Driver Inc. model condemned by CRA, ESDC

by Truck News

TORONTO, Ont. – The jig may be up for drivers and carriers operating under the Driver Inc. model.

The Canada Revenue Agency (CRA) and Employment and Social Development Canada (ESDC) have clarified how they will treat drivers who incorporate themselves and operate company-owned vehicles, the so-called Driver Inc. model.

The Canadian Trucking Alliance (CTA) has fought the expanding practice, as it opens the door to the possibility of widespread tax manipulation, since no source deductions come off the driver’s pay. CRA has agreed, acknowledging that if an individual incorporates, but has no labor characteristics that are different than an employee – for example, working exclusively for one employer or not having registered any equipment assets – that person is then deemed a Personal Service Business (PSB).

PSBs are: not entitled to income tax deductions available to other corporations; cannot deduct most expenses available to other corporations; are subject to a combined federal and provincial tax rate of 33%; amounts paid by one business for services provided by another business must be reported to CRA, but are not subject to statutory payroll deductions; and if the corporation pays salary and wages to one or more employees, these amounts are subject to withholding of income tax, CPP and in some cases EI.

Further documentation on the CRA’s position can be found here.

CRA told the CTA that beginning with the 2018 tax year, all payments made to self-employed individuals deemed to be PSBs must be reported on a T4A slip. Now, the CTA is calling on CRA to fully enforce this policy nationally and to increase fines for non-compliance.

“CTA applauds CRA’s actions. We now have clarity of the rules from a tax filing and enforcement perspective regarding Driver Inc.,” said CTA president Stephen Laskowski. “We will begin educating the industry on this policy and ensure that it is enforced.”

ESDC has also responded to the CTA, noting that incorporated drivers operating company vehicles are entitled to the same treatment under the law with regards to overtime payments, general holidays, vacation time and pay, as well as termination and severance, as employees.

ESDC said it would consider conducting inspections in high-risk industries, such as trucking.

“We believe Driver Inc. is costing Canadian government hundreds of millions of dollars in lost tax revenue from drivers not filing as a PSB or simply not properly reporting their income,” says Laskowski. “We are hopeful, the combined actions of CRA and ESDC will finally restore labor standard compliance and tax fairness throughout the trucking industry.”

The CTA is planning an advertising campaign to create awareness about the issue.

 

 


Have your say


This is a moderated forum. Comments will no longer be published unless they are accompanied by a first and last name and a verifiable email address. (Today's Trucking will not publish or share the email address.) Profane language and content deemed to be libelous, racist, or threatening in nature will not be published under any circumstances.

*

  • This is very good now bring in a wage for truck drivers with 2 or more years experience for local at $23.00 per hour and O.T.R. of $27.00 plus per hour plus overtime . Any drivers going into the u.s. medical insurance and require all owner-ops that go into the U.S. to have medical insurance.

  • These idiots don’t know, it is non of there business to see how the driver & O/O work. Don’t poke yr nose into the other people’s work. When CRA has no objection then what’s yr problem. All driver are away from home from wife & kids so they should have compensation for that & also for the expenses & expensive meals too.

  • A lot of carriers are asking their drivers to get incorporated. A lot of cheaper carriers use this ploy to not pay you for 30 days, and if you leave you will end up taking them to small claims. I speak from experience.

    • This happens all the time. Truck drivers are cheated when they incorporate. The Federal Government is shutting down companies that force truck drivers to incorporate to get paid.

    • Drivers only ….who go to USA. Canada. do not require small Court you need find nearest Federal Labor of Canada office call complain.Ask for application form. Do not forget add vacation pay.By the law company has to pay vacation. For Ontario drivers is Ontario Labor Association

  • So Eugien, you’re saying you should have to pay income taxes?After all the heavy trucks are the main factor in the destruction of our roads and hiways.

  • how we can forget the sacrifice of drivers who stay away from family,home and food and come back 3or4 days.who will pay compensation for that.Govt. should think this factor.

  • Okk guys, mst of the companies want drivers to incorporate, this is cheating on drivers.. and illiterate people of canada who thinks drivers earn millions should cone in driving and see how they survive.. u dont even know how to drive a car on highway.. most of the companies wont take drivers on payroll because that will increase their liabilities and if we own our own trucks then who will drive company trucks.. Eod the govt is just penalizing the middle class to serve the refugees, the fucked up idea of Justin Trudeau, the most corrupt leader.. I agree take the tax from truck drivers but shut down all the goon inspection stations, those motherfuckin MTOs are always behind us and keep fetching money out of our pockets, everytime transport driver is blamed for anything that happens.. people u need to think about it..

    Driving a haulier is fucking hard job than drivin a hatchback and speeding on highways…
    Canada is such a country illiterates…

    I request all transport drivers to be united and refuse to work till they realise the fact that its we drivers who feed the country.. think about it guys cmon plz be united and strike

  • Everything u buy u just pay tax tax tax and work hard like donkeys and then again tax tax tax … cmon guys we want to live, how much do u need to feed the beggers and refugees justin trudeau

    Corruption at heights, canada is no more a first generation country rather its a fourth world nation lolz

  • Just make it tuffer on a industry that is all ready struggling. Great Idea to put more tax on us you dumb Tools. As on owner operator I claim all my income as I should in a country that already taxes us at 47%. You want your coffee delivered and your fast food and the paper you CRA guys use to send us that all ready high tax bill we get! You never attract new people to drive these trucks. Smarten up! Leave crap alone.
    Government gets millions in personal perks like car rentals, bus passes, plane fare, food allowance and a shit ton more.
    Let’s make it fare you say, well tax payers pay all this crap that government officials don’t pay for that we all ready pay for.
    Here’s a thought! Get the government to stop wasting money like it grows on trees and leave the truck drivers alone or you won’t have gas, food, water, oil, clothes because your going to piss everyone off! Give your heads a sake dumb tools!

  • Fix Driver Inc, fix MELT, fix HOS/ELD…..
    It won’t be easy, but there are too few barriers to entry in our industry. That’s why accident rates are on the rise. That’s why freight rates are cyclical rather than consistently rising (like the operating costs and inflation). That’s why small blips in volume or an increase in insurance rates create a bloodbath of bankruptcies. Let’s fix the industry first. Make the profession compensatory, respectful and desirable again.

  • Driver Inc. is a SYMPTOM of a very sick Trucking Industry.

    Because DRIVER PAY is so low, it provides the ILLUSION that the truck driver is making a little more money.

    However, when done LEGALLY, and it can be perfectly legal in a world where the middle class (workers rights) are under siege, ALL GAINS go to pay the ACCOUNTANT, and other “costs of operating a business” such as bookkeeping, business chequing account fees… and other costs associated with running a one person business.

    If done “LEGALLY” then the Driver Inc driver does pay payroll taxes, GST/PST… and buys PRIVATE INSURANCE to replace a totally defunct & INADEQUATE Worker’s Compensation Board regimen.

    Under Prime Minister Pierre Elliott Trudeau, who was a Champion for Workers Rights, this would all be ILLEGAL. After all, before entering politics he was the lawyer that fought for workers to win THE RIGHT TO UNIONIZE & STRIKE during the Asbestos Miners Strike in Quebec in 1949.

    Asbestos Strike (1949):

    Turning Point in Quebec History | The Canadian Encyclopedia:

    https://www.thecanadianencyclopedia.ca/en/article/asbestos-strike-feature

    “The Three Wise Men” changed Quebec & Canadian History, then went on to do the same in Canadian Politics:

    ☆ Pierre Elliott Trudeau, Worker’s Rights Lawyer to PM of Canada.

    Pierre Trudeau – Wikipedia:

    https://en.m.wikipedia.org/wiki/Pierre_Trudeau

    ☆ Jean Marchand, Leader of the Asbestos Workers Strike in 1949 as Secretary of the Catholic Workers Confederation of Canada (now the CSN) Union to MP, and then on to Minister of MANY portfolios in both the Pearson & Trudeau cabinets.

    Jean Marchand – Wikipedia:

    https://en.m.wikipedia.org/wiki/Jean_Marchand

    ☆ Gerard Pelletier, Journalist for Le Devoir & La Presse to MP and then on to Minister of various portfolios in the Trudeau cabinet.

    Gérard Pelletier – Wikipedia:

    https://en.m.wikipedia.org/wiki/G%C3%A9rard_Pelletier

    Driver Inc – Autonomous Workers:

    Although the Driver Inc model would have been ILLEGAL under Pierre Elliott Trudeau, Workers Rights have been under attack for DECADES.  Today anything goes.

    “Autonomous Workers” and “Contract Workers” are the equivalent of Driver Inc.

    Revenue Canada, DND (Department of National Defense) and probably every other branch of the FEDERAL GOVERNMENT now uses contract workers to skirt Workers Rights. These bonafide EMPLOYEES are “let go”, “layed off” one day short of a year, then REHIRED IN ANOTHER CONTRACT the very next morning. All to AVOID paying BENEFITS to the EMPLOYEE. This is highly CONTENTIOUS.

    Pierre Elliott Trudeau’s unholy alliance with unions and union leaders led to exorbitant costs of labour… which are now counteracted by NO RIGHTS for those not already in the gimmick.

    There is a HAPPY MEDIUM called BASIC HUMAN DECENCY.

    Rick Blatter  B.Ed., M.Sc.
    Fitness, Wellness, Safety
    HAPPINESS  & Efficiency.

    http://www.RickBlatter.com

    Spokesperson for the CIA-TA:

    http://www.CIA-TA.com

    CTA Canadian Truckers Associations (www.CTAtruckers.ca)

    ITA International Truckers Associations (www.ITAtruckers.org)

    ATA American Truckers Associations (www.ATAtruckers.com)

  • This is complete bs and just another form of control the so called cta has no business telling people how they want to be employed and as truck drivers provide a very important service I for one will remain self employed and pay the taxes I owe the cta needs to stay out of peoples business