Certain U.S.-based Florida and Delaware LLPs and LLLPs, with many partners, which carry on business in Canada, are unable to qualify for relief, from CRA’s position on such entities being corporations, by converting to LPs because, for business reasons, they cannot do so. Amending all previous years’ returns for all individual partners would be impractical. Would the CRA consider allowing these entities to file as a corporation on a go-forward basis while leaving its previous years’ partnership/partner filings unchanged?
CRA indicated that if taxpayers were unable to convert to a partnership in accordance with its previous announcements on this issue, it is open to prospective treatment as a corporation, with prior problems being allowed to stand. Submissions from taxpayers and their representatives are welcomed. CRA will review such submissions to see that there is no unwarranted benefit or undue tax advantage, including a review of the relevant tax attributes.