Small residential rental

{This should be moved to a new topic.} << Thanks to whomever did so!

That is not a plan that will pass an audit.

Having the kids as shareholders doesn’t convert single-property income to Active Business Income. Nor will it pass the smell test if they “work” in the “business” to make it “Active”.

Suck it up. You made a tonne of money…pay the tax on the cap gain.

Minimize the tax hit by taking it out a bit at a time as it will give rise to CDA and offer the oppo for distribution via Capital Dividends for the tax-free portion of the gain.

The only other alternative is to reorg, do a Sec 85 rollover and bring the kids in, but it won’t change the ultimate result a lot if much of the gain is already in hand. Get a tax lawyer involved - this is not something to “just do”.

3 Likes