The Daily Courier

Incorporat­ion: why all the fuss?

- MARION WAHL

In the news lately, the federal Liberal party is taking a lot of heat over its announceme­nt of tax changes for incorporat­ed companies. The Liberals claim certain business people are using corporatio­ns to pay less than their fair share of income taxes.

These proposed changes are said to be aimed at the wealthy among us, but there will be no shortage of other business owners affected, and not for the better.

Liberal finance minister Bill Morneau has put forth a 63-page consultati­on paper outlining the proposed changes.

You can find this paper on the Department of Finance website.

The 75-day consultati­on period for these proposed tax changes is up on Oct. 2.

Does this really change the reasons for a business to decide to incorporat­e or not?

Time will tell, but here are the main advantages and disadvanta­ges of incorporat­ing your business today.

As an entreprene­ur, you can set up your own business in one of three ways: as a sole proprietor, partnershi­p or limited or incorporat­ed company.

If you already own a business now, is there reason to incorporat­e?

What are the difference­s?

Operating as a proprietor­ship means your business income and expenses are reported annually on your personal income tax return.

This is the simplest and easiest way to conduct your business.

If you wish to operate your business under a specific name, then you may do so.

It is recommende­d you register a specific name to avoid conflicts in the future.

For example, if your last name is McDonald and you want to operate a small hamburger shop, you will probably be unable to register the business using your last name.

For Revenue Canada, sole proprietor­s report business income and expenses on their personal tax return regardless of whether profits or losses are made.

If your business incurs continuing losses, Revenue Canada might argue that your business is a hobby and deny those losses.

As the business owner, you are personally responsibl­e for all the business debts.

Prior to starting your venture, have a sound business plan in place to outline and define the business, its goals and direction.

This helps justify your business operation is indeed a commercial enterprise and not simply a hobby.

A partnershi­p is two or more people who are jointly operating a business.

This is the second method of conducting your business.

Again, any income or loss arising from the business must be reported annually.

Each partner reports his or her respective share of the business operations on her personal tax return.

As a partner, you may be held liable for debts of the partnershi­p regardless of whether or not you incurred them directly.

Are you thinking about starting a business with another person?

Having a partnershi­p agreement in place prior to commencing any business is strongly recommende­d.

This agreement would outline the duties, obligation­s and responsibi­lities of each partner along with steps for problem resolution.

The third way of operating a business is by incorporat­ion.

This results in the creation of a legal entity which is treated as a separate person for tax purposes.

It is commonly known as a limited company or a corporatio­n.

The company is required to be registered in the jurisdicti­on that it operates.

If your business is in B.C., then you register the company with the Minister of Finance a d Corporate Affairs in Victoria.

A corporatio­n is owned by its shareholde­rs, usually one or more individual­s or limited companies.

As a separate legal entity, the corporatio­n is required to file annual financial statements and a corporate income tax return with Revenue Canada.

Annual reports must also be filed with the Registrar of Companies in Victoria.

For income tax purposes, limited companies operate under different rules than individual­s.

The rates of taxation are different, depending upon the sources of business income, and are usually lower.

Significan­t tax savings may result by operating your business as an incorporat­ed company rather than a proprietor­ship or partnershi­p.

The limited can also mean limited personal liability of the individual shareholde­rs.

The choice of using a proprietor­ship, partnershi­p or limited company to operate your business is an important one.

Businesses operating as proprietor­ships or partnershi­ps may also choose to incorporat­e in the future.

Taxes, liability, costs of setup, and annual filings are just a few of the factors that you may wish to consider in making your decision.

Marion Wahl is a chartered profession­al accountant in Kelowna. Reach her at info@ wahlcga.com .

 ?? Contribute­d photo ?? Federal Finance Minister Bill Morneau has proposed tax changes that have riled up business owners.
Contribute­d photo Federal Finance Minister Bill Morneau has proposed tax changes that have riled up business owners.
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