Relevant facts
A société civile de placement immobilier (“SCPI”) [real estate investment company] was formed for a limited term to invest directly or indirectly in rental properties and was resident in France. The interests of its partners in it are measured by shares, and for French tax purposes, its income is allocated to them. Under French law, an SCPI has legal personality, has the capacity to enter into contracts with third parties, has its own assets and is liable for the debts it may incur. Liability of the partners is limited to their subscribed capital.
Proposed transaction
The SCPI will acquire a Canadian rental property located in Canada in accordance with its investment and diversification policy.
Rulings
For purposes of the Act, the SCPI is a “corporation” as defined in s. 248(1).
For the purposes of s. 216, it is a “person” who can file a return of income under Part I of the Act in respect of the payment of rents from real or immovable property situated in Canada to the extent that the other conditions set out in s. 216 is satisfied.
For purposes of the application by Canada of the Canada-France Convention, it is a “company” within the meaning of the definition thereof in Art. 3(1)(c) of such Convention.