2 November 1990 External T.I. 9026995 F - Annual Reporting of Accrued Interest Requirement for Series S44 CSB Bought under Payroll Deduction

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.

19(1)

November 2, 1990

19(1)

Re:  Subsection 12(4) of the Income Tax Act (the "Act")

We are writing in response to your letter of October 1, 1990 concerning Series S44 Canada Savings Bonds (CSBs) purchased through a payroll deduction program.

You have asked for our interpretation of when Series S44 CSBs purchased in this manner are acquired for the purposes of subsection 12(4) as enacted by Bill C-28. Subsection 12(4) requires annual reporting of accrued interest for investment contracts acquired or materially altered after 1989. Investment contract is defined in paragraph 12(11)(a).

Under a typical arrangement between an employer and an employee, we understand that employees who wished to acquire Series S44 CSBs enrolled in a payroll deduction program in September 1989 and authorized their employer to withhold the purchase price of the bonds in instalments beginning in November 1989 and ending in August 1990. Applications for the bond purchases would have been signed in 1989 but the bonds would not be physically received by the employees until October 1990. An employee who withdrew from the program prior to completing all payments would be reimbursed the payments made to the date of cancellation, less the carrying charges, plus the interest earned on the bond to that date provided the cancellation did not take place before February 1990.

It is our view that, for the purposes of subsection 12(4) of the Act, Series S44 CSBs bought under a typical payroll deduction would be considered to have been acquired in 1989.

Our opinion is provided in accordance with the practice described in paragraph 21 of Information Circular 70-6R2 and consequently is not binding upon Revenue Canada, Taxation.

Yours truly,

for DirectorFinancial Industries DivisionRulings Directorate

Statement of Principal Issues

Re:  Canada Savings Bonds (CSBs) Opinion 5-902699

24(1) asked for our opinion on whether 1989 CSBs purchased through a payroll system and not physically acquired until 1990 would be subject to the new annual interest accrual rules, as set out in new subsection 12(4), as enacted by Bill C-28.

Subsection 12(4) is applicable to investment contracts acquired after 1989. The issue is when title or the rights and benefits of the contract are transferred to the purchaser.

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In a letter of June 12, 1990 to 24(1) further to that meeting, Lynda Shevkenek of RCT's Information Returns Group stated:

     The changes brought about by Bill C-28 apply to investment contracts acquired or materially altered after 1989, i.e. "C" bonds purchased in November 1990.

Our response is based on this decision of RCT's Information Returns Group and not on an exhaustive evaluation of the significance to the acquisition question of the date where interest on a CSB begins to accrue to the purchaser.