Retiring Allowance

Cases

Freitas v. The Queen, 2017 TCC 46 (Informal Procedure), rev'd in part 2018 FCA 110

The taxpayer, who retired as a partner of Deloitte & Touche LLP in 2007, received a share of the partnership income in his 2008 taxation year...

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Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Canada Pension Plan - Section 14 ITA s. 96(1.1) allocation of professional income was included 121

Forest v. Canada, 2008 DTC 6506, 2007 FCA 362

The Court varied a finding of the Tax Court Judge that the full $152,969 received by the taxpayer was a retiring allowance and instead found that...

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Schwartz v. Canada, 96 DTC 6103, [1996] 1 SCR 254

The taxpayer received $400,000 in settlement of his claim for damages following the repudiation by a company ("Dynacare") of its agreement to...

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Merrins v. The Queen, 94 DTC 6669, [1995] 1 CTC 111 (FCTD)

The taxpayer was unsuccessful in his argument that $60,000 paid to him pursuant to an award of an arbitrator and following the filing of a...

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The Queen v. Albino, 94 DTC 6071, [1994] 1 CTC 205 (FCTD)

In 1973, the taxpayer agreed to participate in an "incentive performance plan" of his employer under which the taxpayer was granted "share...

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J.A. Michel Paquin v. Her Majesty The Queen, 90 DTC 6663, [1991] 1 CTC 95 (FCTD)

On October 23, 1978 it was agreed that the taxpayer's employment would terminate effective December 31, 1978. This latter date was the effective...

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Lorenzen v. The Queen, 81 DTC 5251, [1981] CTC 377 (FCTD)

The taxpayer arranged for the transfer of the assets of one company to a second company that was also controlled by him. Although the taxpayer was...

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Girouard v. The Queen, 80 DTC 6205, [1980] CTC 284 (FCA)

Amounts paid pursuant to a liquidated damages clause in an employment contract in respect of loss of employment were found to have the same...

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Choquette v. The Queen, 74 DTC 6563 (FCTD)

Before finding that an amount received by the taxpayer did not qualify as a retiring allowance under the definition in the pre-1972 Act (and after...

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See Also

Nadeau v. Agence du revenu du Québec, 2021 QCCQ 4638

The Superior Court of Quebec found: that the two taxpayers, who were minority shareholders, employees and directors of a private family...

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Moorthy v Revenue and Customs, [2018] EWCA Civ 847

Following a restructuring of his employer, the taxpayer was made redundant and terminated in 2010. Following a mediation, the taxpayer settled his...

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Words and Phrases
injury

Abenaim v. The Queen, 2017 CCI 223

The taxpayer’s company for selling and leasing office equipment was merged in 1986 with a Minolta company to form Minolta Montreal, with 24% of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit oppression damages were non-taxable 109

Girard v. Agence du revenu du Québec, 2017 QCCQ 3245

The Québec government decree that some municipalities were to be amalgamated to form the Ville de Saguenay (the “City”) also stipulated that...

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Robinson v. Québec (Sous-ministre du Revenu), 2010 QCCQ 6481

The taxpayer, who had for a long time been providing his legal services as independent contractor to the City of Gatineau, became an employee of...

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Saardi v. The Queen, 99 DTC 767 (TCC)

A lump sum of Cdn.$50,000 that the taxpayer received from his former U.S. employer was found to have been received not from his loss of employment...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) 50

Tremblay v. The Queen, 2009 DTC 1558, 2009 TCC 437

A lump sum of approximately $2.5 million received by the taxpayer, an executive, on the termination of his employment pursuant to a Settlement...

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Dunphy v. The Queen, 2010 DTC 1028 [at 2671], 2009 TCC 619 (Informal Procedure)

Sheridan, J. determined the portion of $45,000 payment received by the taxpayer on termination by his employer to be allocated to the taxpayer's...

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Rae v. The Queen, 2010 DTC 1107 [at 3044], 2010 TCC 130

[The taxpayer, a corporate controller, was suspended with pay after alleging that management was manipulating the Canadian corporation's financial...

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Schewe v. The Queen, 2010 DTC 1056 [at 2810], 2010 TCC 47

At a time that the taxpayer was the dean of a program at a university, the university determined to also permit the taxpayer to become a full-time...

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Wedge v. The Queen, 2005 DTC 1213, 2005 TCC 480

A payment made to the taxpayer by his employer upon his termination of employment by an affiliated corporation did not qualify as a retiring...

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Ahmad v. The Queen, 2002 DTC 2065 (TCC)

The taxpayer was wrongfully demoted and stripped of his significant responsibility by his employer at the instigation of a major customer (Ontario...

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Fostey v. The Queen, 99 DTC 1004 (TCC)

The taxpayer was the chief executive officer of a corporation that sold its business to another corporation. In finding that a lump sum received...

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Anderson v. The Queen, 98 DTC 1190, [1998] 1 CTC 2522 (TCC)

The full amount of a lump sum received by the taxpayer in settlement of his action for alleged wrongful dismissal was a retiring allowance...

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Blaker v. The Queen, 93 DTC 1025, [1994] 1 CTC 2242 (TCC)

A lump sum of $90,000 received by the taxpayer in consideration for his resignation from a governor-in-council appointment to the National Parole...

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George Niles v. Minister of National Revenue, 91 DTC 806, [1991] 1 CTC 2540 (TCC)

The taxpayer, whose employment was terminated and who then received the sum of $5,000 from his employer following his filing of a formal complaint...

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Merrins v. MNR, 91 DTC 699, [1991] 2 CTC 2045 (TCC)

The taxpayer, who was laid off by his employer and filed a grievance under the collective agreement, received an award from the arbitrator as a...

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James R. Crighton v. Minister of National Revenue, 91 DTC 511, [1991] 1 CTC 2318 (TCC)

Upon terminating the taxpayer's employment, his employer offered to pay him the sum of $150,000 "in whatever form you choose which best suits your...

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Serafini v. MNR, 89 DTC 653, [1989] 2 CTC 2437 (TCC)

The regular salary package which the taxpayer received during the one-year period between the time that he ceased his duties of employment and the...

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Harel v. Deputy Minister of Revenue (Quebec), 77 DTC 5438, [1977] CTC 441, [1978] 1 S.C.R. 851

A lump sum received on his retirement by the taxpayer in settlement of his accumulated sick-leave credit under the sickness benefit plan contained...

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Administrative Policy

4 December 2007 Internal T.I. 2007-0255381I7 F - Dommages reçus suite à la perte d'un emploi

Is an amount paid by an employer to an employee, to compensate the employee following a dismissal and a complaint of psychological harassment,...

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28 July 2017 External T.I. 2017-0685961E5 - Taxation of Settlement Amounts

A Settlement Amount was provided to current and former employees of the Employer to settle a grievance regarding the cancellation of various...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 6 - Subsection 6(3) - Paragraph 6(3)(b) settlement amounts paid after repudiation of post-retirement health benefits were deemed employment income 230
Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) amounts received in settlement of employment grievances to be s. 5 income on general principles 211

21 July 2017 Internal T.I. 2017-0714931I7 F - Retiring allowance - Sick Leave

Under a collective agreement, an employee's sick leave credits (net of days used) are accumulated in a reserve ("Reserve") and, in December of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Death Benefit includes payout on death of accumulated (non-excess) sick leave credits 195
Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) payout on termination of accumulated sick leave credit is employment income to extent otherwise would have been paid at year end 84

6 June 2016 Internal T.I. 2015-0590411I7 F - Revenu d’emploi ou allocation de retraite

Situation 1

On Date 1, the taxpayer was informed by letter of her employer that her employment would terminate on Date 2 (being the end of the...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) "salary" paid after notice period was retiring allowance 227

S2-F1-C2 - Retiring Allowances

Cessation of employment

2.7 ... The fact that an individual continues to participate in a health or dental plan of a former employer would not, on...

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27 January 2016 External T.I. 2015-0599581E5 - Taxation of a lump-sum from a former employer

An individual receives a lump-sum amount receivable from a former employer under a written agreement made following the termination of employment...

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7 August 2014 External T.I. 2014-0521901E5 - Damages in settlement of grievances

the employer abolished the employee's position, but the employee remained employed by the same employer and was assigned different duties. The...

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30 April 2013 External T.I. 2013-0479461E5 F - Sommes versées dans le cadre d règlement à l'amiable

After noting that the surrogatum principle applied in determining the character of amounts paid to a former employee by the employer in an...

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21 March 2013 External T.I. 2012-0467221E5 - Retiring allowance converted to ELHT contribution

In response to a query as to made to employees. an employer must withhold income tax from a lump sum pre-retirement leave payment ("LPLP") made...

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29 February 2012 External T.I. 2011-0431131E5 F - Sommes versées en règlement d'un grief

After a unionized employee filed a grievance for wrongful dismissal, the employer will pay the employee a lump sum so that the latter can make a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) damages on retroactive reinstatement are taxable 75
Tax Topics - Income Tax Act - Section 60 - Paragraph 60(j.1) - Subparagraph 60(j.1)(v) previous employment years of service included if bought back 145
Tax Topics - Income Tax Act - Section 60 - Paragraph 60(j.1) - Subparagraph 60(j.1)(ii)(B) employer contributions vest for each year bought back by an employee 121

11 August 2011 External T.I. 2011-0406061E5 F - Dommages reçus suite à la perte d'un emploi

Is compensation for renouncing rights of reinstatement that is received in settlement of union grievances taxable? CRA responded:

[C]ompensation...

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23 February 2011 External T.I. 2010-0389701E5 F - Sommes versées en règlement de griefs

Is compensation received for renunciation of reinstatement of employment and waiver of notice, employment search costs or damages, that is paid in...

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12 August 2010 Internal T.I. 2010-0356781I7 F - Allocation de retraite, indemnité 2091 C.c.Q.

Art. 2091 of the Civil Code of Québec (C.C.Q.). requires an employer to provide reasonable notice of termination, and Art. 2092 provides that...

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16 December 2009 External T.I. 2009-0349031E5 F - Allocation de retraite, congés de maladie

An employee is reimbursed for a portion of the employee’s accumulated sick leave, with the amount being paid to the employer's pension plan to...

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22 May 2009 External T.I. 2009-0311241E5 F - Compensation reçue pour harcèlement psychologique

The Labour Relations Board found that an employee had not been wrongfully dismissed, so that the individual was not entitled to damages or salary...

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14 April 2009 External T.I. 2009-0307791E5 F - Allocation de retraite et congé de maladie

Pursuant to the collective agreement, an employer grants sick leave to its employees annually, with the balance of the sick leave paid out in...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) payment of accumulated sick leave on termination was employment income given pattern of annual payouts 144

17 November 2008 Internal T.I. 2008-0299621I7 F - Allocation de retraite

Amounts received from the former employer as compensation for loss of wages within the meaning of s. 53(2)(c) of the Canadian Human Rights Act and...

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6 February 2008 External T.I. 2007-0248161E5 F - Retenues à la source / Congédiement

The lawyers for a dismissed employee proposed that the wrongful dismissal claim be settled by the payment of a non-taxable amount. CRA...

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1998 Revenue Canada Paper 9824890

Comprehensive discussion of issues arising out of termination of employment.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) 10

30 November 1996 Ruling 9709133 - TAXABILITY OF GENERAL DAMAGES

Damages to be received by a resigning employee in respect of her sexual harassment claim and in respect of a claim for malicious prosecution,...

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8 October 1996 T.I. 962701 (C.T.O. "Loss of Employment, Mental Distress, Damages")

"Generally ... payments made by an employer to an employee in connection with the loss or termination of employment, whether or not received as...

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Income Tax Technical News, No. 7, 21 February 1996 (cancelled)

Where an individual retires from all employment on the sale of the employer's active business but agrees to carry on certain administrative duties...

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3 August 1995 Internal T.I. 9520017 - RETIRING ALLOWANCE AND RETURN TO SAME EMPLOYER

"If a person is terminated and receives a termination payment, without any assurance of being rehired, it is our position that the payment can be...

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4 July 1995 External T.I. 9516755 - RETIRING ALLOWANCE GENERAL LETTER

Where an individual was terminated from full-time employment and, at the same time, was rehired on a part-time basis for a three-year period, a...

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15 June 1995 External T.I. 9508375 - FRINGE BENEFITS AND RETIRING ALLOWANCE

"The amount paid by the employer on the employee's behalf for the maintenance of health benefits is not considered a retiring allowance for the...

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9 February 1995 Internal T.I. 9418527 - DAMAGES FOR EMPLOYMENT RELATED HUMAN RIGHT VIOLATION

Where the taxpayer has resigned voluntarily and the remedy sought by her in her complaint was the loss of salary attributable to her former...

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1 November 1994 External T.I. 9426035 - RETIRING ALLOWANCE

"Continued participation in a former employer's health plan (i.e.,drug, dental, long term disability plan) for a restricted period of time would...

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11 October 1994 Internal T.I. 9418166 - EX GRATIA PAYMENT

An Ex gratia payment authorized by a Order in Council in connection with a wrongful dismissal grievance will be taxable either as employment...

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13 September 1994 External T.I. 9419775 - RETIRING ALLOWANCE RCA DOWNGRADE OF POSITION

A retiring allowance cannot be paid on the downgrading of an employment position.

28 June 1994 External T.I. 9413245 - RETIRING ALLOWANCE

Where a retiring allowance is to be paid in installments, any amount calculated as interest on the installments will characterized as interest and...

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24 June 1994 Internal T.I. 9416107 - XXXXXXXXXX WORKFORCE REDUCTION PAYMENT

"If the parties agreed during negotiations before or after termination that the employee is entitled to a certain notice period, then a payment in...

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22 June 1994 External T.I. 9412745 - RETIRING ALLOWANCE

"The Department has taken the position that a payment in lieu of earnings for the period of reasonable notice which is made by virtue of the...

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12 May 1994 Institute of Chartered Accountants of Alberta Round Table, Q. 12, File No. 940969 (C.T.O. "Retiring Allowance Pay in Lieu of Notice")

A payment made in lieu of earnings for the period for which reasonable notice is required by virtue of the terms of an employment contract...

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1 March 1994 T.I. 94022 (C.T.O. "H.A.A. 7278-1 Retiring Allowance Return to Employment")

Where an individual is rehired (on a casual, part-time or contract basis) by a former employer or an affiliated employer, shortly after leaving an...

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8 March 1994 External T.I. 9400085 - HAA7278-1 RETIRING ALLOWANCE PAY IN LIEU OF NOTICE

Termination pay received pursuant to s. 57 of the Employment Standards Act (Ontario) does not constitute a retiring allowance whether or not...

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17 February 1994 External T.I. 9400525 - HAA4749-1 RETIRING ALLOWANCE, PENSION ACCRUALS

A person is not considered to have retired or lost an office or employment if pensionable service under a registered pension plan continues to...

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8 February 1994 Internal T.I. 9337207 F - Retiring Allowance on Transfer Within School Board

Head Office generally was of the view that an employee who transfers from a staff support position to a teaching position with the same school...

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93 C.R. - Q. 34

Termination pay in lieu of notice received under s. 57 of the Employment Standards Act (Ontario) will not be a retiring allowance whether or not...

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7 December 1993 9333975 - Retiring Allowances—Interest

It is a question of fact whether a payment of interest in respect of a severance payment is a retiring allowance or interest for purposes of the Act.

19 November 1993 External T.I. 9325085 - HAA-7278-1 retiring allowance inactive corporation

It is a question of fact whether the degree of involvement by an individual in a corporation following the sale of all his shares will be...

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5 July 1993 Memorandum (Tax Window, No. 33, p. 8, ¶2643)

Under paragraph 30(c) of the Canada Labour Standards Regulations, an employee is considered to have been laid off where she was advised that the...

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10 June 1993 Memorandum (Tax Window, No. 32, p. 4, ¶2594)

Where in an out-of-court settlement of a suit brought in connection with the termination of employment, an amount is allocated as damages for...

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4 June 1993 Memorandum (Tax Window, No. 32, p. 9, ¶2602)

Where an employee is dismissed, receives an arbitration award and is reinstated in his former position, then if the reinstatement is on a...

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17 May 1993 Memorandum (Tax Window, No. 31, p. 1, ¶2507)

Where a long-term unionized employee has been laid off by his employer or has retired without any assurance of being rehired, an amount received...

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28 April 1993 9312026 - Retiring Allowance Employment Standards Act

Termination pay received pursuant to s. 57 of the Employment Standards Act (Ontario) will be considered to be employment income rather than a...

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9 March 1993 T.I. (Tax Window, no. 29, p. 21, ¶2458)

A payment received by a union from an employer who closed one of its operations as compensation for the loss of exclusive bargaining rights, the...

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12 January 1993 T.I. (Tax Window, No. 20, p. 16, ¶2385)

When an employee ceases work due to retirement but pension benefits continue to accrue or normal employee benefits continue to be enjoyed by the...

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5 November 1992 Ministerial Letter 9118508 - DAMAGES AWARDS AS RETIRING ALLOWANCES

General damages awarded by a human rights tribunal would not constitute a retiring allowance.

12 August 1992 External T.I. 5-921978

For purposes of the position that an employee will not have retired if employment continues with an affiliate of the former employer, RC will...

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8 April 1992 T.I. (Tax Window, No. 18, p. 19, ¶1844)

A payment made to an employee upon being promoted to partner is not necessarily a retiring allowance.

5 February 1992 Internal T.I. 7-920092

Where an employee dies and the balance of accumulated sick leave credits in respect of the employee continue to be paid to his beneficiaries, such...

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5 February 1992 T.I. (January - February 1993 Access Letter, p 36, ¶C248-123)

It is unlikely that employment has ceased where pension benefits continue to accrue or normal employee benefits continue to be enjoyed by the...

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22 January 1992 T.I. (Tax Window, No. 15, p. 5, ¶1707)

A payment will not be considered to be a retiring allowance when, at the time the employee ceases employment, there is assurance that he will be...

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10 June 1991 Memorandum (Tax Window, No. 4, p. 27, ¶1287)

An amount received as damages on the withdrawal of an offer of employment may come within the definition if the "withdrawal" is in fact the...

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90 C.R. - Q4

Where an individual entitled to a retiring allowance dies, the amount received by the estate as a consequence of his death is a death benefit.

23 April 1990 T.I. (September 1990 Access Letter, ¶1436)

Where an individual is a majority shareholder and employee of both A Ltd. and B Ltd., a payment made to him upon his retirement from A Ltd. while...

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18 October 89 T.I. (March 1990 Access Letter, ¶1156)

Pre-judgment interest received in a court award would be excluded from income, and therefore withholding tax is not required to be deducted on the...

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89 C.R. - Q.50

RC does not consider an employee to have retired where he continues employment with any person who acquired or continues the business carried on...

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86 C.R. - Q.52

a payment made by a partnership to a retired partner may qualify as a retiring allowance provided that the amount is paid in recognition of the...

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84 C.R. - Q.20

it is essentially a determination of fact whether a series of payments represents pension benefits under s. 56(1)(a)(i) or retiring allowance...

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84 C.R. - Q.23

loss of office does not include a transfer (or demotion) from one position to another with the same employer.

IT-337R2 "Retiring Allowances"

Articles

Brown, "Revisiting the Tax Treatment of Settlement Amounts: Recent Developments", Taxation of Executive Compensation and Retirement, Vol. 8, No. 6, February 1997, p. 243.

Collins, "The Terminated Employee: Minimizing the Tax Bite", 1993 Conference Report, C. 31.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 60 - Paragraph 60(j.1) 0

Brown, Lee, "Putting Employees on Notice: Tax Treatment of Amounts Paid on Termination of Employment", Taxation of Executive Compensation and Retirement, April 1994, p. 908.

Laushway, "Retiring Allowances and Future Employment by Affiliates", Canadian Current Tax, July, 1993, p. P15.

Novek, "Retiring Allowances are Subject to Administrative Guidelines", Taxation of Executive Compensation and Retirementt, November 1991, p. 523.

MacKnight, "Termination Payments for Mental Distress and Loss of Reputation", Canadian Current Tax, October 1993, p. P21.

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