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Bill S-243

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First Session, Forty-second Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

SENATE OF CANADA

BILL S-243
An Act to amend the Canada Revenue Agency Act (reporting on unpaid income tax)

FIRST READING, November 22, 2017

THE HONOURABLE SENATOR Downe

4211311


SUMMARY

This enactment amends the Canada Revenue Agency Act to require the Canada Revenue Agency to report on all convictions for tax evasion, including international tax evasion, and on the tax gap in the annual report it submits to the Minister of National Revenue for tabling in Parliament. It also requires the Minister to provide data on the tax gap to the Parliamentary Budget Officer.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 42nd Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

SENATE OF CANADA

BILL S-243

An Act to amend the Canada Revenue Agency Act (reporting on unpaid income tax)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada enacts as follows:

Alternate Title

Alternate title

1This Act may be cited as the Fairness for All Canadian Taxpayers Act (measuring the tax gap to fight international tax evasion).

1999, c. 17

Canada Revenue Agency Act

2Subsection 88(2) of the Canada Revenue Agency Act is amended by adding the following after paragraph (c):

  • Start of inserted block

    (c.‍1)a detailed list of all convictions for tax evasion, including a separate list for international tax evasion;

  • (c.‍2)the statistics on the tax gap compiled and analyzed on behalf of the Minister under subsection 88.‍1(2);

    End of inserted block

3The Act is amended by adding the following after section 88:

Definition of tax gap

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88.‍1(1)In this section, tax gap means the sum of the amount of taxes that should have been assessed under the Income Tax Act on undeclared income plus the difference between the amount of taxes assessed under that Act and the amount of taxes collected. The calculation of the tax gap is to be based on, among other things, an estimate of

  • (a)the value of reassessments as a result of the audits of income tax returns of taxpayers, including individuals, corporations and trusts, in respect of their relevant sources of income, including employment, capital gains, dividends and interest;

  • (b)the possibility of collecting additional revenue resulting from such reassessments;

  • (c)the rate, established through audits, of incorrect income tax returns that were not detected before assessment; and

  • (d)uncollected tax resulting from the non-compliance of a reporting entity with the requirement to report specified foreign property under section 233.‍3 of the Income Tax Act.

    End of inserted block

Statistics on the tax gap

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(2)The Minister shall, on an annual basis, collect, compile, analyze and abstract statistics on the tax gap in respect of taxpayers, including individuals, corporations — segmented by size — and trusts resident in Canada.

End of inserted block

Parliamentary Budget Officer

Start of inserted block

(3)The Minister shall provide the Parliamentary Budget Officer with the data on the tax gap collected and compiled under subsection (2) and any additional data that the Parliamentary Budget Officer considers relevant to conducting a further analysis of the tax gap.

End of inserted block

Exception

Start of inserted block

(4)Subsection 79.‍4(2) and sections 79.‍41 to 79.‍5 of the Parliament of Canada Act apply, with any necessary modifications, to the data referred to in subsection (3) as if that data were information requested under subsection 79.‍4(1) of that Act.

End of inserted block
Published under authority of the Senate of Canada



EXPLANATORY NOTES

Canada Revenue Agency Act
Clause 2:Relevant portion of subsection 88(2):
Form and contents

(2)The annual report must include

  • . . .

Clause 3:New.

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