| 19(1) | File No. 5-9421 |
| S. Shinerock | |
| (613) 957-2108 |
March 14, 1990
Dear Sirs:
Re: Definition of a Small Business Corporation Share ("QSBCS") in Subsection 110.6(1) of the Income Tax Act (the "Act")
We refer to your letter of January 12, 1990 in which you requested a technical interpretation as to whether a share of Aco, a Canadian-controlled private corporation ("CCPC"), within the meaning assigned by paragraph 125(7)(b) of the Act, qualifies as a QSBCS in the following hypothetical situation.
The only asset of Aco consist of one real property, which Aco leases to a partnership that carries on an active business, within the meaning assigned by paragraph 125(7)(a) of the Act, in Canada. Bco, a CCPC, owns a 50% interest in the partnership, while another CCPC, CEO, owns the other 50% interest. Bco and Cco are both related to Aco, within the meaning of subsection 251(2) of the Act.
Comments
In order for a share of Aco to be a QSBCS, Aco must be a small business corporation ("SBC") within the meaning set out under subsection 248(1) of the Act. For this purpose, and also for the purpose of paragraph (a) of the definition of a QSBCS, all or substantially all of the fair market value of the assets of Aco must, in the context of the situation described above, be attributable to assets that are, at the particular time, used in an active business carried on primarily in Canada by Aco or by a corporation related to Aco.
Assuming that each of Bco and Cco carry on an active business primarily in Canada, we would agree that a share of Aco would qualify as a QSBCS provided, of course, that the conditions set out in paragraph (b) and the preamble to paragraph (c) of the QSBCS definition were complied with, and all other requirements relative to the definition thereof as set out under subsection 110.6(1) of the Act, were met.
As stated in paragraph 24 of Information Circular 70-6R dated December 18, 1978, the comments expressed in this letter are not rulings and are consequently not binding on the Department.
Yours truly,
for DirectorReorganization and Non-Resident DivisionSpecialty Rulings DirectorateLegislative and Intergovernmental Affairs Branch