2023 TurboTax® Canada Tips

Losses From Investing in a Failed Business

TurboTax Canada
December 4, 2019 | 3 Min Read

Don’t assume the Canada Revenue Agency (CRA) will reduce or eliminate your taxes on the basis of a business failure. How much of the loss you can declare on your tax return depends upon the specifics of the business and the nature of its failure. In some instances, like losses from a “hobby” business, the CRA may deny business losses entirely.

Operating vs. Investing in a Business

Profits and losses from running a business may seem identical to profits and losses from investing in a business. However, the two activities receive different tax treatment.

The CRA tax treatment of money lost in a failed business investment can work against you in a way that the failure of a business you operated cannot. John Pinson, a CPA in British Columbia, notes that “The CRA’s distinctions between businesses and investments are not always obvious and require careful study or professional advice. Americans with businesses in Canada should not assume that the CRA’s rules are the same as the U.S. IRS’s rules in this area – they’re not.”

Whether a specific enterprise is a business or an investment sometimes could be a matter of interpretation. Pinson advises clients, “It’s always a good idea to get a ruling from the CRA in this area.” The status of these activities is discussed at greater length in CRA document IT459, “Adventure or Concern in the Nature of Trade.” When the taxpayer and the CRA can’t agree, the determination may be left to the courts.

Qualifying Investment Losses

Investment losses are ordinarily deductible only against offsetting capital gains. However an investment loss may be partially deductible against income if it meets certain criteria:

In many instances, the status of your investment according to these criteria will be clear; in others, determining its status – and specifically whether the investment qualifies for favourable tax treatment – may require advice from a CPA or other tax professional.

Deduction Qualifications

At the end of 10 years, however, any remaining losses become capital losses and are deductible only from capital gains. If your investment is not what the CRA deems a qualifying business investment, you can recover your loss only when you have offsetting capital gains. Capital losses that exceed capital gains in the current tax year can be recovered in three preceding years and in any following years.

Possible Disqualifications

There are several instances where the CRA may disqualify your investment loss entirely.

References & Resources