Can rental income be claimed as Active Business Income (ABI)?
In most cases, income from the property will be considered as passive income and would not qualify for a small business deduction. For example, rental income is considered a passive income (income from property) unless the company has 5 full-time employees. However, in a rare circumstance it can be treated as ABI and eligible for small business deduction limit without hiring more than five full-time employees as described below:
A corporation may derive income from holding property in Canada (e.g., income in the form of real estate rentals, interest, or royalties). If such income is received or receivable from an associated company and the amount is or may be deductible in determining the associated company’s income from an active business carried on by it in Canada, then paragraph 129(6)(b) deems the income in the recipient’s hands to be income from an active business carried on by it in Canada.
If subsection 129(6) deems rental income to be active business income and capital cost allowance on the rented building was deducted in calculating active business income, any recapture of capital cost allowance on the disposition of the building would also be considered to be active business income.