Taxation of Canadian
Cooperatives
As a corporation, a cooperative is subject
to both federal and provincial income tax on its taxable income.
In most instances a cooperative will qualify for a special low tax rate
on its first $200,000 of income. If the cooperative has taxable income
greater than $200,000 it will pay a higher rate of tax on such excess.
Patronage dividends
The Income Tax Act (Canada) permits
cooperatives to deduct any amounts declared as patronage dividends from
its calculation of its taxable income. The payment of patronage dividends
will both reduce the cooperative’s taxable income and its liability for
income tax. A cooperative which deals only with its members has an
opportunity to reduce or eliminate its taxable income in a given year.
Definition of a Patronage Dividend Payment
A patronage dividend represents a
payment that has been allocated to a customer according to the proportion
of business that he or she has conducted with the cooperative during the
year. In order to deduct patronage dividends, the cooperative must
allocate dividend payments at the same rate to all customers who conducted
the same level of business with the cooperative. In other words,
preferential treatment cannot be given to one group of members over another.
In cases where the cooperative deals with several different types of goods
or goods that vary in terms such as quality, then different rates may apply
to reflect these differences. If the cooperative conducts business
with non-members and they either do not receive patronage dividend payments,
or receive payments at a different rate than members, then limitations
are placed on the amount of patronage dividends that the cooperative may
deduct when computing its taxable income.
What constitutes a payment of a patronage
dividend?
The Income Tax Act allows for some
flexibility in what actually represents a “payment” of a patronage dividend.
Patronage payments may be carried out in a variety of ways. For instance,
payments may be made in the form of cash, or by crediting a member’s equity
account in the cooperative. Regardless of what form the payment takes,
the recipient of the patronage dividend must include it as part of his
income for that taxation year. Thus, in the case where the member
receives a patronage dividend in the form of a credit to his equity account
in the cooperative, the member is still responsible to include that dividend
as part of his personal income in that year, even though he may not receive
the cash equivalent of the dividend for several years. The cooperative
is required to withhold a tax of 15 percent on individual patronage payments
in excess of $100 and submit this amount to the Receiver General on the
customer’s behalf.
In the case of a new generation cooperative,
if the cooperative makes patronage dividend payments to its members, then
the cooperative may deduct these payments when computing its income for
tax purposes. The members of the new generation cooperative will
be required to include these patronage dividends in their individual incomes.
This look at cooperative taxation is by
no means exhaustive: as with corporate taxation, Canadian cooperative taxation
can be quite complex. A tax professional should be consulted when
dealing with taxation issues.
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Sources:
Corman, Jeff and Murray Fulton. 1989. Patronage
allocation, growth, and member well-being in co-operatives. Occasional
paper series 89.01. Centre for the Study of Co-operatives: University of
Saskatchewan.
Income Tax Act, R.S.C. 1985 (5th
supp.) c. 1, as amended. Consolidated to July 20, 1998.
Ish, Daniel. 1981. The Law of Canadian
Co-operatives. Toronto: Burroughs and Company.