The Quebec Real Estate Brokerage Act (the “REBA”) requires that a real estate or mortgage broker carrying on brokerage activities on behalf of an agency carry on the brokerage activities through a corporation that the broker controls, in which case, the REBA provides that the remuneration for such services belongs to the corporation.
In confirming this treatment, CRA stated:
[I]f professionals are legally, whether contractually or by statute, precluded from assigning their commissions to a corporation, then the commission income must be reported by the professionals, and cannot be reported through a corporation, regardless of the documentation provided.
However … if the activities of a real estate or mortgage broker under the REBA … can be lawfully exercised through a corporation - which appears to be the case here - remuneration for the activities of the broker will be taxable in the hands of that corporation.