5 June 2009 Roundtable, 2009-0324161C6 - Functional Currency Tax Reporting

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

Principal Issues: Tax treatment of the income or losses of a partnership in circumstances where a member of the partnership elects to report its Canadian tax results in a functional currency

Position: The member's income or loss from the partnership for the partnership's last fiscal period that ends before the last day of the member's first functional currency year is computed in Canadian currency and converted to the member's elected functional currency in the manner specified by paragraph 261(5)(c)

Reasons: Paragraphs 261(5)(c) and 261(6)

Canadian Petroleum Tax Society Conference
Functional Currency Tax Reporting

Subsection 261(6) sets out rules that apply where a taxpayer reports its Canadian tax results in a functional currency and is a member of a partnership. In general terms, subparagraph 261(6)(a)(iii) appears to provide that the first fiscal period of the partnership that ends on or after the end of the particular taxpayer's first functional currency year is to be the partnership's first functional currency year.

Assume that a Canadian resident corporation (Canco) has a taxation year ending on December 31 and that Canco is a member of a partnership with a fiscal period ending before December 31 (e.g., October 31). In addition, assume that Canco makes an election to report its Canadian tax results in a functional currency and that its first functional currency year will end on December 31, 2009. Pursuant to subparagraph 261(6)(a)(iii), the fiscal period of the partnership ending on October 31, 2009 would appear to not be a functional currency year of the partnership.

Question 4:

Does the CRA agree with the above interpretation?

Question 5:

If the CRA agrees, how will Canco (i.e., a functional currency tax reporter) account for the CDN$ partnership income allocated to it for the fiscal period ending on October 31, 2009?

Response

Q4: In general terms, subsection 261(6) provides that, for the purposes of computing the Canadian tax results of Canco, section 261 is to be applied, inter alia, as if:

• the partnership were a taxpayer that had, as its first functional currency year, its first fiscal period that ends at least six months after the day that is six months before the end of Canco's first functional currency year; and
• the partnership were a taxpayer that had, in the relevant fiscal periods, the same elected functional currency as Canco.

In the example described above, subsection 261(6) would apply so that, in computing Canco's Canadian tax results, the partnership's first functional currency year would be its first fiscal period that ends after December 31, 2009 (in this example, its fiscal period beginning on November 1, 2009 and ending on October 31, 2010).

Q5: The amount of Canco's income or loss from the partnership for the fiscal period of the partnership ending on October 31, 2009 would be converted to Canco's elected functional currency in the manner specified by paragraph 261(5)(c).