What is Income Splitting?

by Tax Guy on February 11, 2010 · 15 comments

The income tax you pay is based on a set of progressive tax rates. This means that the amount of income tax you pay increases as your taxable income increases. For example, in 2009 you would pay federal income tax of:

  • 15% on the first $40,726 of income you earn,
  • 22% on the next $40,726,
  • 26% on the next $44,812, and
  • 29% on any taxable income over $126,264.

In addition to the federal income tax, each province in Canada charges progressive tax rates. Therefore, Canadians are motivated to lower their overall income tax payable by splitting income with family members.

Income splitting is a strategy of shifting income from a higher income earner to a lower income earner in order to reduce the overall tax paid by the family.

Limits To Income Splitting

The government needs tax revenue and has limited many of the income splitting opportunities. However, some income splitting opportunities still exist that will allow you to split income with your spouse or other family members.

Some Income Splitting Is Encouraged!

While many of the income splitting opportunities can be somewhat complicated, the government has specifically allowed Canadians to income split in three ways:

  • Spousal RRSP’sSpousal RRSP’s allow one spouse to contribute to the other spouses’ RRSP. This allows the higher income spouse to lower their income now and then use the spousal RRSP to even the income earned in retirement.
  • Pension Income Splitting – For those who receive a pension income, you can split pension income with your spouse.
  • TFSA’s – Money you give to your spouse that is put in their TFSA is exempt from the income splitting rules.

If you want to learn more about other income splitting opportunities, look at my article on income splitting opportunities. You should read my article on the right way and wrong way to split income.

Questions About Income Splitting?

Do you have a question about income splitting? Have you tried to split income and ran into trouble with the CRA? Ask your question or share your experience by leaving a comment.

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{ 15 comments… read them below or add one }

1 R.E. Rowell January 3, 2009 at 12:28 am

Just a caution on Pension Splitting!

If a spouse is in a nursing home and their fees are supplemented by the Ontario Government, their rent could be increased because the Pension Splitting has increased their Net Income which is the basis for calculating the supplement!

One of my clients had to repay over $3,000 as the rent increase was more than the tax saving!

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2 Tax Admin January 13, 2009 at 8:29 pm

Yes. Be aware that splitting income with your spouse using the pension splitting rules may have some unintended consequences. The CRA addresses this issue on their website.

Allocating pension income to a spouse or common-law partner reduces the pensioner’s net income and increases the spouse or common-law partner’s (the Pension Transferee) net income. As a result, benefits and tax credits that are calculated based on the total of the net incomes of both spouses or common-law partners (such as the GST/HST credit) will not change as a result of pension splitting.

However, pension splitting will affect any tax credits and benefits that are calculated using one taxpayer’s net income, such as the age amount, the spouse or common-law partner amount, and the repayment of Old Age Security benefits.

The allocation of pension income may also affect certain federal, provincial, or territorial programs.

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3 Dawn H February 25, 2010 at 2:19 pm

I work and make about $76000.00 my husband is retired and makes about $35000.00 can we income split while i am still working?

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4 Tax Guy February 25, 2010 at 4:32 pm

@Dawn – I have edited out your last name form the post.

If your income is employment income, there really little you can do to split income on your employment income. You can save taxes by having your spouse do the investing with his money. In this scenario, you pay all of the bills, including his income tax and he invests his money. All investment income is then taxed in his hands.

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5 rick s March 14, 2010 at 3:48 pm

I am a sole proprietor working as a carpenter. Is there a way to transfer some of my income to my sons. They are under 18 and live at home. They do not actually work on site with me but I was wondering if I could make them partners in my business and then claim some of my income on their returns. As non working partners I would not have to carry wcb coverage for them? Just looking for a way to reduce my taxable income

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6 Tax Guy March 14, 2010 at 7:14 pm

@ Rick: If they worked in the business, you could pay them a salary. Otherwise you may be able to incorporate your business and make your children shareholders. Speak with an accountant before doing so to ensure the structure is appropriate.

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7 Hadi April 5, 2010 at 3:41 pm

My wife inherited some money and put it in GIC and T5 is %100 to her name, and we have son in university and we pay all his expenses. is there any way she could splitt this GIC income with him.

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8 Tax Guy April 5, 2010 at 3:59 pm

Hadi:
If your son is over the age of majority for your province, then you can gift all or a portion to the child. Any income would then be taxed in his hands.

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9 Pepe April 6, 2010 at 1:36 pm

I am self-employed in a high tax bracket and my spouse is a full-time student, with no taxable income. I pay for her studies – can I claim the amount as a (business) expense against my 2009 income and if yes, does this have to be structured as a student loan? Thanks.

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10 Dean April 10, 2010 at 11:02 am

My question is similar to Pepe. I am employed at $60K/year and my spouse is a full-time student, with no taxable income. I pay for her studies – can I claim the amount as an expense against my 2009 income and if yes, does this have to be structured as a student loan? Also, can I split my income with her? What are my options?

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11 Tax Guy April 12, 2010 at 9:01 am

Hello Dean:

The tuition tax credit may be claimed by your spouse and any unused portion may be transferred to you. Your spouse needs to sign over the credit on form T2202.

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12 l russell April 16, 2010 at 6:54 pm

I am having great difficulty filing out the form for pesnion income splitting.

I plugged our numbers into ufile and it’s calculation advises pesnion income splitting would be beneficial. However I cannot make sense of the form.

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13 Tax Guy April 17, 2010 at 2:42 pm

The form T1032 is the pension splitting form. Step 2 is used to caclulate how much of your income you can split. Step 3 asks you how much you want to split and says it cannot be more than the amount is Step 2.

Step 4 is used to figure out what amounts go on whose return. The rest of the form is faily straight forward.

I’m looking at the paper based version. You can see a copy here: http://www.cra-arc.gc.ca/E/pbg/tf/t1032/README.html

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14 Liesel July 22, 2010 at 4:04 pm

I am self employed in one field, but I do some work for my husband in another field on an irregular basis. We would like to split his income – he is the higher income earner. Does he have to pay me a salary and benefits, or could I just invoice him for the actual hours worked? As I mentioned, I am self-employed and any EI he would pay would never allow me to qualify for benefits in any case.

So, in essence, does income splitting assume a salary or not?

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15 Tax Guy July 23, 2010 at 9:24 am

He can either pay you a salary or you can invoice him for services. If he pays a salary, he does not have to deduct or remit EI.
 
A couple of thoughts. You do need to ensure that the remuneration received & paid is reasonable and comparable to what he would pay someone else for the same work (i.e. you should avoid having artificially high rates for the work). Prepare a written document outlining the work that will be done in the form of a job description. Finally, make absolutely certain you document when you worked, for how long and what you did. This does not require extensive notes but rather just a short description (i.e. June 25th – 9am to 1pm – Bookkeeping, invoicing and print financial statements).
 
I suggest you pick up a paper appointment calendar or small desk calendar and enter the information there. It’s quick easy and you can pick it out of a file if the CRA asks you to substantiate the payments.
 

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