Entrepreneurship & Small Business

Can I deduct my child's post secondary tuition as business expense?

  • Last Updated:
  • Jul 30th, 2021 2:20 am
[OP]
Member
Jun 13, 2005
248 posts
70 upvotes

Can I deduct my child's post secondary tuition as business expense?

I have a 1 person professional corporation and have a university student child that is studying in the same field as business.

It is possible to deduction the child's tuition as a business expense somehow? I've heard that it may be allowed if the child's field of study is the same as the business field.

Any help is appreciated.

Thanks.
10 replies
Deal Addict
Dec 13, 2007
2028 posts
543 upvotes
Toronto
phejy wrote: I have a 1 person professional corporation and have a university student child that is studying in the same field as business.

It is possible to deduction the child's tuition as a business expense somehow? I've heard that it may be allowed if the child's field of study is the same as the business field.
You can deduct whatever you want. Will it survive an audit? Hell no.

How do you figure your idea makes any sense? SMH
Member
Jun 23, 2010
365 posts
143 upvotes
slavka012 wrote: You can deduct whatever you want. Will it survive an audit? Hell no.

How do you figure your idea makes any sense? SMH
Actually...it is possible if structured properly with the right documentation and support. Way beyond the scope of this forum, you should talk to your accountant.

General guideline, it has to be something that is open to all employees and not given because your a shareholder. If your not an employee of your corporation, don't even bother.

CRA Tax Folio

3.20 The determination of whether an employer and employee are dealing at arm’s length, or whether a benefit is received by an employee-shareholder in his or her capacity as an employee or as a shareholder, involves findings of fact. There is a general presumption that an individual receives a benefit by virtue of his or her shareholdings in those situations where the shareholder, or shareholders, can significantly influence business policy, except where the individual is able to establish otherwise. Exceptions to this presumption would be a situation where the benefit is available to all employees of the Corporation under the same or similar circumstances, or a situation where the benefit is comparable in nature and quantum to benefits generally offered to employees who perform similar services and have similar responsibilities for other employers of a similar size.
Your friendly Ontario neighbourhood accounting firm owner and business professional (MBA, CPA, CFA)
Deal Expert
User avatar
Feb 8, 2014
28824 posts
12526 upvotes
Socially Distanced
You get points for creativity! Winking Face

It may be possible if they work for you and you pay them wages and they are going to school paid by the business (similar to if you work for a corporation and they pay for your tuition).
That said for a dependent child i'm going to guess the CRA will tear you a new one if it is not allowed and if it is you probably have to structure it carefully based on professional advice.
In fact in Rand McNally they wear hats on their feet and hamburgers eat people
[OP]
Member
Jun 13, 2005
248 posts
70 upvotes
Tiberious wrote: Actually...it is possible if structured properly with the right documentation and support. Way beyond the scope of this forum, you should talk to your accountant.

General guideline, it has to be something that is open to all employees and not given because your a shareholder. If your not an employee of your corporation, don't even bother.

CRA Tax Folio

3.20 The determination of whether an employer and employee are dealing at arm’s length, or whether a benefit is received by an employee-shareholder in his or her capacity as an employee or as a shareholder, involves findings of fact. There is a general presumption that an individual receives a benefit by virtue of his or her shareholdings in those situations where the shareholder, or shareholders, can significantly influence business policy, except where the individual is able to establish otherwise. Exceptions to this presumption would be a situation where the benefit is available to all employees of the Corporation under the same or similar circumstances, or a situation where the benefit is comparable in nature and quantum to benefits generally offered to employees who perform similar services and have similar responsibilities for other employers of a similar size.
Thanks Tiberious! I've heard of employers giving scholarships out to children of employees.

Do you think the exception that it be available to all employees of the corporation is applicable if I am the only employee of the corporation?

Hope this thread also helps others in a similar situation.
Member
Jun 23, 2010
365 posts
143 upvotes
It gets trickier when you are the only employee because proving this is open to all your corporate employees is harder to establish (not impossible).

CRA is known to contradict themselves and this is one of those big grey areas when your sole shareholder-employee because you have to prove this benefit is received in your capacity as an employee, not a shareholder.

You need to talk to your accountant (and potentially a tax lawyer) to see if it can be structured right.

Tiberious
Your friendly Ontario neighbourhood accounting firm owner and business professional (MBA, CPA, CFA)
Deal Addict
Aug 28, 2007
2119 posts
496 upvotes
Calgary
Here is something that is not as lucrative as "tax-free" but would save a few dollars.... income split with the child.

Put your child on the payroll as a legitimate fully-taxable employee. Perhaps only part-time if the tuition is low enough. Their lower tax rate, basic exemption and tuition deduction would probably make their net tax to be near zero. This is income splitting with the child; just like with your spouse. It would be cheaper than you withdrawing the money as taxable and then paying their tuition for them. You avoid taking the income out at your presumably higher tax rate. And the business still foots the bill so it remains a corporate deduction. You could go a step further if you want to play with dividends but that has more complex criteria to consider.

Since the child is an age where s/he is going to be technically superior to you (by a generation or more) there is no end of IT/internet/marketing/telecom/remote tasks you could legitimately assign to the child while they are at school. That would address any job description questions. CRA doesn't worry too much if you are paying full employee tax load / payroll taxes.
Deal Expert
May 30, 2005
48243 posts
9134 upvotes
Richmond Hill
Quentin5 wrote: You get points for creativity! Winking Face

It may be possible if they work for you and you pay them wages and they are going to school paid by the business (similar to if you work for a corporation and they pay for your tuition).
That said for a dependent child i'm going to guess the CRA will tear you a new one if it is not allowed and if it is you probably have to structure it carefully based on professional advice.
Yeah, I'd not try to be greedy with this.

CRA works under both the tax rules and common sense. As much as we try, the tax rules aren't going to cover every use case, and in those situations, CRA uses the common sense approach. I think this is one of those situations where it would be a grey area under the tax rules, and therefore when CRA applies common sense to the situation, they will say no.
Deal Addict
Dec 13, 2007
2028 posts
543 upvotes
Toronto
Tiberious wrote: Actually...it is possible if structured properly with the right documentation and support.
In other words, it is theoretically possible. In a larger corp routinely providing company paid courses to all employees. Claiming the same for single person corporation, or even two person (father and son) corporation... Well I don't know, I don't think CRA is that stupid to buy that. There must be a reason why every rich family is not doing it.

Just Confused's idea makes more sense.
Deal Fanatic
Jul 26, 2007
6913 posts
4498 upvotes
Toronto
Just Confused wrote: Here is something that is not as lucrative as "tax-free" but would save a few dollars.... income split with the child.

Put your child on the payroll as a legitimate fully-taxable employee. Perhaps only part-time if the tuition is low enough. Their lower tax rate, basic exemption and tuition deduction would probably make their net tax to be near zero. This is income splitting with the child; just like with your spouse. It would be cheaper than you withdrawing the money as taxable and then paying their tuition for them. You avoid taking the income out at your presumably higher tax rate. And the business still foots the bill so it remains a corporate deduction. You could go a step further if you want to play with dividends but that has more complex criteria to consider.

Since the child is an age where s/he is going to be technically superior to you (by a generation or more) there is no end of IT/internet/marketing/telecom/remote tasks you could legitimately assign to the child while they are at school. That would address any job description questions. CRA doesn't worry too much if you are paying full employee tax load / payroll taxes.
Just remember when doing this, your child's payroll gets added on top of already received rrep, osap, school scholarships and financial aid which some are considered taxable income. So you might end up paying more taxes you planned to.
Deal Addict
Dec 17, 2009
1502 posts
1278 upvotes
Vancouver
According to the link that Tiberious provided.

Employer and employee not dealing at arm’s length

if the employee is a shareholder of the employer (i.e., the Corporation) and it is determined that the benefit provided to the family member is by virtue of the employee’s interest in the Corporation as a shareholder (or in contemplation of the employee becoming a shareholder), the value of the benefit must be included in the employee-shareholder’s income under subsection 15(1). In addition, the amount of any scholarship or bursary provided will not be deductible by the Corporation for income tax purposes pursuant to paragraph 18(1)(a). Subject to satisfying the necessary requirements, the family member may also be eligible to claim the education tax credit under subsection 118.6(2) (for years prior to 2017, as per ¶3.6.1) in respect of the program.

So it won’t work

Top

Thread Information

There is currently 1 user viewing this thread. (0 members and 1 guest)