Issue:
The Canada
Revenue Agency (CRA) has identified that First Nations post-secondary
(PSE) funding must be reported by recipients as income for the purpose
of tax assessment, beginning in January 2005.
Background
The Chiefs of Ontario were first made aware
of the CRA position through correspondence provided by the KPMG auditing
firm to two First Nations. The correspondence advised that “to
KPMG's knowledge the Canada Revenue Agency (CRA) is of the opinion
that PSE funding to students is taxable income, however CRA is choosing
not to act on this position at the moment.” CRA subsequently
issued a one year moratorium on reporting PSSSP funding. This moratorium
expires in January, 2006.
COO resolutions against PSSSP taxation have been implemented.
Correspondence has been issued to a number of levels of the federal
government and the COO position has been raised in numerous education
forums including, but not limited to, the National Roundtable on
Lifelong Learning, the AFN-INAC joint working group on Post-secondary
Education, and the National Working Group on Education for the
First Ministers Meeting. COO correspondence to the Prime Minister
in February, 2005 has not been answered.
Current Status/Analysis
A briefing to the AFN
Executive in preparation for the May 31, 2005 Cabinet Committee
retreat with leaders of five National Aboriginal Organizations
suggested that the Prime Minister was expected to announce that
the taxation of First Nations post-secondary funding would not
proceed. However, this did not occur. During the course of a national
policy convention for the Liberal Party of Canada, the Minister
of Indian Affairs was quoted in media reports to the effect that
the government was reconsidering its position on taxation of PSE
funding. As of the writing of this note, First Nations post-secondary
funding will be considered taxable income as of January, 2006.
Next Steps
First Nations – Crown relationships
in all major sector areas are currently the subject of negotiations
between the Assembly of First Nations and the Government of Canada,
both in the process leading up to the Cabinet Committee retreat
and in a proposed First Ministers Meeting on Aboriginal Issues
currently scheduled for November 2005.
The Ontario Chiefs in Assembly must ensure that scrapping the
PSE taxation initiative is a priority in the continuing negotiations
between the AFN and the Government of Canada.
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