How must a business owner show that a spouse or child worked at least 20 hours in the business in the past five years if no formal records were kept? After referring to the desirability of “timesheets, schedules, or logbooks” or payroll records showing hours, CRA recognized “the challenges presented” for demonstrating the 20-hour test for pre-2018 years, and stated:
Where … information is provided in support of assertions that the 20 hour per week threshold was met in prior years, the CRA will if necessary, consider whether the assertions are reasonable having regard to such factors as
- The type of business and duties performed as they relate to the main activities of the business
- The individual’s education, training and experience
- Any particular knowledge, skills or know-how that the individual possessed
Going forward, the ongoing maintenance of such records in respect of any family members involved in the business will ensure that businesses are able to comply with the new rules and obtain the benefits of available exclusions, even as family members leave the business.