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Business -> Business investment lossIncome Tax Act s. 38(c), 39(1)(c), 39(9), 50(1), 111(1)(a), 111(8)A business investment loss is a capital loss arising from an arm's length disposition of:
50% of the business investment loss can be used to reduce taxable income, as an allowable business investment loss (ABIL), which:
A loss may not qualify as a business investment loss under certain circumstances, such as when a capital gains deduction has been claimed in prior years. A taxpayer can elect under s. 50(1) to have disposed of the above shares or debt for nil proceeds and to have reacquired the shares or debt immediately after the end of the year for nil cost if:
The advantage of this is that the taxpayer can write off the investment while still retaining ownership. The investment may be worth something in the future. If the loss is from debt owed to the taxpayer by the corporation, the taxpayer may use the corporation for starting another business in the future, at which time the debt could be recovered, because it would still be recorded on the books of the corporation. Any recovery of amounts previously deducted would have to be included in income. |
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