Canada

Why Canada

canada

In 2011, Canada ranked #1 in Forbes’ Best Countries for Business list. The country earned its top spot due to its trade freedom, investor protection, low corruption, minimal red tape and low corporate tax rates. As of December 2018, Canada ranks #6 on the Forbes list. Canada's major banks emerged from the financial crisis of 2008-09 among the strongest in the world.

Forms of Business registrations in Canada

Sole Proprietorship

A sole proprietorship is informal and easily created, which is why it is the most common structure chosen by new businesses. In this structure, the business and the operator are one and the same in the eyes of legal and tax authorities.

Tax law treats a sole proprietorship as an income source for the proprietor and therefore requires that the business’s financial details be listed in a separate section of the personal income tax form.

Partnership

In Canada, a partnership is similar in nature as sole proprietorship, but instead of one proprietor there are two or more. As with a sole proprietorship, there is no legal structure for a partnership.

However, partners usually have some type of contractual agreement that governs, in percentage terms, the sharing of revenues, expenses and tasks. When preparing their taxes, the partners apply those same percentages to their income and expenses. The owners or partners can individually bind the partnership with assets and obligations, so it is important to choose partners that fit with the organization, its goals and values.

Cooperatives

A cooperative is a body corporate that adheres to the cooperative principles. A co-operative is a legally incorporated corporation that is owned by an association of persons seeking to satisfy common needs such as access to products or services, sale of their products or services, or employment.

Corporations

Corporations are more complicated legal structures compared to sole proprietorships or partnerships. Incorporation creates formal ownership shares, which produces a taxation and legal distance between the company and the shareholders. This in turn has tax advantages for the owners, who are usually paid as employees of the corporation.

Corporations provide some liability protection for the corporation’s debts and offers some measure of protection for a company’s name. Company officers and shareholders may come and go, but the corporation exists until it is wound down. Corporations must keep meticulous records and report their financial situations to competent authorities yearly. Therefore, their financial statements must be audited annually by chartered accountants.

Corporations can be formed under two different territorial regimes:

Federal Incorporation

When going for company registration in Canada, this form of corporation can be utilised. When starting a federal corporation under company registration in Canada, the laws of Canada would be applicable to the company and is good for protecting your company name across Canada.

Provincial Territorial Incorporation

Canada is divided into thirteen provinces or territories. Each territory has its the local laws which would be applicable for starting a business in Canada. One can choose only to register provincially, if one plans to do most of your business within your province.

Foreign Corporation in Canada

Existing foreign corporations can operate in either of the manners:

Branch office

To open a branch office, the foreign corporation must make an application for registration as an extra-provincial or foreign corporation in each province in which the business intends to operate.

Subsidiary

A subsidiary is a Canadian corporation whose shares are held by a foreign parent company. A subsidiary can be incorporated federally or provincially. Compared with a branch office, incorporating a subsidiary gives the parent company limited liability from the actions of the subsidiary.

Taxation

TAX Rates

The basic rate of Part I tax is 38% of your taxable income, 28% after federal tax abatement. After the general tax reduction, the net tax rate is 15%.

For Canadian-controlled private corporations claiming the small business deduction, the net tax rate is 9%.

The corporation's tax year is its fiscal period, which cannot be longer than 53 weeks (371 days). Corporations should use the date of incorporation as the tax year start. For all subsequent returns, your tax year start will be the day after your tax year-end. File your return no later than six months after the end of each tax year. The tax year of a corporation is its fiscal period.

Any payment received for services provided in Canada is subject to a 15% tax withholding, which must be remitted to the CRA by the person making the payment. This withholding is a payment on account of the corporation's potential tax liability to Canada.

Federal Corporations

Provincial Corporations
Type
Body Incorporate
Body Incorporate
Coverage
Whole in Canada
Only the Selected Province
Cost of Incorporation
Higher cost as compared to Provincial Corporations
Lower cost as compared to Federal Corporations
Annual Filling
More Annual Paperwork
Lesser Paperwork
Dual Compliance
In case of Federal Incorporation will require additional registration in the province of operation
In case of provincial registration only registration with provincial authorities is enough.
Branch Reach
Protection your business name across whole of Canada
Protects business name only in territories of registered province.

FAQs

Qu. Is there a need of residential director in Canadian corporations?

Ans – Yes, major provinces in Canada require minimum 25% of directors to be resident.

Qu. How many Directors and Shareholders are required for Corporation in Canada?

Ans – At least 1 Director and 1 Shareholder are required to register a corporation in Canada.

Qu. Do one need a local address for Registered office of the Corporation in Canada?

Ans – Yes, corporation shall at all times have a registered office in the province in Canada specified in its articles

Qu. What is the minimum capital requirement for incorporating a corporation in Canada?

Ans – No capital requirements are imposed when setting up a corporation in Canada.

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