On September 1, 2015, Mr. X, who held 50% of the units of an LP (“SENC”), transferred his units to a wholly-owned corporation ("Xco"). On December 31, 2015, SENC allocated its 2015 income to the other partner (Mr. Y) and Xco on a 50-50 basis. Would CRA apply ss. 96(1.01) and 103(1.1) to reallocate income to Mr. X? CRA responded:
When a taxpayer ceases to be a partner of a partnership in the course of a fiscal period of the partnership, the deeming rule in paragraph 96(1.01)(a) applies so as to deem the taxpayer – for purposes inter alia of subsection 96(1) and section 103 – to be a partner of the partnership at the end of its fiscal period. Therefore, the specific anti-avoidance rules of section 103 could apply to ensure that income was allocated to X for the year of X’s withdrawal from the partnership. However, …we cannot comment [on any application of s. 103] without first having examined all the facts….