AUGUST 30, 2007
VOLUME 4 NO. 14
PERSONAL FINANCE

YOUR TAXES

Incorporation is a tax-saving bonanza

Do it right and make sure you -- and not Revenue Canada -- reap the benefits


Putting Junior on the payroll

If you're currently paying family members as employees of your practice, it may be better to change their status from employee to shareholder when you incorporate to avoid rousing suspicion at Revenue Canada. If family members are receiving income as shareholders and not as employees, you'll only have to prove ownership and not whether they're a bona fide employee.

So if you're paying your son a $25,000 salary for administrative work at your practice in Toronto while he's attending university in BC, you run the risk of having to answer some tough questions - questions that won't arise if he's just another shareholder.

It seems mad that it took so long, but in all provinces physicians can finally turn their practices into corporations. The potential for tax deferrals and savings is huge, especially for docs who can keep excess earnings in the company and/or income split with family members. Here's the lowdown on how to keep your money in your pocket -- and out of Ottawa's coffers.

1. Tax deferrals and wealth accumulation
Professional corporations have a preferred tax rate of between 16.12% and 18.62% for the first $400,000 of profits, depending on where you live. By contrast, if you're not incorporated, you pay a substantially higher personal tax rate of up to 49.25% (the rate varies province to province).

The key to making incorporation work for you is leaving earnings to grow in the company. Take for example an Ontario physician earning $200,000 a year who's able to set aside around $60,000 a year. Here's a breakdown of what she ends up with if she's incorporated or not:

Not incorporated
(Tax @ 46.41%)
Incorporated
(Tax @18.62%)
     
Savings
$62,500
$62,500
Tax paid
- $29,000
- $11,600
Total after tax
= $33,500
= $50,900

The difference between the incorporated and unincorporated savings is a tidy $17,400.

These additional amounts can grow to a tidy sum over the years. Under the same example, if our doc invested her $50,900 each year with a compounded return of 10% before tax, she'd end up with around $2.6 million after 25 years. Compare this to only $1.7 million if she's not incorporated and invests $33,500 a year. That's a difference of $900,000.

This money can be taken out personally when you are in a lower tax bracket (during retirement or sabbatical), converting the tax deferrals to actual tax savings.

2. Income splitting with your family
Do you have any kids in university or just starting out? Is your spouse a stay-at-home parent and/or a lower income earner? Do you (or do you expect to) support your parents in retirement? If so, it's time to corral your dependants into an income splitting powerhouse.

In many provinces, non-members of the profession (including family members and, in some provinces, non-family members) are permitted to own professional corporation shares. What this means is that these shareholders (usually family members) can receive dividends from the corporation and those dividends would then be taxed in their hands.

As an unincorporated physician who's supporting adult family members, the funds are coming from your after-tax income. But if you paid them in dividends, the funds would then be taxed at the lower rate of the family member, which could result in substantial savings.

For example, if our Ontario physician has two adult children in university and a low income spouse, she can move a combined total of up to $110,000 in income to those family members tax free, which results in tax savings of as much as $30,000 per year.

John McMillan, LL B, is a Toronto corporate/commercial lawyer serving health professionals and an executive of the Ontario Bar Association Health Law Section. He can be reached at 416 364 4771 or [email protected]

Andrea Wong, CA, is a Toronto chartered accountant at Horwath Orenstein LLP specializing in providing strategic and tax advice to health professionals. She can be reached at 416 596 6767 x 289 or [email protected]

 

 

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