16 November 1989 Ministerial Letter 58928 F - Transfer of Retiring Allowances

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 16, 1989

Dear Sirs:

Re:  Subsection 60(j.1) of the Income Tax Act (the "Act")

This is in reply to your letter of October 13, 1989 concerning the application of subsection 60(j.1) of the Act in the following hypothetical situation:

1.     Mrs. X was an employee of corporation A for 20 years upon which time she became employed by Corporation B. Corporation A and Corporation B were not related at the time her employment commenced with Corporation B or at any time in the prior 20-year period.

2.     After 2 years of employment with Corporation B, Corporation B's parent acquires control of Corporation A.

3.     Mrs. X is forced to retire form Corporation b and is given retiring allowance of $50,000 from Corporation B.

With respect to the above situation, you ask if Mrs. X's years of employment with Corporation A would be included in the "number of years" for the purposes of clause 60(j.1)(ii)(A) of the Act.

Since Corporations A and B would be related at the time of Mrs. X's retirement pursuant to paragraph 251(2)(c) of the Act, it is our view that Mrs. X's years of employment with Corporation A would be so included.

The above comments reflect an expression of opinion only and as such, they are not binding on the Department.  We trust however that they will be of assistance.

Yours truly,

for DirectorFinancial Industries DivisionRulings Directorate