Background
A development property (the “Property”) that is divisible into various parcels is held in co-ownership by the two Taxpayers and the “Minority Co-owners”).
Overview of partition
The parties to this “Joint Venture” have determined that it would be preferable to divide the Property into various parcels with each Taxpayer taking a leadership position respecting the development of one, or the other, set of parcels. Accordingly, there will be a partition resulting in Taxpayer 1 only having co-ownership interests in one set of parcels (“Property 1”) and Taxpayer 2 only having co-ownership interests in the second set of parcels (“Property 2”). However, the Minority Co-owners will maintain an interest in all XXXXXXXXXX land parcels equal to their pre-existing interest in all of the Property. Property 1 has a FMV equal to the FMV of Property 2.
Particulars of partition
In particular, the Property will be partitioned resulting in a change to the beneficial ownership of the Property such that Property 1 will be owned by Taxpayer 1, and Property 2 will be owned by Taxpayer 2, in each case, in co-ownership with the Minority Co-owners
The FMV, immediately after the partition, of each of the new interests acquired by each of the Owners will be equal to the FMV, immediately before the partition, of each of the Owners' previous undivided interests in the Property. There will be no cash payments among the Owners and no debt assumption or other FMV equalization mechanisms.
Ruling
S. 248(21) will apply to the partition.