Who files Form T5013?

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Answer

Canadian partnerships above the filing requirements, and partnerships with non-resident partners or foreign operations. The obligation is decided by facts rather than by tax owing, which is why a nil position does not remove it.

The rule on who files

Canadian partnerships above the filing requirements, and partnerships with non-resident partners or foreign operations.

Two of the firm’s advisers and the team in the open-plan office

Where it does not apply

The partnership pays no tax and determines everyone's. Allocation and source of income decided here flow into each partner's return in each country, and non-resident partners bring withholding questions the partnership has to answer.

Who files Form T5013?
ItemAmount
Income taxed in both countriesC$106,000
Tax paid abroad (assumed 30%)C$31,800
Home tax on the same income (assumed 35%)C$37,100
Credit available (lesser of the two)C$31,800
Home tax still payableC$5,300

The credit absorbs C$31,800 and leaves C$5,300 payable at home, because the home rate on this income is the higher of the two. The balance is real cash and it is due on the home timetable, which is why instalments get raised in the first meeting.

The figures here are an illustration, not an engagement: amounts are picked so the mechanism is easy to follow, and every rate or threshold is an assumption of the example. Before anything is filed for you, each one is confirmed with the issuing authority for your own tax year.

Your next step

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on T5013 — partnership information return. Send us the facts and we will tell you what has to be filed and what it costs.

Reviewed for accuracy for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Where who has to file US tax return comes into this file

People reach this page searching for who has to file US tax return. It is covered here as it applies to Form T5013 — who it applies to, what has to be filed, and what it costs, at a fixed fee agreed before the work starts.

Files that look like this one

Case study 1

A partnership that admitted a non-resident partner mid-year

A Canadian partnership admitted a partner resident abroad partway through the year and had not considered what that changed. It changed the filing position, the slips, and the withholding questions the partnership itself had to answer. We reviewed the partnership agreement, established the allocation for a part-year admission, and prepared the return and the slips on that basis, with the non-resident partner's position set out separately. The engagement produced a filed return, slips each partner could hand to their own adviser, and a written note of what the partnership now has to do each year.

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Case study 2

Allocation rebuilt from the partnership agreement rather than the accounts

The partnership had been allocating income in the ratio its accountant had used in the opening year, while the partnership agreement said something else and had since been amended. We read the agreement and its amendments, worked out the allocation each period actually supported, and compared that with what had been reported. The return and slips were then prepared on the agreement's terms, with the divergence from earlier years identified and explained. The engagement produced an allocation that matches the document the partners signed, and a clear record of where the earlier years departed from it.

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Case study 3

Foreign trading operations characterised before the partner slips were issued

A partnership running a business through premises outside Canada had been reporting the result as a single net line, leaving each partner to decide for themselves what they had received and where it had arisen. Partners filing in different countries had reached different conclusions from the same figure. We established the character and the source of the income at the partnership level, documented the basis for it, and issued the slips so that every partner carried the same position into their own return. The engagement produced consistent treatment across the partners, and a source analysis the partnership now applies to the same operations each year.

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Case study 4

A loss year allocated so each partner could claim its share

The partnership had made a loss and had not filed, on the view that there was nothing to report. The partners could not claim their shares of the loss without the allocation the return provides. We prepared the outstanding return, allocated the loss in accordance with the partnership agreement, and issued the slips so that each partner could correct their own position where it was still open. The engagement produced a filed and evidenced loss year, and restored each partner's ability to use their share of it.

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Case study 5

Filing position tested rather than assumed for a small partnership

Two individuals had run a partnership for years without filing, on the basis that it was too small to be caught. One of them had moved abroad partway through the period, which changes the analysis entirely, because the composition of the partnership brings it within the return whatever its size. We established each partner's residence year by year, identified the years in which the return was required, and prepared those. The engagement produced a filed position for the affected years, and a written note recording which years fell outside the requirement and the basis for that conclusion.

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Case study 6

Coordinating the partnership timetable around an earlier foreign deadline

A partnership whose partners filed in more than one country had been working to the Canadian timetable, which meant some partners consistently filed their own returns on estimates. We mapped every partner's own filing deadline, identified the earliest, and rebuilt the partnership's closing timetable around it. The return and slips were then produced early enough for every partner to file on real figures. The engagement produced a repeatable internal calendar, and removed the estimates that had been driving amendments in the years afterwards.

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Case study 7

The Deemed Sale That Happens on Death

Canada treats most capital property as sold at fair market value on death, so a terminal return can carry tax on gains nobody realised. Valuations and the order of the returns are what decide the figure.

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Case study 8

The Two-Year Window After Returning to India

Returning residents pass through a transitional status in which foreign income is largely outside the Indian net. The engagement establishes when the window opens and closes, and puts the transactions that benefit inside it.

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All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

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Global E-commerce & Marketplaces

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Technology & SaaS

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Importers, Exporters & Manufacturers

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Explore Trade & Manufacturing

Athletes, Artists & Entertainers

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Explore Athletes & Entertainers

Remote Workers & Digital Nomads

Working from anywhere doesn't mean taxed nowhere: residency defaults, employer payroll exposure and treaty relief decide where income actually lands.

Working from another country does not by itself end tax residence in the one you left, and it can start one where you are sitting. Day counts, ties, the employer's own exposure and the treaty tie-breaker all point at the same question, and the year you move is the year it has to be answered on paper.

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Explore Remote Workers

Investment Funds & Holding Companies

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More on Form T5013

Does our small partnership have to file a T5013 every year?

Not every partnership files. The return is required of Canadian partnerships that meet the filing requirements, and of partnerships with non-resident partners or foreign operations however small they look. The second limb catches people out. A two-partner business with one partner living abroad sits in a different position from the same business with both partners in Canada. The test is the partnership's composition and activity in the year rather than its profitability, so check it against the requirements for the year in question instead of assuming last year's answer still holds.

One of our partners lives in the United States. Does that force a T5013?

A non-resident partner is one of the specific situations the return is designed to capture, so treat it as the starting assumption and work from there. Beyond the filing itself, a non-resident partner brings withholding questions the partnership has to answer, because the allocation the partnership makes determines what that partner is treated as receiving from Canada. The partnership cannot leave those questions to the partner's own adviser. The slips it issues are the input to that adviser's work, and they are also what the CRA reads first.

Does the partnership itself pay tax on the T5013?

No. The partnership pays no tax and determines everybody else's. That is the point of the return. It fixes how income is allocated between the partners and what its source is, and those two decisions then flow into each partner's own return, in each partner's own country. It is why the return deserves far more attention than its nil tax bill suggests. An allocation settled casually at the partnership level becomes a position each partner has to defend individually, in jurisdictions that may look at it quite differently from one another.

When do partners need their slips to file their own returns?

Before they file, which sounds obvious and is the most common source of friction in a partnership year. Each partner's return depends on the allocation and the source of income determined at the partnership level, so no partner can complete an accurate return until the partnership has finished its own work. Where partners file in more than one country, the earliest foreign deadline effectively governs the partnership's internal timetable rather than the Canadian one. Work backwards from the earliest date any partner needs figures, and set the partnership's timetable from there.

Our partnership owns rental property abroad. Does that change the filing position?

Foreign operations are one of the circumstances that bring a partnership within the return, so yes, it is directly relevant. It also makes the source of income question live rather than theoretical. The partnership determines the character and source of what it earns, and each partner then carries that into a return where a foreign tax authority may also have a claim on the same income. Establish the source position at the partnership level and document it, because every partner will rely on it, and inconsistency between them is what draws questions.

Do we still file a T5013 if the partnership made a loss?

Yes. The filing requirement does not depend on whether the partnership made money. A loss still has to be allocated, and the allocation determines what each partner can claim in their own return, so a loss year is if anything the year in which the partners most need the partnership to file properly and on time. The other reason not to skip it is continuity. The allocation and source decisions taken in a loss year set the baseline against which the following year's figures are read.

What is GILTI?

A US rule that taxes shareholders of controlled foreign corporations currently on the corporation's income above a routine return on its tangible assets, rather than waiting for a dividend. The target was profit — especially from intangibles — parked in low-tax jurisdictions. The name, the deduction and the asset-based reduction are the parts Congress has revisited, so we compute it from the rules in force for the filing year instead of a remembered percentage. See the GILTI inclusion and Form 8992.

Which business structure has double taxation?

The corporation — specifically a US C corporation, where profit is taxed to the company and the dividend again to the shareholder. Sole proprietorships, partnerships and LLCs treated as flow-throughs are taxed once, in the owners' hands. Across borders that tidy answer breaks: an entity treated as a flow-through in one country can be opaque in the other, which produces a mismatch neither system planned for. See LLC against corporation for Canadians.

Our practitioners are alumni of leading accounting and tax institutions

Where our partners studied — CPA Canada (In-Depth Tax Program), AICPA, the Institute of Chartered Accountants of India and the Malaysian Institute of Accountants.

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