CRA finds that s. 129(6) deemed business income arises during taxation year of associated payer rather than payee
18 July 2019 - 12:07am
Corporation B, which carried on an active business, paid rent to Corporation A. As a result of an acquisition of its control, Corporation B ceased to be associated with Corporation A and had a fresh taxation year commence on March 28, 2018.
CRA found that “any taxation year” in s. 129(6) referred to taxation years of Corporation B rather than Corporation A, so that s. 129(6) only deemed Corporation A to have active business income from the rents generated by it during the short Corporation B taxation year ending on March 27, 2018 rather than for all of Corporation A’s calendar taxation year.
Neal Armstrong. Summary of 6 June 2019 External T.I. 2019-0795751E5 under s. 129(6).