Could CRA confirm that an interest-free loan between two corporations owned by different shareholders does not give rise to a taxable benefit under s. 15(1) or 246(1)?
Before going on to indicate that s. 246(1) would not apply, CRA stated:
[S]ubsection 15(1) could apply to the extent that it is established that a benefit is conferred by a particular corporation (“Aco”) on, for example, an individual who does not deal at arm's length with, or is affiliated with, a shareholder of Aco or its contemplated shareholder. That said, our Directorate does not generally consider that a benefit is conferred under subsection 15(1) in the context of a bona fide inter-corporate loan made in the ordinary course of the corporations' business. … Subsection 15(1) could apply, for example, if at the time the loan is made by Aco, the other corporation (“Bco”) is unable to repay the loan and/or provide reasonable security, with the result that the value of Aco would be impaired.
CRA also indicated, if the loan was not bona fide, the application of s. 56(2) should also be considered.