Farmers say changes to capital gains tax could complicate family transfers

Jake Leguee knows the fields of his Saskatchewan grain farm well, as part of the third generation to help harvest the land. And at 36, he's already preparing to eventually transfer the business to his three young sons.

"The goal of every farmer, really, especially when their kids are young, is maybe someday they'll be interested," said Leguee, who farms 6,400 hectares near Fillmore, a small community about 100 kilometres southeast of Regina. 

But with rising costs, including recent changes to the capital gains tax, he's concerned they could face challenges. 

"They're going to be paying more when it comes time to make the next transition to generation four," he said. "It's something we're definitely already thinking about."

Farmers like Leguee are joining national agriculture groups in speaking out against the tax changes, arguing that the added strain they put on land transfers will deter the next generation from taking over and contribute to a decline in family farms. 

The federal government, however, says the changes are about delivering "tax fairness" and include measures carefully designed to protect family farms.

Ottawa now taxes two-thirds of capital gains — such as the profit made from selling a farm — up from the original inclusion rate of 50 per cent. The changes took effect last week, just a few months after they were announced.

Groups including the Canadian Federation of Agriculture, the Canadian Cattle Association and Canadian Seed Growers Association have spoken out against the new inclusion rate. The Grain Growers of Canada is calling on Ottawa to keep family farms at the original rate. 

That group's executive director says the increased cost complicates retirement plans and makes the situation more challenging for farmers' children.

"It's going to increase the cost for that next generation that are looking to take over, and if they don't have the means or the funds to take over, large corporate farms are going to move in and buy up all that land," said Kyle Larkin.

Based on historical land values, a 320-hectare farm purchased in Ontario in 1996 for $1.28 million, would sell for about $15 million today. 

That would result in more than $13 million in initial profits for the farm owner, prior to paying taxes. 

Under the previous capital gains system, the family would pay $3.79 million. Now the tax bill would be $4.79 million — an increase of $1 million. 

The federal government says the changes are a way to ensure the wealthiest Canadians pay their fair share.