TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
№ 103 Tax

The Tax Deferral Advantage of Incorporating Your Ontario Business

Incorporating in Ontario lets business owners defer personal tax by leaving profits in the corporation at a low rate. Learn how the deferral works and when it pays off.

Tax5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-06
All articles
Key takeaways
  • Suppose your Ontario business earns income that is taxed inside a CCPC at the low small-business combined rate (federal plus Ontario).
  • Tax deferral does not mean tax avoidance.
  • You Earn More Than You Need to Live On If your business generates more income than you need to cover personal expenses, the surplus can sit inside the corporation and benefit from the…

Ask any accountant why a profitable Ontario small business should incorporate, and "tax deferral" is near the top of the list. The concept is straightforward: a Canadian-controlled private corporation (CCPC) that qualifies for the small business deduction pays a much lower combined federal-provincial corporate tax rate on its active business income than most Ontario individuals pay at their top personal marginal rate. Money that stays inside the corporation is taxed at the low rate. You only pay personal tax when you withdraw money from the company — which you can choose to do in a later year when your personal rate may be lower.

That gap between the corporate rate and your personal rate is the deferral advantage. It is not tax elimination — you will eventually pay personal tax when you take the money out — but you get to keep and invest the pre-personal-tax dollars inside the corporation in the meantime. Over years or decades, compound growth on the deferred amount can be significant.

A Simple Illustration of How Deferral Works

Suppose your Ontario business earns income that is taxed inside a CCPC at the low small-business combined rate (federal plus Ontario). The same dollar earned personally would be taxed at a higher marginal rate. The difference between those two rates — the deferral amount — stays in the corporation.

As of writing, the combined small-business corporate rate in Ontario (federal plus provincial) and the top Ontario personal marginal rate sit at levels that create a meaningful deferral opportunity. Confirm current rates with the CRA and your accountant before making decisions, as budgets can change them.

If you leave $100,000 of profit in the corporation each year and invest it at even a modest return, the compounding effect on the deferred tax dollars over a decade is meaningful. This is why tax deferral is often cited as the single biggest financial benefit of incorporating for a high-earning self-employed professional or entrepreneur.

When the Deferral Must End

Tax deferral does not mean tax avoidance. When you take money out of the corporation — whether as salary, dividends, or a return of capital — you trigger personal tax. The tax system is designed to be roughly integrated: the total tax paid by the corporation plus the personal tax paid by the shareholder on the distribution should approximate what you would have paid had you earned the income directly.

The deferral advantage only exists for the period between when the corporation earns the income and when you withdraw it. The longer you can leave profits in the corporation, the more value you extract from the deferral. Conversely, if you need every dollar of corporate income to fund your personal living expenses each year, the deferral advantage shrinks considerably.

When Incorporation for Deferral Makes Sense

You Earn More Than You Need to Live On

If your business generates more income than you need to cover personal expenses, the surplus can sit inside the corporation and benefit from the lower rate. If you need all of the money for living costs, the deferral is minimal.

Your Personal Marginal Rate Is Significantly Higher Than the Corporate Rate

The larger the gap between your personal marginal rate and the corporate small-business rate, the more powerful the deferral. In Ontario, top earners face a combined federal-provincial marginal rate that significantly exceeds the small-business corporate rate. Confirm current marginal rates with your accountant.

You Have a Long Time Horizon Before You Need the Money

A 40-year-old professional who incorporates and leaves retained earnings invested inside the corporation has decades for the compounding effect to work. Someone who plans to retire in three years gets much less benefit.

You Can Reinvest Retained Earnings in the Business

The most powerful version of deferral is keeping earnings inside the corporation and reinvesting them in active business activities — equipment, employees, expansion. Passive investment of retained earnings (stocks, bonds, rental properties inside the corporation) works too, but passive income inside a CCPC is subject to additional rules including the passive income grind on the small business limit.

Risks and Trade-Offs

Complexity and Cost

Running a corporation costs money: annual filings, accountant fees, potential legal costs, and more administrative overhead than operating as a sole proprietor. If the deferral benefit is modest — because profits are low or you withdraw everything anyway — the cost of incorporation may outweigh the benefit.

Passive Investment Income Rules

As noted, earning significant passive investment income inside a CCPC can reduce or eliminate the small business limit, shrinking the deferral window. The rules are designed to prevent corporations from being used as personal investment accounts at preferential rates.

Capital Gains Inclusion Changes

Tax rules around capital gains and corporate structures have evolved over the years. Changes to the capital gains inclusion rate or to the lifetime capital gains exemption can affect planning that relies on incorporating to shelter future sale proceeds. Stay current with your accountant.

Life After Incorporation: Getting Money Out

Ultimately, you will want to get the money out of the corporation — through salary, dividends, a capital dividend account distribution, or selling the shares. Each exit path has its own tax consequences. Planning for how you will eventually extract corporate wealth is as important as the deferral strategy itself.

Frequently asked questions

Does deferral work for a professional corporation (doctor, dentist, lawyer)?

Yes, if the professional corporation qualifies as a CCPC and earns active business income. Many Ontario professionals incorporate for exactly this reason. Check with your accountant to confirm your corporation's eligibility.

Is it too late to benefit from deferral if I've been a sole proprietor for years?

No. You can incorporate at any point. Future profits will be sheltered at the corporate rate going forward. Assets transferred from a sole proprietorship into the corporation must be handled carefully to avoid immediate tax triggers — a tax accountant and corporate lawyer should manage this.

What if I need all my income personally each year?

The deferral benefit is minimal. You may still want to incorporate for liability protection or other reasons, but the pure tax deferral argument is weakened if you extract all profits annually.

How do I get the retained earnings out tax-efficiently when I retire?

Common strategies include spreading dividends over multiple low-income years in retirement, using the capital dividend account, and structuring a share sale to access the lifetime capital gains exemption. These are complex and require professional planning well in advance.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

This is a tax question

Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.

ContactStart a File →