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.
If ACo’s investment activities constituted a business during ACo’s last taxation year and generated positive gross revenue during that year, are Mr. A’s shares “excluded shares” in the current year?
In indicating that the excluded shares exception would be available, CRA noted that para. (a) would be satisfied because Aco carries on a business the income from which is derived from property, the share ownership tests in para. (b) are satisfied, and (respecting para. (c)) Aco’s income for the last taxation year would not have derived directly or indirectly from another related business other than the business of Aco.