Partnerships – Mandatory or Preventive Disclosure
The following transactions are subject to mandatory disclosure:
- confidential transactions, transactions involving conditional remuneration and transactions involving contractual coverage where any of those transactions result (either directly or indirectly) in a tax benefit of $25,000 or more for each member of the partnership or have an impact of $100,000 or more on the partnership's income;
- specified transactions.
Each member of a partnership (or, for a limited partnership, each general partner) that carries out such a transaction must disclose the transaction (see the note below).
Advisers and promoters must make a mandatory disclosure for a transaction they commercialized or promoted where the form and substance of the facts concerning the transaction are very similar to those of the facts of a transaction determined by the Minister and published in the Gazette officielle du Québec. The transaction must not have required a significant change in its form or substance when implemented for different taxpayers or partnerships. If the adviser or promoter is a partnership, one of the partners must disclose this information (see the note below).
If a partnership is party to a nominee agreement with tax consequences, each member of the partnership must file a mandatory disclosure for the agreement (see the note below).
Members of a partnership can also make a preventive disclosure for any transaction that a partnership of which they are a member has carried out.
A mandatory or preventive disclosure made by one member of a partnership, whether it is a limited partnership or another partnership, is deemed to have been made by each member of the partnership.
For more information, refer to one of the following forms:
- TP-1079.DI-V, Mandatory Disclosure of a Confidential Transaction or a Transaction Involving Conditional Remuneration or Contractual Coverage;
- TP-1079.CP-V, Mandatory Disclosure of Tax Planning by an Adviser or Promoter;
- TP-1079.PN-V, Disclosure of a Nominee Agreement;
- TP-1079.OD-V, Mandatory Disclosure of a Specified Transaction or Preventive Disclosure.