Monday, June 28, 2021

But Is There A Will?

I was reading Owen's blog yesterday, in which he cites Robin Sears' view that, as Britain did during WW11, Canada needs to build back better post-pandemic. 

I am a skeptic as to the prospects of that happening. Here is the comment I made:

What I notice most about our current federal government, Owen, is their almost endless capacity for saying the right things, but the enacting of these aspirations seems mired in inertia. Any chance of 'building back better' would surely require a change in the taxation regime, but I don't hold my breath about that one. I read recently, for example, that despite large infusions of cash, the CRA has not prosecuted even one large tax evader, although they have called in a couple of them for 'a good talking to.'

I went back to the article and decided it merits further examination. It offers a devastating indictment, not only of the agency, but, implicitly, the government ethos it is reflecting.

Data from the Canada Revenue Agency shows its recent efforts to combat tax evasion by the super-rich have resulted in zero prosecutions or convictions.

In response to a question tabled in Parliament by NDP MP Matthew Green, the CRA said it referred 44 cases on individuals whose net worth topped $50 million to its criminal investigations program since 2015.

Only two of those cases proceeded to federal prosecutors, with no charges laid afterward.

The lack of prosecutions follows more than 6,770 audits of ultra-wealthy Canadians over the past six years.

It also comes amid a roughly 3,000 per cent increase in spending on the agency’s high-net-worth compliance program between 2015 and 2019 due to a beefed-up workforce, according to an October report from the parliamentary budget officer.

I believe, as does Matthew Green, that there are free passes for the rich, and severe penalties for the rest of us:

“The CRA is not pursuing Canada’s largest and most egregious tax cheats. And yet for a small mom-and-pop shop, if you don’t pay your taxes long enough — two or three years — then they will absolutely go in and garnish your wages … because they know you don’t have the ability to take it to court,“ he said.

To be fair, there is some validity in the claim that the wealthy have all manner of resources to try to thwart the CRA. Says National Revenue Minister Diane Lebouthillier,

“The super-wealthy are able to pay for super lawyers, super tax specialists. They can do everything to get out of paying their fair share.”

Increasingly, those individuals are going to court when audited in order to withhold documents, with about 3,000 “complex” cases now ongoing, the minister said.

However, the fact that other jurisdictions have been quite successful in their pursuits of the rich suggests that  Lebouthillier's explanation holds only limited water.

And it appears that Canada prefers a less costly, gentler, more accommodating strategy: 

Settlements are much more common than criminal prosecutions, saving investigators time and money, said Kevin Comeau, author of a 2019 C.D. Howe report on money laundering.

“The problem with that is that you don’t have on the public record that these persons did not comply with the tax law. And therefore you don’t have that public shaming and you don’t have that warning to other tax cheats out there,” he said.

But the problem will not go away, and needs to be addressed as quickly and as tenaciously as possible:

… critics say the vast troves of wealth that remain untouchable to government authorities reveal the need to tighten tax rules as well as hunt down cheats.

“In former times we didn’t see tax avoidance as a crime,“ said Brigitte Unger, professor of economics at Utrecht University whose book, ”Combating Fiscal Fraud and Empowering Regulators,“ was published in March.

“But now we see the public sector needs money, and this is effectively stealing money from public coffers, and should be treated as such.” 

As I said at the start of this post, I, for one, will not be holding my breath awaiting remediation from a government that is far, far too cozy with the moneyed class. 

8 comments:

  1. An accountant I know who worked for RevCan told me back in the the mid-'80s that our system was efficient because of our degree of "voluntary compliance". The complexity increasingly introduced by the path that Mulroney took would eventually kill it. It was part of the payoff he owed the libertarians for helping him get the job. My buddy also told me more than one time that the guys who ran the system were power-seeking autocratic assholes - obviously not so able to fulfill the personation when up against their counterparts in the private sector. I wonder if there are as many revolving doors visible from their office space as there are over at the CRTC.

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    1. A good question, John. My feeling is that if there is sufficient will on the part of the government, there are ways to collect more of these evaded or avoided taxes. That government sets the tone was amply demonstrated during the Harper era, when NGOs that were critical of his policies (the David Suzuki Foundation comes readily to mind) received unwanted attention from the CRA. With the Trudeau government, that the Prime Minister and so many of his cabinet members run in pretty rarified moneyed and corporate circles suggests a reason the CRA is so ineffective in recouping lost revenue compared to other countries.

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  2. As I understand it, senior CRA officials are known to get their government pensions in order and then jump ship to their "reward" in the private sector. I assume that door isn't open to those who make waves.

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    1. Clearly, their definition of public service is different from mine and yours, Mound.

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  3. Linda McQuaig's first big book was "Behind Closed Doors" about how the rich didn't pay their taxes. From way back in 1988.

    I won't happen with either the Liberals or the Conservatives (nor the NDP probably) but any government that put all the resources necessary to bring one super-wealthy scofflaw to justice and then take them for everything the existing legal system could dish out, and make that person an example for the others.

    "Every year we will draw the name of one of you scumbags at random and make every effort to destroy you."

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    1. Some solid examples would serve the public well, thwap. Right now, it seems our public officials and government are serving only the extremely wealthy.

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  4. Sara-Anne PetersonJuly 15, 2021 at 12:40 PM

    A message we need to hear much more often.

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    1. Until we can restore true progressive taxation and aggressively pursue the moneyed for taxes owed, Sara-Anne, little can be accomplished.

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