22 February 1990 Income Tax Severed Letter AC59521 - Withdrawals from Spousal RRSP and RRIF

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) 5-9521

A.B. Adler
(613) 957-8962

February 22, 1990

Dear 19(1)

This is in reply to your letter dated January 30, 1990 concerning the treatment of withdrawals from spousal RRSPs and RRIFs under subsections 146(8.3) or 146.3(5.1) respectively of the Income Tax Act ("Act").

You provided the following scenario for our consideration.

Taxation Year Date of Deposit
for Deduction to Spousal
By Contributor RRSP Amount

1986 February 5, 1987 $1,000
1987 January 1, 1988 $1,000
1988 March 1, 1989 $ 500

The entire amount is withdrawn from the spousal RRSP on January 1, 1991.

We concur with the view presented in your letter that $500 would be attributed to the contributor under subsection 146(8.3) of the Act and the remaining amount withdrawn would be income of the RRSP annuitant under, presumably, paragraph 146(12)(b) of the Act. In our view subsection 146(8.3) of the Act, revised applicable to the 1986 and subsequent taxation years, contemplates a three year period in which deductible RRSP premiums are paid.

For your information, as a consequence of a 1986 amendment to the Act, subsection 146(8.3) is now also applicable where the spouse has an income inclusion under subsection 146(8) of the Act. The Technical Notes in respect of the amendment state that the purpose of this amendment was to conform with the amendment to subsection 146(2) of the Act which permits withdrawals from RRSP's prior to maturity.

We are also of the view that the wording in subsection 146.3(5.1) of the Act that refers to subsection 146(5.1) is consistent with the wording in the latter provision.

Enclosed, for your use, is a photocopy of relevant form T2205 for 1988 entitled "Calculation of amounts to be included in income out of a spousal RRSP of RRIF".

We trust that our comments will be of assistance to you.

Yours truly,

for Director
Financial Industries Division
Rulings Directorate

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