Running a Partnership Business in Canada
When setting up a business, there are three main structures that can be used. These include a business partnership, sole proprietorship, and a corporation. A partnership involves a relationship or association between two or more individuals, corporations, trusts, or partnerships that have joined together to carry on business or trade.
The partners contribute money, labour, property, skills, or other assets and resources to the partnership. They are then entitled to share business profits or losses. These are divided based on the partnership agreement. While corporations require registration and more processing, sole proprietorships and partnerships are much simpler to form. Most partnerships have a written agreement that sets out rules for partners to enter or leave it, how to divide the income, and other relevant topics.
Paying Taxes as a Business Partnership
Partnerships do not pay income tax on operating results or file an annual income tax return. Instead, each partner files their own personal, corporate, or trust income tax return in which they include a share of the partnership income or loss. Even if the share of income was received in cash or as a credit to the partnership’s capital accounts, it still needs to be reported. Depending on their situation, a different form applies and needs to be filed. Here is a list of the forms for different business partnership activities:
Business Partnerships that Need to File the T5013 Form
The T5013 form is only filed for a partnership that carries on business in Canada, or a Canadian partnership with Canadian or foreign operations or investments. It has to be done for each fiscal period in the following situations:
- The partnership has an absolute value of revenues plus an absolute value of expenses totalling more than $2 million.
- Alternatively, they meet this criteria if they have more than $5 million in assets.
- At any time during the partnerships fiscal period:
- It is a tiered partnership.
- This means that another partnership is a partner or it is a partner in another partnership.
- The partnership has a partner that is a corporation or trust.
- It is a tiered partnership.
- They invested in flow-through shares of a principal-business corporation which incurred Canadian resource expenses. These expenses were then renounced to the partnership.
- The Minister of National Revenue requested in writing for a completed Form T5013.
The Two Types of a Business Partnership
Limited Partnerships
Limited partnerships in business have only one general partner. The general partner has unlimited liability, while every other partner has limited liability. Those with limited liability often have limited control over the company. This would be documented in the partnership agreement.
Profits are dealt with through personal tax returns, while the general partner also needs to pay self-employment taxes.
If you or someone you know is in the process of setting up a partnership, get in touch with a CPA. They can give you the right advice to make sure your business decisions are financially sound. Get in touch with our CPA by clicking here.
Limited Liability Partnerships
A limited liability business partnership is very similar to a limited partnership, but gives limited liability to every owner. The LLP gives protection to each partner from debts against the partnership. Additionally, they aren’t liable for the actions of other partners.