Corporate Law
5 minutes reading time

The Benefits of Incorporating in Ontario: A Comprehensive Guide

Written by:
The Tabuchi Law Team
Published on:
The Tabuchi Law Team
October 18, 2022
The Tabuchi Law Team
October 18, 2022

Incorporating your business in Ontario is a strategic move that can unlock a world of incredible benefits, including limited liability, tax advantages, access to capital, and small business deductions.

If you're serious about growing your business, incorporating is a must-do. In this comprehensive guide, we'll explore the benefits of incorporating in Ontario in detail and provide you with the information you need to get started.

Limited Liability

One of the biggest advantages of incorporating your business is limited liability. This means that your personal assets are protected from the debts and liabilities of your business. In other words, if your business is sued or goes bankrupt, your personal assets, such as your home, savings, and car, are safe.

Limited liability is a crucial safeguard for business owners, especially those operating in high-risk industries. Without it, you would be personally liable for the debts and liabilities of your business, which could put your personal assets at risk.

Tax Benefits of Incorporating in Ontario

Incorporating your business in Ontario can also offer significant tax advantages. Corporations have lower tax rates than sole proprietorships and partnerships, and they can also take advantage of income splitting strategies to further reduce their tax burden.

For example, a corporation can distribute dividends to its shareholders, who may be taxed at a lower rate than the corporation itself. This can be a particularly effective tax strategy for families with children in lower tax brackets.

Access to Capital

Incorporated businesses also have easier access to capital than unincorporated businesses. Corporations can raise capital by issuing shares of stock, which can be sold to investors. This can be a great way to finance growth and expansion.

Additionally, incorporated businesses are often perceived as more credible and established than unincorporated businesses. This can make them more attractive to investors and lenders.

Small Business Deductions

Small business owners in Ontario can also benefit from the Small Business Deduction (SBD). The SBD is a tax deduction that reduces the provincial corporate tax rate on active business income for eligible corporations.

To be eligible for the SBD, a corporation must be Canadian-controlled and privately held. It must also have less than $15 million in active business income.

The SBD can save small business owners a significant amount of money on taxes. For example, a corporation with $1 million in active business income could save over $10,000 in taxes by claiming the SBD.

Seek Expert Advice

While incorporating your business in Ontario offers many benefits, it's important to seek expert advice from a lawyer or accountant to ensure that you're doing it correctly. There are a number of legal and financial considerations involved in incorporation, and it's important to understand them all before you make a decision.

A lawyer or accountant can help you with the incorporation process, advise you on the best structure for your business, and ensure that you're taking advantage of all of the tax benefits that are available to you.

Conclusion

Incorporating your business in Ontario is a smart move that can help you protect your personal assets, reduce your tax burden, raise capital, and grow your business more quickly. If you're serious about taking your business to the next level, incorporation is a must-do.

To get started, contact a lawyer or accountant who specializes in corporate law. They can help you with the incorporation process and advise you on the best structure for your business.

Here are some additional things to keep in mind when incorporating your business in Ontario:

  • Choose the right corporate structure. There are two main types of corporations in Ontario: private corporations and public corporations. Private corporations are more common for small businesses, while public corporations are typically used for larger businesses that want to raise capital from the public.
  • File the necessary paperwork. To incorporate your business, you'll need to file a number of documents with the Ontario government. You can find more information about the required paperwork on the ServiceOntario website.
  • Pay the incorporation fee. There is a fee to incorporate your business in Ontario. The fee varies depending on the type of corporation you choose and the number of shares you're issuing.
  • Comply with corporate law requirements. Once your business is incorporated, you'll need to comply with certain corporate law requirements. This includes holding annual meetings, keeping accurate records, and filing annual reports with the government.

Incorporating your business in Ontario is a big step, but it's one that can pay off in the long run. By following the tips above, you can ensure that the incorporation process goes smoothly and that you're taking advantage of all of the benefits that incorporation has to offer.

Subscribe to newsletter

Subscribe to receive the latest blog posts to your inbox every second month.

By subscribing you agree to with our Privacy Policy.
Thank you for subcribing
Oops! Something went wrong while submitting the form.
Probate Tax Calculator

Ontario Probate Tax Calculator

Disclaimer
The information provided on this blog is intended for general knowledge and informational purposes only and does not constitute legal advice. The content on this blog is not a substitute for professional legal advice tailored to your specific circumstances. Laws and regulations are constantly changing, and the information provided on this blog may not be current or accurate. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information contained in this blog. For specific legal advice regarding your situation, we strongly recommend that you consult with our firm or another qualified legal professional. Do not rely on information found on this blog as a substitute for personalized legal advice.

Here are some more interesting articles:

Information is power!

The Ultimate Guide to Estate Planning in Ontario
Estate Planning
5 min read

The Ultimate Guide to Estate Planning in Ontario

Why is estate planning important?

Estate planning is the process of managing your assets during your lifetime and after your death. It involves creating a plan to ensure that your assets are distributed according to your wishes and that your loved ones are taken care of after you are gone.

Estate planning is important for everyone, regardless of age, wealth, or marital status. It can help you to:

  • Avoid probate, which is a time-consuming and expensive legal process that distributes your assets after your death.
  • Protect your assets from creditors and lawsuits.
  • Ensure that your assets are distributed to your desired beneficiaries in the way that you want.
  • Minimize estate taxes.
  • Provide for your minor children and other dependents.
  • Make your wishes known for your end-of-life care.

What is probate?

Probate is the legal process of distributing a deceased person's assets. It involves proving the validity of the deceased's will and appointing an executor to carry out the wishes of the deceased.

Probate can be a complex and time-consuming process, and it can also be expensive. The probate fees charged by the courts vary from province to province, but they are typically based on the value of the deceased's estate.

How to avoid probate

There are a number of ways to avoid probate, including:

  • Living trusts: A living trust is a legal document that transfers ownership of your assets to a trustee. The trustee will manage your assets during your lifetime and distribute them to your beneficiaries after your death. Living trusts are a complex estate planning tool, so it is important to speak to an estate planning lawyer to determine if a living trust is right for you.
  • Joint ownership: Joint ownership is a type of ownership where two or more people own the same asset. When one joint owner dies, their interest in the asset automatically passes to the other joint owners. Joint ownership can be a simple and effective way to avoid probate for certain assets, such as bank accounts and real estate. However, it is important to understand the rights and responsibilities of joint ownership before transferring assets to joint ownership.
  • Beneficiary designations: Beneficiary designations allow you to specify who will receive certain assets after your death, such as insurance policies, retirement accounts, and bank accounts. Assets with beneficiary designations are not subject to probate.

Other estate planning tools

In addition to living trusts, joint ownership, and beneficiary designations, there are a number of other estate planning tools that can be used to avoid probate and protect your assets. These tools include:

  • Powers of attorney: A power of attorney is a legal document that gives another person the authority to act on your behalf. You can create a power of attorney for financial matters or for healthcare matters. A power of attorney can be helpful if you become incapacitated and are unable to manage your own affairs.
  • Guardianships: If you have minor children, you will need to appoint a guardian to care for them after your death. You can appoint a guardian in your will.
  • Wills: A will is a legal document that specifies how you want your assets to be distributed after your death. If you die without a will, your assets will be distributed according to the laws of intestacy in your province.

Benefits of estate planning

Estate planning offers a number of benefits, including:

  • Peace of mind: Knowing that your affairs are in order and that your loved ones will be taken care of after you are gone can give you peace of mind.
  • Reduced legal costs and delays: Probate can be a time-consuming and expensive process. Estate planning can help to reduce legal costs and delays by avoiding probate.
  • Asset protection: Estate planning can help to protect your assets from creditors and lawsuits.
  • Tax minimization: Estate planning can help to minimize estate taxes.
  • Family protection: Estate planning can help to ensure that your assets are distributed to your desired beneficiaries in the way that you want.
  • End-of-life care: Estate planning can help to make your wishes known for your end-of-life care.

How to get started with estate planning

The first step in estate planning is to gather your information. This includes making a list of your assets, debts, and beneficiaries. You should also think about your end-of-life care wishes.

Once you have gathered your information, you can start to create your estate plan. It is important to speak to an estate planning lawyer to get help creating an estate plan that meets your individual needs.

Hire an estate planning lawyer

An estate planning lawyer can help you to:

  • Understand your estate planning options
  • Create an estate plan that meets your individual needs
  • Review your estate plan regularly to ensure that it is up-to-date

Gather your information

Before you meet with an estate planning lawyer, it is important to gather your information. This includes making a list of your assets, debts, and beneficiaries. You should also think about your end-of-life care wishes.

Create your estate plan

Once you have gathered your information, you can start to create your estate plan. This may involve creating a will, a living trust, and other estate planning documents. It is important to work with an estate planning lawyer to create an estate plan that meets your individual needs.

Review and update your estate plan regularly

Your estate plan should be reviewed and updated regularly to ensure that it is up-to-date and that it reflects your current wishes. It is especially important to review your estate plan after major life events, such as marriage, divorce, or the birth of a child.

Example of how estate planning can avoid probate

Here is an example of how estate planning can avoid probate:

John and Mary are married and have two children. They own a home, a bank account, and a retirement account. John and Mary want to ensure that their assets pass smoothly to their children after they die.

John and Mary create a living trust and transfer their home and bank account to the trust. They also name their children as the beneficiaries of their retirement account.

John dies, and Mary inherits his interest in the living trust. After Mary dies, the assets in the living trust are distributed to their children.

Because John and Mary's assets were held in a living trust, they avoided probate. This saved their children time and money.

Conclusion

Estate planning is an important part of financial planning. It can help you to protect your assets, ensure that your wishes are carried out after you are gone, and reduce the burden on your loved ones. If you have not already done so, I encourage you to speak to an estate planning lawyer to get started with your estate plan.

Ontario Estate Planning: Understanding Non-Probate Assets
5 min read

Ontario Estate Planning: Understanding Non-Probate Assets

When a person dies without a will, their assets are distributed according to Ontario's intestacy rules. However, certain assets, such as jointly owned property and life insurance policies with named beneficiaries, are excluded from intestacy distribution. Understanding these exclusions is important for estate planning.