As part of the restructuring of the financing of its corporate group, Corporation A borrowed from a financial institution in order to make a capital contribution to the ABC Partnership, which used that amount to repay a debt to another financial institution. Corporation A on-charged its borrowing expenses to the ABC Partnership. Pursuant to s. 20(1)(e)(ii.2), can the ABC Partnership deduct over five years the financing expenses charged to it by Corporation A?
After noting that there were insufficient facts, CRA stated:
It is possible that the transactions do not constitute a restructuring of ABC Partnership's debt, so that subparagraph 20(1)(e)(ii.2) would not be applicable. In addition, it would be necessary to consider whether the fees charged by Corporation A truly constitute an expense of the ABC Partnership and whether they were reasonable in the circumstances.