Income Tax Severed Letters - 2020-05-20

Principales Questions: (1) Whether the deduction provided in subsection 146(8.9) or 146.3(6.2), as the case may be, is discretionary when the surviving spouse is named sole beneficiary in an unmatured RRSP or a RRIF contract? (2) Whether an amount may be deducted under subsection 146(8.9) or 146.3(6.2) when the surviving spouse is designated in the contract as successor annuitant of a matured RRSP or a RRIF? (3) When the annuitant of an unmatured RRSP or a RRIF dies and the surviving spouse is named as the sole beneficiary in the contract, whether the exception to issue a T4RSP and a T4RIF slips in the name of the surviving spouse, instead of in the name of the deceased, is applicable only when all of the property of the unmatured RRSP or RRIF is transferred directly to an RRSP or RRIF under which the spouse is the annuitant? (4) What is the time limit applicable for the issuer of an RRSP or RRIF to file the T4RSP or T4RIF slip when the annuitant died in December 20X1 and the issuer is notified of the death in March 20X2? (5) Whether the deduction of an amount pursuant to subsection 146(8.9) or 146.3(6.2) is possible even if the estate did not receive in the prescribed delay a T4RSP or a T4RIF slip in the deceased annuitant's name?

Position Adoptée: (1) Yes. (2) No. (3) The exception only applies when all the conditions are met. (4) T4RSP or T4RIF information returns shall be filed on or before the last day of February in each year and shall be in respect of the preceding calendar year. However, when an issuer or a carrier is only notified of the death of an annuitant of an RRSP or a RRIF after its information return has been filed, the issuer or the carrier must file an additional slip for the deceased individual as stated in chapter 5 of T4079 Guide. (5) Yes.

Raisons: (1) Subsections 146(8.9) and 146.3(6.2) both provide for a discretionary deduction. (2) For subsection 146(8.9) to apply, an amount must otherwise be deemed received pursuant to subsection 146(8.8) and an amount must qualify as a refund of premium which is not possible in the case where the annuitant dies after the maturity of the RRSP. Similarly, for subsection 146.3(6.2) to apply, there must be an amount that would otherwise be included under subsection 146.3(6). Subsection 146.3(6) applies only when the last annuitant of a RRIF dies. (3) As explained in RC4177, RC4178 and T4079, unless all the conditions are met, T4RSP and T4RIF slips must be issued in the name of the deceased. (4) Subsection 205(1) of the Regulations and position stated in T4079 Guide. (5) The fact that the estate did not receive in the prescribed delay a T4RSP or a T4RIF slip does not change the responsibility of the deceased annuitant’s legal representatives to properly include in the final return the amount deemed received by the last annuitant under subsection 146(8.8) or subsection 146.3(6), as the case may be. Such amount will be dependent on any reduction under subsection 146(8.9) or 146.3(6.2), as applicable, provided all the conditions set out in the applicable provision are met.