24.5.1 Splitting Income

Income Splitting: An Overview

Income splitting is a tax-saving strategy that involves shifting income from a higher tax bracket to a family member in a lower bracket. This allows a family to collectively pay less in taxes. However, due to recent changes in tax laws, the methods for effectively splitting income have been curtailed.

Key Vehicles and Methods

1. Spousal RRSPs

A Spousal Registered Retirement Savings Plan (RRSP) is a legally recognized tool for income splitting. By contributing to a spouse’s RRSP who is in a lower tax bracket, higher-income earners can effectively lower their tax burden.

2. Family Trusts

Family trusts provide a method for managing and distributing family income and assets among beneficiaries—typically children or grandchildren—while taking advantage of their lower marginal tax rates.

3. Partnerships and Small Business Corporations

Family partnerships or Small Business Corporations allow the distribution of income among family members, thus enabling more efficient tax management.

4. Investment Holding Companies

Investment holding companies pool family investments and allow income—and the associated tax burden—to be split among family members in lower tax brackets.

Technical and Professional Considerations

While these strategies can provide tax efficiencies, the complexity of set-ups such as family trusts and holding companies necessitates consultation with professionals like tax advisors or financial planners for optimal structuring. The Canadian Securities Institute offers various advanced courses, such as the Wealth Management Essentials course, that delve deeper into these techniques.

Recent Tax Law Changes

Recent revisions to tax legislations have placed more stringent rules around income splitting. The introduction of measures like the Tax on Split Income (TOSI) rules ensure that income is attributed and taxed appropriately, making it more challenging to spread income among lower-income family members.

Frequently Asked Questions (FAQ)

Q: What is the primary goal of income splitting?

A: The primary goal is to reduce the overall tax liability of a family unit by shifting income from higher to lower tax brackets.

Q: Can anyone use a Spousal RRSP for income splitting?

A: Yes, any Canadian with RRSP contribution room can contribute to a Spousal RRSP.

Q: Are family trusts easy to set up?

A: Family trusts involve multiple legal and administrative steps, requiring professional advice for proper establishment and maintenance.

Q: How have recent tax laws affected income splitting?

A: Recent tax laws, particularly TOSI rules, have made it more difficult to split income by placing limitations and higher scrutiny on such arrangements.

Key Takeaways

• Income splitting involves re-allocating income among family members to benefit from lower marginal tax rates.
• Tools like Spousal RRSPs, family trusts, small business corporations, and investment holding companies can facilitate income splitting.
• Professional advisement is critical due to complex structural and legal requirements.
• Recent tax law changes have introduced rules that limit the easy execution of income splitting strategies.

Glossary

Spousal RRSP

A retirement savings plan allowing a higher-income spouse to contribute to a lower-income spouse’s retirement account, potentially realizing tax savings.

Family Trust

A legal structure that holds and manages assets on behalf of beneficiaries, which often include children or other family members in lower tax brackets.

TOSI (Tax on Split Income)

A set of rules introduced to restrict income splitting by targeting specific types of income shared with individuals in lower tax brackets.

Investment Holding Company

A corporation established to manage and hold investments, enabling families to pool assets and potentially lower overall tax rates.

Charts and Diagrams

Tax Bracket Shift Diagram

    graph LR
	A[Higher Tax Bracket Earner] -- Contribution to RRSP & Trusts 
	--> B[Lower Tax Bracket Member]
	C{Reduced Total Tax Burden}
	A --> C
	B --> C