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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.

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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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A Middle Finger to Carney’s Elbows Up

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Benjamin J. Dichter's avatar Benjamin J. Dichter

Elbows Up Stengthens U.S. Tariff Resolve at Canada’s Expense

The disastrously misguided “Elbows Up” campaign championed by the Carney government rooted in the fantasy that a smug, arrogant Liberal elite wields leverage over the largest economy in human history, has suffered yet another devastating blow. The latest fallout: U.S.-based truck manufacturer Paccar Inc., maker of iconic heavyweights such as Kenworth and Peterbilt, is slashing Canadian production and laying off hundreds of workers in anticipation of a 25-per-cent U.S. import tariff set to take effect next month.

Employees at Paccar’s Sainte-Thérèse, Quebec plant were informed Wednesday that the company will move production of trucks destined for the U.S. market back to its American facilities. According to Daniel Cloutier, Quebec director for Unifor, approximately 300 jobs will be eliminated, leaving roughly 500 workers at the plant.

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“They will continue building trucks for the Canadian market,” Cloutier said, noting that domestic demand represents a much smaller portion of output. At its peak, the plant produced 96 trucks per day; production will now drop to just 18 units daily. That is an 81% drop.

Paccar declined to confirm the restructuring or provide additional details. However, in a financial earnings call a day earlier, CEO Preston Feight described the U.S. tariff policy as advantageous for the company. “I think it helps Paccar significantly,” Feight said. “It gives us a competitive leg up from where we’ve been.”

U.S. Tariffs Driving Industry Shift

U.S. President Donald Trump has confirmed that all medium and heavy-duty trucks imported into the United States will face a 25-per-cent tariff beginning Nov. 1, along with an additional 10-per-cent duty on buses. The tariffs are being imposed under Section 232 of the Trade Expansion Act, which targets imports deemed to pose a national security risk.

These measures follow earlier tariffs that have already struck Canadian steel, aluminum, automobiles, copper, and lumber, forcing companies to shelve investments and reconsider their North American strategies.

Broader Auto Sector Retrenchment

Other automakers are also pulling back production in Canada. General Motors announced Tuesday it is ending production of the Chevrolet BrightDrop electric delivery van in Ingersoll, Ontario, costing over 1,100 workers their jobs. Stellantis recently confirmed plans to shift production of the Jeep Compass from Brampton, Ontario, to Belvidere, Illinois, as part of a strategy to increase U.S. output by 50 per cent by 2029.

Quebec Plant at Risk

The Sainte-Thérèse plant, which manufactures Class 5, 6 and 7 Kenworth and Peterbilt trucks, has already endured two rounds of layoffs over the past year as uncertainty around tariffs weakened demand. At peak production, the facility employed over 1,400 people.

Cloutier said the union is pressing both the Quebec and federal governments to prioritize the purchase of domestically made vehicles to sustain production levels. Without such measures, he warned, the plant could be forced to close due to high fixed costs and insufficient volume. “Let’s not pretend global trade hasn’t changed with this President,” Cloutier said. “We need to stop twiddling our thumbs.”

Bus Manufacturers Also Exposed

Quebec is also home to two major bus manufacturers, Prevost and Nova Bus, both owned by Volvo Group that could face similar challenges due to new tariffs on buses entering the U.S. Executives at both companies say they are still assessing the impact of the policy shift.

What can we learn from all this?

Perhaps our deep reliance on American innovation has consequences we have been unwilling to confront. The warning signs were evident well before Donald Trump’s election. He was explicit that tariffs would be used as a strategic tool to financially incentivize American companies to return to the United States. This was not hidden, it was a core pillar of his economic agenda.

I have said repeatedly on the Marc Patrone Show on Sauga 960 that my frustration is not with America’s strategy, but with Canada’s political class. Their smug arrogance lies in the belief that, as great as Canada can be, we could somehow dominate the greatest economy in the history of civilization rather than work with it. The Trump administration never wanted Canada to become the 51st state; they want our valuable resources and are willing to pay fair value for them, and they expect Canada to finally take our internal security threats seriously; something I have personally presented on in the United States. Yet instead of leveraging our strategic position, Canada’s leadership chose performative resistance over pragmatic partnership.

The most telling moment came when President Trump reportedly asked Justin Trudeau what would happen if the United States imposed a 25-per-cent tariff on all Canadian goods. Trudeau’s response, “It would destroy Canada” was an example of catastrophic stupidity. It handed Trump the gun he could use to execute Canada economically and perhaps cost Canada its sovereignty over the long term.

Reminiscent of the scene from The Hunt for Red October, when Captain Tupolev, in an act of smug Laurentian style arrogance, fires a torpedo at Ramius only for it to circle back and destroy his own submarine, a catastrophic miscalculation born of arrogance and a complete misunderstanding of the enemy’s capabilities. A catastrophic miscalculation that mirrors Elbows Up stupidity.


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Liberals backtrack on bill banning large cash gifts, allowing police to search Canadians’ mail

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From LifeSiteNews

By Anthony Murdoch

The JCCF warned that Canada will be a “police state by Christmas” if lawmakers pass three new bills introduced by the federal Liberal government of Prime Minister Mark Carney, Bill C-2, C8, and C-9.

The Canadian federal Liberal government now says after a public outcry it will rewrite portions of a bill that not only would permit police and government officials to open and examine Canadians’ personal mail but would also ban cash donations over $10,000.

Earlier this week, Public Safety Minister Gary Anandasangaree acknowledged significant shortfalls in Bill C-2, known as An Act Respecting Certain Measures Relating to the Security of the Border.

Anandasangaree said before Canada’s Senate national security committee, “We realize the consensus on what lawful access is, is not captured right now in C-2.”

He then said he had “talked to some civil rights experts” and that the bill would be amended.

As reported by LifeSiteNews, the bill has been blasted by Canada’s top constitutional experts as a “step towards tyranny” as it would impact Canadians’ charter rights as written.

As written, Bill C-2 lets police, without a warrant, conduct searches of telecom databases solely on “reasonable grounds to believe the computer data will afford evidence with respect to the commission of an offence.”

Bill C-2 was introduced on June 3 by Anandasangaree.

The legislation reads, “Part 11 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to prohibit certain entities from accepting cash deposits from third parties and certain persons or entities from accepting cash payments, donations or deposits of $10,000 or more.”.

The bill will also permit police and government officials to open and examine Canadians’ personal mail.

“The words used to me, very respectfully, were concerns around Canada becoming a ‘police state,’ and I’ll just quote that, and real concerns around privacy and rights,” she said.

She asked Anandasangaree directly, “What would you say to my constituent?”

He replied, “The area where someone may say this is about a police state is a notion I would really ask people to reflect on.”

“Maybe C-2 as written may not capture, I think, the true intent of what’s called lawful access.”

He then said, “My response to you would be, it is not an option not to have a lawful access regime in Canada,” adding, “It is a primary need for law enforcement.”

Despite promising changes to the bill, Anandasangaree said it could be fixed “in a manner that doesn’t appear to trample on individuals’ civil liberties.”

The Justice Centre for Constitutional Freedoms (JCCF) has warned that buried deep within Bill C-2 are “provisions that would make it a criminal offence for businesses, professionals, and charities to accept cash payments of $10,000 or more in a single transaction or in a series of related transactions.”

“Restricting the use of cash is a dangerous step towards tyranny,” JCCF president John Carpay said.

Anandasangaree made no mention whether the cash donations’ part of the bill would be amended or removed.

The JCCF, as reported by LifeSiteNews, warned that Canada will be a “police state by Christmas” if lawmakers pass three new bills introduced by the federal Liberal government of Prime Minister Mark Carney, Bill C-2, C-8, and C-9.

The Liberal government under former Prime Minister Justin Trudeau has gone after Canadians’ bank accounts before. In 2022, it froze the bank accounts of those who donated to the Freedom Convoy against COVID mandates.

As for Carney, he has globalist ties and was called the World Economic Forum’s “golden boy” by CPC leader Pierre Poilievre. Carney has also admitted he is an “elitist” and a “globalist.”

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