Filing T5013 Partnership Information Return

What is an agent/nominee?

Agent – A person authorized to act for another.
Nominee – A person designated to act for another.
These are not definitions provided by the Income Tax Act or Income Tax Regulations. They give only the common usage of the terms for the benefit of the reader.

For the purposes of filing the Form T5013, Statement of Partnership Income and Form T5013SUM, Summary of Partnership Income, a nominee or an agent has to hold an interest in the partnership for another person in order to be considered as a nominee or an agent. 

What is a partnership?

The Income Tax Folio S4-F16-C1, What is a Partnership? defines a partnership as the relation that exists between persons carrying on business in common with a view to profit. Taxpayers can determine whether they are a partner in a partnership by examining the type and extent of their involvement in the business and checking the laws of their province or territory. A partnership can be formed between individuals, corporations, trusts, or other partnerships, in any combination. Partnerships can be formed verbally or by a written contract.

How do partnership businesses differ from other types of businesses or corporations?

A corporation has a separate and distinct legal existence from its shareholders. However, a partnership does not have this type of separate and distinct legal existence from its partners. A partnership is not treated or taxed as a separate person (as with a corporation). All income and losses are flowed out to the partners who report their share of the partnership's income on their income tax return (whether it is a T1, T2, or T3 return). As a result, a partnership does not file an income tax return, and is not taxed at the partnership level. However, the CRA, through an administrative policy, requires certain partnerships to file the partnership information return (T5013). For more information on the current criteria for filing a partnership return, go to question 5.

Who has to file a partnership information return?

Under subsection 229(1) of the Regulations, all partnerships that carry on business in Canada or are Canadian partnerships or specified investment flow‑through (SIFT) partnerships must file a partnership information return. However, under CRA administrative policy, certain partnerships that carry on business in Canada or are Canadian partnerships are not required to file a partnership information return.

Partnerships that carry on business in Canada and Canadian partnerships – A partnership that carries on a business in Canada, or a Canadian partnership with Canadian or foreign operations or investments, must file a return if:

  • at the end of the fiscal period, the partnership has an absolute value of worldwide revenues plus an absolute value of worldwide expenses of more than $2 million*, or has more than $5 million in worldwide assets**
  • at any time during the fiscal period:
    • the partnership is a tiered partnership (has another partnership as a partner or is itself a partner in another partnership)
    • the partnership has a corporation or a trust as a partner
    • the partnership invested in flow-through shares of a principal-business corporation that incurred Canadian resource expenses and renounced those expenses to the partnership
    • the Minister of National Revenue requests one in writing

Notes

* The absolute value of a number refers to the numerical value of the number without regard to its positive or negative sign. To determine if a partnership exceeds the $2 million threshold, add total expenses to total revenues rather than subtract expenses from revenues as you would to determine net income.  

** The cost figure of all assets worldwide, both tangible and intangible, without taking into account the depreciated amount should be used to determine whether a partnership meets the “more than $5 million in assets” criterion. 

What financial details should be used to determine whether a partnership meets the "absolute value of revenues plus an absolute value of expenses of more than $2 million" criterion?

The revenues and expenses details come from the financial statement amounts. "Revenues" refers to revenues that have not been netted. For example, you would not use gross profit to represent "revenues" since gross profit is revenues minus the cost of goods sold. Expenses include both current costs and capital costs (e.g. depreciation). Revenues from all sources (revenues that have not been netted) are added to the total of all expenses (expenses are expressed as a positive number), and the total is used to determine whether or not the criterion has been met.

Example

Revenues
$1,500,000
Minus: Cost of goods sold

 

−$850,000

Gross profit

=$650,000

Minus: Expenses

−$400,000

Net profit

=$250,000

The absolute value of expenses is $1,250,000 which includes the cost of goods sold ($850,000) and expenses ($400,000).

Absolute value of revenues
$1,500,000
Plus: Absolute value of expenses
+ $1,250,000
Absolute value of revenues plus expenses

=$2,750,000

This partnership would have to file since the absolute value of revenues plus the absolute value of expenses is more than $2,000,000.

How does the CRA determine whether a partnership has "more than $5 million in assets"?

The cost figure of all assets, both tangible and intangible, without taking into account the depreciated amount should be used to determine whether a partnership meets the "more than $5 million in assets" criterion.

I'm a nominee/agent. What are my requirements to file the T5013 Partnership Information Return?

Each person who holds an interest in a partnership as a nominee or agent for another person must complete and file a separate Form T5013SUM, Summary of Partnership Income and related Form T5013, Statement of Partnership Income for each partnership in which an interest is held for another person. Nominees are only required to file Form T5013, Statement of Partnership Income, and Form T5013SUM, Summary of Partnership Income, for each partnership in which they hold an interest.

I'm a nominee/agent. Do I require an RZ program account?

Yes, you require a valid 15-character RZ account number. The account number used can be an existing T5 group account number, an existing T5 group number with a new extension (last four digits of the 15-character RZ), or a new business number.

If you don't have a business number, you can apply for one by completing the Form RC1, Request for a business number and certain program accounts. You must select the "T5 Group" program account type.

Send the completed Form RC1, Request for a business number and certain program accounts, to your nearest tax centre. To find the address, see Contact us. If you have questions see Business Number (BN) registration or call 1-800-959-5525.

My partnership has not been required to file a T5013 Partnership Information Return before. The partnership now meets one or more of the filing criteria. How do I register for an RZ program account?

If you are required to file the Partnership Information Return, you must do so using your BN with RZ Program Identifier. The RZ account number has 15 characters in three parts; the nine-digit Business Number (BN), a two-letter program identifier, and a four-digit reference number. Each business or legal entity should have only one BN. The program identifier and the reference number identify the account.

Business number format
Business Number (BN) Program Identifier Reference Number
123456789 RZ 0001

If you do not already have a Business Number (BN), go to Business Number (BN) Registration for more information. To obtain an RZ account,
complete Form RC1, Request for a business number and certain program accounts, or contact the CRA.

Will the CRA resolve the filing due date conflict for the nominees and the partnerships that are members of another partnership?

The current filing deadlines are designed to ensure that T5013 slips are prepared and provided to partners early enough to complete their income tax returns. The CRA is aware that partnerships who are themselves partners and nominees may have difficulty obtaining slips from partnerships prior to completing their own information return. Filing the return with estimated amounts on time and then filing an amended return with the exact figures may be necessary for these instances. The CRA does not intend to impose penalties on T5013 returns filed that have been completed, to the best knowledge and abilities of the partnerships and preparers, by the filing deadline. We continue to search for feasible options to resolve this challenge and welcome any suggestions.

Where can businesses get more information?

For more information please contact the Business Enquiries line at 1-800-959-5525.

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