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Explain how small business, doctors take advantage of low corp. tax rates

happ

Active member
Sep 22, 2010
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Can someone explain how some small business individuals get away with paying the lower corporate tax on stock and bond investments their personal portfolio? Is it as long as the business is operating they can use all available cash in the company for personal investments like mutual funds or stocks. Can they do this currently once the business ends being an active co. Whose really taking advantage here how are bogus businesses being used to save tax...
 

Mr. Hawthorne

Member
Dec 31, 2009
75
2
8
Can someone explain how some small business individuals get away with paying the lower corporate tax on stock and bond investments their personal portfolio? Is it as long as the business is operating they can use all available cash in the company for personal investments like mutual funds or stocks. Can they do this currently once the business ends being an active co. Whose really taking advantage here how are bogus businesses being used to save tax...
Check out this article:

http://business.financialpost.com/p...rivate-corporation-tax-could-make-it-possible
The liberal government is using scare tactics to try and convince the general public of "loopholes". However, there are no loopholes in the Tax Act. These are fully governed within the Income Tax Act and is merely a mechanism for Liberal government to raise tax revenues without actually raising marginal tax rates.
 

Worf

Active member
Sep 26, 2001
1,891
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In a house somewhere
Check out this article:

http://business.financialpost.com/p...rivate-corporation-tax-could-make-it-possible
The liberal government is using scare tactics to try and convince the general public of "loopholes". However, there are no loopholes in the Tax Act. These are fully governed within the Income Tax Act and is merely a mechanism for Liberal government to raise tax revenues without actually raising marginal tax rates.
That's correct. It is all a big scam to raise taxes. They say they are helping the middle class but the income threshold of middle class keeps getting smaller.
 

lomotil

Well-known member
Mar 14, 2004
6,496
1,349
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Oblivion
The small business groups, doctors included, for the most part did not vote for the Trudeau Liberals in the last election. The wave that brought in " Justin " is apathetic and will not be too sympathetic about this proposed tax reform if they are even aware of it in the first place. Actually it was too good to be true anyway and it is not surprising that it would be eventually attacked. Income sprinkling in a socialist nanny state is curious at best.
 

K Douglas

Half Man Half Amazing
Jan 5, 2005
27,221
7,855
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Room 112
Investment income/capital gains in a corporation is not considered active business income and thus does not get the small business rate of 14%. It is taxed at a higher rate of 37%. However, since we are in a self assessing system many will lump in the investment income earned as active business income. They may or may not get away with it particularly if there is a T3 or T5 slip that reports the investment income earned. CRA will reassess accordingly.

The alarming thing the Liberals are planning to do is to a mass review of these small business corps to see who exactly is deriving income from it and determining it's nature. That means that the doctor who is paying their spouse and/or kid(s) a salary in order to split income could see that denied by CRA. This is being done in an attempt to increase taxation revenues without having to raise rates, which are already sky high. These kind of antics I would expect from a left wing party like the NDP. Very anti small business.
 

rhuarc29

Well-known member
Apr 15, 2009
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That means that the doctor who is paying their spouse and/or kid(s) a salary in order to split income could see that denied by CRA. This is being done in an attempt to increase taxation revenues without having to raise rates, which are already sky high. These kind of antics I would expect from a left wing party like the NDP. Very anti small business.
Are you serious? You don't see income splitting with people who don't actually work at your company as wrong? I'm 100% for closing that loophole. And the passive income loophole.
However, I'd suggest they use the added revenue from closing them to offer instead a broad tax break...which I doubt they'll do.
 

guelph

Active member
May 25, 2002
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Can someone explain how some small business individuals get away with paying the lower corporate tax on stock and bond investments their personal portfolio? Is it as long as the business is operating they can use all available cash in the company for personal investments like mutual funds or stocks. Can they do this currently once the business ends being an active co. Whose really taking advantage here how are bogus businesses being used to save tax...
They should be able to as passive (investment) income is taxed at a higher rate then active (business) income. The advantage is that they can invest income that was taxed at a lower corporate rate than the personal rate.

Business individuals also pay wage to family members who to divide up the income between spouses -- this is allowable if the spouse is actually working in the business if the spouse is not working in the business then the amount is not deductible for tax purposes as it is not laid out to earn income.

The other thing that they can do is "sprinkle dividends" among adult family members again perfectly legal if the family members have invested the business but not if the shares were gifted. Benefit child is 18 needs money for University parent gifts them shares then instead of parent taking out extra funds they pay a dividend to child who is in a lower tax bracket.

All this gives business individual an advantage over employees who receive a T4

Remember Corporate Tax rates have been lowered very low rates (15% for small business corp) because business leaders made the case that they need lower rates to have more money left over for R&D, Equipment updates, hire employees this would stimulate the economy, I don't think that they delivered on their end.

BTW the practice of income splitting with spouse can bite you in the butt in a big way come divorce time, I have seen it happen.
 

fuji

Banned
Jan 31, 2005
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That's correct. It is all a big scam to raise taxes. They say they are helping the middle class but the income threshold of middle class keeps getting smaller.
No it's not, I used to operate as a small business specifically so I could use these loopholes.
 

saxon

Well-known member
Dec 2, 2009
4,759
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This is how the Liberals work, give the middle class a tiny tax break and then increase taxes in other areas so they end up taking back more than they give.
 

Polaris

Well-known member
Oct 11, 2007
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hornyville
Are you serious? You don't see income splitting with people who don't actually work at your company as wrong? I'm 100% for closing that loophole. And the passive income loophole.
However, I'd suggest they use the added revenue from closing them to offer instead a broad tax break...which I doubt they'll do.
What so wrong about it?

This has been going on since forever, just like the exemption for married people with a spouse.
 

fuji

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What so wrong about it?

This has been going on since forever, just like the exemption for married people with a spouse.
It results in inefficient economic behavior. Aligning the tax code better with actual productivity well drive better economic growth.
 

nottyboi

Well-known member
May 14, 2008
22,503
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What so wrong about it?

This has been going on since forever, just like the exemption for married people with a spouse.

Well its actually FRAUD for one. You are claiming someone is an employee when they really are not. And you are claiming you are paying them when you actually are not. The exemption for married people is a deduction for a dependant no? Its an acknowledgement that a couple is a single unit but you cannot split income with a spouse, that was killed. Sprinkling is a form of income splitting, and since it was ended for salaried people, it is also fair to end it for business owners.
 

guelph

Active member
May 25, 2002
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What so wrong about it?

This has been going on since forever, just like the exemption for married people with a spouse.
Paying a "salary" to a family member or anyone else who does not work in the business has never been a deductible expenditure as the expenditure was not laid out to earn income. The amount is still taxable in the hands of the individual but not deductible by the payer.
 

lomotil

Well-known member
Mar 14, 2004
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Well its actually FRAUD for one. You are claiming someone is an employee when they really are not. And you are claiming you are paying them when you actually are not. The exemption for married people is a deduction for a dependant no? Its an acknowledgement that a couple is a single unit but you cannot split income with a spouse, that was killed. Sprinkling is a form of income splitting, and since it was ended for salaried people, it is also fair to end it for business owners.
Since incoming sprinkling and income splitting was allowed, some individuals have abused it like pig at the trough, licked the plate clean like Mike Duffy at an all you can eat free diner. This excess has not gone with notice as workers who cannot incorporate watch, are jealous and watch there employers seemingly get further ahead. Notice that the nurses unions and organizations have sent letters to Ottawa in support of cutting off the physicians tax breaks under incorporation. This move by the Federal Liberals is a sly but dirty tax grab which will affect those who did not vote Liberal anyway.
 

Big Sleazy

Active member
Sep 13, 2004
3,535
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You have to love the hypocrisy. Bill Morneau was shown to have a hidden Bank account(s) in Panama when the Panama Papers were released. And he's accusing small businesses of tax evasion !!! Priceless. Hey Bill. Why don't we go back to minting our own money instead of borrowing at interest you Bilderberg Globalist stooge !!!!
 

rhuarc29

Well-known member
Apr 15, 2009
9,651
1,295
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What so wrong about it?

This has been going on since forever, just like the exemption for married people with a spouse.
Since when has it being "going on since forever" a valid defense? So has drunk driving; we don't just accept it.

Others have already answered, but I'll add my two cents. It's both fraud and tax evasion. You're gaming the system in order to pay a lighter tax burden, which benefits you over honest folk who have to pick up the slack. That's why loopholes are shit. If we close the loopholes, we theoretically could provide a broad tax break to everyone. That said, it's government, so who knows if they'd follow through....
 

fuji

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jazzbox

Well-known member
Jan 29, 2009
940
457
113
K Douglas;5945646 The alarming thing the Liberals are planning to do is to a mass review of these small business corps to see who exactly is deriving income from it and determining it's nature. That means that the doctor who is paying their spouse and/or kid(s) a salary in order to split income could see that denied by CRA. This is being done in an attempt to increase taxation revenues without having to raise rates said:
Not sure why this is alarming. Why the hell should they be able to spread their income among their kids/spouse who are not working at the business? Fuck, i would love that "right" but I have to pay the full freight as a salaried employee. I have no place to hide. Besides, the government is not proposing to do away with that tax "loophole" it is saying that businesses should have to demonstrate their relatives are actually working for the business (i.e. pass a reasonableness test) and business is screaming bloody murder about it. Why? Because a lot of them are not really employing their relatives and they are lying to the CRA and have got away with it for a long time. Personally, I think they should get rid of the small business rate, harmonize it with a lower corporate rate, and get rid of all of these special deductions for small business. Treat all businesses the same. These things are just tax expenditures (paid for by other Canadians) that basically keep inefficient small businesses ticking. The predominance of small business in Canada is one of the primary reasons our productivity per worker is so low. Politicians are afraid to do anything about it because of the small business lobby (they wrap themselves in the flag of the heroic entrepreneur that jsut so happens to benefit from a special tax regime) and because those expensive tax expenditures do create (usually shitty) jobs for some Canadians.
 

jazzbox

Well-known member
Jan 29, 2009
940
457
113
Since when has it being "going on since forever" a valid defense? So has drunk driving; we don't just accept it.

Others have already answered, but I'll add my two cents. It's both fraud and tax evasion. You're gaming the system in order to pay a lighter tax burden, which benefits you over honest folk who have to pick up the slack. That's why loopholes are shit. If we close the loopholes, we theoretically could provide a broad tax break to everyone. That said, it's government, so who knows if they'd follow through....
+1 on this post!
 
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