March 20th, 2026
Canada's Family Business Succession: How to Avoid a Crisis
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Posted on March 30th, 2026 in Domestic Tax, Financial Planning & Wealth Management
An employee may elect to stop contributing to CPP, provided they are at least 65 years of age (but under 70), receive a CPP or QPP retirement pension, and have earnings subject to CPP contributions.
A November 13, 2025, Tax Court of Canada case reviewed the timing of an employee’s election to cease contributing to the CPP when he began collecting retirement benefits at age 65. The employee was the sole employee and shareholder of the corporation.
The key facts were as follows:
The CPT30 election to cease paying CPP premiums after age 65 can only be made if a CPP retirement pension is payable to the employee. CRA argued that the election was void on the basis that retirement benefits were not payable to the employee until the application was processed and he received his first payment in May 2022. As such, CPP premiums continued to be required.
The Court stated that adopting CRA’s interpretation could lead to an absurd result that slow processing of applications could prevent employees from making the election. It was therefore appropriate to adopt the broader interpretation that the employee had a CPP retirement benefit payable to him when he filed the election due to the CPP benefits paid retroactive to a date prior to the election. The employer was therefore not required to withhold CPP for the years under appeal.
If aged 65 and earning pensionable employment, consider whether an election should be made to opt out of contributions.
Article originally published in: Tax Tips & Traps 2026 First Quarter – Issue 153.
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