Understanding the Tax Advantages of Incorporating Your Business

Incorporating your business is not just about adding “Inc.” or “Ltd.” to your company’s name. It can also provide substantial tax benefits that can enhance your financial standing and fuel growth. At Falcon Law PC, we help businesses navigate the complexities of incorporation to maximize their tax advantages. Below, we explore the key tax benefits of incorporating your business.

1. Income Splitting

Income splitting allows a corporation to distribute income among its shareholders, often family members, to take advantage of lower personal tax rates. This strategy can significantly reduce the overall tax burden by shifting income to individuals in lower tax brackets.

Suppose a business owner incorporates their company and pays dividends to themselves and their spouse. If the spouse has no other income or a lower income, the dividends can be taxed at a lower rate compared to if the entire income was taxed in the hands of the business owner alone.

2. Tax Deferral

Incorporation provides an opportunity for tax deferral, allowing business owners to defer paying personal taxes on business earnings by retaining profits within the corporation. These retained earnings can be reinvested in the business, leading to potential growth and expansion.

If a corporation earns $200,000 in a year, and the business owner only needs $100,000 for personal use, they can leave the remaining $100,000 in the corporation. This amount will be taxed at the lower corporate tax rate, and the personal tax on this income is deferred until it is withdrawn as a salary or dividend in the future.

3. Small Business Deduction

One of the most significant tax advantages of incorporation in Canada is the Small Business Deduction (SBD). It allows Canadian-controlled private corporations (CCPCs) to pay a reduced corporate tax rate on the first $500,000 of active business income.

A corporation with $400,000 in active business income can benefit from the reduced tax rate on this income due to the SBD, leading to substantial tax savings compared to a sole proprietorship or partnership.

4. Lifetime Capital Gains Exemption

The Lifetime Capital Gains Exemption (LCGE) allows shareholders of a CCPC to potentially receive up to $971,190 (for 2024) of capital gains tax-free when they sell shares of the corporation. This can be a powerful tool for business owners planning to sell their business.

If a business owner sells their qualifying shares for $1,000,000, the first $971,190 of the capital gains may be exempt from tax under the LCGE, significantly reducing the tax payable on the sale.

5. Potential for Lower Overall Tax Rate

The combined corporate and personal tax rates can often be lower than the tax rate on business income earned directly by an individual. By taking advantage of the lower corporate tax rates and efficient dividend strategies, business owners can reduce their total tax liability.

If a corporation pays corporate taxes on its earnings and then distributes dividends to shareholders, the total tax paid (corporate tax plus personal tax on dividends) can be less than if the income was taxed directly as personal income.

6. Access to Additional Deductions

Incorporated businesses can access a broader range of deductions and tax credits that are not available to unincorporated businesses. This includes deductions for certain business expenses and credits for investments in innovation and development.

A corporation can deduct expenses such as health insurance premiums for its employees or claim credits for scientific research and experimental development (SR&ED) expenditures, providing additional tax relief.


Incorporating your business offers multiple tax advantages that can lead to significant savings and financial growth. At Falcon Law PC, we specialize in helping businesses understand and utilize these tax benefits effectively.

If you’re considering incorporation and want to explore how it can benefit your business from a tax perspective, contact Falcon Law PC at info@falconlawyers.ca or call 1-877-892-7778. Our experienced legal team is here to guide you through the process and help you make the most of your business’s potential.

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