Biased Tax Treatment
Author:
Tanis Fiss
2003/03/05
Halaw Management Group - which is based in British Columbia and handles native band funds - has publicly stated that it will bid for the Corel Centre (home of the Ottawa Senators) in western Ottawa. The fact that a native band is attempting to buy real estate is not an issue. What is an issue is that Halaw Management Group will probably petition the federal government to turn the Corel Centre into an "urban reserve", thereby providing the owners of the building with a plethora of tax benefits - not available to non-native land owners.
An urban reserve is commercial land purchased by a native band in which the land then becomes designated as part of their reserve - regardless of where the land is located. Once urban reserve status has been achieved, the property is subject to all the provisions contained within the Indian Act, such as freedom from taxation. Urban reserves create two problems.
Unfair competition is the first. True, native bands negotiate an agreement with municipalities to pay fees for services - such as sidewalk and road maintenance - in lieu of the regular property taxes.
However, Native Canadians working on urban reserves do not pay income tax, so businesses can pay lower wages without the workers losing any take-home pay. Furthermore, a native-owned business would not have to pay taxes for goods and supplies delivered to their shop located on reserve land.
Native-owned businesses, native workers, and businesses operating in partnership with urban reserves have a clear and unreasonable advantage over the competition.
Obviously, the tax breaks would help the "new" owners of the Corel Centre reduce costs. But most of us realize there is no such thing as a free lunch, someone has to pick up the tab.
In fact, the citizens of Ottawa and the province will have to pick up the tab of approximately $700,000 per year in property tax revenue currently generated from Corel Centre. And, let's not forget the tax revenues lost due to tax breaks on labour and merchandise. That means less money in the treasury which may result in higher taxes for the rest of us.
The second problem of urban reserves is once land is designated as an urban reserve land, it can no longer be disposed of without a majority band vote. Similar to other reserve land, it can only be transferred to the Crown. In the future, this restriction could be tough to swallow for a band investing in the fluid urban land market.
The tax exemption now provided for Native Canadians living and working on reserves and native owned businesses operating on reserves are a provision contained within the Indian Act not the Canadian Constitution. It is time to phase out the freedom from taxation the Indian Act provides.
For years the Canadian Taxpayers Federation has advocated for lower taxes as a way to spur economic growth. But, the CTF is opposed to tax reductions or exemptions which are applied only to one group, at the expense of other Canadians. It is time to stop treating Canadians differently. To ensure equality for individuals and businesses, tax exemptions must be based on income, not ethnicity.
It is very important Native Canadians enter the mainstream of Canada's economy. Viable business ventures are one way to achieve this. In a free market system, all players must be on an equal footing. Unfair competitive advantages, such as tax breaks, disrupt the system by off-loading the tax burden to other citizens and businesses.