2005 Ruling 2005-0121571R3 - Structured Settlement

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.

Principal Issues: Are payments received from a structured settlement annuity taxable?

Position: No

Reasons: Meets the position established in par 5 of It-365R2

XXXXXXXXXX 2005-012157

XXXXXXXXXX, 2005

Dear XXXXXXXXXX:

Re: Advance Income Tax Ruling
Structured Settlement
XXXXXXXXXX (the "Claimant") SIN XXXXXXXXXX

We are replying to your letter of XXXXXXXXXX, wherein you requested an advance income tax ruling on behalf of the Claimant with respect to the 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:

(i) dealt with in an earlier tax return of the Claimant or a related person;

(ii) being considered by a tax services office or taxation center in connection with a previously filed return of the Claimant or a related person;

(iii) under objection by the Claimant or a related person;

(iv) before the Courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired; or

(v) subject of a ruling previously issued by the Income Tax Rulings Directorate.

Our understanding of the facts and proposed transactions is as follows:

Statement of Facts:

1. The Claimant was born on XXXXXXXXXX and currently resides in the City of XXXXXXXXXX in the Province of XXXXXXXXXX within the jurisdiction of the XXXXXXXXXX Tax Services Office.

2. On or about XXXXXXXXXX, the Claimant was involved in a motor vehicle accident. The Claimant was severely injured as a result of this accident.

3. Claimant commenced an action XXXXXXXXXX, against persons named therein (the "Defendants"). The insurer involved is XXXXXXXXXX (the "Insurer").

4. The Claimant has now reached an out-of-court settlement with the Defendants with respect to his claims, subject to receipt of a favourable income tax ruling with respect to the payments under the settlement described in paragraph 5 below.

5. (a) The terms of the settlement in respect of damages for personal injury provide, among other matters, for payment to the Claimant of the following:

i) commencing XXXXXXXXXX, lifetime monthly payments of $XXXXXXXXXX increasing by XXXXXXXXXX% compounded annually, with a guarantee period of XXXXXXXXXX years.

ii) guaranteed lump sum payments of $XXXXXXXXXX per annum commencing on XXXXXXXXXX and guaranteed for XXXXXXXXXX years.

(b) Should the Claimant die prior to the time that all guaranteed payments are made, the balance of the payments will be payable to the Claimant's estate or named beneficiaries.

6. The obligation to make the payments in paragraph 5 will be met by the Insurer. In consideration of the Insurer to make such payments, the Claimant agrees to settle his claims against the Defendants. The Insurer will not, however, be released and discharged from making such payments and each payment 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.

7. The Insurer will fund its obligation to make the foregoing payments described in paragraph 5(a)(i) and (ii) above by purchasing XXXXXXXXXX single premium annuity contracts (individually the "annuity contract") issued by the XXXXXXXXXX ("Lifeco1") and XXXXXXXXXX ("Lifeco2"). The annuity contracts will be non-commutable, non-assignable and non-transferable.

8. The owner and annuitant (beneficiary) under the contract will be the Insurer, however, an irrevocable direction will be executed in respect of each annuity contract directing the Lifeco1 and Lifeco2 respectively to make the payments in accordance with paragraph 5(a)(i) and (ii) above.

Proposed Transaction

9. 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

10. 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 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 Release and Structured Settlement Agreements are substantially the same as the documents 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 his 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 70-6R5, dated May 17, 2002, issued by the Canada Revenue Agency ("CRA"), and is binding on the CRA provided the Release and Structured Settlement Agreements are executed on or before XXXXXXXXXX.

Yours truly,

XXXXXXXXXX
For Director
Financial Industries Division
Income Tax Rulings Directorate
Policy and Planning Branch