Subsection 99(1) - Fiscal period of terminated partnership
See Also
MacDonellv. MNR, 54 DTC 14 (ITAB)
The withdrawal by the taxpayer from a firm of chartered accountants did not lead to any change in the partnership's fiscal period in light inter alia of a provision in the partnership agreement which provided that "the death or retirement of any partner shall not dissolve the partnership as between the remaining partners". Accordingly, the taxpayer was unable to take advantage of the relieving provisions of s. 34A of the 1948 Act.
Administrative Policy
2016 Ruling 2015-0617101R3 - 99(1) and timing of ACB adjustment
The sole limited partner (LPco) transfers it interest in an LP under s. 85(1) to the general partner (GPco), thereby triggering the simultaneious termination of the LP and the transfer of its property to GPco.
CRA ruled that, by virtue of s. 99(1) deeming the LP fiscal period to have ended two instants of time before the termination of the LP, the ACB of the transferred partnership interest reflected a proportionate share of LP’s income for the year ending with the termination of LP– and also ruled re the application s. 98(5). CRA also did not dispute the proposition that the deemed year-end caused by 99(1) was for the final taxation year of the LP.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(e) - Subparagraph 53(1)(e)(i) | ACB of limited partner’s and GP’s interest increased by YTD income on s. 98(6) wind-up arising on GP’s s. 85 purchase of limited partner’s interest | 304 |
| Tax Topics - Income Tax Act - Section 98 - Subsection 98(5) | on a s. 98(5) wind-up, the ACB of the transferor partner’s interest is bumped by YTD income | 105 |
6 January 2014 External T.I. 2013-0477711E5 - Limited partnership losses and dissolution
A sale of assets by a limited partnership before a cessation of its operations resulted in a terminal loss. Before addressing an at-risk amount question, CRA stated:
[P]aragraph 98(1)(a)… generally provides that…the partnership is deemed not to have ceased to exist and a partner is deemed not to have ceased to be a partner until such time as all the partnership property and any property substituted therefor has been distributed to the persons entitled by law to receive it. Nevertheless, unless an election is made under subsection 99(2) of the Act, subsection 99(1)...provides that a fiscal period of a partnership is considered to end immediately before the time that is immediately before the time the partnership ceased to exist. Subsequently, on the distribution of the partnership property there will be another fiscal period end.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 96 - Subsection 96(2.1) | partnership termination | 124 |
15 July 2008 External T.I. 2008-0275471E5 F - Société de personnes/Ajustement au PBR
Pending the amendment to s. 99(1), will CRA apply the Act such that the income or loss of a partnership for its last taxation year before its dissolution will be taken into account in computing the adjusted cost base ("ACB") of a partner's interest under paragraph 53(1)(e)? CRA first noted:
The current wording of subsection 99(1) provides for the end of the fiscal period of a partnership immediately before the time at which the partnership ceases to exist. That is the same time as the time referred to in subparagraph 40(1)(a)(i). Thus, the partner's share of the partnership income is not attributable to a fiscal period ending before the particular time (the end of the fiscal period being the particular time). The result … is double taxation for the partner of the partnership … .
CRA then indicated that it was prepared in such situations to rule, pending the amendments coming into force, so as to apply the law to avoid double taxation of a member of a partnership.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(e) - Subparagraph 53(1)(e)(i) | CRA intent to avoid double taxation from untimely basis adjustment for earned income | 45 |
Subsection 99(2) - Fiscal period of terminated partnership for individual member
Cases
Darke v. MNR, 76 DTC 6468, [1976] CTC 734 (FCTD)
Sweet, D.J. stated, obiter, that "the end of the term of a partnership and the completion of the winding up of its affairs may not necessarily be concurrent."