Would s. 125(5.2) would apply where a corporation transfers active assets to a corporation that is related but not associated? Before indicating that this was a question of fact requiring a review of all relevant facts, CRA provided the following general paraphrase of s. 125(5.2):
Subsection 125(5.2) is an anti-avoidance rule intended to prevent the avoidance of the application of the “passive income reduction” rule in paragraph 125(5.1)(b) through the transfer of property to a related company.
Subsection 125(5.2) operates to deem two corporations associated with each other when they are otherwise not associated. It applies where the corporations are related to each other, one corporation (directly or indirectly) transfers assets to the other corporation and one of the reasons for the transfer can reasonably be considered to be to reduce the amount of the adjusted aggregate investment income of the associated group for the purposes of the passive income reduction rule in paragraph 125(5.1)(b).