Income Tax Act

Version of section 107.2 from 2013-06-26 to 2017-09-27:

Marginal note:Distribution by a retirement compensation arrangement

 Where, at any time, any property of a trust governed by a retirement compensation arrangement has been distributed by the trust to a taxpayer who was a beneficiary under the trust in satisfaction of all or any part of the taxpayer’s interest in the trust, for the purposes of this Part and Part XI.3, the following rules apply:

  • (a) the trust shall be deemed to have disposed of the property for proceeds of disposition equal to its fair market value at that time;

  • (b) the trust shall be deemed to have paid to the taxpayer as a distribution an amount equal to that fair market value;

  • (c) the taxpayer shall be deemed to have acquired the property at a cost equal to that fair market value;

  • (d) the taxpayer shall be deemed to have disposed of the taxpayer’s interest or part thereof, as the case may be, for proceeds of disposition equal to the adjusted cost base to the taxpayer of that interest or part thereof immediately before that time; and

  • (e) where the property was depreciable property of a prescribed class of the trust and the amount that was the capital cost to the trust of that property exceeds the cost at which the taxpayer is deemed by this section to have acquired the property, for the purposes of sections 13 and 20 and any regulations made under paragraph 20(1)(a),

    • (i) the capital cost to the taxpayer of the property shall be deemed to be the amount that was the capital cost of the property to the trust, and

    • (ii) the excess shall be deemed to have been allowed to the taxpayer in respect of the property under regulations made under paragraph 20(1)(a) in computing the taxpayer’s income for taxation years before the acquisition by the taxpayer of the property.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 107.2;
  • 2013, c. 34, s. 234(F).
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