
bulletfor taxation year that includes April 7th, the additional tax would be prorated based on the number of days in the taxation year after April 7th.
bulletInvestment Tax Credit for Carbon Capture, Utilization, and Storage
bulletCredit rates of 37.5% to 60% for eligible expenses incurred from 2022 through 2030
bulletCredit rates of 18.75% to 30% for eligible expenses incurred from 2031 to 2040
bulletClean Technology Tax Incentives - Air-Source Heat Pumps
bulletexpansion of CCA Classes 43.1 and 43.2 for equipment that is part of an air-source heat pump system
bulletfor property that is acquired and that becomes available for use after April 7, 2022, where it has not been used or acquired for use for any purpose before that date
bulletaccelerated CCA rates of 30% and 50% for Classes 43.1 and 43.2
bulletRate Reduction for Zero-Emission Technology Manufacturers
bulletreduced tax rate of 4.5% for income that would otherwise be taxed at the 9% small business tax rate
bulletreduced tax rate of 7.5% for income that would otherwise be taxed at the 15% general corporate tax rate
bulletfirst proposed in the 2021 budget
bulleteligibility to be expanded to the manufacturing of air-source heat pumps used for space or water heating
bulletCritical Mineral Exploration Tax Credit (CMETC)
bulletincluded in Bill C-32 tabled November 3, 2022
bulletfollowing rules in place for the Mineral Exploration Tax Credit (METC)
bulletMETC provides a tax credit of 15% of specified mineral exploration expenses incurred in Canada and renounced to flow-through share investors
bulletnew CMETC would provide a 30% tax credit for specified minerals used in the production of batteries and permanent magnets, or in the production and processing of advanced materials, clean technology, or semi-conductors
bulleteligible expenditures would not benefit from both the proposed CMETC and the METC
bulletwould apply to expenditures renounced under eligible flow-through share agreements entered into after April 7, 2022 and on or before March 31, 2027
bulletFlow-Through Shares for Oil, Gas, and Coal Activities - elimination
bulletincluded in Bill C-32 tabled November 3, 2022
bulletto be eliminated by no longer allowing oil, gas and coal exploration or development expenditures to be renounced to a flow-through share investor
bulletwould apply to expenditures renounced under flow-through share agreements entered into after March 31, 2023
bulletSmall Business Deduction
bulletincluded in Bill C-32 tabled November 3, 2022 proposal to extend the range over which the business limit is reduced based on the combined taxable capital employed in Canada of the CCPC and its associated corporations.
bulletNew range for taxable capital would be $10 million to $50 million, to allow more medium-sized CCPCs to benefit from the small business deduction.
bulletApplies to taxation years that begin on or after April 7, 2022.
bulletApplication of the General Anti-Avoidance Rule (GAAR) to Tax Attributes
bulletincluded in Bill C-32 tabled November 3, 2022
bulletproposal to amend the Income Tax Act to provide that the GAAR can apply to transactions that affect attributes that have not yet become relevant to the computation of tax
bulletdeterminations made before April 7, 2022, where the rights of object and appeal in respect of the determination were exhausted before April 7, 2022, would remain binding on taxpayers and the CRA
bulletwould apply to notices of determination issued on or after April 7, 2022
bulletGenuine Intergenerational Share Transfers
bulletBill C-208, which received Royal Assent in June 2021, may unintentionally permit surplus stripping
bulletBudget 2022 announces a consultation process for Canadians to share views on how the rules could be modified to facilitate genuine intergenerational business transfers
bulletsend your comments by email to intergenerational-transfers-transferts-intergenerationnels@fin.gc.ca by June 17, 2022
bulletSubstantive CCPCs
bullet Deferring Tax Using Foreign Entities
bulletmeasures proposed to prevent taxpayers from "manipulating" the status of their corporations to avoid qualifying as a CCPC to achieve a tax-deferral advantage on investment income earned in their corporations
bulletSubstantive CCPCs earning and distributing investment income would be subject to the same anti-deferral and integration mechanisms as CCPCs with respect to such income.
bulletwould apply to taxation years that end on or after April 7, 2022
bulletDeferring Tax Using Foreign Resident Corporations
bulletre Foreign Accrual Property Income (FAPI) rules, which provide a tax-deferral advantage for CCPS and their individual shareholders earning passive investment income through non-resident corporations
bulletmeasures are proposed to eliminate this tax-deferral advantage
bulletwould apply to taxation years that begin on or after April 7, 2022

Sales and Excise Tax Measures

bulletGST/HST on Assignment Sales of Residential Housing by Individuals
bulletcurrently these sales may be taxable or exempt, depending on certain criteria
bulletproposal for Excise Tax Act amendments to make all assignment sales in respect of newly constructed or substantially renovated residential housing taxable for GST/HST purposes
bulletGST/HST would apply to total amount paid for a new home by its first occupant
bulletthese changes may affect the amount of a GST New Housing Rebate or of a new housing rebate in respect of the provincial component of the HST that may be available in respect of a new home
bulletwould apply in respect of any assignment agreement entered into on or after the day that is one month after April 7, 2022
bullet See the CRA GST/HST Notice 323 re Proposed GST/HST Treatment of Assignment Sales.
bulletTaxation of Vaping Products
bulletnew excise duty on vaping products
bulletwould come into force on October 1, 2022
bulletretailers may continue to sell until January 1, 2023 unstamped products that are in inventory as of October 1, 2022
bulletexclusions for vaping products already subject to the cannabis excise duty framework and those produced by individuals for their personal use
bulletduty-free importations of unstamped vaping products for personal use for travellers returning to Canada, for an absence of 48 hours or more, for up to 12 vaping products with a total volume being imported of up to 120 ml.
bulletCannabis Taxation Framework and General Administration under the Excise Act, 2001
bulletproposal to allow licensed cannabis producers to remit excise duties on a quarterly rather than month basis, starting from the quarter that began on April 1, 2022, for licensees required to remit less than a total of $1M in excise duties during the four fiscal quarters immediately preceding that fiscal quarter
bulletproposals for other technical amendments; changes to penalties for lost excise stamps; changes to licences
bullet100% Canadian Wine Exemption from Excise Duties
bulletas per agreement with the World Trade Organization (WTO), the excise duty exemption for wine that is produced in Canada and composed wholly of agricultural or plant product grown in Canada
bulletwould come into force on June 30, 2022
bulletBeer Taxation
bulletproposal to eliminate excise duty for beer containing no more than 0.5% alcohol by volume (ABV), bringing the tax treatment of such beer into line with the treatment of wine and spirits with the same alcohol content
bulletwould come into force on July 1, 2022

Other Tax Measures

Amendments to the Nisga'a Final Agreement Act to Advance Tax Measures in the Nisga'a Nation Taxation Agreement

bulletproposal to amend the Nisga'a Final Agreement Act to provide force-of-law to all provisions of the Nisga'a Nation Taxation Agreement
bulletincludes a forthcoming amendment with respect to an income tax exemption for amounts received by citizens of the Nisga'a Nation from a registered pension plan to the extent that the employment on which the pension amounts are based was itself exempt from tax

For more complete information, see Tax Measures: Supplementary Information.  We've also saved a pdf of the Tax Measures Supplementary Information.

Revised: October 26, 2023

 

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