Should I Incorporate My Psychologist Practice? Navigating the Professional Corporation Rules

For psychologists in private practice, the question of whether to incorporate is one that often arises. The structure of your practice not only affects the administrative and operational aspects of your work but also has significant financial and legal implications. If you’re pondering over this decision, it’s vital to understand the guidelines, especially those set out by regulatory bodies, such as the Law Society of Ontario (LSO).

In this article, we’ll explore the benefits and considerations of incorporating your psychologist practice, with a special emphasis on the LSO’s rules regarding professional corporations.

Advantages of Incorporating Your Psychologist Practice:

1. Limited Liability: Incorporation can protect personal assets by limiting liability to the corporation. If the corporation incurs debts or liabilities, in most cases, your personal assets remain shielded.
2. Tax Benefits: A corporation may be eligible for lower tax rates. Plus, it allows for potential tax-planning strategies like income splitting.
3. Continuity: Corporations can continue indefinitely, which can be advantageous for succession planning.
4. Professional Image: An incorporated practice may present an added sense of credibility to some clients or other professionals.

Challenges and Considerations:

1. Cost and Administration: There are initial costs to incorporate and ongoing costs, such as annual filings. A corporation also requires diligent bookkeeping and accounting.
2. Professional Responsibility: Incorporation doesn’t exempt you from professional liability. It’s crucial to maintain adequate insurance and adhere to ethical and professional standards.

Professional Corporation Rules by the LSO:

While psychologists are primarily regulated by the College of Psychologists of Ontario (CPO), it’s essential to be aware of the rules set by other regulatory bodies like the LSO:

1. Naming: The professional corporation’s name should adhere to specific standards, usually including “Professional Corporation” or its equivalent and complying with naming restrictions.
2. Ownership: Only members of the regulated profession can be shareholders in the professional corporation.
3. Liability Coverage: Even with incorporation, professionals must maintain liability insurance that matches the standards set by their primary regulatory body.
4. Certificate of Authorization: Before practicing, a professional corporation typically requires a certificate or similar authorization from its primary regulatory body.
5. Annual Renewals and Updates: Any changes, such as shareholder updates or address changes, need to be reported promptly.

The decision to incorporate a psychologist practice isn’t one-size-fits-all. It depends on individual circumstances, long-term goals, and personal preferences.

If you’re considering incorporating your psychologist practice and need legal guidance tailored to your specific needs, Falcon Law PC is here to assist. Reach out to us at 1-877-892-7778 or via email at info@falconlawyers.ca for a consultation.