7 October 2011 Roundtable, 2011-0399411C6 F - Société de personnes - 103(1.1) -- summary under Subsection 103(1.1)

A parent donates money to the parent’s adult children, who jointly invest those amounts in a family partnership newly-formed by them, with income being distributed and allocated to each in proportion to the respective amounts invested. Could s. 103(1.1) apply? CRA responded:

Determining a reasonable allocation of income of a partnership among non-arm's length partners for the purposes of subsection 103(1.1) is a question of fact that depends on the circumstances of each case.

Thus, it appears to us that in your example, subsection 103(1.1) could apply even if the partnership agreement provides for a prorated share of the amounts invested by each partner.

Topics and taglines
Tagline
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
528329
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
528330
Extra import data
{
"field_editor_tags": [],
"field_roundtable_subquestion": "",
"field_stub": false,
"field_legacy_header": ""
}
Workflow properties
Workflow state