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Who we help · Trucking · Incorporation

Incorporation for truckers without the Driver Inc. trap.

Incorporation pays for an owner-operator who owns the tractor, carries the costs and takes real business risk: about 12.2% Ontario tax on retained earnings instead of personal rates. It fails, expensively, for a driver who incorporated because a carrier asked, which the CRA treats as a personal services business taxed near 44.5% with almost no deductions. We tell you which one you are before any paperwork is filed.

Semi truck on a Canadian highway

The pitch, and what it leaves out

The pitch is familiar in every truck yard in the GTA: incorporate and we will pay your company a higher gross, with nothing held off your cheque. The industry calls it Driver Inc., and in its usual form the driver hauls the carrier's truck, on the carrier's authority, under the carrier's dispatch, through a corporation that exists only on paper.

What the pitch leaves out: no EI if the work ends, no employer CPP contributions, no vacation pay, no WSIB coverage after an injury, no notice or severance. And the arrangement is now hunted from two directions at once. Misclassifying employees as contractors is prohibited under the Canada Labour Code for federally regulated carriers, Employment and Social Development Canada runs targeted inspections in road transport, and the CRA's personal services business reviews have leaned hard on trucking.

The personal services business math, in the open

The test is blunt: if the corporation did not exist, would you reasonably be seen as the carrier's employee? Answer yes and the corporation is a personal services business. A PSB gets no small business deduction, pays federal tax of 33% including the special 5% PSB surtax plus Ontario's 11.5% general rate, roughly 44.5% combined, and is denied almost every deduction except salary actually paid to the incorporated driver. Take what remains as dividends and personal tax applies on top. Reassessments typically reach back several years and arrive with interest and penalties attached.

Against that, a genuine trucking corporation pays about 12.2% on its first $500,000 of active income. The gap between those two numbers is the entire question, and it turns on facts, not on what the contract says:

What the CRA weighsGenuine owner-operatorDriver Inc.
The tractorOwned or financed by your corporationThe carrier's
Fuel, repairs, insuranceYour corporation paysThe carrier pays
Chance of profit, risk of lossReal: rates, fuel, breakdowns, empty kilometresNone beyond hours driven
ControlYou choose loads, lanes and when the truck worksThe carrier's dispatch decides
Ability to work for othersGenuine, even if rarely usedExclusive in practice

When the corporation genuinely earns its keep

For a real owner-operator, incorporation is often the right call, for concrete reasons. Earnings kept in the corporation are taxed around 12.2% instead of personal rates that reach 53.53%, which is how the down payment on the second truck accumulates. The corporation signs the equipment loan and carries the operating costs, registers for HST and typically bills its carrier zero-rated interline settlements while recovering input tax credits on fuel and repairs, and pays you through whatever mix of salary and dividends suits the year. Liability separation is real for commercial debts, though lenders still want personal guarantees on the tractor loan, and no structure shields a licence or a negligence claim.

Timing is the honest qualifier. A driver who spends everything the truck earns has little to defer and inherits filing costs, so the structure starts paying once money stays in the company. For a solo operator still weighing it, CPA Quick Support at $99 a month answers the contract-by-contract questions until the math turns.

Already inside a Driver Inc. arrangement?

We triage it against the same factors the CRA uses, without judgment. Three paths come out of that conversation. Some drivers are better off back on a T4, and the numbers often prove it once the lost benefits are priced. Some can build the real thing: buy or lease the tractor into the corporation, take over fuel and insurance, negotiate genuine carrier terms, and become in fact what the contract claims. And where PSB years already exist, the cleanup is specific, because salary paid to the driver is the one deduction a PSB keeps: paying the corporation's income out as T4 salary strips most of the ongoing exposure while past filings are corrected.

Our Incorporation service sets up the genuine structure: federal or Ontario incorporation, share classes, CRA program accounts, and HST registration timed to your first interline settlement. Where an existing corporation needs rebuilding around real equipment and real contracts, Corporate Restructuring does the surgery. Either way the fee is quoted in writing after a free 15-minute discovery call, and the first conversation is the honest one: whether you should incorporate at all.

Common questions

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My carrier says I must incorporate to keep getting loads. Is that a red flag?

Yes, when you would be driving their truck under their dispatch. Incorporation does not change the employment facts; it leaves you carrying PSB tax risk while the carrier saves payroll costs. Have the structure assessed before you sign, not after.

What does a personal services business actually pay?

Roughly 44.5% in Ontario: federal tax of 33% including the 5% PSB surtax, plus the 11.5% provincial general rate, with no small business deduction and almost no deductions beyond salary paid to the incorporated driver. Dividends out of what remains are taxed again personally.

Does owning my own tractor settle the question?

It is the strongest single factor but not a safe harbour. Who pays fuel and repairs, who controls dispatch, whether you can profit or lose money, and whether you can haul for others all count. We weigh the whole picture before recommending incorporation.

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