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Who we help · HVAC companies · Incorporation

Incorporation for the HVAC contractor outgrowing the sole proprietorship.

Incorporation starts paying when profit passes what you take home, when builders want a corporate sub with clearances, and when gas work makes unlimited personal liability feel real. The tax case is the gap between Ontario's roughly 12.2% small-business rate and your personal bracket, but for an HVAC company the transition also runs through TSSA, WSIB and every contract with your name on it.

HVAC technician servicing a rooftop unit

When it starts to pay

The corporation earns its keep the year you stop spending everything the business makes. Profit left inside is taxed at roughly 12.2% on the first $500,000 of active income, so the next van, the winter payroll float and the parts stock get bought with 88-cent dollars instead of the roughly 46-cent dollars a top-bracket sole proprietor keeps.

Liability is the second leg. Gas piping, combustion equipment and refrigerant carry real consequences when something goes wrong, and a corporation keeps a claim that outruns your insurance from reaching the house. Insurance stays the first line of defence; the corporate wall is the second. The third leg sits years away: shares of a qualifying small business corporation can access the $1.25 million lifetime capital gains exemption on a sale, which a sole proprietorship selling assets never gets.

Contracting reality pushes the same direction. Builders and property managers onboard corporate subs more readily, holdback and progress-draw work reads cleaner on corporate paper, and a maintenance-plan book is far easier to sell one day as shares of a company than as a stack of personal contracts needing individual consents.

When it does not pay yet

If every dollar of profit funds the household, the deferral disappears and incorporation mostly adds a T2, a minute book and accounting fees. The honest threshold is sustained profit beyond your draw, or a liability or contracting reason that will not wait. We say so at the free discovery call when that is the answer, and the sole proprietorship keeps its simplicity until the numbers turn.

The transition checklist most guides skip

A corporation is a new legal person, and an HVAC business hands more registrations across than almost any other trade. Timing helps: we run the switch in a shoulder month, when the install board is quiet, rather than mid-January with furnaces down across the city. A NUANS name search protects the trade name your trucks have been advertising for years, and the sole proprietorship winds down with a final T2125 on your last personal return while the corporation starts its first fiscal year on a date chosen on purpose. The sequencing is the job:

  • TSSA registration. Fuels-contractor registration belongs to the business, so the corporation needs its own before it touches gas work. Your G2 or 313A certificates stay personal; the registration does not follow you automatically.
  • WSIB. A new account, premiums moved over, and clearance certificates re-issued so GC portals show the corporation rather than the person.
  • CRA accounts. A fresh business number with GST/HST and payroll accounts; the sole proprietorship's HST number closes with a final return.
  • Contracts and plans. Maintenance-plan agreements, manufacturer warranty registrations, supplier accounts and consumer-financing dealer agreements all get assigned or re-papered in the corporate name.
  • Trucks and tools. Moved in under a section 85 rollover at elected amounts, filed on Form T2057, so the transfer itself triggers no tax.

Shares on day one, structure for later

Day one can be simple: founder common shares, perhaps a second class for dividend flexibility later. A spouse who genuinely works in the business, dispatching and running the office an average of 20 hours a week, can generally fit TOSI's excluded-business exception; a spouse who does not will usually see dividends taxed at top rates, so family ownership gets planned around the facts rather than the wish. A holding company rarely belongs in year one, but once retained earnings build, Corporate Restructuring can add one without unwinding anything.

Sole proprietor vs corporation, HVAC edition

DimensionSole proprietorCorporation
Tax on profit left in the businessYour full personal rateAbout 12.2% up to $500,000
A claim from a bad installReaches personal assetsGenerally stops at the company
Builder and GC onboardingHarder; many prefer corporate subsCorporate name, WSIB clearance, T5018 continuity
Selling one dayAsset sale, no share exemptionShare sale can use the $1.25M LCGE
AdminT1 with a T2125T2, minute book, separate accounts

Our Incorporation service handles the articles, share structure and CRA accounts, then sequences the trade-specific handoffs above so the licences never lapse and no GC finds a gap in your clearances. Not there yet? A one-truck operator can keep CPA Quick Support at $99 a month and ask the incorporation question the month it becomes real.

Common questions

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Does our TSSA registration carry over to the new corporation?

No. Fuels-contractor registration belongs to the legal entity, so the corporation must hold its own before performing gas work. We sequence incorporation, TSSA and WSIB so coverage never gaps.

Can we move the vans and tools in without paying tax?

Yes, with a section 85 rollover filed on Form T2057, which transfers assets at elected amounts so no gain is triggered on the move. Skipping the election is how transfers become taxable by accident.

Should my spouse hold shares?

Only with a TOSI answer first. A spouse averaging 20 hours a week of real work in the business generally fits the excluded-business exception; otherwise dividends to them are usually taxed at top rates, and salary for actual work may serve better.

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