An individual, a sole shareholder of a corporation, borrows money in order to earn business or property income. To secure his personal loan, his corporation grants a mortgage on a building it owns. The shareholder makes all principal and interest payments on his loan, and also pays his corporation a reasonable fee for the grant of the security (a “guarantee fee”).
CRA indicated that the guarantee fee would generally be a capital expenditure and, therefore, likely would be non-deductible unless s. 20(1)(e.1) or (e) applied. It then stated:
Paragraph 20(1)(e.1) would not apply in the situation described above if the guarantee fee is a one-off amount paid at the time the loan is granted for the duration of the loan and the loan has a term of a number of years.