Translation disclaimer
This translation was prepared by Tax Interpretations Inc. The CRA did not issue this document in the language in which it now appears, and is not responsible for any errors in its translation that might impact a reader’s understanding of it or the position(s) taken therein. See also the general Disclaimer below.
Principal Issues: 1) Whether a spouse or common law partner ("Spouse") of a deceased RRIF annuitant can be an RRIF successor annuitant where the Spouse dies shortly after the RRIF annuitant?
2) Whether it is possible to reduce the amount of the RRIF deemed benefit on death and include this amount in the Spouse's income when the Spouse died shortly after the deceased annuitant?
3) During which period shall the Minister reassess a taxpayer in order to take into consideration a reduction of an amount otherwise required to be included in computing the deceased's income, as permitted by subsection 146.3(6.2)?
4) When does an amount need to be paid by or on behalf of a taxpayer to a carrier as consideration for an RRIF in order to be deductible under paragraph 60(l)?
5) Is it possible to open an RRIF account for a deceased person?
Position: 1) Depends on whether the undertaking was made pursuant to subparagraph (b)(i) or (b)(ii) of the annuitant definition in subsection 146.3(1).
2) It might be possible if the amount meets the designated benefit definition in subsection 146.3(1). However, to be a designated benefit under paragraph (a) of that definition the joint election between legal representative and the individual must be done while the individual is alive.
3) Six years after the day of sending a notice of original assessment under Part I.
4) In the year or within 60 days after the year in which the taxpayer has included a designated benefit in its income pursuant to subsection 146.3(5).
5) No.
Reasons: 1) If the annuitant has designated the Spouse as a successor annuitant of the RRIF in the RRIF contract or in his/her will, subparagraph (b)(i) applies at the time of death. However, the Spouse cannot be a successor annuitant under paragraph (b)(ii) of the annuitant definition in subsection 146.3(1) if the Spouse died before the RRIF carrier made the undertaking with the consent of the legal representative of the first deceased annuitant.
2) Where an amount is a designated benefit as defined in subsection 146.3(1), subsection 146.3(6.2) permits a reduction of the amount that a deceased annuitant is deemed to have received by subsection 146.3(6). In such a case, the amount received by the Spouse will be included in the Spouse’s income by virtue of subsection 146.3(5).
3) Paragraph 152(6)(f.3) requires the Minister to reassess the deceased's tax return if a reduction under subsection 146.3(6.2) is claimed. Pursuant to subparagraph 152(4)(b)(i), the reassessment for the adjustment in subsection 152(6) must be before the day that is 3 years after the end of normal reassessment period.
4) Preamble of paragraph 60(l).
5) Definition of RRIF and retirement income fund in subsection 146.3(1).
XXXXXXXXXX 2015-059268
Catherine Ayotte,
Notary, M. Fisc.
July 11, 2016
Dear Madam,
Subject: Transfer of Registered Retirement Income Fund (“RRIF”) at death
This letter is in response to your email of June 16, 2015 and several telephone conversations (XXXXXXXXXX /Ayotte) in which you requested information about the rules concerning the transfer of an RRIF on death.
Unless otherwise noted, all statutory references herein are references to the provisions of the Income Tax Act (the "Act").
Specifically, you were inquiring respecting the application of the RRIF annuitant concept where both spouses die within a short period of time. In addition, you wish to get more information on the steps to follow in order that a designated benefit, as defined in subsection 146.3(1), will be both included in computing the income of the spouse of the deceased annuitant as well as deducted under paragraph 60(l). You also inquired if these steps would be affected if the spouses died within a short period. Finally, you wish to know if it is possible to open an RRIF for a deceased person.
This technical interpretation provides general comments about the provisions of the Act and related legislation (where referenced). It does not confirm the income tax treatment of a particular situation involving a specific taxpayer but is intended to assist you in making that determination. The income tax treatment of particular transactions proposed by a specific taxpayer will only be confirmed by this Directorate in the context of an advance income tax ruling request submitted in the manner set out in Information Circular IC 70-6R7, Advance Income Tax Rulings and Technical Interpretations.
The rules applicable to the death of an annuitant of an RRIF depend on whether the deceased annuitant was, immediately before death, the last RRIF annuitant or not. Where the annuitant of an RRIF dies, it is important to identify if the deceased was the last RRIF annuitant.
Definition of "annuitant" and concept of "Survivor Annuitant"
Under the definition of "annuitant" in subsection 146.3(1), the RRIF annuitant, at any time, includes the first individual to whom the carrier has undertaken to make payments described in the definition "retirement income fund" in subsection 146.3(1) (the "First Annuitant"). After the death of the First Annuitant, subject to certain conditions, the annuitant may be the spouse or common-law partner of the First Annuitant (the "Survivor Annuitant").
Pursuant to paragraph (b) of the definition of annuitant in subsection 146.3(1), in order for the spouse or common-law partner (the "Spouse") to be considered the Survivor Annuitant, at any time after the death of the First Annuitant, the following conditions must be satisfied at that time:
- the Spouse must be alive;
- the carrier must have undertaken to make payments described in the definition of retirement income funds in the RRIF out of or under the fund (the "Payments"), to the Spouse after the death of the First Annuitant;
- the carrier's undertaking must comply with subparagraph (b)(i) or subparagraph (b)(ii) of this definition as explained below.
Commitment under subparagraph (b)(i) of the definition of annuitant in subsection 146.3(1)
In order that the commitment complies with subparagraph (b)(i) of the definition of "annuitant" in subsection 146.3(1), it must be made pursuant to an election of the First Annuitant described in the definition of retirement income fund in subsection 146.3(1). By this election, the First Annuitant designates that, after death, the Payments must continue for the benefit of the Spouse. In other words, provided that such an election is possible under private law, when the First Annuitant indicates, either in the RRIF contract or by a will, that the Spouse is the Survivor Annuitant of the RRIF, we are of the view that the carrier is committed to continue to pay benefits to the Spouse pursuant to subparagraph (b)(i) of the definition "annuitant" in subsection 146.3(1).
You requested our confirmation of the position taken by the Canada Revenue Agency ("CRA") in Technical Interpretation 9522107. This technical interpretation confirmed that a spouse could potentially qualify as Survivor Annuitant despite not receiving any sum before the spouse’s own death. In this interpretation, the spouse was a Survivor Annuitant due to the application of subparagraph (b)(i) of the definition of "annuitant" in subsection 146.3(1) because the spouse was designated as the survivor annuitant under the RRIF contract. This conclusion continues to be the position of the CRA in circumstances where a Spouse is a Survivor Annuitant by virtue of subparagraph (b)(i) of the definition "annuitant" in subsection 146.3(1).
Commitment under subparagraph (b)(ii) of the definition of annuitant in subsection 146.3(1)
Where an election for the RRIF has not been made in accordance with subparagraph (b)(i) of the definition of annuitant in subsection 146.3(1), the Spouse may still become the Survivor Annuitant of the RRIF after the death of First Annuitant. This is possible if the carrier has undertaken to continuing the Payments and that this undertaking was made with the consent of the legal representative of the First Annuitant, as permitted under subparagraph (b)(ii) of the definition of "annuitant” in subsection 146.3(1).
As noted above, in order for a Spouse to be a Survivor Annuitant at a particular time, all the conditions must be satisfied at that time. Consequently, if the death of the Spouse of the First Annuitant occurs before the carrier undertakes to make Payments with the consent of the legal representative of the First Annuitant, then all the conditions cannot be satisfied at the particular time. Thus, the death of the spouse before the carrier has so undertaken, with the consent of the legal representative, precludes the Spouse from being a Survivor Annuitant under paragraph (b)(ii) of the definition "annuitant" in subsection 146.3(1).
The deceased is not the last RRIF annuitant
Where the RRIF of the deceased annuitant continues in the name of the Survivor Annuitant, the deceased is not considered to be the last RRIF annuitant. In this situation, the amounts from the RRIF which become payable to the Survivor Annuitant are included in the Survivor Annuitant's income under subsection 146.3(5) in the taxation year in which they are received.
The deceased is the last RRIF annuitant
Where there is no Survivor Annuitant, the deceased annuitant of an RRIF is considered the last annuitant of the RRIF. The deceased is deemed by subsection 146.3(6) to have received, immediately before death, an amount under the RRIF equal to the fair market value ("FMV") of the RRIF property at the time of the death. Consequently, pursuant to subsection 146.3(5), this amount must be included in computing the deceased annuitant's income in the year of death.
The amount that the deceased is deemed to have received, immediately before death, under subsection 146.3(6) may be reduced under subsection 146.3(6.2). The amount of the reduction is is calculated in accordance with subsection 146.3(6.2). In general, this amount is a percentage of "designated benefits" as defined in subsection 146.3(1).
The designated benefit definition refers to the refund of premiums definition in subsection 146(1) assuming that the RRIF is a registered retirement savings plan ("RRSPs") that had not matured before the death. Thus, in order to understand the designated benefit definition, the refund of premiums definition must first be explained.
The definition of "refund of premiums" of an RRSP that has not matured
One of the conditions for an amount to be considered as a refund of premiums as defined in subsection 146(1) requires that the amount be paid to an individual who was, immediately before the annuitant's death:
• the Spouse, if the annuitant died before the maturity of the RRSP,
• a child, or grandchild, of the annuitant, who was financially dependent on the annuitant
(collectively, an "Eligible Recipient".)
A second condition requires that the amount be paid out of or under an RRSP as a consequence of the death of the annuitant under the plan. When an individual is named as the beneficiary of the RRSP in the RRSP contract, the CRA considers that the amount so received is paid under an RRSP because of the annuitant’s death. If this person is an Eligible Recipient, the amount will be considered as a refund of premiums, without any further formality.
Definition of "designated benefit"
The term "designated benefit" is defined in subsection 146.3(1). Under to this definition, two types of amounts may be a designated benefit.
The first type is referred to in paragraph (a) of the definition of designated benefit in subsection 146.3(1) and corresponds to amounts paid out or under an RRIF after the death of the last annuitant thereunder to the legal representative of that annuitant that satisfy the following conditions:
• They would have been "refunds of premiums" as that term is defined in subsection 146(1), had they been paid under the fund to the individual if the RRIF were an RRSP that had not matured before the annuitant's death.
• They are designated jointly, by the legal representative and the individual in prescribed form filed with the Minister. The individual is the Eligible Recipient under this condition. For that designation to be valid, the Eligible Recipient must be alive when the joint designation is made.
The second type of amounts qualifying as a designated benefit is provided in paragraph 146.3(1)(b) of that definition. Under this paragraph, a designated benefit is described as amounts paid out of or under the fund after the death of the last annuitant's thereunder to the individual that would be refunds of premiums had the fund been an RRSP that had not matured before the death. In this situation, the sums are not paid to the legal representative of the deceased annuitant.
Deduction of an amount includible in the income of the last annuitant and inclusion in the income of the Eligible Recipient
Once it has been determined that an amount qualifies as a designated benefit, an amount may be computed under subsection 146.3(6.2). As noted above, this amount may be deducted from the amount that the deceased is deemed to have received, immediately before death under subsection 146.3(6). Thus, the amount that is included in computing the deceased’s income, under subsection 146.3(5) and paragraph 56(1)(t), will be equal to the FMV of the RRIF property upon the death of the annuitant minus the amount determined under subsection 146.3(6.2). However, the amount of this reduction will be a benefit to be included in computing the income of the Eligible Recipient.
In particular, under subsection 146.3(5) and paragraph 56(1)(t), a taxpayer must include in computing income any amounts received under an RRIF during a taxation year. This rule applies where an Eligible Recipient receives an amount referred to in paragraph (b) of the designated benefit definition. However, under paragraph 146.3(5)(a), only the portion of the amount that is not included in computing the deceased's income under subsection 146.3(6) and (6.2) must be added to the income of the Eligible Recipient. In sum, an amount equal to the portion not included in computing the deceased's income must be included in the calculation of income of the Eligible Recipient in the taxation year in which the amount is received.
Where an amount is paid to the legal representative and is a designated benefit under paragraph (a) of the definition of designated benefit in subsection 146.3(1), subsection 146.3(6.1) provides, inter alia, that this designated benefit is deemed to be received out of or under the fund by the individual who is an Eligible Recipient at the time the legal representative receives it. Thus, by virtue of the combined application of subsection 146.3(5) and paragraph 56(1)(t), the Eligible Recipient must include in computing income, for the taxation year of deemed receipt of the amounts, the portion of the designated benefit that has not been included in computing the deceased's income under the combined application of subsections 146.3(6) and (6.2).
In summary, subsection 146.3(6.2) allows for the determination of what portion of the designated benefit will be included in computing the deceased annuitant's income and what portion will be included in computing the income of the Eligible Recipient.
The deadlines for accessing subsection 146.3(6.2)
Paragraph 152(6)(f.3) provides that where an amount is subsequently claimed for a taxation year by a taxpayer or on the taxpayer’s behalf due to the application of subsection 146.3(6.2), the Minister shall reassess a taxpayer's tax for any relevant taxation year in order to take into account the deduction claimed. Under subparagraph 152(4)(b)(i), the deadline for so reassessing is three years after the end of the normal reassessment period. As for the normal reassessment period of an individual, it is established in paragraph 152(3.1)(b) and generally corresponds to three years from the date of mailing of a notice of initial assessment. In other words, for the purposes of paragraph 152(6)(f.3), the assessment period extends up to six years from the date of a notice of initial assessment for the year of death (the "Assessment Period").
In summary, the Minister is required, by reason of paragraph 152(6)(f.3), to reassess when an amount otherwise included in computing the deceased's income under subsection 146.3(6) has been claimed as a deduction under subsection 146.3(6.2) and the claim is made within the Assessment Period.
In conjunction with this reassessment of the deceased, the Minister will reassess the Eligible Recipient under subparagraph 152(4)(b)(ii). This reassessment will have the effect of including in the computation of income of the Eligible Recipient an amount equivalent to the deduction claimed for the deceased. This reassessment should generally be made within six years from the date of the notice of assessment for the calendar year for which the Eligible Recipient received a taxable benefit under subsection 146.3(5). To determine in which taxation year the taxable benefit was received, the definition of "designated benefit" in subsection 146.3(1), and subsections 146.3(5) and 146.3(6.1), must be taken into account.
Following the inclusion in computing the income of the Eligible Recipient, the Eligible Recipient be entitled to a deduction under paragraph 60(l) if the conditions of that paragraph are satisfied.
Transfer of the RRSP or RRIF designated benefit to the Eligible Recipient
Briefly, where an Eligible Recipient has received a taxable designated benefit from an RRIF, paragraph 60(l) allows the claiming of an offsetting deduction equal to the total amount paid (the "Transfer Payment") by the Eligible Recipient:
• as a premium under an RRSP,
• to acquire an annuity as described in subparagraph 60( l)(ii)
• to a carrier as consideration for an RRIF.
Under clause 60(l)(v)(B.2), the amount of the deduction claimed by the Eligible Recipient cannot exceed the "eligible amount" of the Eligible Recipient for the year in respect of the RRIF. For the purposes of subparagraph 60(l)(v), the concept of "eligible amount" is defined in subsection 146.3(6.11) and represents, in general terms, the portion of the amount corresponding to the designated benefit less the minimum amount (footnote 1) under the fund for the taxation year. Thus, to qualify for this deduction, paragraph 60(l) provides that the Transfer Payment made by or on behalf of the Eligible Recipient must be made in the year or within 60 days of the end of the year in which the Eligible Recipient included a designated benefit in computing income by virtue of subsection 146.3(5).
By way of example, if an Eligible Recipient must add an amount equal to a designated benefit in computing income for the year 2014, the Transfer Payment must be made during the year 2014 or during the first 60 days of year 2015.
Creating an RRIF for a deceased person
You also inquired whether it is possible to open an RRIF for an annuitant who is deceased at the time of the creation of the RRIF. To this end, the definitions of "registered retirement income fund" and "retirement income fund" in subsection 146.3(1) do not allow the creation, after the death, of an RRIF for which a deceased person would be the annuitant.
We trust that our comments will be of assistance.
Louise J. Roy, CPA, CGA
Manager
for the Director
Financial Industries and Trusts Division
Income Tax Rulings Directorate
Legislative Policy and Regulatory Affairs Branch
FOOTNOTES
Note to reader: Because of our system requirements, the footnotes contained in the original document are shown below instead:
1 For more information respecting the minimum amount under the fund, see the definition of ”minimum amount” in subsection 146.3(1).
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