If a closely held corporation is actively engaged in equipment leasing, the equipment leasing is treated as a separate activity not covered by the at-risk rules. A closely held corporation is actively engaged in equipment leasing if 50% or more of its gross receipts for the tax year are from equipment leasing. Equipment leasing means the leasing, purchasing, servicing, and selling of equipment that’s section 1245 property.
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Where a CCPC has a RDTOH balance, since it has earned passive income, yet has also earned income that is active not subject to the small business deduction, there is an opportunity to benefit from additional deferral. The income that was taxed at the active tax rate of 26.7% would be eligible to be paid to the shareholder as an eligible dividend (“Eligible Dividend”). When an Eligible Dividend is paid that generates a tax refund from the RDTOH pool of the company, there is a 4% tax savings than if the dividend was not an Eligible Dividend. Profits from passive income do not need to be paid as a dividend that is not an Eligible Dividend to the shareholder for the corporation to recover its RDTOH pool. There is currently no ordering rule or tracking system forcing corporations to declare and pay a dividend that is not an Eligible Dividend taxed at a higher rate in the individual’s hands in order for it to recover its RDTOH.
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