CRA further extends grandfathering relief for Florida and Delaware LLPs and LLLPs

CRA has further extended its grandfathering relief from its view of Florida and Delaware LLPs and LLLPs as corporations, so that any such entities formed before 26 April 2017 would be accepted as partnerships for all prior years as well as all future years, provided that none of the following applies:

• one or more members of the entity, or the entity itself, takes inconsistent positions from one taxation year to another, or for the same taxation year, as between partnership or corporate treatment;
• there is a significant change in the membership or the activities of the entity; or
• the entity is being used to facilitate abusive tax avoidance.

CRA also indicated that such entities, if treated as corporations (e.g., they were formed after 26 April 2017), would be treated the same as LLCs for purposes of para. IV(6) of the Canada-US Treaty, and that s. 93.2 would apply to them.

Neal Armstrong. Summaries of 26 April 2017 IFA Roundtable, Q.3 under s. 96, s. 93.2 and Treaties, Art. 4.