If you haven’t been following the financial media closely through the lazy, hazy days of summer, you may be unclear what income tax changes have been proposed and how they might impact you, particularly if you have an incorporated small business.*

As committed in the Federal Budget 2017, on July 18, 2017 the Department of Finance issued a discussion paper providing details about tax planning strategies involving the use of private corporations and setting out “proposed policy responses to close loopholes and bring greater fairness to the tax system.” Interested parties have been invited to submit comments to fi******************@ca****.ca by October 1^st.

This paper focuses on three issues:

1. Sprinkling income using private corporations which essentially means income splitting by paying out dividends or capital gains to other family members who may not actually be working for the corporation to reduce total taxes. The Government is seeking input on proposed rules to distinguish income sprinkling from reasonable compensation for family members.
2. Holding a passive investment portfolio inside a private corporation, which means retaining and investing money in the corporation instead of paying it out annually because corporate income tax rates are much lower than personal rates.
3. Converting a private corporation’s regular income into capital gains which can reduce income taxes by taking advantage of the lower tax rates on capital gains. Income is normally paid out of a private corporation in the form of salary or dividends to the principals, who are taxed at the recipient’s personal income tax rate (subject to a tax credit for dividends reflecting the corporate tax presumed to have been paid). In contrast, only one-half of capital gains are included in income, resulting in a significantly lower tax rate on income that is converted from dividends to capital gains.

Also read:  Tax Planning Using Private Corporations – The New Liberal Proposals (Blunt Bean Counter)

This has resulted in a huge outcry from groups as diverse as the Canadian Federation of Independent Business, the Canadian Chamber of Commerce and the Canadian Medical Association.

In a BNN video interview, Scott Johnston, a partner at CBM lawyers in B.C. says the Liberal plan would punish small business owners, not “fat cats.” He counsels more than 800 small businesses in the Vancouver area.

“You are comparing employees with entrepreneurs who may make nothing for years and have no guarantee their business will succeed,” he says. “They are the ones who are taking risk and putting their homes on the line. They don’t have fat government pensions and they don’t receive medical, dental or parental benefits.”

Canadian farmers are also worried about federal tax changes, but the proposals are the last thing they have had time to think about during the busy harvest season. The Western Producer says “the impact of the tax changes could be humongous,” including:

• Rules to make it more difficult and risky for full-time farmers to share farm income with spouses and children.
• Regulations that could make it dangerous to use farm earnings to help pay for children’s post-secondary education.
• Rules that discourage farms from renting out their land or saving cash within a farm company.
• Changes that could make it risky to divide ownership of a family farm’s land base among a number of children, while allowing the land block to remain intact.
• Rules that encourage farmers to sell their land to neighbours or strangers rather than their own children.

In contrast, the Canadian Nurses Association representing primarily salaried nurses issued a statement on September 5^th supporting the proposed changes. In her statement, Canadian Nurses Association (CNA) president Barb Shellian said:

“CNA commends Minister Morneau’s aim to achieve federal tax policy that treats all sources of income similarly and equitably, based on the principles of social justice. Accordingly, CNA supports the proposed changes to the federal tax code that reasonably strengthen the rules on increasingly popular but potentially unfair tax advantages for incorporated high-income earners. CNA further recommends a more comprehensive review of the Canadian tax system with an eye to simplification and ensuring all hard-working Canadians are treated fairly and equitably.”

Also read: Dissenting doctors write open letter in support of federal tax reforms

While both Finance Minister Bill Morneau and Prime Minister Justin Trudeau have said they are fully committed to the proposed tax changes, as in all cases “the devil is in the details.” It remains to be seen if any significant modifications to the proposals will be made prior to passage and the planned January 1, 2018 implementation date. We will update you when more information becomes available.

Also read: The good, bad and the ugly of Ottawa’s proposed corporate tax changes

*In the spirit of full disclosure, the tax status of my company Sheryl Smolkin + Associates Ltd. will be impacted by the proposed changes

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Written by Sheryl Smolkin
	Sheryl Smolkin LLB., LLM is a retired pension lawyer and President of Sheryl Smolkin & Associates Ltd. For over a decade, she has enjoyed a successful encore career as a freelance writer specializing in retirement, employee benefits and workplace issues. Sheryl and her husband Joel are empty-nesters, residing in Toronto with their cockapoo Rufus.

By Sheryl Smolkin

Canadians have spoken. Canada has a new Prime Minister and a new first family. While the moving trucks have not been booked yet, Justin, Sophie, Ella-Grace, Xavier and Hadrien will be the second generation of Trudeaus to live at 24 Sussex Drive.

Since the election, the financial press has gone into overdrive analyzing what the new government will mean for your bottom line and urging the new government to either act quickly or step back from key election promises.

Here are some of the post-election stories I found interesting:

The MoneySense staff posted What a Liberal majority means for you on election day shortly after a Liberal majority was announced. One of Trudeau’s well-publicized campaign promises was to cut the annual Tax Free Savings Account (TFSA) contribution limit from $10,000 back to $5,500. A recent MoneySense analysis found high-income individuals stand to lose an estimated $53,000 over 30 years, assuming 5% equity returns and a combined federal and provincial tax rate of 50% under the Liberal plan.

In the Globe and Mail, Rob Carrick considered some potential TFSA avenues the Liberals could take. He quoted Mark Goodfield, a partner at BDO Canada LLP, who believes the Liberals may announce before year’s end that the cumulative TFSA limit starting next year will be $42,000. That would factor in the $5,000 limit from 2009 through 2012, the $5,500 limit for 2013 and 2014 and $5,500 limits for 2015 and 2016. According to Carrick, Goodfield believes the government will make the current $10,000 limit for this year a moot point, by limiting people who contributed $10,000 this year to just $1,000 in 2016, which would effectively be $5,500 a year for 2015 and 2016.

How the election affects your savings by Adam Mayers at the Toronto Star reports on both the Liberal commitment to expand the Canada Pension Plan and the proposed TFSA rollback. He says, “We can be hopeful about CPP expansion, but don’t expect it for a while. In the meantime, the Ontario plan will go ahead, with the best outcome being that it’s folded into an improved CPP at a later date.” Mayers also believes TFSA rules are unlikely to change before the new year, so  if you have the money to use the $10,000 limit, he says do it now.

The non-profit Working Canadians group headed by Catherine Swift (formerly chair of the Canadian Federation for Independent Business) says cutting the TFSA limit is unfair when our tax dollars pay for gold-plated public pensions, Jonathan Chevreau reports in the Financial Post. Chevreau points out affluent baby boomers and seniors have hundreds of thousands of dollars ready to convert to TFSAs and he agrees with Swift that leaving the TFSA limit where it currently stands at $10,000 is the least the feds can do to enable 80% of Canadians to put away some funds for their own proper retirement.

In addition to discussing the TFSA rollback, Your Finances and the Canadian Federal Election by Dan Wesley (Our Big Fat Wallet) explains how other campaign promises could impact families, homeowners and students. For example:

• The Universal Child Care Benefit will be replaced by the Canada Child Benefit. The biggest difference? The new benefit is tied to income and is tax-free.
• The Liberals have quietly announced they would eliminate textbook tax credits for students ($520/year). But it’s not all bad news for students. Students won’t have to start paying back their loans until they begin earning $25,000 per year (or more).
• One of the bigger changes announced is that it will be easier to access the Home Buyers Plan which allows a first time home buyer to borrow up to $25,000 (tax free) from his/her RRSP. Borrowers have 15 years to pay it back and it can be used more than once in a lifetime. Under the new rules, those going through life changes (such as divorce) will be able to access the home buyers plan to buy a second home.

Do you follow blogs with terrific ideas for saving money that haven’t been mentioned in our weekly “Best from the blogosphere?” Share the information with us on http://wp.me/P1YR2T-JR and your name will be entered in a quarterly draw for a gift card.

By Sheryl Smolkin

I recently returned from travelling in Europe to glorious fall colours, shorter days and a chill in the air. Although we saw beautiful things in wonderful places, as we landed I couldn’t help thinking that we have so much to be thankful for this Thanksgiving, right here at home.

Whoever is elected as the next Prime Minister, Canadians will continue to enjoy considerable peace and prosperity. There are poverty and income inequality issues we definitely need to address, but unlike refugees from war-torn countries, most of us have a roof over our head and food on the table.

Here are a few interesting blogs and media stories that appeared in my absence you may find informative when you’ve had enough turkey and pumpkin pie.

If you have been putting off joining SPP or increasing your RRSP contributions, take a look at Create a Money Machine: The Effect of Compounding by Billy Kadeli from RetireEarly.com on the Financial Independence Hub. He tells young people how they can create their own “personal money machine” by investing early and taking advantage of compounding.

Blonde on a Budget’s Cait Flanders suggests you can Choose Your Own Financial Adventure. When faced with financial options at a key milestone or crossroads in your life, pick the smarter choice to protect your financial future instead of ending up in debt or even bankrupt.

In July, Sean Cooper wrote Take Car Insurance into Consideration When Buying Vehicles. Car insurance costs vary depending on the type of vehicle you choose. Before test driving vehicles and falling in love with one, he recommends that you get car insurance quotes for each model. By making car insurance part of your new car decision, it will give you a clearer idea about the total cost of ownership.

And on the election front….

Adam Mayers at the Toronto Star writes that Your Vote Gets a Better CPP or a bigger TFSA, but not both. Conservative Leader Stephen Harper and his Conservatives support a $10,000 TFSA limit. NDP Leader Tom Mulcair and Liberal Leader Justin Trudeau do not. But the quid pro quo is that the parties vying to defeat Harper agree on an expanded CPP.

If you or a family member have student debt, you will be interested to know that Liberal platform includes student debt relief. If elected, Trudeau would increase the Canada Student Grant for low-income students by 50% to $3,000 a year for full-time students and $1,800 for part-time students. As well, graduates would be required to start paying their debts only after they’re earning at least $25,000 a year.

Do you follow blogs with terrific ideas for saving money that haven’t been mentioned in our weekly “Best from the blogosphere?” Share the information with us on http://wp.me/P1YR2T-JR and your name will be entered in a quarterly draw for a gift card.

By Sheryl Smolkin

Tomorrow will be September and that means it won’t be long before you are thrown back into the maelstrom of activity that signifies the beginning of the business and academic year. So this week we continue with our back to basics theme, and bring you excerpts from some of our favourite personal finance writers and bloggers.

I really like The Sabbatical as a Dress Rehearsal for Retirement on the Financial Independence Hub by Adrian Mastracci. My husband retired when a four month sabbatical was refused but fully intends to seek contract work again in the fall.

I’m Not an Entitled Millennial Because I Can’t Afford to Buy a House in the City I Live In by Jessica Moorehous on Mo’ Money Mo’ houses explains why she and her husband decided to rent indefinitely when they couldn’t buy even a small home in Toronto for $500,000 with 20% down.

Mr. Money Moustache asks What if Everyone Became Frugal?. He concludes that it is savers and investors and not consumers that are the engine of economic growth. Only by sacrificing current consumption, can people put money into banks or share offerings, which end up in the hands of new and existing businesses allowing them to increase their productivity. Capital creates productivity, and productivity is the driver of our standard of living.

With Prime Minister Stephen Harper’s pre-election announcement that if elected he will raise the tax-free amount you can withdraw from your registered retirement savings plan to buy a first home to $35,000, Rob Carrick’s column Don’t buy a house at the expense of your RRSP is very timely.

And finally, To owe or not to owe, not such a simple question says Adam Mayers in the Toronto Star. Conventional wisdom has it that you shouldn’t owe anybody anything when you retire because your ability to pay it off is diminished. But as with most things to do with personal finance, he says one size doesn’t fit all. In some cases, it could make sense to pay the debt off slowly.

Do you follow blogs with terrific ideas for saving money that haven’t been mentioned in our weekly “Best from the blogosphere?” Share the information with us on http://wp.me/P1YR2T-JR and your name will be entered in a quarterly draw for a gift card.