For the purposes of the s. 45 change-of-use rules, a child’s occupation of a dwelling is considered as personal use if a below-market rent is paid. 2011-0417471E5 indicated that a duplex which has not been legally divided is a single property for s. 45(1) purposes.
A triplex with an FMV of $300K, $500K and $1,500K at the beginning of Years 1, 11 and 16 (the time of its sale), respectively, consisted: as to 50%, of Unit 1, which had direct personal use until Year 10 inclusive and thereafter was rented; as to 25%, of Unit 2, which was rented until Year 10 inclusive, and thereafter was used personally; and, as to 25%, of Unit 3, which was rented until Year 10 inclusive, and thereafter was occupied by children (paying a low rent).
How does s. 45(1)(c) apply to the changes in use at the beginning of Year 11? CRA responded:
The CRA is of the view that a building is normally considered to be a single property unless it was legally subdivided into two or more separate properties. …
In the described situation, although each of the building's units was subject to a change of use in Year 11, the relation between the use regularly made by the taxpayer of the property for gaining or producing income and the use regularly made of the property for other purposes did not change during the year. Accordingly, there was no change of use of the building for the purposes of paragraph 45(1)(c) in Year 11.