A Quebec crown agent was a member of a limited partnership (the “LP”) and held LP debt. In finding that s. 181.2(3)(g) should be applied on the basis that a corporation (the Quebec government) was thereby a member of the LP and held the debt, the Directorate first noted:
Subsection 248(1) defines a corporation for the purposes of the Act as [TaxInterpretations translation of French definition] "except in the term “partnership”, means a legal person, including a company.” It therefore follows that XXXXXXXXXX, being a legal person under its incorporating statute, is a corporation for the purposes of the Act.
The Directorate then noted that the interest in the LP held by the Crown agent and the debt owing to the Crown agent were property of the Quebec government, and stated:
Therefore, it is the Government that must be considered for the purposes of subparagraph 181.2(3)(g)(i).