A husband and wife both worked in the business of a corporation for at least 20 hours a week for 5 years. Subsequently, the business was sold, and the funds invested, with dividends being paid from this investment income in subsequent years. Assume that the exception for “excluded shares” does not apply. Would the dividends be split income, because the definition of “excluded business” can no longer be met if the business had ceased?
CRA noted that the corporation’s investment activities might be a new business that is a related business, and stated that, in such case:
[T]he excluded business exception would not apply to husband and/or wife if such individual is not considered to be actively engaged in that investment business on a regular, continuous and substantial basis either during the particular taxation year or in any five prior taxation years. Consequently, the taxable dividends will be split income subject to TOSI unless another excluded amount exception applies.