Ch. 37 - Partnerships Flashcards
General partnership vs limited partnership
general - a general partner is jointly and severally liable for debts of the partnership
limited - a limited partner’s exposure is limited to the investment in the partnership
Adjustments to ACB
1. Business income / loss (added or deducted)
- income is added / losses are deducted
Adjustments to ACB
1. capital gains/losses (added or deducted)
- full amount of capital gain is added and full amount of capital loss is deducted
Adjustments to ACB
1. Business investment losses (added or deducted)
- deducted
Adjustments to ACB
1. Dividends (added or deducted)
- the actual amount subject to tax (not the grossed up amount) is added. Capital dividends are also added
Adjustments to ACB
1. Charitable donations (added or deducted)
- deducted
Adjustments to ACB
1. Political donations (added or deducted)
- deducted
Negative ACB
1/2 of the negative amount is included as a taxable capital gain (not for general partners)
Criteria for a limited partner are
- the liability for debts of the partnership are limited to investment in the partnership
- the taxpayer does not participate in management of the partnership
At-Risk Amount for Limited Partners (calculation)
ACB of interest \+ current year income - amounts owed to partnership - other amounts intended to reduce investment risk = at risk amount
Transfer of property to a Partnership
- not tax deferred
- tax deferred
- a deemed disposition at FMV
2. section 97(1) is similar to section 85