Opco, which is a CCPC that has exceeded the $15 million “taxable capital employed in Canada” threshold such that the small business deduction is unavailable, employs more than 5 full-time employees in its sole business (the “Business”), which is the rental in Canada of real property. Rather than ducking the question of whether Opco’s income would be treated as aggregate investment income (AII) rather than active business income, CRA stated:
As the Business has more than 5 full-time employees throughout its tax year, it is not a specified investment business and Opco’s income is from an active business.
Accordingly, all of its income would be treated as “full rate taxable income” as defined in s. 123.4(1) that would be subject to federal tax at the 15% rate.