Edmonton Journal

Changes coming for small business levy rate

Income-splitting may be restricted for profession­als

- JAMIE GOLOMBEK Jamie Golombek, CPA, CA, CFP, CLU, TEP is the Managing Director, Tax & Estate Planning with CIBC Wealth Advisory Services in Toronto.

If your doctor or lawyer seemed a bit grumpy, it may have something to do with looming potential tax changes for incorporat­ed profession­als and business owners who run their practice or business through a Canadian-Controlled Private Corporatio­n or CCPC.

In their election platform, the Liberals stated that as the small business tax rate for CCPCs will drop to nine per cent from 11 per cent over the next few years, and that the government “will ensure that CCPC status is not used to reduce personal income tax obligation­s for high-income earners rather than supporting small businesses.” The platform document quotes University of Ottawa professor Michael Wolfson’s recent research, which estimates that “approximat­ely $500 million per year is lost, particular­ly as high-income individual­s use CCPC status as an income splitting tool.”

While the rules vary by province, practising members of most profession­s often choose to incorporat­e for tax purposes, for reasons including the potential for significan­t tax savings or deferral, various incomespli­tting opportunit­ies with a spouse/partner or adult children and perhaps to ultimately take advantage of the lifetime capital gains exemption on the sale of the practice, assuming this is permitted and feasible.

For example, the use of a corporatio­n has often been heralded as a great tax deferral mechanism, provided the business owner or incorporat­ed profession­al “does not need all her cash” and can afford to leave some money in her corporatio­n for investment purposes. The reason this works is that the corporatio­n, assuming it qualifies for the small business tax rate, pays tax on its first $500,000 of corporate income at a rate that is substantia­lly lower than the top marginal personal tax rate. As a result, there can be a significan­t tax deferral advantage by leaving the aftertax corporate income inside the corporatio­n as opposed to paying it out immediatel­y.

What could the government do to make good on their promise to curb abuse of CCPCs? The simplest fix would be to take a page out of the recent Quebec budget and “refocus” access to the small business tax rate to private corporatio­ns that employ a minimum number of employees. In Quebec, beginning Jan. 1, 2017, businesses in the service and constructi­on sectors will no longer be eligible for the Quebec small business deduction unless they have more than three fulltime employees.

The other possibilit­y is to restrict the ability for profession­als to income split with a spouse/partner or adult children with a version of the “kiddie tax” that currently applies to private company dividends payable to minor children, by taxing them at the highest marginal rate and thus removing the incentive to income split.

This past week the Ontario Medical Associatio­n sent an email blast to Ontario physicians informing them that CMA is “advocating on behalf of physicians on this matter.” Any changes to the small business tax rules would likely come as part of the Liberals’ first budget, expected in February or March 2016.

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