Superannuation or Pension Benefit

Cases

Woods v. The Queen, 2010 DTC 1095 [at 2996], 2010 TCC 106, aff'd 2011 DTC 5049 [at 5681], 2011 FCA 90

When the taxpayer's brother died, his pension scheme paid her a large lump sum. Boyle J. rejected the taxpayer's position that the payment was in...

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The Queen v. Sun Life Assurance Co. of Canada, 80 DTC 6333, [1980] CTC 418 (FCA)

The broad definition indicates that a "superannuation or pension benefit" is not restricted to a benefit paid to a beneficiary of a pension plan,...

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The Queen v. Herman, 78 DTC 6311, [1978] CTC 442 (FCTD)

A pension fund is not limited to one to which contributions are deductible under the Act when made. Pension payments received from the United...

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See Also

Jacques v. The Queen, 2016 TCC 245

The taxpayer received a lump sum of $390,000 on the death of her sister (a U.S. resident), being the balance in her sister’s 401(k) plan. As...

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Words and Phrases
pension plan
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - superannuation or pension fund or plan 401(k) plan not a pension plan 139

Schaub v. The Queen, 2014 DTC 1174 [at 3647], 2014 TCC 212 (Informal Procedure)

When the taxpayer immigrated to Canada, he continued to make monthly contributions to the Swiss national pension plan, which were not deductible...

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Emond v. The Queen, 2012 DTC 1252 [at 3719], 2012 TCC 304 (Informal Procedure)

Under the terms of a consent order respecting her separation from her husband, the taxpayer received half of her husband's net monthly retirement...

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Ruparel v. The Queen, 2012 DTC 1218 [at 3608], 2012 TCC 268 (Informal Procedure)

The taxpayer and her husband were UK residents. When they moved to Canada, the taxpayer's husband continued to make voluntary payments to his UK...

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Ouellet v. The Queen, 96 DTC 1295 (TCC)

The statutory provision contained in Part VI of the Courts of Justice Act (Quebec) providing a retirement plan for Quebec judges payable out of...

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E. William Abrahamson v. Minister of National Revenue, 91 DTC 213, [1991] 1 CTC 2061 (TCC)

Shortly after he accepted a position at the University of Guelph, the taxpayer transferred the full amount of his previous contributions to a U.S....

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Administrative Policy

24 June 2020 External T.I. 2018-0747781E5 - Australian Self-managed Super Fund

While still residing in Australia, the taxpayer and her (now ex-)husband created an Australian Self-managed Super Fund (“SMSF”), being an...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 60 - Paragraph 60(j) an Australian “Self-managed Super Fund” potentially could be transferred to an RRSP 152

3 July 2019 External T.I. 2018-0781941E5 - Foreign retirement plans (Ireland)

Before an Irish resident became a Canadian resident, she transferred the funds from a conventional Irish company pension plan to an Irish Personal...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(g) distribution out of fund that only received employer contributions indirectly through predecessor fund did not qualify as being from EBP 168

16 May 2016 External T.I. 2015-0571591E5 - Employees Provident Fund of Malaysia

Under the Employees Provident Fund of Malaysia (“EPF”), which is administered by the Ministry of Finance Malaysia, employees and employers are...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(f) - Subparagraph 110(1)(f)(i) Treaty-exempt receipts must be included in income and deducted from taxable income under s. 110(1)(f)(i) 91
Tax Topics - Income Tax Act - Section 60 - Paragraph 60(j) paraphrase 57

22 February 2016 External T.I. 2014-0525681E5 - Taxation of inherited pension plan payment

Would a pension payment received from a public pension plan (the “Plan”) by a Canadian resident taxpayer and citizen of the U.S. qualify for...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Death Benefit payment out of a pension plan to a beneficiary of deceased employee was a pension rather than death benefit payment 76
Tax Topics - Treaties - Income Tax Conventions - Article 18 exclusion re US estate tax 333

19 January 2015 External T.I. 2014-0547271E5 F - SERP and Lump-Sum Averaging

Before concluding that the retroactive deferral under ss. 110.2 and 120.31 could apply to lump sum payments received from a supplemental employee...

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Words and Phrases
pension plan
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 110.2 - Subsection 110.2(1) - Qualifying Amount generally available for lump sum commutation from funded or unfunded SERP/T1198 recommended 146

24 September 2014 External T.I. 2014-0543091E5 - UK Personal Pension - RRSP

The taxpayer wishes to transfer funds from a personal pension scheme (PPS) in the United Kingdom, which is a self-funded retirement plan, to a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 60 - Paragraph 60(j) U.K personal pension scheme not a pension plan 137

12 June 2009 Internal T.I. 2008-0294921I7 F - Montant reçu à l'égard d'un surplus actuariel

On the sale by the Vendor of one of its business divisions, the employees of that division were transferred to the purchaser, and the assets of...

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Words and Phrases
modification under
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Nature of Income lump sum paid to asset vendor for actuarial surplus in transferred pension plan was s. 9 income under Ikea expense-adjustment principle 222

9 May 2008 External T.I. 2008-0271781E5 F - Dédommagement pour perte de revenu de pension

Lump sum payments made by the Quebec government to members of two plans that had deficits are not be taxable given that the amounts are not...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) lump sums paid by Quebec government to members of deficit plans were not income from a source 49

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