Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.
Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the Department.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle du ministère.
Principal Issues:
An individual (the Claimant ) sustained personal injuries when XXXXXXXXXX was involved in an auto accident. The individual 's is a minor and the next friend (XXXXXXXXXX) commenced an action against XXXXXXXXXX, the owner of the other vehicle and the operator of the other vehicle who ran a red light. Pursuant to court settlement, the defendants' insurers (the other vehicle's owner insurance carrier) will agree to make periodic payments to the Claimant and if the Claimant dies within the guarantee period, to the Claimant's estate.
The issue is the income tax treatment of the periodic payments.
Position TAKEN:
We rule that the payments will not be taxable under any provision of the Income Tax Act as it currently reads.
Reasons FOR POSITION TAKEN:
The terms of the settlement are considered to be consistent with the Department's position set out in IT-365R2 (in particular paragraphs 3 and 5).
XXXXXXXXXX
XXXXXXXXXX 2000-001917
XXXXXXXXXX
Attention: XXXXXXXXXX
XXXXXXXXXX, 2000
Dear Sirs:
Re: Advance Income Tax Ruling
Structured Settlement
XXXXXXXXXX (the "Claimant" )
We are replying to your letter of XXXXXXXXXX, wherein you requested an advance income tax ruling on behalf of the Claimant with respect to a proposed structured settlement for damages arising out of personal injuries suffered by the Claimant.
To the best of your knowledge, and that of the taxpayer involved, none of the issues contained herein is, in an earlier return of the taxpayer or a related person, being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person or is under objection by the taxpayer or a related person and is before the courts or, if a judgement has been issued, the time limit for appeal to a higher court has not expired.
Our understanding of the facts and proposed transactions is as follows:
Statement of Facts
1. The Claimant was born on XXXXXXXXXX, and presently resides in XXXXXXXXXX and is a Canadian resident.
2. On or about the XXXXXXXXXX, the Claimant was a passenger in an automobile which was involved in a motor vehicle accident and sustained serious permanent personal injuries which has substantially reduced XXXXXXXXXX life expectancy.
3. Proceedings were commenced against the persons named therein (the "Defendants") in the Court of Queen's Bench of XXXXXXXXXX (Action No XXXXXXXXXX). The insurer involved is the XXXXXXXXXX (the "Insurer").
4. The Claimant has now reached an out-of-court-settlement with the Defendants with respect of XXXXXXXXXX claims, subject to the receipt of a favourable advance income tax ruling with respect to the payments to be made pursuant to the settlement, described in paragraph 5 below.
5. a) The terms of the settlement in respect of damages for personal injury provide,
amongst other matters, for payment to the Claimant of the following:
i) the sum of $XXXXXXXXXX together with costs and disbursements in the sum of
XXXXXXXXXX;
ii) the monthly sum of $XXXXXXXXXX commencing on the XXXXXXXXXX, increasing by 2% compounded annually and payable for XXXXXXXXXX lifetime,
guaranteed a minimum of XXXXXXXXXX years.
(b) Should the Claimant die prior to the time all guaranteed payments are made, the balance of the payments will be payable to the Claimant's estate.
6. The Insurer will assign its rights and obligation to provide for the periodic payments in paragraph 5. The obligation to make the payments in paragraph 5 will be met by XXXXXXXXXX (the "Second Insurer"). In consideration of the Second Insurer to make such payments, the Claimant agrees to settle XXXXXXXXXX claims against the Defendants.
7. The Second Insurer will fund its obligation to make the payments referred to in paragraph 5(a)(ii) by purchasing a single premium annuity contract issued by XXXXXXXXXX ("Lifeco").
8. The owner and annuitant (beneficiary) under the contract will be the Second Insurer, however, an irrevocable direction will be executed in respect of the annuity contract directing the Lifeco to make the payments in accordance with paragraph 5(a) above. The annuity contract will be non-commutable, non-assignable and non-transferable.
9. The Second Insurer will not, however, be released and discharged from making the payments referred to in paragraph 5(a) and each payment made shall, to the extent thereof and only to that extent operate as a pro tanto release and discharge of the obligation to make such payments.
Proposed Transaction
10. The Claimant proposes to enter into a settlement agreement containing , among other matters, the provisions set forth in paragraph 5 above.
Purpose of the Proposed Transaction
11. The purpose of the proposed transaction is to settle the claim for damages of the Claimant, in respect to the injuries sustained by the Claimant and to provide for the payment of damages in respect of such claim.
Ruling Requested and Given
Provided that the above mentioned facts and proposed transactions are accurate and constitute complete disclosure of all the relevant facts and proposed transactions, that the Settlement Agreement and Release is substantially the same as the document provided to us, and that the transaction is carried out as described herein, we confirm that the payments described in paragraph 5 above, which will be received by the Claimant or XXXXXXXXXX estate, as the case may be, will not be subject to tax in their hands under any provision of the Income Tax Act, as it presently reads.
This ruling is given subject to the general limitations and qualifications set forth in Information circular 70-6R3 dated December 30, 1996, issued by Canada Customs and Revenue Agency (the "Agency"), and is binding on the Agency provided the Settlement Agreement and Release and the Assignment and Assumption Agreement are executed on or before XXXXXXXXXX.
Yours truly,
XXXXXXXXXX
for Director
Business and Publications Division
Income Tax Rulings Directorate
Policy and Legislation Branch
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