27 November 1989 Administrative Letter 58896 F - Deferred Salary Leave Plan - Calculation of CPP and UI Premiums

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.

November 27, 1989

Dear Sirs:

This is in reply to your letter of September 13, 1989 addressed to our Source Deductions Division and referred to us for reply. Your concern is with the proper calculation of Canada Pension Plan (CPP) and Unemployment Insurance (UI) premiums in respect of contributions to, and payments out of, a deferred salary leave plan (DSLP).

The Department, in consultation with the Justice Department and the Departments of Finance, Employment and Immigration, and Health and Welfare, has determined that:

a)     U.I. premiums are to be based on the employee's gross salary before deferrals during the period of deferral and no premiums are to be withheld from the deferred amounts when paid to the employee during the leave period.

b)     C.P.P. premiums are to be based on the salary the employee actually receives during both the deferral period and the leave period.  When the deferred amounts are paid to the employer of that employee by the C.P.P. Act and is therefor required to pay the employer's contribution in respect of that employee.  Where the trustee/employer recovers the employer's C.P.P. contribution from amounts otherwise payable to the employee, it is our view that such amounts will not be part of the employee's gross salary from that employer.

To our knowledge, there are no provisions in the relevant legislations which will permit regular earnings to be combined C.P.P. premiums where the trustee of the plan is deemed to be a separate employer as discussed in b) above.  With respect to U.I. premiums, since no amounts need to be withheld from deferred compensation payments, this problem will not arise.

We trust these comments will be of assistance to you.

Yours truly,

for DirectorFinancial Industries DivisionRulings Directorate