Subsection 107(1)
Administrative Policy
2016 Ruling 2015-0606771R3 - Disclaimer of trust interest
An estate (that was a testamentary trust) holding appreciated assets has five grandchildren who would receive as residuary beneficiaries under the...
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|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) | disclaimer resulting in a rollout of estate assets under an intestacy | 396 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | disclaimer of interest in estate | 85 |
Subsection 107(1.1) - Cost of capital interest in a trust
Articles
Alycia Calvert, "Incorporation of an Energy Trust", Resource Sector Taxation, Vol. IV, No. 3, 2006, p. 286.
Goodman, "The Tax Treatment of Commercial Trusts", 1989 Canadian Tax Journal, July-August issue, p. 1053
Subsection 107(2) - Distribution by personal trust
Cases
Chan v. The Queen, 2001 DTC 5570, 2001 FCA 302
A taxpayer, who was the beneficiary of a trust established by his father and mother who were the trustees, received approximately $1.8 million in...
See Also
Mariano v. The Queen, 2015 DTC 1209 [at 1331], 2015 TCC 244
The taxpayers were participants in leveraged donation transactions, which were intended to result in a step-up of the adjusted cost base of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Other | courseware licences valued at modest initial cost, given relevant wholesale market and depressive effect of huge volumes purchased | 303 |
| Tax Topics - General Concepts - Ownership | no acquisition of unascertained property | 76 |
| Tax Topics - General Concepts - Sham | taxpayer involvement in deceit unnecessary | 375 |
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) | void for lack of certainty of objects | 224 |
| Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts | no gift where no intent for impoverishment and where gifted property not yet identified | 566 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(35) | attempted use of initial gift to step-up ACB under s. 69(1)(c) | 262 |
Chan v. The Queen, 99 DTC 1215 (TCC), aff'd supra
When the taxpayer discovered that his mother and father had established a trust in his favour and that they were about to complete the sale of the...
Administrative Policy
2016 Ruling 2015-0606771R3 - Disclaimer of trust interest
Background
Ms. A and Mr. B. are income and capital beneficiaries, as well as the trustees, of the estate (a testamentary trust) of their late...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(1) | no disposition from disclaimer | 93 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | disclaimer of interest in estate | 85 |
12 May 2016 External T.I. 2014-0552341E5 - Subsection 107(4.1)
CRA confirmed that a personal trust was tainted under s. 107(4.1) when it was settled with a gold coin by one of the capital beneficiaries – so...
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|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(4.1) | application of s. 75(2) to only one property in a trust can taint all the other trust property | 166 |
9 October 2015 APFF Financial Strategies and Financial Instruments Roundtable Q. 8, 2015-0593091C6 F - Assumption of a debt by a beneficiary of a trust
CRA considers (e.g., 2013-0488061E5) that the s. 107(2) rollover does not apply to the property of a personal trust which is distributed to a...
12 December 2014 External T.I. 2013-0511391E5 F - Deemed disposition of capital interest in personal trust
The sole beneficiary of an inter vivos trust (the "Trust"), whose interest under the Trust had vested indefeasibly, died, as a result of which his...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 70 - Subsection 70(5) | full step-up on death of indefeasibly vested capital interest in an inter vivos personal trust | 180 |
10 October 2014 APFF Roundtable, 2014-0538261C6 F - Disposition of capital interest/personal trust
Where a discretionary personal trust issues a note to a beneficiary in satisfaction of her capital interest, CRA considers that "the issuance of a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Cost Amount | note issuance is not trust property distribution | 217 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | non-deductibility on note issued to beneficiary | 198 |
16 June 2014 STEP Roundtable Q. 8, 2014-0526551C6 - STEP CRA Roundtable Q8 - June 2014
When a personal trust with appreciated property is wound-up and a portion of the property is transferred to the capital beneficiary is settlement...
27 January 2014 Internal T.I. 2012-0472161I7 - Gifts by Will
The Deceased had three wills in respect of defined components of her estate (the "Trust"), including a second will in respect of the "Secondary...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts | gifts. v. distributions made to charities | 211 |
| Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(5) | gifts. v. distributions made to charities | 64 |
19 December 2013 External T.I. 2013-0503481E5 - Distribution of property by a trust
After referring to 2013-0488061E5 (below) and 2013-0488381E5, CRA stated:
[A] transfer of property by a trustee in settlement of a debt cannot...
19 November 2013 Internal T.I. 2013-0499021I7 - Distribution of property by a trust
In commenting further on its position in 2013-0488061E5 (immediately below) and 2013-0488381E5 that the distributions of trust property in...
2 July 2013 External T.I. 2013-0488061E5 - 107(2) distribution
A child of the settlor of a discretionary trust who now is the sole trustee and one of the beneficiaries distributes all the trust real property...
23 January 2013 Internal T.I. 2012-0465081I7 - Subsection 107(2) a disposition by a NR Trust
Respecting a distribution of Canadian real property by a personal trust resulting in a disposition of the beneficiary's capital interest, CRA...
2 June 2011 External T.I. 2011-0399501E5 - TCP distributed by N/R trust to N/R beneficiary
A non-resident inter vivos trust distributes its shares of a private Canadian real estate corporation (Canco) in satisfaction of the capital...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(b) | 110 | |
| Tax Topics - Income Tax Act - Section 116 - Subsection 116(5) | 139 |
30 April 2003 External T.I. 2002-015604
A trust distributes shares of a Canadian corporation to its beneficiary on the condition that the beneficiary assumes indebtedness on a loan owing...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 39 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Personal Trust | 50 |
9 January 1997 T.I. 963753
S.105(1) does not apply to a distribution of property to which s. 107(2) is applicable.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) | 16 |
29 July 1996 External T.I. 5-961381
In finding that s. 107(2)(b) rather than 69(1)(c) applied to the acquisition by a resident of Canada of property in satisfaction of an interest in...
23 July 1996 External T.I. 5-960222
S.107(2)(b) will apply to determine the cost of property distributed to a Canadian beneficiary of a non-resident personal trust. However, because...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Taxpayer | 55 |
24 July 1992 T.I. 921652 (March 1993 Access Letter, p. 75, ¶C104-041)
It is a question of law whether, upon the variation of a trust, the distribution of property can be said to be made under the terms of a...
22 July 1992 T.I. 920965 (March 1993 Access Letter, p. 75, ¶C104-040)
A variation of trust affecting only administrative or investment powers, or containing provisions for naming replacement trustees, or extending or...
4 March 1992 T.I. (Tax Window, No. 17, p. 20, ¶1783)
Where a personal trust is wound up and the assets distributed to the sole beneficiary, such property will be considered to have been received by...
90 C.R. - Q25
Where the deceased directed in his will that capital properties be held by the executors in trust for a particular beneficiary for a period of...
ATR-38 (10 July 89)
Under the terms of a will, although the widow is entitled to the income and the children to the residue on her death, the trustee (who is the...
85 C.R. - Q.24
The lawful transfer, by the trustee of a discretionary trust for the children of the trustee, of 5% of all the shares held in a corporation by the...
85 C.R. - Q.25
Where the trustees of a spouse trust have the power to encroach for her benefit, she is a capital beneficiary and the distribution is subsection...
IT-209R "Inter-Vivos Gifts of Capital Property to Individuals Directly or Through Trusts"
Articles
Wolfe D. Goodman, "Distributing Property That is Subject to a Life Interest, Before the 21st Anniversary", Goodman on Estate Planning, Vol. VII, No. 4, 1999, p. 562.
Hayhurst, "Transactions in Income and Capital Interests in Trusts", 1988 Conference Report, c. 38
Discussion of the dividing line between a distribution in satisfaction of any part of a capital interest and an encroachment on capital in respect...
Subsection 107(2.1) - Other distributions
Administrative Policy
2010 Ruling 2009-0330901R3 - Reorganization of XXXXXXXXXX
A unit trust (Trust 1) purchases for cancellation most of its units held by its parent (Subco) in consideration for the transfer to Subco of debt...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 53 - Subsection 53(2) - Paragraph 53(2)(h) - Subparagraph 53(2)(h)(i.1) | no ACB reduction for capital gain distributed to Trust parent on repurchase of most Trust units notwithstanding parent amalgamation before Trust year end | 432 |
| Tax Topics - Income Tax Act - Section 80 - Subsection 80(1) - Forgiven Amount | no forgiven amount on transfer by unit trust to its parent of debt owing by parent | 36 |
1 April 1993 T.I. (Tax Window, No. 29, p. 20, ¶2461)
Where a member of an agency co-operative receives her proportionate share of machinery of the co-op on withdrawal therefrom, the rules in s....
4 February 1992 T.I. (Tax Window, No. 16, p. 5, ¶1728)
S.107(2.1) acts in concert with s. 52(6) to ensure that distributions of income and taxable capital gains retain their identity as income for tax...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 52 - Subsection 52(6) | 71 |
Articles
Goodman, "The Tax Treatment of Commercial Trusts", 1989 Canadian Tax Journal, July-August issue, p. 1053
Hayhurst, "Transactions in Income and Capital Interests in Trusts", 1988 Conference Report, c. 38
An example is given showing that a commercial trust and a beneficiary are subject to double taxation in a similar way to a corporation and its...
Subsection 107(2.01) - Distribution of principal residence
Administrative Policy
9 September 2013 External T.I. 2012-0464321E5 - Application of subsections 107(2) and 107(2.01)
A personal trust holds a principal residence of a specified beneficiary (as defined in subpara. (c.1)(ii) of the "principal residence" definition...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (c.1) | specified and non-specified beneficiaries | 158 |
Subsection 107(2.11) - Gains not distributed to beneficiaries
Administrative Policy
16 June 2014 STEP Roundtable, 2014-0526581C6 - STEP CRA Roundtable - June 2014 - Q18
As there is no prescribed form, how is the election made? CRA indicated that the trust should include in a letter attached to the T3 Return: a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.001) | property-by-property, election procedure | 143 |
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.002) | election procedure, gain if election | 226 |
11 July 2013 External T.I. 2012-0471061E5 - Subsection 107(2.001) election
CRA sets out, inter alia, the information that CRA requires for a s. 107(2.11) election. A letter containing this information should be included...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.001) | 125 |
Subsection 107(2.001) - No rollover on election by a trust
Administrative Policy
16 June 2014 STEP Roundtable, 2014-0526581C6 - STEP CRA Roundtable - June 2014 - Q18
Can a trust make the s. 107(2.001) election on a property by property basis? As there is no prescribed form, how is the election made? CRA...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.002) | election procedure, gain if election | 226 |
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.11) | election procedure | 61 |
11 July 2013 External T.I. 2012-0471061E5 - Subsection 107(2.001) election
///?p=18479">18 April 2013 T.I. 2012-0470391E5): The s. 107(2.001) election can be applied on a property-by-property basis - for example, on a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.11) | 31 |
Subsection 107(2.002) - No rollover on election by a beneficiary
Administrative Policy
16 June 2014 STEP Roundtable, 2014-0526581C6 - STEP CRA Roundtable - June 2014 - Q18
As there is no prescribed form, how is the election made? CRA indicated that the beneficiary should include in a letter attached to beneficiary's...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.001) | property-by-property, election procedure | 143 |
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.11) | election procedure | 61 |
11 October 2013 External T.I. 2013-0496431E5 - Subsection 107(2.002) election
Subsection 107(2.002) lacks a prescribed form. For the taxation year in which the non-resident trust distributes property, the beneficiary should...
Subsection 107(3) - Application of subsection (3.1)
Articles
Mitchell, Sherman, "SIFT Update - Conversions and Normal Growth", Corporate Finance, 2009, p. 1678.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 85.1 - Subsection 85.1(7) | 0 | |
| Tax Topics - Income Tax Act - Section 88.1 - Subsection 88.1(2) | 0 |
Subsection 107(4.1) - Where subsection 75(2) applicable to trust
Administrative Policy
12 May 2016 External T.I. 2014-0552341E5 - Subsection 107(4.1)
S. 75(2) applied to a personal trust respecting a gold coin that had been settled on it by one of the capital beneficiaries. The Trust also used...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) | tainting effect of one 75(2) property | 84 |
3 June 2011 STEPs Roundtable Q. 2, 2011-0401831C6 - 2011 STEP Conference-Q2-Trusts & Principal Res.
where a cottage is contributed to an inter vivos trust by a Canadian-resident individual (B) who is one of the beneficiaries, then the s. 107(2)...
7 August 1992 T.I. 921506 (May 1993 Access Letter, p. 197, ¶C56-227; Tax Window, No. 23, p. 18, ¶2126)
S.107(4.1) does not apply where a trust distributes property back to the settlor.
Where there are identical properties some of which were...
22 July 1992, T.I. 920736 (March 1993 Access Letter, p. 71, ¶C56-219)
S.75(2) can be considered to be applicable even if there has been no income attribution by the trust to the settlor under that provision.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) | 62 |
Subsection 107(5) - Distribution to non-resident
Administrative Policy
4 January 2013 External T.I. 2012-0442741E5 - Distribution from a NR trust to a NR beneficiary
After being referred to proposed amendments to s. 107(5) to be effective for distributions made after February 27, 2004, CRA stated:
we agree with...
ATR-70, 21 March 1996 "Distribution of Taxable Canadian Property by a Trust to a Non-Resident"
The distribution by a non-resident personal trust of shares of a public corporation was not subject to s. 107(5) because the shares were deemed,...