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Form T2059 (election on transfer of property to a partnership)

Form T2059 is the CRA form a taxpayer and a Canadian partnership use to jointly elect under subsection 97(2) of the Income Tax Act when the taxpayer, a member of the partnership, transfers property to it. A transfer to a corporation uses a different form.

The CRA describes Form T2059 as the form for a taxpayer and a Canadian partnership to elect jointly under subsection 97(2) of the Income Tax Act. It applies where the taxpayer is a member of the partnership immediately after the transfer. Note the direction: the form covers property moving into a partnership, not a partnership converting into a corporation.

Where it fits in a deal

Section 97(2) reaches certain kinds of property, including capital property and inventory, and is subject to subsections 97(3) and 13(21.2). A transfer to a taxable Canadian corporation is a different election, made on the CRA’s Form T2057. The wider rollover is explained in section 97(2) partnership rollover.

What to ask

  • Whether the transfer is into a partnership or into a corporation, since the forms differ.
  • Whether a T2059 was filed for each earlier transfer into the partnership.
  • Who signed it for the partnership and for the transferring partner.

Sources

This definition is checked against primary sources. Links were last confirmed on the dates shown.

  1. 01
    Canada Revenue AgencyGovernment
    T2059 Election on Disposition of Property by a Taxpayer to a Canadian Partnership
    canada.ca·Checked Oct 20, 2026
  2. 02
    Government of Canada (Department of Justice)Government
    Income Tax Act, section 97 (contribution of property to a partnership)
    laws-lois.justice.gc.ca·Checked Oct 25, 2026
  3. 03
    Canada Revenue AgencyGovernment
    T2057 Election on Disposition of Property by a Taxpayer to a Taxable Canadian Corporation
    canada.ca·Checked Aug 16, 2026

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