For Canadian Personal Income Tax form T5013, can I have my spouse claim the Capital Gains?

I'm investing in Flow through Limited Partnership for Tax shelter purposes. In the first year I receive a T5013 that reduces my taxable income by roughly the amount I invest in the Flow Through Limited Partnership. In subsequent year, I receive a T5013 in the form of a capital gain. My question is can I use the first T5013 on my Tax return as a shelter and then the second T5013 on my spouses Tax return as a capital gain if it is through a joint investment account? This is because my spouse is at a lower tax bracket. Please explain why or why not with references if possible. Base on conversations with other, my understanding is that this is not possible. If I use the tax shelter to reduce my income, I will need to incur the capital gains attributed to those Flow Through Limited Partnerships even if the account is joint. Unfortunately I have not found a source that specifically documents this.

Public Comments

1. If property is transferred or loaned to your spouse, there are attribution rules under subsection 74.1(1) of the ITA that apply. Even if the account is a joint account, your spouse should have contributed the funds for the investment in order for them to be claiming the income from it.
2. As Canada taxes the individual, not the family, your property is yours for tax purposes, even if purchased through a joint account. In practice,but not supported by a strict reading of the Income Tax Act, joint accounts can be split if it can be shown that both spouses contributed the funds to it. However, it seems that you asserted in the first year that this investment was entirely yours. You cannot change the ownership just because it is convenient to do so. If you transfer the ownership as a gift, then the attribution rules in subsection 74.1(1) (identified by the previous poster) would come into play. These basically mean that any earnings from the investment would be sent back to your return, so you are no further ahead.