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Who we help · Paralegals · Incorporation

Incorporating a paralegal practice pays only when profit stays in the company.

Ontario lets a paralegal practise through a professional corporation on the same footing as a lawyer; the tax case, though, depends on your income, not your eligibility. The structure pays when profit stays in the corporation taxed at about 12.2% instead of your marginal rate, while a practice that spends everything it nets buys a T2 and a renewal fee, nothing more. We run that arithmetic before anyone drafts articles, and we are comfortable telling you to wait.

Paralegal reviewing case files at a desk

Eligibility is the easy part

The Law Society Act opens the professional corporation to paralegal licensees on the same terms as lawyers: an Ontario corporation whose articles are limited to providing legal services, a name ending in "Professional Corporation", and a Certificate of Authorization from the LSO that renews every year. Shares, directorships and officer roles are restricted to licensees, which rules out a spouse, a family trust or a holding company from day one. And nothing about the structure lightens the regulatory load: By-Law 9 trust obligations, the mandatory professional liability policy and your personal responsibility for professional negligence all continue exactly as before, because the Law Society disciplines the licensee, never the company.

So the question is not whether you may incorporate. It is whether this practice, at this income, gets anything back for the cost.

The deferral test, run at paralegal incomes

The whole tax case rests on one mechanism. An Ontario corporation pays about 12.2% on its first $500,000 of active practice profit, while you pay your personal marginal rate; the saving equals the gap between those two rates, applied only to dollars the corporation keeps after paying you. At the top personal bracket the gap is famously wide. At the income a busy Landlord and Tenant Board and Small Claims practice actually nets, the gap is real but thinner, and it has to clear the structure's running costs before you are ahead at all.

Those costs are concrete: the incorporation work itself, an annual Certificate of Authorization renewal, an Ontario corporate annual return, a T2 return every year, and a payroll account because your own pay now moves through source deductions. A practice retaining a few thousand dollars a year can spend the entire deferral benefit on administration. A practice retaining tens of thousands, year after year, usually comes out clearly ahead, and picks up a chosen fiscal year-end and salary-dividend flexibility on top.

Per-diem and agency work changes the answer

Many licensees earn much of their income as agents for one law firm, or running defence files for a single insurer. Put that relationship inside a corporation and the CRA may see a personal services business: a company earning income from work you would be doing as that payer's employee if the corporation did not exist. A PSB loses the small business deduction, pays an additional federal tax on top of full corporate rates, and is denied most deductions beyond the salary it pays you. The corporation formed to save tax then costs you tax.

What decides it are the working facts: who controls the files and the hours, whose office and systems you work in, how many clients the practice genuinely has. If one payer dominates your revenue, we deal with that picture, or the contract terms behind it, before any articles are filed.

The honest screen

Your situationOur honest answer
The practice nets what your household spendsStay a sole proprietor; you would be buying a T2 and a renewal fee, not a saving
Profit is reliably left over each yearRetention at 12.2% starts to outrun the carrying costs; incorporate deliberately
One firm or insurer pays most of your feesResolve the PSB exposure first; incorporating can raise your tax bill
Income swings hard between yearsA corporate year-end and salary timing can smooth what a calendar-year T2125 cannot
You hope to sell the practice one dayThe $1.25M lifetime capital gains exemption needs a share buyer, rare for a solo licence

If the math clears, the sequence is short

A paralegal practice is usually light on assets, which keeps the conversion clean: incorporate at a natural break in the year, roll equipment or unbilled work in under a section 85 election where the values warrant it, open the corporation's HST account, move the general and mixed trust accounts into the corporate name with the bank, and start your salary. From there the annual rhythm is the T2, the LSO renewal and the payroll filings, which we run through Corporate Tax Filing so nothing is missed between hearing blocks.

Our Incorporation engagement does the decision math first, in writing, before any drafting, then handles the structure, the elections and the first-year filings, handing off to Tax Planning & Advisory for the salary-dividend design. We run this screen for licensees across Mississauga and the GTA regularly; when the numbers say wait, we say wait, and the free 15-minute discovery call costs you nothing either way.

Source: CRA — Corporation tax rates.

Common questions

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What does it cost to keep a paralegal professional corporation running?

Plan on an annual Certificate of Authorization renewal with the LSO, an Ontario corporate annual return, a T2 corporate tax return and payroll remittances on your own salary. We quote the whole package in writing after a free discovery call, so the carrying cost is a known number before you decide.

I mostly do per-diem agency work for one firm. Should I incorporate?

Not until the personal services business risk is dealt with. If you would look like that firm's employee without the corporation in the middle, the PC can be taxed more heavily than you are now, with most deductions denied.

Does incorporating change my trust account or my insurance?

No. By-Law 9 record-keeping, the mandatory professional liability policy and personal responsibility for your professional work all continue unchanged; the bank accounts are simply moved into the corporate name.

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