Draws are advances, allocation is income
A partner pays tax on their allocated share of firm profit for the year, whatever they actually drew. Nobody withholds anything from a draw, so the discipline has to be self-imposed: we set a reserve percentage on every draw, parked in a separate account, and reset it each quarter against actuals. At Ontario's top combined rate of about 53.5%, a comfortable-sounding round number is usually not enough.
Two mechanics follow. Partners and sole practitioners pay both halves of CPP through the T1. And once net tax owing passes $3,000, the CRA expects quarterly instalments on March, June, September and December 15; miss them and interest runs at the prescribed rate whether or not anyone reminded you. Partnerships of individuals run on a calendar year, so the allocation lands in the same T1 year the work was done, and after a strong year we recompute instalments early instead of letting the prior-year formula set them.
Associates are payroll, with different levers
Associate lawyers on salary mean T4s, source deductions, EI and employer CPP, plus Employer Health Tax once Ontario payroll clears the $1,000,000 exemption. For incorporated practices there is a real timing tool: an accrued bonus is deductible in the year it is earned only if paid within 180 days of year-end, which is why January is a popular month for good news. A spouse who genuinely works in the practice can be paid a reasonable, documented salary, deductible like any other wage.
Some firms pay associates as contractors on a percentage of collections. The Law Society allows the arrangement; the CRA judges it on the working facts. If the firm sets the hours, supplies the office and controls the files, reclassification brings retroactive source deductions and penalties, so we paper the arrangement honestly or advise against it.
| Partner | Associate on payroll | |
|---|---|---|
| How paid | Draws against a profit share | Salary and bonus |
| Tax withheld | None; quarterly instalments instead | At source, every pay |
| CPP and EI | Both CPP halves via the T1; no EI | CPP split with the firm; EI insurable |
| Year-end lever | Allocation and billing timing | Bonus accrual and the 180-day rule |
December is a lever, smaller than it was
Deferring December billings used to defer the income entirely. Now year-end WIP is taxed at the lower of cost and fair market value, so holding a bill back only defers the margin above cost, still worth planning, no longer decisive. The levers that remain are concrete: timing capital purchases so equipment and computers are available for use before year-end, RRSP contributions inside the first-60-days window, and smoothing a spike year, a large contingency fee for instance, with early instalment resets and accumulated RRSP room rather than wishful thinking.
Timing runs the other way too. If next year brings parental leave, a judicial application or a planned sabbatical, accelerating billings into the lower-rate year ahead of it is often worth more than any deduction we could find in December.
When planning points at structure
If your share of profit consistently exceeds what you draw, the conversation shifts from timing to structure, because a professional corporation can retain earnings at roughly 12.2% instead of your marginal rate. Watch the trigger, and know the limits before you leap: only LSO licensees may hold shares in a law PC, so family-dividend splitting is off the table before TOSI even enters the room, leaving spousal RRSPs and genuine family wages as the main splitting tools.
All of this runs through Tax Planning & Advisory as a year-round file, not an April scramble. For sole practitioners who mostly need a CPA on call, an instalment notice, a CRA letter, a question before signing a lease, CPA Quick Support at $99 a month covers unlimited questions without an hourly meter. Either way it starts with a free 15-minute discovery call, from our Mississauga office or by video.
