CRA apparently accepts that real estate sales can be made through a JV operator for ETA s. 273 purposes where the sales are made in the name of the co-venturers or separate nominee

In P-106, CRA states that a manager who has no co-ownership interest in a real estate joint venture nonetheless can qualify as a "participant" in the JV, so that it generally will be eligible to be designated as the JV "operator" under an ETA s. 273 election, if it "is responsible for the managerial or operational control of the joint venture."

CRA has issued an Interpretation with a detailed description of a JV arrangement where this requirement would be satisfied (with the manager making routine decisions and listed major decisions, e.g., budget approvals, requiring co-owners’ approval), so that the election appeared to be available.

S. 273 is stated to apply to JV-related properties and services supplied or acquired by the operator "on behalf of" the co-venturers. Here, the manager was described as merely managing and supervising sales of new homes, which may imply that nothing more is required in order for such sales to be considered to have been made by the manager on behalf of the co-owners.

Neal Armstrong. Summary of 2 December 2014 Interpretation 164312 under ETA s. 273(1).