17 July 1991 Internal T.I. 911577 F - Active vs. Passive Income for Small Business Deductions

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

Dear Sirs:

This is in reply to your letter of June 5, 1991 wherein you requested a technical interpretation on paragraph 2 of Interpretation Bulletin IT-73R3. In particular, you requested our view on whether the policy in paragraph 2 of IT-73R3 would apply to a partnership or co-ownership where the sole purpose of the partnership or co-ownership was to hold a property to be rented with limited landlord responsibilities.

IT-73R3 was cancelled and replaced by Interpretation Bulletin IT-73R4 on February 13, 1989. In paragraph 5 of IT-73R4, it states that where a corporation was incorporated to earn income by carrying on business, there is a general presumption that profits arising from its activities are derived from a business. However, it further states that, in some circumstances, a corporation's entire profits can be characterized as income from property, as might be the case where the corporation is formed for the sole purpose of holding a property to be rented with limited landlord responsibilities.

Our Comments

The general presumption as stated on paragraph 5 of IT-73R4 was based on court cases which had no application to partnership or co-ownership. Therefore, in our opinion, this general presumption is on only applicable to a corporation. While the situation of a partnership or co-ownership would be determined based on the facts of a specific case, the circumstances set out in your letter are an indication that earnings may be viewed as income from property.

These comments represent our opinion of the law as it applies generally. As indicated in paragraph 21 of the Information Circular IC70-6R2, this opinion is not a ruling and accordingly, it is not binding on Revenue Canada, Taxation.

Yours truly,

for DirectorBusiness and General DivisionRulings DirectorateLegislative and Intergovernmental     Affairs Branch