TOSI rules apply the top marginal tax rate to certain income, mainly dividends, paid to family members who are not genuinely involved in the business, curbing income splitting.
Income splitting, paying dividends to lower-income family members to reduce overall tax, was sharply curtailed by the TOSI rules. When they apply, the income is taxed at the top marginal rate in the recipient's hands, erasing the splitting benefit.
Several exclusions keep legitimate arrangements out of TOSI: a spouse of an owner aged 65 or over, family members who work in the business an average of 20 or more hours a week, owners of "excluded shares" meeting ownership tests, and reasonable returns for capital or labour actually contributed. Documenting real involvement is essential.
A business owner pays $40,000 in dividends to an adult child who does no work in the company. Under TOSI, that dividend is taxed at the top marginal rate rather than the child's lower rate, removing the intended saving.
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Income tax is tax charged on the income you earn in a year, levied by both the federal government and your province or territory. Rates are graduated, so successive slices of taxable income are taxed at higher rates, and credits such as the basic personal amount reduce the tax calculated. Employment income is taxed through payroll withholding and settled on your T1 return. Quebec residents also file a separate provincial return with Revenu Quebec.
Taxable income is what is left after you total the income the tax rules include and subtract the deductions you are allowed. Employment and self-employment earnings, most pensions, EI and CPP benefits, interest, dividends, rental profit, the taxable portion of capital gains, RRSP and RRIF withdrawals and most taxable benefits from work all go into the total. Tax is then calculated on that figure and reduced by non-refundable credits such as the basic personal amount.
The repayment rate is the share of your regular EI benefits that must be paid back if your net income for the year rises above the EI benefit repayment threshold. It is shown as nil for claimants who have not received regular benefits in the preceding qualifying period, and it never applies to maternity, parental, sickness or compassionate care benefits. Tax software applies it once your income is entered. Check the current threshold on canada.ca before estimating.
Canada has no personal exemption in the American sense. The equivalent is the basic personal amount, a non-refundable credit every resident can claim, which cancels federal tax on a first slice of income, and each province has its own version at a different level. The federal amount is indexed annually and is reduced for taxpayers in the top bracket. It is applied automatically when you file, so there is nothing to elect or apply for.
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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
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