Toronto Tax Lawyers Know About Income Splitting

While many partners in marriage both work as much as they can while raising children, there are situations where only one spouse may be employed and receiving income for the family. In order to try and lower their taxes on their income, the bread winners may try giving a portion of their income to their partner or the kids. This is, or was, one of several methods of income splitting, formerly known as “Family Tax Cut”. It’s not an available method at least in some areas, but there are other options.

Before trying any of these methods, speak with your tax lawyer Toronto. They’ll be able to advise you further in order to make sure you don’t accidentally overstep and break a law.

Split Your Pension

Since 2007, Canadian citizens have been able to split their pension incomes on certain pensions with their partner, whether through marriage or common-law. The eligible pension income can be split up to but by no more than 50% among the couple. Each spouse must submit Form T1032 during their tax returns after both agreeing to this pension split.

Split Income Through Loans

A taxpayer who earns what’s known as a passive income on an asset (rent income or dividends, for example), this person may offer the income-earning asset to their partner or their child in order to keep the asset generating money for a member of the family that has a lower tax bracket. This must be done right or else it may continue to be counted as the original individual’s income.

With the help of your Toronto tax lawyer, the asset owner can set up loans which give the earning asset to their partner or child.

Basically Income Tax Act subsection 74.5(2) gives the taxpayer the ability to loan their family member the funds to purchase the passive income earning asset. Of course, the original asset owner has to charge a correct interest rate on the loan, and the spouse or child must pay said interest back. The CRA sets interest rates, your Toronto tax lawyer will be well aware of this.

Employing Immediate Family

Those who are self-employed can easily hire their partner or child as a method of income splitting. However it is worth mentioning that whomever is hired must be fairly paid for their services.

The rules of attribution only applies to income-earning assets rather than any business income. This is precisely why you should speak with your Toronto tax lawyer, in order to be sure the income you are trying to split doesn’t come back against you later.