Business Structures

Which Ontario business structure should you choose?

Compare the common Ontario business structures side by side. We won't tell you which one to pick — that's a conversation for a lawyer or accountant.

StructureOwnershipLiabilityRegistrationAdminTaxContinuityTypical use
Sole ProprietorshipOne individualOwner is personally liableRegister business name (if not using legal name)Minimal — no separate legal entityReported on the owner's personal tax returnEnds when owner stops or diesFreelancers, side businesses, solo services
General PartnershipTwo or more peoplePartners are personally liable, often jointlyRegister partnership name; partnership agreement strongly recommendedLow, but partnership disputes are common without an agreementIncome flows to each partner personallyEnds on partnership change unless agreement provides otherwiseCo-founded services, professional partnerships
Ontario CorporationShareholdersCorporation is separate — limited liability (with important exceptions)File articles of incorporation with the Ontario Business RegistryHigher — directors, minute book, annual returnsSeparate corporate tax return; owners taxed on salary/dividendsContinues indefinitely, independent of ownership changesGrowing businesses, businesses with liability exposure, tax planning
Federal CorporationShareholdersCorporation is separate — limited liability (with exceptions)Incorporate federally with Corporations Canada; often also extra-provincial registrationSimilar to Ontario corporation plus extra-provincial requirementsSeparate corporate tax returnContinues indefinitelyBusinesses operating across provinces or with national branding needs
Not-for-Profit CorporationMembers (no shareholders)Corporation is separate; directors have specific dutiesIncorporate under Ontario or federal not-for-profit legislationBy-laws, members, annual returns; charitable status is separateTax-exempt when qualifying; charitable status has its own rulesContinues indefinitelyCommunity organizations, associations, charities

Things to consider

  • How much personal liability exposure does the business have?
  • How important is limited liability vs administrative simplicity?
  • Are you planning to bring on investors or additional owners?
  • Do you want to build a business that continues past you?
  • Where will you operate — one province or several?

Questions to ask a lawyer or accountant

  • Given my expected income, is incorporation tax-efficient today?
  • What share structure should I set up if I want to add owners later?
  • Do I need a shareholders' agreement or partnership agreement?
  • How will my liability actually change if I incorporate?
  • Do I qualify (or plan to qualify) for the lifetime capital gains exemption?