HomeMy WebLinkAboutFCS-12-169 - Council's One-Third Tax Remuneration - Municipal A~'
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REPORT TO:
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Finance and torparate Services Department
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DATE OF MEETING:
SUBMITTED BY:
PREPARED BY
WARD(S) INVOLVED:
DATE OF REPORT:
REPORT NO.:
SUBJECT:
RECOMMENDATION:
Finance & Corporate Services Committee
November 5, 2012
Randy Gosse, Director of Legislated Services & City Clerk
Colin Goodeve, Supervisor, Legislated Services 741-2278
All
October 1, 2012
FCS-12-169
COUNCIL'S ONE-THIRD TAX FREE REMUNERATION -
MUNICIPALACT, 2001
That pursuant to Section 283 of the Ontario Municipal Act, 2001 (the Act), one-third of the
remuneration paid to the elected members of Kitchener City Council continue as
expenses incident to the discharge of their duties as members of the Council.
BACKGROUND:
Under the previous Municipal Act (1990), Kitchener City Council passed a resolution on July 2,
2002 to provide that one-third of the remuneration paid to the elected members of Council and
local boards be considered as expenses incidental to the discharge of their duties as members.
Section 283 of the Municipal Act, 2001 (the Act) provides that Council can pass a resolution that
one-third of the remuneration paid to its members may continue to be deemed to be the
reimbursement of expenses for the purpose of the Income Tax Act; and therefore, not taxable.
REPORT:
Pursuant to Section 283(7) of the Act, on or after December 1, 2003, Council is required at least
once during each term of office, to review, at a public meeting, whether it wishes to continue the
one-third tax free remuneration. In July 2005 and June 2007, previous Councils passed
comparable resolutions confirming the continuance of this practice. If this Council wishes to
continue to have one-third of its remuneration treated as a reimbursement of expenses beyond
the current term, then it must pass a resolution of the nature set out herein.
Should Council decide to discontinue the one-third tax free allowance and change the Mayor
and Councillors' compensation to be fully taxable, then in accordance with Section 283(6), the
original resolution from July 2002 would have to be repealed. If Council elects to end the one-
third allowance, the Act stipulates that it cannot be re-instated in the future.
It should be noted that the current one-third tax provision does not negatively affect the City; in
fact, there is a relatively small positive financial impact. The taxable earnings for members of
Council are currently reduced by one-third and as such, the amount of C.P.P. contributed by
each member is reduced accordingly. The City as an employer, must match any C.P.P.
contributions; therefore, a reduction in contributions paid by Councillors results in a savings due
to the lower contributions that have to be paid by the City.
7-1
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This report falls within the Efficient and Effective Government foundation area of the Strategic
Plan.
FINANCIAL IMPLICATIONS:
The following outlines the three options and financial impacts related to maintaining the tax free
status, and the additional salary and benefits costs associated with converting Council's
remuneration to 100% taxable while maintaining the same net pay (after tax):
Option 1 -Continuation of the One-Third Allowance
The continuation of the one-third allowance for Council would mean the City would continue
to report the remaining two-thirds for income tax purposes to the Canada Revenue Agency.
There are no new costs associated with the recommendation to maintain the one-third tax
free portion of the remuneration.
Option 2 -Fully Taxable, No Change in Gross Pav
There would be no change in gross pay and no impact on the 2013 Budget; however, net
pay would be reduced by $3,218 for each Councillor and $7,987 for the Mayor.
This Option would also cost the City an additional $9,318 annually, as a result of having to
match the increased C.P.P. as well as Employer Health Tax contributions.
Option 3 -Fully Taxable and Adiust Gross Pav to Maintain the Same Net Pav
The current annual salary for a Councillor is $38,409 and $74,656 for the Mayor, one-third of
which is tax-free. To convert the remuneration to 100% taxable while maintaining the same
level of net after-tax compensation, those annual salaries would need to be grossed up to
$42,875 for each Councillor and $87,345 for the Mayor.
This Option would result in an unavoidable budget increase totalling $75,330 per year (at
2012 rates).
A comparative analysis of the three options with detailed calculations is attached in Appendix
`A'. The calculations (e.g. income tax projections) contained in the attached assume single
source income from the City. Actual marginal tax rates will vary based on all source income and
deductions available to individual Councillors.
COMMUNITY ENGAGEMENT:
Council is required to review the retention of the one-third tax free allowance at a public meeting
at least once during its four-year term of office. Consideration of this matter at the November 5,
2012 Finance and Corporate Services Committee meeting satisfies this requirement.
ACKNOWLEDGED BY: D. Chapman, Deputy CAO Finance and Corporate Services
Department
7 - 2
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