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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|---|---|---|
| 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...
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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| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) | 45 |
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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|---|---|---|
| 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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|---|---|---|
| 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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| 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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|---|---|---|
| Tax Topics - Income Tax Act - Section 253.1 | top tier partners are lower tier partnership members | 242 |
| Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) | 242 | |
| Tax Topics - Statutory Interpretation - Provincial Law | 97 |
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...
Interpretation Bulletin IT-413R, Election by Members of a Partnership under subsection 97(2), July 7,1989
S. 102(2) is for greater certainty
1. Paragraph 102(b) clarifies that the rules in subdivision j (sections 96 to 103) apply to a partnership which...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 97 - Subsection 97(2) | 102 |
Articles
Allgood, "Recent Developments in Asset-Backed Securitization", 1993 Conference Report, c. 16
Discussion of custodial arrangements giving unequal interests in choses in action.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Timing | 20 | |
| Tax Topics - Income Tax Regulations - Regulation 7000 - Subsection 7000(1) - Paragraph 7000(1)(b) | 17 |