A non-resident corporation owned by a non-resident individual purchases a Canadian vacation home that is available for use by that individual and family members. CRA found that if no rent is paid, there is a resulting taxable benefit (which, per s. 15(7), can apply even though the corporation is non-resident) and that s. 214(3)(a) deems the benefit to be a dividend paid to the non-resident shareholder by a Canadian corporation for Part XIII tax purposes. CRA stated:
The CRA’s view remains that subsection 15(1) … applies when a non-resident corporation confers a benefit in the form of making available to its non-resident shareholder or to an individual that does not deal at arm’s length with the non-resident shareholder (such as their family members) a property located in Canada.