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ARTICLE · 14 MARCH 2016

The Downside Of Tax Efficiency

Until recently, band-owned businesses in British Columbia tended to be structured in one of three forms...

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Tax Benefits of Using an LLP

Until recently, band-owned businesses in British Columbia tended to be structured in one of three forms:

  1. owned directly by the band (also known as a band proprietorship);
  2. as a company (often called an economic development corporation); or
  3. as a limited partnership.

Deciding between these options was generally a matter of balancing administrative simplicity, liability and tax efficiency.

Recent tax guidance in British Columbia has suggested that a fourth type of ownership, the limited liability partnership ("LLP"), can be very efficient from a taxation perspective. When used correctly, LLPs can result in significant savings on provincial sales taxes (such as PST and fuel tax) for businesses owned wholly or in part by Indian bands. These savings are generally not available to corporations or limited partnerships.

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