In 2015-0610641C6, two spouses jointly acquired a specified foreign property with a cost amount of $150,000, with Mr. A contributing $75,000 cash and gifting $75,000 cash to Mrs. A towards the purchase of the specified foreign property. CRA opined that as joint owners, there would be a comparison of each spouse’s share of the property to the $100,000 threshold and that each spouse’s share of the specified foreign property would generally be based on the respective amount contributed. How is this answer changed by the attribution rules? CRA responded:
[T]he reporting requirements under section 233.3… are independent of any determination and related income reporting requirements with respect to the attribution rules…..
Accordingly…each reporting entity would report their ownership interest in specified foreign property (i.e., if the total cost amount of specified foreign property to the entity exceeds $100,000). Furthermore, the reporting entity would report their share of income and/or gains/losses with respect to specified foreign property on Form T1135, based on their ownership interest in the underlying property and without consideration given to the attribution rules.