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What is the affiliated persons clause? 

Written by CFIN Staff

The affiliated persons clause defines how you must handle costs when working with related individuals or organizations. 

What is an affiliated person

An affiliated person is a person or entity that has a close relationship with you, including: 

  • Shared ownership  

  • Shared management or personnel  

  • An existing business relationship  

This definition follows the Income Tax Act. 

Rules for affiliated costs

If you purchase goods or services from an affiliated person, the costs must meet strict limits. 

Fair market value

You must ensure that: 

  • Costs do not exceed fair market value  

If no market value exists

You must use one of the following: 

  • Value of similar goods or services  

  • Actual direct costs plus:  

  • Overhead (as defined in your agreement)  

  • Maximum 5% profit  

Disclosure requirement

You must: 

  • Identify all affiliated persons at the start of the project  

  • Disclose any relationships clearly  

Special case: wholly owned subsidiaries

If a wholly owned subsidiary performs work: 

  • You claim the costs on their behalf  

  • Costs are treated as if you incurred them directly  

Key requirement

All affiliated transactions must be transparent, justified, and priced fairly. 

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