Shareholders & Families

Can I Pay My Spouse or Children?

Paying family from the business is legal, common, and heavily policed. Wages must be earned and reasonable; dividends must clear the tax on split income rules. The paperwork is the plan.

Numera Decision LibraryGrounded in official sourcesEducational publication
Why this decision matters

Splitting income with lower-taxed family members is one of the oldest ideas in Canadian tax planning — which is exactly why Parliament has spent decades narrowing it. What remains is real, but conditional.

There are two channels: paying wages for work actually performed, and paying dividends on shares family members actually own. Each has its own tests, and both are examined with the same question: would you have paid a stranger the same amount for the same thing?

The central idea

Family can be paid for real work at real rates, and for real ownership that clears TOSI. Everything else is taxed at the top rate.

Salaries to a spouse or child are deductible when the work is genuinely performed, the amount is reasonable for the duties, and the payment is actually made and documented — timesheets, job descriptions, payroll records, and payments into the family member's own account. A reasonable wage to a teenager doing bookkeeping or social media is legitimate planning; a phantom salary is not.

Dividends face the tax on split income (TOSI) rules, which tax family dividends at the top marginal rate unless an exception applies. The main gateways: the family member works an average of at least 20 hours per week in the business (this year or any five previous years); or they are 25 or older and hold 'excluded shares' — at least 10% of votes and value in a corporation that earns less than 90% of its income from services and is not a professional corporation. A spouse aged 65 or over receives special relief mirroring pension splitting.

What changes the answer

Factors that matter

  • Real work, provable hoursThe 20-hour-per-week average is the most durable TOSI exception — and it demands contemporaneous records.
  • Nature of the corporationService businesses and professional corporations are excluded from the excluded-share test, closing the ownership gateway.
  • Age of the family memberDividends to minors are effectively always top-rated; several exceptions open only at 25.
  • Reasonableness of wagesCRA compares pay to market rates for the same duties. Documentation converts opinion into evidence.
  • Attribution rulesGifting or lending money to a spouse to buy shares can attribute the income back to you — the funding path matters.
Decision framework

Before you decide

  • What work does each family member actually perform, and what would I pay a stranger for it?
  • Can we evidence 20 hours per week — schedules, logs, emails, deliverables?
  • Do the shares held by family meet the excluded-share tests?
  • How were the family members' shares originally funded?
  • Are payroll accounts, T4s, and T5s all being filed correctly for family members?
Practical next steps

Move from question to action.

01

Write a one-page role description and market-rate justification for every family member on the payroll.

02

Run family wages through payroll like any employee — source deductions, T4s, direct deposit to their own account.

03

Before paying family dividends, walk each recipient through the TOSI exceptions with your accountant and document the conclusion.

04

Keep hour logs for anyone relying on the 20-hour exception.

05

Review the plan whenever a child's age, role, or the corporation's income mix changes.

Educational use notice

This publication is part of the Numera Decision Library and is provided for education only. It is general information — not accounting, tax, legal, or investment advice — and it does not consider your personal circumstances. Every guide is grounded in official guidance from government and regulated authorities — including the Canada Revenue Agency (CRA), the Department of Finance Canada, Service Canada and Employment and Social Development Canada, the Internal Revenue Service (IRS), and the Canadian Centre for Cyber Security — with the sources listed at the end of each guide. Tax rules and dollar limits change; confirm current figures with the official source, and speak with a qualified professional before acting on any decision discussed here.

Official references

Sources are official government and regulated-authority publications. Official sites reorganize periodically — search the document title if a link has moved.

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