Mr. and Mrs. A (both over 25) are equal shareholders of ACo, which two years previously sold the Old Business in which Mrs. A had been actively engaged on a regular, continuous and substantial basis for many years – but Mr. A, not at all. Since then, ACo’s sole activity has been the investing of the proceeds.
Where ACo’s investment activities did not constitute a business, will a dividend declared in the current year to Mr. and Mrs. A be considered to be an excluded amount?
CRA indicated that, as the Old Business had been wound up in a previous taxation year and ACo had no other related business, the dividends received were “excluded amounts” under (e)(i).
In another scenario, Mrs. and Mr. A (both over 25) are the respective sole shareholders of Opco (carrying on a non-services operating business) and Serviceco (earning income in Year 1 from Opco, but without Mr. A being actively involved in its business). In Year 2, Serviceco does not render any services and its activities are insufficient to constitute a business.
Where Serviceco’s Year 1 after-tax income is paid as a dividend to Mr. A in Year 2, would it be an “excluded amount” per (e)(i)?
CRA indicated that, as Serviceco earned its Year 1 income from the provision of services to Opco (i.e., derived amounts from Opco’s business) and the dividend paid in Year 2 can also be said to have derived directly or indirectly from the provision of services to Opco in Year 1 (and thus to be derived directly or indirectly from Opco’s business, being a related business), the Year 2 dividends would not be excluded amounts.