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Indian Court Case Opens Door for Tax Dodge Schemes

Author: Richard Truscott 1999/07/12
If a recent court ruling stands, Indians living anywhere in Canada may be able to avoid paying income taxes. Under the Indian Act, income earned on reserves by Indians living on reserves has been tax-exempt, but off-reserve Indians are taxed like everybody else. Now a federal court judge has said that Indians living and working off-reserve may also be income tax exempt. And other court cases are lined up to argue that Indians are exempt from taxation, period.

At issue is a scheme whereby off-reserve Indians work "on contract", their salaries paid through a reserve-based employment agency that "leases" their services to off-reserve employers. The specific court case involved Rachel Shilling, an Indian living in Toronto and working for a social service agency. Her $47,000 salary is funneled through an employment agency called Native Leasing Services on the Six Nations Grand River reserve. The judge concluded that, by having her salary come through a reserve-based company, Ms. Shilling could, as a status Indian, avoid paying any income tax.

Many taxpayers will be outraged by the legitimization of this tax dodge, the extension of race-based tax laws, and the basic unfairness to law-abiding, tax-paying Canadians. But let's look on the bright side. This case suggests several innovative strategies that might help all of us to avoid the taxman.

(Note to reader: the following is entirely tongue-in-cheek, and intended to show the absurdity of this court decision. Do not try this at home.)

Tax Dodge Strategy #1: Sign up with reserve-based employment agency to launder your income. Check family tree for native ancestry (optional).

Tax Dodge Strategy #2: As indicated by Judge Karen Shardlow, "the most important factor to take into account in determining the location of Ms. Shilling's employment is the location of her employer- Her employer is located on a reserve, which favours the conclusion that her employment income is located on the reserve."

So if you work in Saskatchewan for an Alberta or Ontario-based company, try paying Alberta or Ontario tax rates. Even better if you work for an American company, or a company based in one of those oil-rich countries where they don't pay any income taxes. Viva Kuwait!

Tax Dodge Strategy #3: Ms. Shilling argued that living and working on a reserve should not be prerequisites for a tax exemption. What should matter, she said, is whether she "maintains relationships with native people and to her native community," is an accepted member of her reserve, identifies herself as a native person and works for the benefit of natives.

Try claiming that you maintain relationships with Ontarians, are accepted as an Ontarian, identify yourself as an Ontarian, and work for the benefit of Ontarians (don't we all). Therefore, you should pay Ontario's lower tax rates.

Tax Dodge Strategy #4: Ms. Shilling argued that the requirement to live on a reserve to get the tax exemption "discriminates on the basis of where she lives" and therefore is in violation of equality before the law in the Charter of Rights and Freedoms.

Ergo, everyone in Saskatchewan is discriminated against because we don't live in Alberta with its lower tax rates. So instead of moving to Alberta, you can stay put and pay reduced Alberta taxes. You'll look as smug as any Lexus-driving Calgary oilman!

Tax Dodge Strategy #5: If you live in southern Saskatchewan, try claiming the Northern Tax Credit. No reason those fat cats in the bush should get preferred tax treatment just because they have more black flies.

The absurdity of it all! Our tax system should treat all Canadians equally and fairly.

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Franco Terrazzano
Federal Director at
Canadian Taxpayers
Federation

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