columnist_tax_tips.jpg

Business Income Splitting

Written by: Dan White

(Article posted in: Tax Tips )

When running your own business, there are a number of income splitting opportunities.

Many of these options apply whether or not the business is incorporated. You can hire your family and pay them a salary.
If a corporation is an SBC, your spouse and children can be shareholders and receive dividends, without concern for the corporate attribution rules.

You can also pay your spouse a guarantee fee they have pledged assets or otherwise guaranteed the debts of the business.

If your business is incorporated, other possibilities arise, such as paying your spouse a director’s fee for services performed in that capacity.
Your spouse and children could subscribe for shares in your corporation and be paid dividends. The advantage here is the ability to have the dividends taxed in the hands of more than one person, which generally means that overall tax on the dividends is lower.

With the use of more than one class of shares, it would be possible to pay the dividends to selected individuals or a group of individuals.
You should ensure family members pay fair market value for any shares issued to them.

This should not be a problem if you have just done an estate freeze, since the common shares will generally have only a nominal value.
Be aware that family members must acquire the shares with their own funds. If you provide the funds to them, any dividends they receive would be taxed in your hands.

Note that your spouse will also be jointly liable with the other directors for the fulfillment of requirements, such as salary withholdings and GST collections. If your spouse pledges assets or otherwise guarantees a business loan for your company, they can be paid a fee by the business. The amount paid must be reasonable for the circumstances.
To determine reasonableness, look at the amount of the loan, and the ability of the business to repay the loan. Consider the amount that would otherwise have been paid to an arm’s length party to guarantee the loan. The fee charged will also help in establishing the deductibility of the loan for your spouse, should the debt ever become bad and the guarantee called.

Funds can be loaned to a spouse to start up a business, without being concerned about attribution rules. Only income from property is subject to attribution. Income from a business is not subject to attribution.
You should consider that in business there is always a risk. Therefore, from a tax point of view you should be aware that an interest free loan would not qualify for capital loss treatment should the venture fail. Therefore, you should make the loan interest bearing.

You should also consider making a capital contribution to the business as a partner, which will make you responsible to share in any business losses.

Income splitting and estate planning are made easier if the corporation is an SBC. If you transfer non SBC property or make a low interest loan to a corporation of which your spouse or minor children are shareholders, an imputed interest penalty at CRA’s prescribed rate will be attributed to your income.

The corporate attribution penalty does not apply for any period throughout which the corporation qualifies as an SBC. Therefore, if you ensure your company always meets the 90% test for business assets, you can carry out an estate freeze and set up an income splitting arrangement without concern for corporate attribution.

To ensure you can pay dividends to a family member, make sure the member is actively contributing to the company.

Let investments grow in the lower income earner’s name. This is a legal form of income splitting. Have the higher income earner pay all the expenses to reduce their income.

Other Articles by this Author

RRSPs and Home Buyers Plan

How long do you have to leave money in an RRSP regarding a Home Buyers Plan? There are some important rules ...[...Read More]

Business Income Splitting

When running your own business, there are a number of income splitting opportunities. Many of these options apply whether or ...[...Read More]

Employee Tax Strategies

If employment earnings include commissions, you may be able to claim certain expenses for which you have not been reimbursed. ...[...Read More]

Charitable Donations

When donations are made to registered charities, copies of the receipts must accompany personal tax returns. Corporations are required to ...[...Read More]

Small Business Company Advantages

A Company qualifies as an SBC, Small Business Company, if at least 90% of its assets are used for active ...[...Read More]

Retirement Income Splitting

Income splitting is important for everyone, and especially so for senior citizens. If you receive Old Age Security (OAS) benefits, ...[...Read More]

Another CRA RRSP Tax Trap

Wanted: Dead or Alive. Your Taxes It is important to note that RRSP’s have been set up to ensure that the ...[...Read More]

100% Deductible Business Expenses?

What business expenses can be 100% deductible? Good question. One that your email box would not be large enough to list or ...[...Read More]

More on the Smith Manoeuvre

by: Bob Aaron in the Toronto Star The pitch sounds very seductive. “Go ahead. Make your mortgage tax deductible. Yes. ...[...Read More]

Managing your Tax Deductions

When investing in real estate, be sure to look at the tax implications of every penny you spend. If you need ...[...Read More]

Tax Deductions in Real Estate

To be taxed now or to be taxed later. That is the question. Is it nobler in the mind to ...[...Read More]
« Back to: Tax Tips