While the Income Tax Act of Canada provides specific rules governing the manner in which a partnership is taxed, there are no rules that apply specifically to joint ventures. The terms“syndicate” and “association” are also sometimes used to describe a form of a joint venture that is not a partnership. Generally, the CRA’s position (supported […]
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RSS feed for this sectionClassification of foreign business or investment vehicles as partnerships
The recognition of a business or investment vehicle as a partnership under the laws of a foreign jurisdiction or its classification as a partnership under foreign tax laws does not mean that it will be considered a partnership for purposes of the Act. According to the Canada Revenue Agency (CRA), the status of a foreign […]
What is Recognized as a Partnership for Purposes of the Income Tax Act?
Although the term “domestic partnership” is sometimes used in a tax planning context to describe a partnership constituted under the laws of a Canadian province and the term “foreign partnership” is used to refer to a partnership governed by foreign law, these terms have little relevance for Canadian income tax purposes. The Act does not […]
Limited partner status under the Income Tax Act
The treatment of a particular partner under the Act can vary depending on whether the partner is considered to be a “limited partner” as defined in the Act. Among other things, if a partner is a limited partner, specific at-risk rules apply to restrict the partner’s ability to deduct partnership losses For purposes of the […]
Types of partnerships recognized by Canadian law and the Income Tax Act
Canadian commercial law generally recognizes two forms of partnerships: the general partnership and the limited partnership. The partnership statutes of most Canadian provinces now recognize a third variant, the limited liability partnership. In a general partnership, subject to the partnership agreement, all partners may take part in the management of the partnership business. Every partner […]
The Taxation of Partnerships in Canada
Under Canadian principles, a partnership is a relation that subsists between persons carrying on a business in common with a view to profit. As discussed below, the requirements for a business which is carried on in common with a view to profit are considered the three key requirements for a partnership to exist under Canadian […]
About Limited Partners in an Ontario Limited Partnerships
In an Ontario Limited Partnership, The Ontario Limited Partnership must also have a minimum of one Limited Partner, which may be an individual, corporation, trust or private foundation and need not be a Canadian resident. US Trusts are commonly used to good effect in this role. The Limited Partner details are not publicly disclosed and […]
About Canadian Limited Partnerships
A Canadian LP will be formed through filing a declaration with the Registrar and based on the requirements of the province of Ontario, the following is an outline of the information to be disclosed (other provinces may have additional disclosure requirements): Name and address of the LP; Name and address of General Partner and General […]
