Attribution Rules

Tax

The attribution rules prevent income splitting by taxing income back to the person who transferred property to a spouse or minor child, rather than the lower-income recipient.

To stop families shifting investment income to lower-income members, the attribution rules tax certain income and gains back to the transferor. If you give or lend property to your spouse, income and capital gains on it are generally attributed back to you. Transfers to a minor child attribute income (though not capital gains) back to you.

There are legitimate ways around attribution, a properly structured prescribed-rate loan, contributions to a spouse's TFSA or RRSP, or gifts that a minor invests for capital gains, but they must follow specific rules. Attribution works alongside the TOSI rules that target dividend splitting through corporations.

Example

You give your lower-income spouse $100,000 to invest. The interest and dividends it earns are attributed back to you and taxed at your higher rate, defeating the attempt to split the income.

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Attribution Rules Frequently Asked Questions

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Not simply by giving them money, attribution taxes the income back to you. A prescribed-rate loan or contributing to their TFSA or RRSP are compliant alternatives.
Gains on property transferred to a spouse are attributed back to you, but gains on property transferred to a minor child are not, only the income is.
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What Canadians Search About Attribution Rules

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A tax deduction is an amount subtracted from your income before tax is worked out, so it reduces the income being taxed rather than the tax bill directly. Its worth depends on your marginal rate: the higher the rate, the more the deduction saves. Common examples are RRSP contributions, child care costs, union dues, moving expenses and business expenses. Credits work the other way, reducing the tax calculated on that income.

Multiply the assessed value of the property by the tax rate for its property class. Assessment is set by a provincial assessment authority on its own cycle and increases are often phased in, so the value lags the market. The rate is set each year by the municipality out of its budget, with an education portion added by the province. Both figures appear on your notice, which is why identical homes in different municipalities carry different bills.

Non-taxable income is money you receive that never enters taxable income. Common examples are lottery and most gambling winnings, gifts and inheritances, growth and withdrawals inside a TFSA, the GST/HST credit and Canada child benefit, most life insurance death benefits, and child support under current-rule agreements. A few amounts are reported and then deducted, such as workers' compensation and social assistance, because they still affect benefit calculations, so report anything that arrives on a slip even when no tax results.

Federal personal income tax arrived in 1917, when the Income War Tax Act was passed as a temporary measure to help finance the First World War. It reached only a small number of high earners at first, and although it was passed as a temporary wartime measure the tax was never withdrawn: the Income War Tax Act was replaced by a new Income Tax Act after the Second World War, and today's Act descends from that line. A federal tax on business profits had been introduced the year before, and the personal system broadened steadily over the following decades as rates, credits and withholding were added.

Udit Gupta, founder of Tax Filings Canada

Reviewed and fact-checked by Udit Gupta

Ex Big 4 — Ernst & Young, Deloitte · International & cross-border tax specialist · CPA Canada (In-Depth Tax Program) · Chartered accountant, ICAI & MIA

Udit Gupta has over 15 years of experience helping corporations and business owners with corporate structuring, corporate tax filing, bookkeeping, payroll, GST/HST, cross-border tax and CRA representation. Big 4 trained at Ernst & Young and Deloitte, and qualified as a chartered accountant in India and again in Malaysia, he founded his accounting practice in 2014 to serve entrepreneurs, startups and non-resident business owners across Canada. View full member bio.

The Institute of Chartered Accountants of India — member 521458 · Malaysian Institute of Accountants — member CA 44667 · Ex Big 4: Ernst & Young, Deloitte · CPA Canada (In-Depth Tax Program), completed 19 Dec 2023 · In-Depth GST/HST Part I, 12 Jul 2022 · Part II, 5 Jul 2023

Editorial policy. Every page is researched against primary sources — the Income Tax Act, CRA publications and CPA Canada guidance — and every rate or threshold is stated with the tax year it applies to.

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