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Tax Consulting & Planning

Tax planning for business or for individuals and families is an ongoing process to reduce the overall taxes owing by the business and ultimately by the owners and family.

 

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Get Your Tax Problem Solved


    tax consulting and planning

    Tax planning for business or for individuals and families is an ongoing process to reduce the overall taxes owing by the business and ultimately by the owners and family. When setting up and running a business, a team consisting of a professional accountant and Canadian tax and business lawyers is paramount as an effective tax reduction strategy. Tax law is constantly changing and our Toronto tax firm will ensure that you are up to date on income tax rules and regulations affecting your small business and corporation. We provide expert Canadian income tax advice and assistance with:

    • Structuring business start ups
    • Incorporations and shareholders agreements
    • Identifying tax planning opportunities for your business and corporation to minimize income taxes
    • Small business tax advice and medium business tax advice for the owner manager
    • Partnership taxation and minimization
    • Joint venture taxation
    • Unfiled taxes including Corporate back taxes and personal back taxes
    • Advising on the tax implications of proposed transactions including franchise tax planning
    • Real estate tax planning including joint ventures
    • Tax shelter and charity tax scheme disputes
    • International tax planning and offshore tax disputes
    • Scientific Research and Experimental Development (SR&ED) Tax Incentive Program
    • Cross-border tax issues including transfer pricing tax issues
    • GST/HST, excise taxes, customs duties, capital taxes, property transfer taxes, income tax, capital gains tax
    • Taxation of executives and employee compensation including Independent contractor agreements
    • Private Pension plans
    • RRSP meltdowns

    TAX PLANNING–INCOME SPLITTING

    Tax Consulting

    A Canadian taxpayer’s income tax bracket and therefore the income tax liability depends on the absolute amount of the taxpayer’s income because the higher theincome the higher the income tax bracket and the percentage of income tax paid. Income splitting is a tax planning strategy whereby one taxpayer transfers a portion of his/her own income to another taxpayer who is taxed at a lower tax rate. There are various income splitting techniques that can be used.

    INCOME SPLITTING TAX PLANNING-SALARIES

    A small business owner can often income split with a spouse by employing the spouse in the business as a T4 employee or by having the spouse own shares of the corporation and receive dividends. Any salary paid must be reasonable and supported by the actual work done. A written employment agreement is very advisable. If the spouse or children are going to own shares of the business, care must be taken to avoid the income tax attribution rules that attribute income or capital gains on the property back to the spouse who originally owned the assets.

    Tax Planning Tips

    Maximize CCA (Tax Depreciation) – Buy Capital Assets Just Before Business Year End

    If you purchase business capital assets immediately before your business year end, you can claim capital cost allowance (income tax depreciation) of 50% of the capital cost allowance rate in that year. If you buy the asset just after the year end then you claim that same rate, but only in the next year, postponing your income tax deduction by one year.

    Sell Business Capital Assets After Business Year End

    Tax Planning

    By disposing of capital assets (business property) after the business taxation year end you defers income taxes on the capital gain and depreciation recapture until the next year end.

    Consider Income Tax Effects Of Dividends Vs. Salary/Bonus

    Owners of a business should consider using a mix of salary or bonus and dividends to minimize overall taxes for the individual shareholder – owner and the corporation. This should be done every year and requires income tax planning and calculations done by the corporation’s accountant.

    Consider Setting up a Private Pension Plan

    Contributions to employees’ registered pension plans, including plans for the shareholders, are tax deductible to the company as business expenses. The employer’s pension contributions to the RPP are not taxable for the employees. Private pension plans can be set up for owners and managers instead of a Registered Retirement Savings Plan and are an effective tax planning tool.

    Repay Shareholder Loans Within 2 Corporate Year Ends

    Shareholders and owners can always take funds from the business as shareholder loans or draws, but there are tax implications and rules that have to be followed. If the shareholder loan amount is repaid within two business year ends (ie. by the end of the following business year), the amount of the loan is not deemed to be a taxable benefit to the shareholder/owner (borrower). If it is outstanding for 2 corporate year ends then subsection 15(2) of the Income Tax Act includes the full amount in the income of the shareholder. However, if the shareholder did not pay interest on the loan, or paid interest 30 or more days after the end of the taxation year, then the shareholder is deemed to have received a taxable benefit for the unpaid interest.

    Transferring Foreign Pension to RRSP: A Canadian Tax Lawyer Analysis

    Frequently Asked Questions About Tax Consulting and Tax Planning

    Tax planning is the art and science carried out by Canadian tax lawyers to reduce your taxes to the minimum amount that is legally payable.Tax planning depends on the specific needs and circumstances of the Canadian taxpayer and can for example determine the best way to carry out a transaction, such as personally or through a corporation, or the most tax efficient way to hold an investment portfolio.

    The benefit of tax planning is very simple. It reduces your overall tax liability. The same transaction can sometimes be carried out in different ways, and each method will have different tax implications. By choosing the right method you reduce your taxes and by choosing the wrong method you paid more taxes than necessary.

    The objectives of tax planning by Canadian tax lawyers are to ensure that Canadian taxpayers do not pay any more in taxes than they are legally required to and that when there is a choice of structure for a transaction the option that results in the lowest taxes is chosen.

    Canadian taxpayers need tax planning to make sure that they do not pay an excessive amount of taxes. Everyone is entitled to structure their tax affairs in such a way as to reduce the amount of taxes owing to the minimum amount legally permitted.

    Tax planning is the legal reduction of income taxes to the minimum amount that is payable. This is also sometimes referred to as tax avoidance. Both tax planning and tax avoidance are legal. Tax evasion is the improper and illegal failure to pay taxes that are properly owing either due to unreported income or claiming expenses that are not properly deductible.

    The objective of tax planning is to reduce your overall tax burden. There are often a series of different tax planning steps that can be taken many of which will reduce your tax liability somewhat. The cumulative effect of all of the tax planning is the maximum possible legal reduction of taxes.

    Will and retirement tax planning is most effective if done before retirement. Even after retirement it is possible for a Canadian tax lawyer to arrange your affairs so as to reduce your overall tax burden, often through income splitting with a lower income spouse.

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    Pro Tip

    CRA Tax Audits

    There are over 350,000 tax audit and review actions conducted by the Canada Revenue Agency on a yearly basis. Around 15,000 of these tax audits deal with “cash only” businesses (i.e. the underground economy). Additionally, an estimated 35,000 are tax shelter audits.

    Get your CRA tax issue solved


    Address: Rotfleisch & Samulovitch P.C.
    2822 Danforth Avenue Toronto, Ontario M4C 1M1