To the extent that a Quebec partnership does not carry on business, is the property income earned by it taxable only in each partner's province of residence pro rata to each partner’s interest? CRA responded:
… ITR subsection 2601(1) provides that if an individual resides in a particular province on the last day of a taxation year and has no income for the taxation year from a business with a permanent establishment outside the province, the individual’s income earned in the taxation year in the particular province is the individual’s income for the taxation year.
Consequently, where a partnership derives income during a taxation year that is not from a business, we are of the view that ITR subsection 2601(1) would apply and the income as computed under ITA subsection 96(1) should be allocated to the partners of the partnership pursuant to the partnership agreement. That income would retain its nature in the hands of the partners and be taxable in the province of residence of each partner of the partnership.