ALBERTA MEDICAL PROFESSIONAL CORPORATIONS
Contact our law firm for your incorporation legal work at 403-400-4092 or Chris@NeufeldLegal.com
Physicians (medical doctors) who are members of the College of Physicians and Surgeons of Alberta (CPSA) may seek to optimize their business operations through corporate structuring and the potential tax advantages available through a Professional Corporation. An Alberta medical professional corporation is a legal construct, much in the way of other commercial companies, though having specific restrictions and obligations as a result of being regulated by the CPSA, and in turn the Business Corporations Act (Alberta) and the Health Professions Act, that has been enacted to permit physicians (medical doctors) to structure their business operations into a professional corporation (remaining personally liable for claims arising from their own professional negligence or malpractice).
A medical professional corporation offers significant tax advantages for high-earning physicians (medical doctors), primarily through tax deferral. By incorporating, physicians can shift their active business income from the high personal marginal tax rates to the lower corporate tax rates, especially the preferential Small Business Deduction (SBD) rate on the first $500,000 of active business income. This creates a substantial tax gap between what would be paid personally and what is paid corporately on retained earnings. The professional corporation's income is taxed at two levels, once at the corporate level and then again when funds are withdrawn by the shareholder, but this low initial tax rate allows a doctor to retain and invest a larger pool of after-tax capital inside the corporation. This deferral is maintained until the physician chooses to withdraw the funds as a salary or dividend in a future year, often in a lower personal income bracket, such as during retirement.
Beyond the core benefit of tax deferral, professional corporations facilitate several other tax planning opportunities. Income splitting is a key strategy, allowing a medical professional corporation to pay reasonable salaries to family members for services they provide to the business, utilizing their lower marginal tax rates (although subject to specific limitations). Furthermore, the professional corporation structure can also be a vital tool for long-term wealth building and estate planning. Specifically, the shares of a professional corporation may be eligible for the Lifetime Capital Gains Exemption (LCGE) upon their sale or deemed disposition, allowing a physician to shelter a significant portion of the capital gain from taxation. This combination of initial tax deferral, income distribution flexibility, and terminal capital gains relief makes the professional corporation a foundational element of tax and financial strategy for physicians (medical doctors).
Medical professional corporations also enable doctors to access significant retirement and compensation planning arrangements that are not available to non-incorporated entities. A professional corporation is permitted to establish sophisticated, tax-advantaged retirement plans, such as defined benefit pension plans or profit-sharing plans, allowing doctors to contribute substantially more to their retirement savings on a pre-tax basis than is possible through simpler personal contribution vehicles. Combined with the ability to offer generous, tax-deductible fringe benefits and structured employee compensation packages, the professional corporation serves as a comprehensive financial and operational platform. As such, a professional corporation provides a blend of liability mitigation, tax optimization, financial planning tools, and structural credibility that is essential for a high-earning, long-term professional medical practice.
At Neufeld Legal, we have the experience and insight to assist you in structuring your professional medical practice as a Professional Corporation in Alberta. Contact our law firm when looking to incorporate a professional corporation at 403-400-4092 or via email at Chris@NeufeldLegal.com.
