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A Closer Look At Income Splitting In Canada

Peter Heise • October 23, 2024

Are you feeling overwhelmed by the intricacies of Canadian tax law? You're not alone! Many families find it challenging to maximize their income while minimizing tax liabilities. Income splitting is becoming a popular strategy. It can significantly reduce your tax burden. This approach also enhances your financial well-being.

In this article, we'll explore the intricacies of income splitting Canada, how it operates, and the current regulations and available exemptions. We'll also address the complexities linked to the latest rules.



What Is Income Splitting?

Income splitting is a tax strategy in Canada. It reduces a taxpayer's overall bill by allocating income to lower-income family members. This approach takes advantage of Canada's progressive tax system, in which higher incomes face higher tax rates. As a result, families can effectively lower their collective tax burden.

There are various methods for income splitting Canada, including:

  • Spousal loans. Spousal loans involve lending money to a lower-income spouse or partner while charging interest. The lower-income spouse can claim the interest income, enabling an income split for tax purposes.
  • Family trusts. Family trusts are a type of trust that allows income generated by the trust to be distributed among family members. Using a family trust will enable taxpayers to allocate income to lower-earning relatives. This strategy effectively reduces their overall tax liability.
  • Investment income splitting. Investment income splitting involves holding investments in the names of lower-income family members. This enables them to report the income generated by these investments. As a result, it effectively distributes the taxpayer's income.

Each method necessitates adherence to specific regulations, including the use of an income splitting Canada calculator, which provides a valuable advantage. This ensures compliance with Canadian tax laws.

The person holds a mini calculator showing an

How Does Income Splitting Work In Canada Currently?

The landscape of income splitting in Canada changed significantly. This was due to the expanded Tax on Split Income (TOSI) rules that took effect on January 1, 2019. Previously applicable only to individuals under 18, TOSI now also impacts those over 18.

Under these regulations, all split income for individuals over 18 is taxed at the highest rate. This reduces the effectiveness of income splitting with family members in lower tax brackets. However, business owners can use specific exceptions to navigate these rules effectively.


What Is Exempt From TOSI In Canadian Income Splitting?

Despite the stringent TOSI regulations, numerous exemptions in Canada income splitting are available:


Excluded Business Gains

If a family member aged 18-24 works at least 20 hours per week for the business, their earnings are exempt from TOSI. This exemption applies to subsequent dividends as long as they’re considered reasonable.


Excluded Shares

Family members 25 or older who own at least 10% of the company in votes and value may have their dividends exempt from TOSI. This exemption applies only to non-professional corporations, including accounting firms, law firms, and medical clinics.


Other Exemptions

  • Business owners aged 65+. Spouses of business owners aged 65 and older who contributed to the business are not subject to TOSI.
  • Gains from the disposition of qualified assets. Income from selling qualified business shares is exempt from TOSI. This also applies to farms and fishing properties.


Complexity Of The New Rules

The new TOSI regulations introduce additional complexity to income-splitting strategies. Identifying what counts as a "reasonable return" is a significant challenge. Ensuring proper documentation for family members' involvement in the business is another. These unclear areas emphasize the need for professional guidance. This support helps navigate the expanded TOSI framework and avoids potential penalties.


Frequently Asked Questions

Who is eligible for income splitting in Canada?

Eligibility depends on factors such as age and type of income. Seniors over 65 can split income from Registered Retirement Savings Plans (RRSPs), Registered Retirement Income Funds (RRIFs), and other sources, while younger individuals have limited options.


Is income splitting allowed in Canada?

Yes, income splitting is legal under Canadian tax law, but it must be conducted within the confines of the TOSI regulations.


How does income splitting work in Canada for seniors?

Seniors can allocate income to a lower-income spouse in different ways. This helps reduce their total taxable income.


Is it necessary for both spouses to be 65 to split income?

No, only one spouse must be eligible, and the amount can be adjusted annually for optimal advantage.



What are the advantages of income splitting in Canada?

Families can save on taxes by distributing income evenly among members, particularly those in lower tax brackets.

The man thinks of a strategy to maximize savings through income splitting.

Maximize Your Savings With Strategic Income Splitting

Income splitting Canada remains a viable strategy for families to manage tax obligations effectively, even with recent regulatory changes. Understanding TOSI is essential. Contact qualified accounting firms that can tailor solutions to your needs for personalized advice. Don't wait—take charge of your tax planning today!

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