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  • Writer's pictureKelly Leung

To Incorporate or Not: An Influencer's Guide to Navigating Business Structures and Tax Strategies



Ah, the life of an entrepreneur. It's like living in a constant episode of "Shark Tank," except you're always the one pitching, and the sharks are your monthly expenses, legal considerations, and the existential dread of, "Am I doing this right?"


So, here you are, coffee in one hand, smartphone in the other, contemplating one of the big questions of modern-day business: To incorporate or not? Let's break it down, but not in a stuffy boardroom way. More like a "quick chat over avocado toast" way.



Going Solo: The Instagram Influencer Approach

Imagine you're an Instagram influencer (or you are one!). Everything you do is tied directly to you. Your personal brand is your business brand. This is the essence of being a sole proprietor. You're the captain of your ship, sailing the vast seas of commerce with the wind of independence in your sails.


Pros:

  • Flexibility: You can pivot faster than a TikTok trend. New idea at 2 AM? Go for it. Want to transform your business model? No need to ask the board; you are the board.

  • Simplicity in Taxes: Tax time is like using a filter to make your sunset photo pop. You just add your business income to your personal taxes, and voilà, you're done.

Cons:

  • Riskier Than a Viral Dance Challenge: If your business stumbles, your personal assets (like your savings or even your PlayStation 5) could be at risk. It's all fun and games until someone falls off the chair doing the #ChairChallenge.

  • Funding is Like Getting into an Exclusive Club: It's tougher. Banks and investors might look at you like a bouncer looks at someone without VIP status. "You want to come in? Show us what you've got." Being incorporated definitely gives you the edge to get the creditability and funds you might be look for.


How does the Tax Work?

Think of sole proprietorship taxes as managing your Instagram story within the same account. It's all about you, and reporting is straightforward — the story is just part of your entire account.


How It Works:

  • Income Tax: Just like adding your daily coffee to your Insta story, you add your business income (or loss) directly to your personal tax return. It's all in one place, no switching accounts necessary.

  • Expenses: While you can use hashtags to get more visibility, similarly, you can use business expenses deductions (marketing, home office, travel) to lower your taxable income.

  • Self-Employment Tax: Here comes the not-so-fun part. If you're making a decent profit, you're on the hook for both the employee and employer portions of Canada Pension Plan (CPP) contributions, which can feel like a double tap that doesn’t result in likes.


 

Incorporating: The Netflix Series With a Spin-off

Incorporating is like your business getting its own spin-off series. It's no longer just a part of your life story; it's got its own plot, characters (employees), and even its own bank account. Welcome to "Your Business: The Incorporated Chronicles."



Pros:

  • Limited Liability is the VIP Pass: Personal assets? They're backstage, protected from the mosh pit of business liabilities. Your business can go crowd-surfing, and your personal assets stay safe.

  • Funding Gets Easier: It's like your business just dropped a viral video. Banks and investors are more likely to give you a thumbs up. Plus, that "Inc." or "Ltd." is like a blue checkmark of credibility.

Cons:

  • Paperwork Galore: Get ready for more forms than Instagram has filters. Incorporating means dealing with legal requirements, annual filings, and more. It's the admin version of keeping your social media accounts well maintained.

  • Increased Operating Costs: Incorporating is like upgrading from a home office to a professional studio. It brings enhanced stature but also higher ongoing expenses such as annual filings, corporate tax services, and more complex accounting needs. While it equips your business for growth, it also means a commitment to managing these additional costs effectively.

How does the Tax Work?

Incorporating your business turns it into a separate legal entity — think of it as creating a brand new corporate Instagram account, distinct from your personal one. It has its own tax implications, followers (shareholders), and content (financial activities).


How It Works:

  • Corporate Income Tax: Your corporation pays taxes on its income at the corporate rate, which is lower than personal tax rates. And as long as you keep your funds in the corporation, you can benefit from tax deferral.

  • Income Splitting - Sharing the Spotlight: Incorporation allows for potential income splitting opportunities with family, potentially lowering the overall tax burden. It's a strategy akin to distributing roles in a play to utilize each actor's strengths. By paying dividends to those in lower tax brackets, you can optimize the tax efficiency of your business profits. However, the rules around income splitting has changed greatly since 2018, so seek guidance from a professional to ensure you are on the right track.

  • Dividends: You can decide to distribute its profits to you (the shareholder) in the form of dividends, this is akin to sharing exclusive behind-the-scenes content with your VIP followers. However, these dividends get taxed at your personal rate, albeit with a dividend tax credit to offset the double taxation.

  • Salary: Paying yourself a salary from your corporation? That's like tagging yourself from your business account. The salary is deductible to the corporation (yay, tax savings there!) but taxable to you personally (at a higher rate than dividend). Plus, you'll pay into CPP on this salary, just like how tagging leads to more engagement.


The Plot Twist: Small Business Deduction

For Canadian-controlled private corporations (CCPCs), there's a plot twist better than finding out your favorite character isn’t really dead in a TV series. The small business deduction lowers the corporate tax rate (e.g. 12.2% if you reside in Ontario) on the first $500,000 of active business income, making the corporate route even more enticing for entrepreneurs dreaming of their business empire.


The Credits Roll: Other Considerations

  • GST/HST: Depending on your business’s revenue, you might need to register for, collect, and remit GST/HST. Think of it as needing to verify your account once you hit that follower threshold.

  • Provincial Differences: Just like how Instagram features can vary by country, tax rates and credits can differ significantly between provinces. Always make sure you are in line with local rules.

 

Keeping It Real: What's Best for You?

Choosing whether to go solo or incorporate is like deciding between posting a polished Instagram story that takes hours or a raw TikTok. Both have their place and benefits, and what works for you might not work for someone else. Consider your business goals, risk tolerance, and whether you see your business as a long-term series or a short, impactful post.

Remember, it's okay to start small and dream big. Many successful businesses began as side hustles and grew into empires. What's important is to make informed decisions, adapt, and always keep your audience (customers) engaged. Of course, managing your finances is all part of growing your business, with the tax hat in mind!


The Bottom Line

Whether you choose to incorporate or not, remember, you're not just building a business; you're creating a brand, a story, and a legacy. Make it authentically yours, relatable, and something that resonates with your audience. And when in doubt, consult with a professional.


Now, go forth and conquer the business world, one decision at a time. And who knows? Maybe your next move will be the start of something that goes viral for all the right reasons.






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