Mr. A owned 50% of a real estate management company (Hco), which derived substantially all of its income from providing services to a corporation owned by Mrs. A with a real estate business. Hco was 50% owned by an unrelated third party, and was not associated with Wco.
CRA noted that, absent an election under s. 125(3.2), the total active business income (ABI) derived by Hco from Wco would be excluded under s. 125(1)(a)(i)(B) from its income eligible for the small business deduction because (applying the two conditions in s. (a)(i)(A) of the “specified corporate income” (SCI) definition): Mrs. W, who had an interest in Wco, did not deal at arm’s length with a shareholder of Hco (Mr. A); and it was not the case that substantially all of Hco’s ABI was from the provision of services (or property) to persons (other than Wco) with which Hco dealt at arm’s length.
However, the ABI otherwise carved out under the SCI definition could be restored under s. 125(1)(a)(ii.1) to the extent that Wco assigned all or a portion of its business limit to Hco under s. 125(3.2).