IPP suitability scorecard – Business owners and professionals

Expanded retirement tax-sheltering using defined benefit pension rules

Registered Retirement Savings Plan (RRSP) contribution room is calculated based on a percentage of an employee’s annual income. Comparatively, a defined benefit registered pension plan (your own RPP) combines income with actuarial factors such as an individual’s age and the plan’s features to open the way toward significantly larger tax-deductible deposits.

Qualified business owners and incorporated professionals may establish a plan for one person, or up to three pension members – including spouse and family employees.

Check the boxes here to see if it is suitable for you:

  Is the business owned by and run through a corporation? Or if it is a professional practice, is it operated through a corporation?

  Does the owner draw annual income of at least $70,000 to $100,000, either as employment income alone, or combined with dividends? 

  Is the business owner or professional at least 38 years of age, but no older than age 72?  

  Has the owner maximized RRSP contributions, but is still seeking more CRA-approved tax-sheltering opportunities? 

  Is there surplus corporate cash that is exposed to the punitive corporate tax rates on passive income? 

If you have at least three checks so far, then this could be your route to expanded tax-sheltered savings, and here’s more to consider.

  Would it be appealing to increase the amount for annual spousal income splitting, and make it available before age 65?

  Are there any concerns that business creditors may get access to corporate assets meant to fund the owner’s retirement? 

  Are there family employees for whom the owner would like to arrange a tax-deferred estate transfer, bypassing creditors and probate? 

  Is there an anticipated or pending business sale where excess assets may threaten the owner’s claim to the lifetime capital gains exemption?

  If planning to retire abroad, would the owner like allow for greater tax-deferral by limiting emigration tax on deemed dispositions? 

The ideal candidate for this kind of retirement pension will have at least six checks.

To learn more about how this can work for you, see the article IPPs – Individual pension plans.

IPPs – Individual pension plans

A business owner’s option for retirement savings

As a successful business owner, you likely maximize your annual registered retirement savings plan (RRSP) contributions and still have more to invest. So, is there is a way for you to make even more use of tax-sheltered retirement savings tools?

As it turns out, the Income Tax Act allows you, as the owner of a corporation, to set up an individual pension plan (IPP) for yourself as an employee of the business. By doing so, your corporation will be able to make larger tax-deductible contributions than available under RRSP rules, which in turn means larger deposits into retirement tax-sheltering for you as an employee.

Larger contributions with an IPP

Every worker is entitled to RRSP contribution room based on 18% of the previous year’s earned income. There is a dollar limit to that, which is indexed from year to year. The 2024 limit is $31,560, reached at 2023 income of $175,333. Any RRSP room not used in a year can be carried forward to make contributions in future years.

Unlike this direct calculation of RRSP contribution room, an IPP is a ‘defined benefit’ arrangement where the amount to be contributed is based on the benefit that will be required to be paid out of it. For both RRSPs and IPPs, investment growth is tax-sheltered while in the plan, with tax being deferred until payments come out to the annuitant/pensioner.

An actuarial calculation is required to make the IPP contribution determination, based on factors such as the employee/pensioner’s age, past employment income and projected future employment income, and the amount and terms of the eventual pension to be paid. Up until about the age of 40, RRSP rules provide more contribution room, but an IPP allows increasingly greater room as you move beyond that age.

Additional administration

An individual RRSP can be set up with fairly simple administration and low cost. An IPP has more complexity and higher cost, but for qualified candidates this is more than compensated by the added flexibility the IPP provides for retirement savings. As well, all fees involved in arranging an IPP are deductible to the employer corporation.

As a conscientious business owner, you will want to do a cost-benefit analysis with your investment advisor and tax professional. With larger start-up and periodic maintenance costs, an IPP will likely only come into consideration for those at higher income levels, generally at least $100,000. Still, sometimes it may be desirable to establish one while at a lower income level, in anticipation of moving up in income as the business builds.

A trustee must be appointed to manage the IPP under a formal pension agreement, and tax filings are more involved than for RRSPs. An actuarial report must be prepared when the IPP is established and triennially (every three years) thereafter, and provincial pension reporting may be required.

Provincial Developments

Pension rules protect pensioners from potential mismanagement of funds by employer-sponsors. Given the connection between pensioner and employer in an IPP, some provinces allow IPPs to opt out of pension rules, exempting the employer from mandatory contributions, and reducing reporting obligations and associated fees.

Provinces currently allowing opt-out are British Columbia, Alberta, Manitoba, Ontario and Quebec.

IPPs that have opted out of provincial oversight still employ actuarial rules to determine the maximum amount of contributions that may be made to a plan. All IPPs must be registered with the Canada Revenue Agency, and must fulfill annual tax reporting obligations.

Source and timing of contributions

On startup of the IPP, it is possible to fund past employment service as far back as 1991. The allowed amount is calculated by an actuary, then funded by:

    1. Transferring-in existing RRSP holdings;
    2. Making a deductible employee/personal contribution up to the amount of unused RRSP room; and,
    3. Making a deductible employer contribution for the remainder.

Ongoing, annual employer contributions by your corporation are also deductible. There is no income inclusion or tax benefit reported by the employee in the year those employer contributions are made.

The triennial actuarial test may reveal at some point that more has accumulated in the plan than is necessary for it to meet its pension obligation, based on the continuing contribution schedule. This would usually be a result of investment returns exceeding earlier expectations. When there is such a surplus, the employer/corporation’s funding will be temporarily reduced or suspended until things are back in line.

On the other hand, if the triennial test indicates a shortfall then the employer/corporation may be required to make further contributions. This built-in top-up feature allows an IPP to be replenished if investments underperform expectations, something that is not available under RRSP rules.

Per the information in the callout box on the first page, for an IPP that has opted out of provincial pension oversight the employer is exempt from mandatory annual contributions. For such plans, unused contribution room in a year may be carried forward to be used in future years at the discretion of the IPP trustee.

For all IPPs, the employer may be able to make a final deductible contribution before the pension begins if the actual conditions at that time differ from the assumptions used to fund the plan. This is called terminal funding.

Allowable investments

An IPP can usually invest in the same types of investments allowed for RRSPs. The rules are a little more restrictive, however, in that no more than 10% of the assets may be in any one security. This restriction does not normally apply to pooled investments like mutual funds, which themselves hold a basket of securities.

Pension payout time

There are three options on retirement:

    1. Take the pension pursuant to the terms in the pension agreement;
    2. Use the accumulated value in the IPP to purchase an annuity from an insurance company; or,
    3. Commute the value to make a tax-free transfer into a locked-in retirement income fund. Often the commuted value will exceed the tax-free transfer limit, owing to the generous IPP contribution rules. The excess is taxable, but there are no restrictions on the pensioner’s use of the net amount after the tax is paid.

As a final point, IPPs may be entitled to greater creditor protection compared to RRSPs, though this may not be the case if the IPP has opted out of provincial pension supervision. This may be an important issue for an entrepreneur looking to balance business and personal financial risk.

Your business succession in 49 questions

7×7 questions to frame your future

Your business is the source of your income, and the store of years of hard work. But despite your dedication as an entrepreneur, there will likely come a time when your focus shifts toward harvesting that value and moving on to the next stage of your life. 

Whether you’re thinking of selling or succession, it can be a complicated and time-consuming process. Setting the stage for the technical guidance from your legal and tax advisors, here are some questions to help prepare you and your business for succession, grouped as follows:

1. You personally – Financial planning perspective
2. Understanding you in the business
3. Your family and your business
4. Your people – Key players in the enterprise
5. Your time – Planning, closing and post deal date
6. Your payday – Who’s paying, how much & when
7. Your estate planning

1. You personally – Financial planning perspective

Financial planning is about where you are financially, where you’re headed, and how you’ll get there. It’s extra complicated for business owners, because the source of your income is also the store of a significant portion of your wealth – the old goose and golden egg situation. Still, we need to start and end with what it means on the personal level.

    1. Do you have a written personal financial plan?
    2. Are parts of your personal finances tied to the business, and do you know how you’ll make that break?
    3. Are you comfortable with your spending habits now, and what that will look like in your later years?
    4. Have you put your personal debt behind you, or do have a plan to get there?
    5. How much do you expect to realize from the business –or– how much must you realize to meet your needs?
    6. Do you understand investment markets, retirement savings plans and public pensions?
    7. How will you spend your time in your post-business years, whether or not you call it ‘retirement’?

2. Understanding you in the business

You need clarity on your importance to the business, to know what business you have to transfer. This is a cold hard look at your value in the business, so that it’s clear what is left when you are out of it. Think of this in terms of both personal satisfaction and financial return, then ask these questions about yourself and about your potential suitors/successors.

    1. Do you have a special entrepreneurial passion that makes the whole worth more than the sum of its parts?
    2. What technical skills, regulatory licences and proprietary knowledge are required to run this business?
    3. How much does your management experience and leadership factor into the business’ success?
    4. In all cases above, how long will it take to cultivate or transfer those elements to someone else?
    5. All that in mind, is this or can it be a self-sustaining business that can operate independent of who owns it?
    6. Alternatively, is this an occupation that requires a skilled substitute in place of you?
    7. Or finally, is the business uniquely you, and if so, what implication does that have for winding-down?

3. Your family and your business

Here’s your second cold hard look, this time at the people you care most about – your family. As tough as it may sound, your first priority must be to make sure that you realize from the business what you need to meet your own financial needs. That said, one of those goals is usually caring for family, individually and collectively, which in turn presents its own challenges.

    1. Who among your children/family have the skills to carry on the business?
    2. What skills may be lacking, how can they be obtained, and how long will that take?
    3. Who among the family expect to be future owners, and are you managing those expectations?
    4. What interpersonal conflicts have you observed, and will those get better or worse in your absence?
    5. Will those left out of leadership be content to continue in supporting roles as employees?
    6. Is it viable to have non-active owners, and how do you shield the active ones from any interference?
    7. Whether the transfer is a buyout or inheritance, how will you provide for those excluded – or will you?

4. Your people – Key players in the enterprise

As much as a business is an economic endeavour, it requires people to make it work. And in a small business, there is often a close connection with and among those people. These may be the future buyers of the business, or at least continuing contributors, so it’s important to know where opportunities and exposure may lie.

    1. Who are your key people in the business?
    2. When was the last time that you updated their job descriptions?
    3. Do they have critical knowledge or skills, the loss of which would endanger the business?
    4. Do you have employment contracts that include non-competition & non-solicitation terms?
    5. Are there operations manuals for all your main business processes?
    6. What are their expectations of continuing employment and/or eventual ownership?
    7. Upon an ownership change, would they remain with the business?

5. Your time – Planning, closing and post deal date

Running a business is one thing; arranging for its transfer is another. With family or internal buyers, it can be years of grooming. With an outsider, a get-to-know-you time period will be followed by a more formal due diligence process where you can take the lead from your legal and accounting advisors. Either way, it takes time.

    1. For arm’s length transfers to colleagues or family, is there a documented plan with agreed timelines?
    2. For non-arm’s length, practically how much time will it take to identify and close with a successor?
    3. In due diligence, how much time can you be away from the business without it being a strain?
    4. How long will your successor want you to remain to support the transition, and will you be compensated?
    5. With current business partners, do you have an executed buy-sell agreement?
    6. On disability or death, is each financially capable of carrying out the buy-sell, and/or is there insurance?
    7. If your successor is paying over the course of years,is there insurance in case of that person’s death?

6. Your payday – Who’s paying, how much and when?

The old adage is that a business is worth what someone is willing to pay. In a family succession, perhaps it’s what the owner may be willing to accept. As you look to determine value, whether in a sales negotiation or setting up for succession, you will need to come to a value first, and then determine how the transaction will be structured.

    1. What sustainable free cash flow does the business generate? (Discuss with a business valuator.)
    2. What’s the difference in value to you operating the business, versus someone paying to buy it from you?
    3. Assuming a corporation, will the sale/transfer be the assets or shares?
    4. Will payment happen all at once on the closing date, or in instalments over some years?
    5. Will future payments be charged interest and/or be adjusted by future performance of the business?
    6. For payments over time, can capital gains recognition be deferred to later years, and how long?
    7. How will payments be taxed, and for a corporation, do shares qualify for the lifetime capital gains exemption?

7. Your estate planning

The best laid plans can be unravelled if there is no adequate safety net to deal with untimely events like disability and death. These are personal tragedies that can be compounded when a business is involved. Whether you are in the process of running the business or turning your attention to passing it on, estate planning is good business planning.

    1. Do you have a Will that has been drafted with the business in mind?
    2. To support your executor, have you identified a steward who knows and can manage the business?
    3. Do you have Powers of Attorney for property & personal care, or a POA specific to the business?
    4. Is it worth having a secondary Will that isolates business corporation shares from probate exposure?
    5. For a complex business, have you considered a trust as part of the business ownership structure?
    6. Do your corporate documents allow for operation of an attorney or executor, as the case may be?
    7. For any tax-deferred transfers, have you arranged life insurance to settle any remaining tax liability?