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Barn boss a referee and coach - The Western Producer

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MONEY IN YOUR POCKET<br />

GRANT DIAMOND<br />

Governments have consistently<br />

lowered taxes over the<br />

last several years for business<br />

in general but especially for small<br />

business.<br />

It was intended to provide a stimulus<br />

for business <strong>and</strong> employment<br />

growth in this important sector of the<br />

economy.<br />

However, to a certain degree, the<br />

Small Business Deduction (SBD)<br />

also worked to stimulate a large<br />

increase in the number of small<br />

Canadian corporations that file their<br />

taxes under SBD rates.<br />

About 30 years ago, the government<br />

started clamping down on what it<br />

called Personal Service Businesses<br />

(PSBs) masquerading as small Canadian<br />

corporations.<br />

Generally speaking, the Canada<br />

Revenue Agency considers a person<br />

operating a business to be a PSB corporation<br />

if that person provides services<br />

to a client corporation that<br />

would normally be provided in the<br />

same manner if the person was an<br />

employee of the client corporation.<br />

<strong>The</strong> term “incorporated employee”<br />

is frequently used to describe this<br />

situation.<br />

What concerned the government<br />

was the loss of higher–taxed, salaried<br />

employees to lower taxed corporations.<br />

<strong>The</strong> government appears<br />

to be rethinking the strategy, or at<br />

least attempting to stem the loss of<br />

tax dollars as a result of this favoured<br />

treatment.<br />

<strong>The</strong> federal finance department<br />

AGFINANCE<br />

TAX ASSESSMENT | DEFINING PERSONAL SERVICES<br />

Small business deductions complex<br />

CHICAGO, Ill. (Reuters) — CHS<br />

Inc. saw quarterly earnings jump 75<br />

percent from a year ago, boosted by<br />

strong commodity prices <strong>and</strong> a<br />

global network of facilities.<br />

<strong>The</strong> Minnesota-based company,<br />

the largest farm co-operative in the<br />

United States, is making initial<br />

investments in Canada’s grain<br />

industry.<br />

It reported net income of $360.9<br />

million for its fiscal fourth quarter<br />

ending Aug. 31, up from $206.5 million<br />

a year earlier.<br />

Net income for the fiscal year ending<br />

Aug. 31 reached $1.26 billion, up<br />

31 percent from the previous year. It<br />

was the first time a U.S. agricultural<br />

co-op surpassed $1 billion in annual<br />

earnings, according to CHS.<br />

<strong>The</strong> co-op joined bigger rivals<br />

Cargill Inc. <strong>and</strong> Bunge Ltd., two of<br />

the world’s largest agricultural trading<br />

houses, in attributing solid<br />

results to networks of employees<br />

<strong>and</strong> facilities.<br />

Last month, Bunge said it doubled<br />

quarterly profits by mobilizing its<br />

global grain network to supply customers<br />

hit by the worst U.S drought in<br />

Corporations providing personal<br />

services might attract an audit. |<br />

FILE PHOTO<br />

recognized this threat to government<br />

revenue <strong>and</strong> acted to remove the SBD<br />

<strong>and</strong> the ability to claim most ordinary<br />

expenses from companies that the<br />

CRA determines are actually PSBs.<br />

<strong>The</strong> lowering of the general business<br />

tax rates over the last several<br />

years <strong>and</strong> the introduction of new tax<br />

rules in 2006 that were more<br />

favourable to PSB corporations have<br />

essentially taken some of the sting<br />

out of measures designed to curb the<br />

proliferation of PSBs.<br />

<strong>The</strong> CRA began putting significant<br />

audit pressure on small incorporated<br />

businesses to curb the incidence of<br />

companies providing personal services<br />

but claiming the SBD. It recently<br />

performed more than 200 audits<br />

<strong>and</strong> determined that almost half<br />

were actually PSBs. Information<br />

technology (IT) consulting <strong>and</strong> contracting<br />

businesses have been a particular<br />

target.<br />

Here is an example I recently<br />

encountered of how this could affect<br />

farm businesses.<br />

A husb<strong>and</strong> <strong>and</strong> a spouse each have<br />

an active corporation that is subject<br />

to the SBD. <strong>The</strong> husb<strong>and</strong>’s corporation<br />

operates the farm while the<br />

wife’s corporation provides IT <strong>and</strong><br />

computer consulting services. She<br />

also works on the farm.<br />

In the past, work conducted by the<br />

CO-OP | FINANCIAL RESULTS<br />

Record profit for CHS Inc.<br />

more than 50 years. Cargill’s quarterly<br />

earnings more than quadrupled<br />

from a year earlier.<br />

“<strong>The</strong> strength of our diverse CHS<br />

business portfolio, along with a<br />

strong domestic <strong>and</strong> global footprint,<br />

combined in fiscal 2012 to allow us to<br />

successfully navigate continued<br />

market volatility,” said CHS president<br />

Carl Casale.<br />

CHS is owned by 350,000 farmers<br />

<strong>and</strong> ranchers, either directly or indirectly<br />

through 1,100 smaller co-ops.<br />

Owners of CHS stock, which is traded<br />

on Nasdaq, are non-voting shareholders.<br />

CHS bought Alberta farm retail<br />

supplier DynAgra Corp. in September<br />

<strong>and</strong> opened a small grain marketing<br />

office in Winnipeg last year<br />

Also in September, CHS Inc.<br />

announced plans to build a $1 billion<br />

nitrogen fertilizer plant in Spiritwood,<br />

N.D., to open in the last half of<br />

2016.<br />

<strong>The</strong> company supplies energy, crop<br />

nutrients, grain, livestock feed, food<br />

<strong>and</strong> food ingredients as well as insurance,<br />

financial <strong>and</strong> risk-management<br />

services.<br />

spouse on farm-related activities was<br />

paid as salary <strong>and</strong> an accompanying<br />

T4 slip was provided. This would<br />

then be taxed at the marginal tax rate<br />

applicable to the spouse, which<br />

invariably would be higher than the<br />

SBD tax rate.<br />

<strong>The</strong> question then is, would it not<br />

be more favourable tax wise for the<br />

spouse’s corporation to invoice the<br />

husb<strong>and</strong>’s corporation for work done<br />

<strong>and</strong> thus be taxed under SBD rates?<br />

<strong>The</strong> problem is that the work done<br />

for the husb<strong>and</strong>’s corporation would<br />

be considered as work provided by a<br />

PSB. Claiming it under SBD rates<br />

would almost certainly attract an<br />

audit <strong>and</strong> reassessment by the CRA.<br />

Grant Diamond is a tax analyst in Kelowna,<br />

B.C. with FBC, a company that specializes in<br />

farm tax. Contact: fbc@fbc.ca or 800-265-<br />

1002.<br />

THE WESTERN PRODUCER | WWW.PRODUCER.COM | NOVEMBER 22, 2012<br />

VITERRA SALE | CHINESE APPROVAL<br />

China OK not tied to Nexen: Ritz<br />

CHICAGO, Ill. (Reuters) — Federal<br />

agriculture minister Gerry Ritz<br />

doesn’t think China’s review of<br />

Glencore’s takeover of Viterra under<br />

its anti-monopoly law is tied to<br />

Canada approving a Chinese takeover<br />

of a Canadian oil company.<br />

<strong>The</strong> review by China’s commerce<br />

ministry, which could take until<br />

Dec. 10, is the final regulatory hurdle<br />

for Glencore International PLC’s<br />

$6.1 billion takeover of Viterra Inc.<br />

China is also waiting to hear if<br />

Canada will approve state-owned<br />

CNOOC’s $15.1 billion takeover of<br />

Nexen. Dec. 10 is Canada’s deadline<br />

to rule on that transaction.<br />

“<strong>The</strong>y’re treating these very differently,<br />

which of course they are,” Ritz<br />

said. “One is an investment into<br />

their country, predicated on what<br />

Glencore will do into the future. <strong>The</strong><br />

other is an investment into Canada.”<br />

MIKE WILSON<br />

AGRIUM<br />

85<br />

If the Chinese approval comes in<br />

December, Agrium Inc. expects to<br />

close its $575 million purchase of<br />

Viterra farm retail stores in the first<br />

quarter of 2013, Agrium chief executive<br />

officer Mike Wilson said.<br />

Assuming the Glencore-Viterra<br />

deal closes as scheduled, Agrium<br />

will file for a review by Canada’s<br />

Competition Bureau in late December<br />

<strong>and</strong> hopes to close the deal late<br />

in the first quarter. Agrium would get<br />

232 Canadian farm retail outlets as<br />

well as 17 stores in Australia.<br />

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