The sole limited partner (LPco) transfers it interest in an LP under s. 85(1) to the general partner (GPco), thereby triggering the simultaneious termination of the LP and the transfer of its property to GPco.
CRA ruled that, by virtue of s. 99(1) deeming the LP fiscal period to have ended two instants of time before the termination of the LP, the ACB of the transferred partnership interest reflected a proportionate share of LP’s income for the year ending with the termination of LP– and also ruled re the application s. 98(5). CRA also did not dispute the proposition that the deemed year-end caused by 99(1) was for the final taxation year of the LP.