Section 102

Subsection 102(1)

Administrative Policy

26 January 2015 External T.I. 2014-0547501E5 - Certificates of residency and partnerships

After noting its earlier position at 3 December 2013 TEI Roundtable Q. 9, 2013-0510851C6 that a certificate of residency was not available for a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 2 - Subsection 2(1) certification of Canadian partnership at request of authorized representative 91

3 February 1992 T.I. (Tax Window, No. 16, p. 20, ¶1727)

Where there is a two-tier partnership, all the members of the top partnership must be Canadian partners in order for the bottom partnership to be...

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18 November 1991 Memorandum (Tax Window, No. 11, p. 6, ¶1536)

RC doubted the correctness of an argument that where an interest in a partnership was held by a Canadian resident corporation as bare trustee for...

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Subsection 102(2) - Member of a partnership

Cases

Canada v. Green, 2017 FCA 107

Before going on to find that business losses of a lower-tier partnership flowed through an upper-tier partnership without the upper-tier...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 96 - Subsection 96(2.1) business losses of lower-tier LPs flowed through upper-tier partnership 542
Tax Topics - Income Tax Act - Section 111 - Subsection 111(1) - Paragraph 111(1)(e) upper-tier LP not required to compute income and therefore not subject to s. 111(1)(e) 115
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) partnerships not taxpayers for ss. 3 and 111 purposes 41

See Also

BCM Cayman LP & Anor v Commissioners for His Majesty's Revenue and Customs, [2023] EWCA Civ 1179

The taxpayer (“Cayman Ltd.”) was a Cayman company which was the general partner of a Cayman LP (“Cayman LP”). Cayman Ltd. had been...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation UK LLP is a corporation 67

Devon Canada Corporation v. The Queen, 2013 TCC 415

iIn finding that the income allocated to the taxapyer through two tiers of partnerships continued to be attributable to the underlying resource...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 66.7 - Subsection 66.7(10) - Paragraph 66.7(10)(j) drop-down to 2nd tier partnership following deemed successoring 320

Major v. Brodie & Anor, [1998] BTC 141 (Ch. D)

The taxpayers used borrowed money to make a contribution of capital to a partnership (Skeldon Estates) which was a member of a second partnership...

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Administrative Policy

91 C.R. - Q.3

Where partnership A, a member of partnership B, does not carry on an active business otherwise than by virtue of partnership B carrying on an...

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Articles

Allgood, "Recent Developments in Asset-Backed Securitization", 1993 Conference Report, c. 16

Discussion of custodial arrangements giving unequal interests in choses in action.