Local Business
Sometimes it Pays to be Unreasonable – a TOSI story
TOSI – Tax On Split Income – the brain child that is going to tax the wealthy, and not the middle-class (and those working hard to join it).
In Episode 18 of my podcast, Brainstorming (+tax), we looked at the new Tax On Split Income rules, and brainstorm the idea: what if we were unreasonable on purpose?
Over the past year, a lot of emphasis has been placed on how only “reasonable” amounts of dividends can be paid to related shareholders.
So where is “reasonable” defined in the Income Tax Act?
Truth is, it isn’t, which makes it that much harder to comply or prove you are being “reasonable”.
In fact, the closest thing you can come to is in Section 67 that states:
“In computing income, no deduction shall be made in respect of an outlay or expense in respect of which any amount is otherwise deductible under this Act, except to the extent that the outlay or expense was reasonable in the circumstances”
Translation – if it looks unreasonable, then you cannot deduct it for tax.
This provision only disallows the deduction for tax purposes, it does not remove the fact that it still may be income to the recipient on the other side of the transaction.
So what does this mean?
It means that if I was going to pay a $100,000 wage to my spouse that is not active in my accounting firm it is extremely likely that the CRA would not allow the deduction in my corporation, and so I would not save the 12,000 of small business corporate income tax (or $27,000 of high rate) income tax the deduction would have given me.
Sounds like we should make sure we avoid this transaction doesn’t it?
But let’s brainstorm.
If I am a small business making less than $500,000 of profit in a year, and I want to pay my inactive spouse a dividend, in Alberta, she is going to pay roughly 41.6% on every dollar I allocate to her under the new Tax On Split Income rules.
If she is already in the highest tax bracket, then there is no issue, because it is the same rate either way. In fact the real impact is on those that are not in the highest tax brackets.
So what happens if instead of giving her a $100,000 dividend, I decide to pay her an unreasonable salary of $100,000 instead?
Now before we go any further, we must keep in mind that there may be other payroll taxes and the CPP to consider in these calculations which could change your results, but you will see that at lower amounts, this becomes less of a concern, and more of a plan.
So in Alberta if I paid my inactive spouse that has no other income, a $100,000 dividend would cost $41,600 in taxes. However, if I paid her a wage, she would only pay $24,600 in taxes.
What would I lose?
Assuming that the $100,000 is not deductible, and I am a small business, I would not get the deduction and lose the $12,000 in savings that the deduction could have given me.
But do we care?
Keep in mind, even by losing that deduction, dividends are not deductible either, so the tax inside the corporation is the same either way. The real difference then, is a Tax On Split Income Dividend vs the tax on the Unreasonable Wages.
In this Alberta small business example, the difference is $17,000 before factoring in CPP requirements.
Now I’ve done the math for every province, and it appears to work for almost every situation where the active spouse is already in a high tax bracket situation.
Every single province shows a benefit of doing this in either the small business, or the large corporation that has no small business deduction.
What we have to look at, however, is the balance between having the ACTIVE taxpayer receive a dividend based on their tax brackets, vs the inactive taxpayer receiving an unreasonable salary as well as any related payroll costs and compliance costs (those pesky accountants).
Now will the CRA or Finance look for other ways to close this possibility down?
Will they try to argue that there is somehow a “shareholder benefit” by having something not deductible to a corporation?
What about our friend the General Anti Avoidance Rule?
While I personally think those are both a bit of a stretch, it definitely seems to be something to think and be aware about in your specific circumstances.
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Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr is the President & Founder of CGL Strategic Business & Tax Advisors; you can find out more about Cory’s biography at http://www.CGLtax.ca/Litzenberger-Cory.html
The Downtown Business Association (DBA) Board of Directors has made the decision to wind down the Association’s operations at the end of 2025.
The Board determined that the Association is no longer able to operate sustainably under the financial framework available for 2026. After exploring all reasonable alternatives, the Board concluded that it could not continue without reducing services to a level that would no longer provide meaningful value to levy-paying businesses.
The DBA does not receive any operating funding from City Hall in a regular year, all funds raised are through Business Improvement Area Levy that consists of a mandatory levy placed on all businesses operating within the Business Improvement Area. These funds are legislated under the Municipal
Government Act, to be used to promote the Business Improvement Area, which is achieved through marketing and event initiatives along with providing advocacy support primarily to local government on behalf of the business community.
In recent years, the DBA has been a committed advocate for re-examining the approach to Downtown Governance. The Board has consistently maintained that the responsibility for funding downtown initiatives in such a socially charged environment should not rest solely with the business community.
Despite their efforts, the DBA recognized that the funds generated through the Business Improvement Area Levy were insufficient to effectively address the growing challenges of the current operating environment. This ongoing financial strain highlighted the need for a more equitable and sustainable
model to re-establish the downtown as a safe and welcoming heart of the city.
At the annual DBA budget presentation to City Hall, the DBA requested the essential funding needed to implement the Greater Downtown Governance Committee’s recommendations — work that the DBA is uniquely positioned to lead and has been delivering despite depleting resources for many years. The request was not approved. Instead, The City offered a one-time $100,000 Grant-in-Lieu, paired with a proposed 60% increase to the Business Improvement Area levy in 2026.
After careful analysis, the Board concluded that increasing the levy would place undue strain on already challenged businesses and compromise the DBA’s role as a trusted advocate. Operating with the reduced funding of $225,000 would require further staff reductions in an already under resourced environment and a significant reduction in programs, making it impossible to deliver the level of support that downtown businesses deserve and vitally need.
Beginning January 1, 2026, the City of Red Deer will become the primary contact point for matters previously supported by the DBA, including downtown support programs, business-district coordination, events, safety and cleanliness support, and stakeholder engagement. The DBA will work with City staff to support a smooth transition.
The DBA will continue to provide Clean Team services through the delivery of the City-funded environmental contract until February 1st, 2026.
Quote from CEO, Amanda Gould:
“To our business community, we have always operated with your best interests in our heart, continually driving the vision of a thriving downtown environment that serves every member of our community. The changes ahead will have a significant impact on downtown, as there will no longer be an organization dedicated to ensuring the downtown remains top-of-mind, leading events, marketing initiatives, or advocating on your behalf. It is likely you will experience less coordinated support and collective representation.
After 13 years of service to you and our beautiful downtown, it is with great personal sadness that we find ourselves here, but our message remains clear – addressing the unique challenges of our downtown should not rest solely on your shoulders. We cannot, in good faith, collect a levy that does not enable us to provide the essential services needed for our evolving downtown landscape”.
Quote from DBA Board Chair, Brandon Bouchard:
“The incredible staff at the Downtown Business Association have consistently delivered on their mandate with outstanding dedication and effectiveness. Through their efforts, they have successfully promoted the downtown area, organized impactful marketing and event initiatives, and provided steadfast
advocacy support for the business community. Their work has extended well beyond the legislated requirements, as they have proactively responded to the evolving needs of downtown businesses, adapting to challenges and supporting operations within a complex and changing environment.
Despite the staff’s relentless commitment to positioning the DBA as an effective leader for downtown interests, the absence of a sustainable funding model has made it impossible to continue delivering meaningful support. The Board cannot, in good conscience, propose a levy that does not enable the
Association to meet the required level of service, address the shifting priorities of the business community, or respond to the continually evolving needs of the downtown”.
From Community Futures Central Alberta
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