Principal Issues: [TaxInterpretations translation] Is a partnership a person for the purposes of section 148(7)?
Position: Yes
Reasons: The Agency's practice is to consider a partnership to be a person for the purposes of computing income. Subsection 148(7) is a provision that applies in computing income.
June 5, 2007
Laval Tax Services Office Headquarters
Technical Services Income Tax Rulings Directorate
Attention: Ms. Liliane Moarkech Michel Lambert, CA, M.Fisc.
(613) 957-89682007-023729
Application of subsection 148(7)
This is further to your fax of May 24, 2007, in which you asked whether section 148(7) applies to the situation described below.
Unless otherwise indicated, all statutory references herein are to provisions of the Income Tax Act (the "Act").
The Facts
Corporations that were related to each other transferred their businesses to limited partnerships. They held XXXXXXXXXX% of the shares and unrelated persons held XXXXXXXXXX%. The reorganization took place in XXXXXXXXXX.
Subsequently, the corporations, the policyholders and beneficiaries of life insurance policies, transferred those policies to the limited partnerships for no consideration.
Your Question
You asked whether section 148(7) applies to such transfers to limited partnerships.
Our Opinion
Paragraphs 96(1)(a) and (c) provide, inter alia, that where a taxpayer is a member of a partnership, the taxpayer's income, non-capital loss, net capital loss, restricted farm loss and farm loss for a taxation year, or the taxpayer’s taxable income earned in Canada for a taxation year, as the case may be, is computed as if the partnership were a separate person resident in Canada, and as if each partnership activity (including the ownership of property) were carried on by it as a separate person.
Subsection 148(7) is part of Division G of Part I of the Act and is relevant, inter alia, to the computation of the income of a taxpayer who disposes of a life insurance policy by way of gift or distribution from a corporation to a person. Based on the terms of subsection 96(1), CRA's practice is to treat a partnership as a person for the purpose of computing the income of the partnership and its members under Division B of Part I of the Act.
Based on the above, we are of the view that a partnership is a person for the purposes of subsection 148(7). That subsection would therefore apply to the disposition of life insurance policies if the conditions set out therein are satisfied.
Access to Information
For your information, unless exempted, a copy of this memorandum will be severed using the Access to Information Act criteria and placed in the Canada Revenue Agency's electronic library. A severed copy will also be distributed to the commercial tax publishers for inclusion in their databases. The severing process will remove all material that is not subject to disclosure, including information that could disclose the identity of the taxpayer. Should your client request a copy of this memorandum, the electronic library version can be provided. Alternatively, the client may request a severed copy using the Privacy Act criteria, which does not remove client identity. Requests for this latter version should be made by you to Ms. Jackie Page at (819) 994-2898. A copy will be sent to you for delivery to the client.
We hope that these comments are of assistance.
Manager
Financial Sector and Exempt Entities Section
Income Tax Rulings Directorate
Legislative Policy and Regulatory Affairs Branch