An individual holding a former small business corporation with no assets or liabilities but with significant non-capital losses ("Lossco") claims an allowable business investment loss under ss. 50(1)(b)(iii) and 39(1)(c), and then transfers Lossco to a corporation owned by his father, with Lossco being wound-up into such corporation.
Before commenting on the loss utilization transaction, CRA indicated that the individual likely did not qualify for an ABIL having regard inter alia to Lossco's shares having a positive value. It stated (TaxInterpretations translation):
The condition provided in ITA clause 50(1)(b)(iii)(C) is that the fair market value of the shares which are subject to the election under ITA subsection 50(1) must be nil. In this regard, it appears to us that the valuation of the shares in the situations described above would normally take into account the accumulated tax losses which can eventually be deducted in the computation of a corporation's income.