By Shirley Tillotson
This is the fourth in a five part theme week marking the centenary of income tax in Canada.
Here we are again. If you’ve studied history or lived a decade or two after forty, you’ve noticed that some battles are fought over and over and over again. Those repetitive, “I can’t believe we’re still debating this!” struggles mark itchy, scratchy places in our society, the places where the imperatives of institutions and “common sense,” markets and human needs contradict each other. So “same old, same old” really means “this is hot stuff.” In the history of the income tax, much of the hot stuff shows up around family. And sure enough, family matters appear in the federal government’s current proposals to make income taxation more fair. One aspect of the Morneau proposals targets the use of the breadwinner / homemaker / children family as a tax dodge. Or, to be less provocative, one might say the proposals target the use of one kind of family as a means to minimize tax, perfectly legal. Opposition MP Michelle Rempel moans, how can a government “change the rules” and call the change “fair”? Is the finance minister calling people who follow the rules “crooks”?
Amid all this heat, a bit of tax history might be calming. The distinction between what is avoidance – legal – and what is evasion – illegal – has changed before, and will no doubt change again. Rempel presents herself as defending law-abiding folk who face the shutting down of ordinary good business practices, ways of saving and spending that are both legitimate and socially useful. But those practices are not natural rights. They are more like tactics in a sport. They are merely ways of using current law to the taxpayer’s best advantage: tax avoidance practices, also called tax planning. As the world changes, so may tax law, in the future as it has in the past. The boundary between avoidance and evasion is historical, driven by events and our responses to them. Continue reading