The activities of a limited partnership (“Foreign LP), governed by foreign or provincial law are lending to borrowers that are resident in and outside Canada. The general partner (“GP”) has delegated all its functions regarding the investment activities of Foreign LP to an affiliate (the “Manager”), which is also a taxable Canadian corporation. All the limited partners are non-residents or partnerships other than Canadian partnerships. None is affiliated with any of GP, the Manager, or any person or partnership described in s. 115.2(2)(c)(ii)(A) or (B). Their only connection to Canada is their investment in Foreign LP.
CRA stated:
The making of loans by the Manager on behalf of Foreign LP would generally qualify as “designated investment services” as defined in subsection 115.2(1). The definition “qualified investment” in subsection 115.2(1) includes “indebtedness,” and there is no indication that an acquisition, holding and disposition of a debt acquired on original issue through the services of a Canadian service provider are meant to be excluded from the application of subsection 115.2(2).