CRA is willing to treat the deemed s. 146(8.8) RRSP benefit on death as a withdrawal of an excess RRSP contribution

An individual, who made an excess RRSP contribution in 2015, dies in 2016. CRA noted that technically, in order for the executor to claim a s. 146(8.2) deduction in the terminal return for the excess contribution, there was required to be “a payment from the RRSP in respect of undeducted premiums of the taxpayer … received by the taxpayer in the year,” but then stated:

[T]he CRA generally accepts that an amount deemed to be received by a deceased annuitant under subsection 146(8.8) and included in the annuitant’s income for the year of death under subsection 146(8) … should be treated as a payment received by the annuitant for the purposes of subsection 146(8.2).

Thus, the deduction generally would be available (which was to be claimed directly in the terminal return without using a Form T746.)

Neal Armstrong. Summary of 6 October 2017 APFF Financial Strategies and Instruments Roundtable, Q.2 under s. 146(8.2) and s. 146(8.8).