In 2002, the taxpayer made a loan to a wholly-owned corporation, which used those funds to make a foreign investment, causing it to cease to be a small business corporation ("SBC"). In 2004, the investment lost all its value. The corporation ceased to carry on business in 2004, but resumed carrying on a business in 2006, thereby requalifying as an SBC. In 2008, the taxpayer claimed a business investment loss ("BIL"). Before indicating that this was permitted, CRA stated:
[I]t is necessary to determine, first, whether the debt is due to the taxpayer at the end of its 2008 taxation year and whether it became uncollectible at any time during the same taxation year.
If that were the case, at the time of the disposition of the debt, it is necessary that the corporation be a CCPC that is a SBC. The definition of SBC provides that for the purposes of paragraph 39(1)(c), a corporation is a SBC at a particular time when it was a SBC at a time in the 12-month period preceding the particular time.
… [I]t would seem that the requirements … respecting a BIL appear to be satisfied.