Principal Issues:
1.Is the policyholder considered to have a disposition of the life insurance policy as a result of the policyholder ceasing to be a Canadian resident ("emigrates")?
2.What are the income tax implications, if any, of changing the cash values under the life insurance policy to a foreign currency, or of the insurer "changing the administration of the life insurance policy" to its foreign branch?
Position:
1.Discussed in general terms since the taxation is dependent on the facts of a particular case (ie: type of policy, values, taxpayer's personal situation etc.). However, deemed disposition should occur for most, if not all life insurance policies, under paragraph 128.1(4)(b) of the Act after October 1, 1996, based on October 2, 1996 press release by Finance.
2. Not clear as to what is meant by a of "change in administration" - unable to comment. Change in currency, depending on situation, may or may not cause a disposition of policy under the Act - this remains a question of fact and law.
Reasons: See above.