On March 22, Prime Minister Trudeau’s Liberal
government unveiled its first federal budget since capturing a parliamentary
majority in the 2015 election. Among the components of the budget that have
attracted attention in the press are the fiscal stimulus measures,
infrastructure investments, and a deficit projection of close to $30 billion.
But the budget is also notable because of something it does not contain:
changes to the taxation of stock options.
In general, Canadians who are likelier to
receive compensation in the form of stock options tend to be at the high end of
the earnings scale. Large firms often reward their executives with stock
options in lieu of salary, partly because stock option gains benefit from
preferential tax treatment, and partly because ownership of claims on their own
company’s stock provides a material incentive for corporate executives to
optimize that stock’s performance.

Why didn’t the government follow through on its
pledge? And what are some of the implications of this non-change?
Startup
compensation a concern
“As I was out on pre-budget consultations I
heard from many small firms and innovators that they use stock options as a
legitimate form of compensation for their employees, so we decided not to put
that in the budget,” said Finance Minister Bill Morneau. Indeed,
startups typically do not enjoy the kind of cash flow that large, profitable,
established firms generate. Thus, it is common for startups, particularly in
the tech sector, to try to lure talent away from major players by offering
stock options as compensation. This practice has allowed some startups to
attract highly skilled personnel who might otherwise have accepted a more
immediately lucrative position at a reputable, old-guard company.
The Liberals were not the only federal political
party to float a proposal for altering the preferential tax treatment accorded
stock options in the run-up to last year’s election. Thomas Mulcair’s New
Democrats actually went a step further, advocating wholesale elimination of the
special deduction. But tech entrepreneurs pushed back; Hootsuite Media founder
Ryan Holmes even predicted that the NDP plan would “kill the
Canadian startup ecosystem.”
At a time when Canada’s economy is experiencing lacklustre
growth and job creation, many leading politicians understandably don’t want to
be seen as undermining one of the country’s most vibrant growth industries.
Moreover, the Liberals have marketed themselves as a party that plans to green
the economy through technology and innovation; a policy change to the detriment
of the tech startup sector would seem out of step with that brand image.
The
downside: loss of federal revenue
Of course, incumbents in many industries would
be delighted to receive special subsidies, protections, and preferential tax
treatment, and can mount convincing arguments in their own favour. Every policy
yields costs and benefits, and it’s the task of policymakers to weigh these in
order to identify the most socially beneficial option.
Preferential treatment for stock options imposes
a cost on Canadian taxpayers by undercutting the amount of revenue that makes
its way into federal coffers. In turn, this compromises the government’s
ability to offer public services and invest in infrastructural upgrades and
innovation—all of which can lower the cost of doing business and boost
productivity—without increasing the deficit. Even relatively conservative tax
specialists, like Jack Mintz of the University of Calgary, have
argued that the status quo around stock option taxation is inefficient, and
unfairly favours employees who receive stock options as compensation.
Trudeau and Morneau broke their promise because
they have calculated that the status quo delivers more benefits for startups
than costs for Canadians who don’t hold stock options. For now at least, a lot
of tech startups will breathe a sigh of relief.