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 the position taken in document #1999-0006485 is still valid? 2- Does paragraph 110.6(15)(a) apply in the various situations?
Position: 1- yes. 2-General comments.
Reasons: 1- Previous position. 2- Wording of the Act.
TAXATION OF FINANCIAL STRATEGIES AND FINANCIAL INSTRUMENTS ROUNDTABLE, OCTOBER 7, 2016
APFF - CONFERENCE 2016
Question 9
Application of paragraph 110.6(15)(a) in the case of life insurance payable on last death or multi-life insurance.
In Technical Interpretation 1999-0006485 dated January 25, 2000, the CRA acknowledged that the requirements of paragraph 110.6(15)(a) could be satisfied where a corporation owns an insurance contract under which more than one life is insured and whose death benefit is only payable after the last death.
« In our view, the fact that more than one person's life is insured under a life insurance policy owned by a corporation would not, by itself, mean that the requirements of paragraph 110.6(15)(a) of the Act would not be met. Accordingly, in the hypothetical situation described in your correspondence, it is our opinion that subparagraph 110.6(15)(a)(i) of the Act would apply, and the joint (last to die) insurance policy prior to death would be valued at its cash surrender value of $100,000. »
However, the French wording of paragraph 110.6(15)(a) is different from the English version in that it uses the words "where the person (referred to in this subsection as the "insured") whose life is insured under an insurance policy that is owned by a particular corporation owns shares of the capital stock of the particular corporation", while in English the terms used are "where a person (in this subsection referred to as the "insured"), whose life was insured under an insurance policy owned by a particular corporation, owned shares of the capital stock (in this subsection referred to as the "subject shares") of the particular corporation... ". The emphasis is ours.
Particular Situation
A corporation owns an exempt life insurance policy under which the lives of Mr. X and his spouse are insured. This contract is a life insurance policy payable at the last death, that is to say that the death benefit will be payable only after the last to die of Mr. X and his spouse. The corporation pays the policy premiums and is the sole beneficiary.
Mr. X is the sole shareholder of the corporation.
Mr X's spouse is not a shareholder of the corporation.
The life insurance policy has an adjusted cost basisof $0, a cash surrender value of $40,000 and a FMV, determined by an actuary, of $500,000.
Questions to the CRA
(a) Assuming that all other conditions are otherwise met, can the CRA confirm that Technical Interpretation 1999-0006485 of January 25, 2000 still applies to ensure that the requirements of subsection 110.6(15)(a) are respected in the situation described above allowing the assumption in subparagraph 110.6 (15)(a)(i) to apply during the lifetime of Mr. X and his spouse?
(b) Would the answer to the previous question be different if the life insurance contract owned by the corporation is not a policy where the death benefit is payable only after the last to die of Mr. X and his spouse but a multi-life insurance contract under which a death benefit is payable following the death of each insured person and that the lives insured under this contract are Mr. X as well as a key employee who is not a shareholder of the corporation? If so, what would be the tax consequences?
(c) On the basis of the same facts as question (b), can the CRA confirm that the requirements of paragraph 110.6(15)(a) would be satisfied, on the assumption that all other conditions are met, including those in respect of the 24-month period, thereby ensuring that the presumption in subparagraph 110.6(15)(a)(ii) would apply to the death of Mr. X while the key employee is alive? If not, what would be the tax consequences?
CRA response
The CRA continues to be of the view that the fact that there is more than one person whose life is insured under an insurance policy, which is the property of a particular corporation, is not by itself something that prevents the application of paragraph 110.6(15)(a).
Furthermore, the fact that the insured persons are not all shareholders of the given corporation is not usually a factor in determining whether paragraph 110.6(15)(a) applies to a shareholder of the corporation who is a person whose life is insured under an insurance policy which the corporation owns.
Response prepared by:
Danny Gagnon
613-670-9030
October 7, 2016
2016-065180
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