Section 106

Subsection 106(1) - Income interest in trust

Administrative Policy

S6-F2-C1 - Disposition of an Income Interest in a Trust

Cost to the beneficiary

1.20 For the purpose of determining the deduction available under subsection 106(1), the cost to a beneficiary of the...

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Example 2

…Mr. X establishes a personal trust (the Trust) in favour of his son, Mr. A, and grandson, Mr. B. He settles the Trust by transferring to the...

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Scenario 2

In a particular tax year, the Trust had income of $25,000 that it allocated to Mr. A. The Trust did not have enough funds to pay that amount in...

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Scenario 3

Adopt the same additional facts as outlined in Scenario 2. Assume further that the Trust distributes $100,000 of income to Mr. B in the first tax...

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Description

Year 1

Year 2

Mr. B's income under subsection 104(13)

$100,000

$150,000

Less: Deduction for cost, calculated as the lesser of: (i) Income for the year; and(ii) Cost of income interest minus any amount previously...

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$50,000 ($150,000 - $100,000)

Therefore, at the end of Year 2, Mr. B would have fully offset the cost of acquisition of his income interest in the Trust.

Subsection 106(2) - Disposition by taxpayer of income interest

Administrative Policy

S6-F2-C1 - Disposition of an Income Interest in a Trust

Offset

1.6 Pursuant to paragraph 106(2)(a), where a taxpayer disposes of an income interest in a trust that includes a right to enforce payment of...

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1997 Ruling 3-970604

Where the income beneficiary of a family trust releases and surrenders all her interests in the trust, she will be considered to have disposed of...

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ATR-3 (29 Nov. 85)

In winding-up an estate, all the estate assets would be transferred to the capital beneficiaries who would agree to give to their mother (the life...

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Subsection 106(3) - Proceeds of disposition of income interest

See Also

McKenzie v. The Queen, 2011 DTC 1216 [at 1274], 2011 TCC 289

The testator of a testamentary trust holding shares of a company provided that an executive employee of the company had an entitlement to the...

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Words and Phrases
distribute
Locations of other summaries Wordcount
Tax Topics - General Concepts - Payment & Receipt payment through back-to-back promissory notes 228

Administrative Policy