As a business that may be struggling, or proactively looking at ways to cut costs and improve cash flow, there are few respites from one’s tax obligations. Simply put, government at any level is a tax collector – taxes are, after all, its principal source of revenue. This applies in good times and bad. If you’re a business today in Windsor, for example, where the tribulations of the auto sector are having a profound impact on the local economy, your taxes will be due regardless of whatever damage is being dealt to your bottom line.

There is no substitute for meeting your tax obligations in a timely and consistent manner and adopting a policy of good corporate governance by providing full disclosure, regardless of the scale of your business. If you are honest and forthright with The Canada Revenue Agency (CRA), it will be much more inclined to be fair and co-operative with you.

For businesses that have a risk of being in arrears, CRA does offer a Voluntary Disclosure Program. This program allows taxpayers to come forward and correct inaccurate or incomplete information or to disclose information they have not previously reported. If you are in arrears, you still have to pay what you owe plus interest, but you will avoid any other penalty or prosecution.

Various professional tax specialists also offer intervention services on a taxpayer’s behalf to apprise CRA of a particular situation and negotiate a settlement and a schedule of repayment to protect the taxpayer from punitive penalties or prosecution.

Tax Saving Tips

While there is no magic wand that will make one’s tax obligations disappear, there are a number of modest options a business can consider to mitigate or temporarily defer taxes in certain circumstances. However, these options often carry consequences and a business must discuss with a tax professional if the short-term benefit is worth any long-term implications.

These include:
 
Loss carryback

If you incurred a non-capital loss in your current fiscal year, or did have a loss last year, you can carry this loss back and apply it against a profit you made in any one of your previous three tax years. Applying this loss against a profitable year will provide a refund of some portion of the taxes you paid in that year. This refund can be used to boost your cash flow or otherwise finance your business. Note that this loss can also be carried forward a maximum of 20 years.

More information on carrying non-capital losses forward or back can be found on the CRA website.

Reducing income tax instalments

As a business or self-employed individual, you must pay income taxes by quarterly or monthly instalments. Many taxpayers elect to pay instalments that are based on the level of income their business earned in the previous tax year. But if you are having a weak year, this means you are paying more tax than you will owe for the current year. To preserve cash flow, review your instalments and see if it makes sense to reduce them.

The potential downside of this is that if business picks up in the remainder of the year, you may be now paying too little tax and will have to make up the difference, as well as pay interest, including instalment interest, on the outstanding tax owed.

Again, CRA’s website has more information on tax instalments.

Outsourcing services to reduce payroll costs

Typically, contractors are less costly than employees. The business does not have to carry, collect and remit employee costs such as Canada Pension Plan and Employment Insurance premiums, or provide vacation pay or provide group benefits.

On the other hand, contractors are less accountable to the employer beyond the immediate scope of work contained in their contract, and there may be less continuity for the business. Also consider and consult a professional about potential legal and CRA ramifications of switching employees to contractors if they are in essence still carrying out the same work and responsibilities.

Bonus out option

This avenue can provide a few months of breathing room for a business challenged to pay its corporate taxes on time. Rather than have the business owner draw a full salary from the corporation, pay out a portion of it as a bonus instead. The business can claim a deduction on this and the bonus must only be paid out within 180 days of fiscal year end. The payroll deductions at source are due by the normal remittance date, typically the 15th of the following month, after the bonus is paid.

Paying dividends in lieu of salary

Source payroll deductions can be avoided or reduced by paying dividends rather than salary, which will generally be taxed a lower rate. Dividends can only be paid to shareholders, so this will not apply to the non-shareholder employees. However, income in the form of dividends does not qualify as earned income for RRSP purposes, or as pensionable earnings, since no CPP contributions are being made. But again, this can be a short-term option to help preserve cash flow.

Incorporation

If you are in a situation where you are the sole proprietor of an unincorporated business, and are experiencing a very strong year, incorporating mid-year can defer the tax liability. A corporation also has the advantage of being a recognized entity, reducing the personal liability and exposure of the individuals involved in it for any debts or arrears incurred by the business. On the other hand, this can be a costly process and does carry higher annual administrative costs and create more paper work each year related to tax filing compared to remaining unincorporated.

The issue

Business people know that their business cannot effectively operate without proper cash flow. The issue is to gain an understanding of the details of your businesses cash flow needs, anticipate problems and have solutions. In general if your cash flow has deteriorated and the bank is calling you to repay a demand loan or you cannot make payroll for your employees, you have reached a point in your business with limited options. If you plan properly, you can hopefully avoid this problem.

First: Gain understanding of your business cash flows

Gain an understanding of what cash inflows are generated by, and what cash outflows are required by,  your business on a monthly basis. Review prior monthly financial information (financial statements, bank statements) for historical data and trends and really understand your business’s ability to generate cash and consume cash.

• If you are a retailer, when do you pay for your inventory and how soon does that inventory result in cash inflow to the business?
• If you are a business which sells on payment terms, know what the average collection period is for a sale. Sales are not cash flow if you cannot collect the cash.
• How much do you purchase from suppliers, when do you make the purchases and what are the payment terms to your suppliers?
• Does your business have periodic payments such as insurance which could be paid over 12 months instead of a single payment?
• Know when your GST and income tax liabilities are due. Do not ignore the required remittances and instalments as the government will not let you borrow from them and there are consequences for personal liability, as well as interest and penalties costs, if your business stops making required payments.
• If your business has a cycle of slow sales periods each year, review how much cash you need to have to get to the next busy sales period. This means knowing what the cash consumption of your business is each month for rent/ mortgage payment, salaries, communication costs, vehicle payments and operating costs, and similar costs.
• Integrate your vacation into the cash flow. If you’re absent on vacation, the business may not be selling (if you are a consultant) or you are paying for someone to replace you while you are away.
• Integrate your personal cash needs from the business. Understand when you will need to take cash from the business for personal needs. Be realistic. If you cannot take cash from your business to live, the personal stress may affect your ability to operate the business.

Second: Use your understanding of your business cash flows to create a planning tool

Use the above information to create a detailed cash flow statement for a six- to 12-month period. The Entrepreneurship Centre can assist you in details of how to prepare this document. The cash flow statement is meant to give you information so you can anticipate cash flow challenges in your business. 

Why take time to create this cash flow statement?

• You need to understand your business before you can ask others to help. If you need an increased line of credit, it is better to anticipate that need than to ask for an increase at the last minute to allow the business to meet a payroll obligation. Lack of information indicates that the business is controlling you.
• It is difficult to make purchase decisions and hire staff if you cannot anticipate business cash flows.

You have to make estimates of future cash inflows from sales. While actual results will vary, you now have a cash flow statement tool to allow you to plan, adjust and react.

Third: Cash flow problems will happen – how to react

Virtually all businesses will have cash flow problems at some time in the life of the business. Slow sales consume cash and so can rapid growth. There is no ready solution for all problems, but review your alternatives. Communication with your employees, suppliers and the bank will be critical to get them on board and trust that you have identified the problem and are working on a realistic solution:

• Determine if the problem is a temporary (large cash outflow for unexpected repairs) or longer term (loss of a major customer, new competition driving down prices). If temporary, consider approaching suppliers or your landlord to defer payment for a month. If you have a mortgage, ask the bank to rearrange principal payments for a certain period. Consider temporary layoffs or job sharing to reduce labour costs. Review your business assets and sell redundant assets to create cash flow. Consider selling inventory at reduced prices to create cash flow.
• If longer term problems exist, review your ability to borrow against your home equity or refinancing existing debt. Consider selling required assets and leasing them back from the purchaser to create cash flow. If the business is at a growth stage where you cannot finance the growth and the bank will not provide further borrowings, consider a business partner who would inject cash into the business.