Administrative Policy
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Retiring Allowance | payout of accumulated (non-excess) sick leave credits on termination of employment was a retiring allowance | 168 |
| 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 |
14 March 2017 External T.I. 2016-0656101E5 F - Death Benefit
An individual, who was the sole shareholder of a corporation, received, as an employee, wages for several years but only dividends in the two...
22 February 2016 External T.I. 2014-0525681E5 - Taxation of inherited pension plan payment
A U.S. citizen is resident in Canada and was the beneficiary of a deceased U.S resident who had been a retired member of a U.S. public pension...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Superannuation or Pension Benefit | pension paid to beneficiary of deceased employee was pension rather than death benefit | 294 |
| Tax Topics - Treaties - Income Tax Conventions - Article 18 | exclusion re US estate tax | 333 |
13 September 2012 Internal T.I. 2012-0442671I7 F - Dédommagement pour la perte de bénéfices
The former employees and retirees of a bankrupt corporation (the "Employer") received a lump for the cancellation of their rights in a group...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) - Subparagraph 6(1)(a)(i) | damages received after 2011 by employees of an insolvent company for cancellation of their medical plan have become taxable | 318 |
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(3) | damages received by former employees of insolvent company for cancellation of their life insurance coverage were received in lieu of remuneration for their employment services | 285 |
| Tax Topics - Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(b) | legal fees paid to recover damages for employer cancellation of insurance coverage, and medical plan, qualified and did not qualify, respectively | 353 |
10 May 2012 External T.I. 2012-0435591E5 F - Prestation consécutive au décès
Could the number of years between the termination of employment and the death of a former employee prevent an amount received from qualifying as a...
28 February 2012 External T.I. 2011-0420391E5 F - Prestations au décès
In the course of a general discussion, CRA reaffirmed its position in IT-508, para. 1 “that an amount paid to a former employee may be a death...
21 July 2011 External T.I. 2010-0359171E5 F - Montants forfaitaires - retraités
Following the termination of a group term life insurance policy for the benefit of retired employees, their former employer (Taxpayerco):
(1) may...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(4) | amount in lieu of cancelled term life insurance proceeds paid to retired employee included under s. 6(4) or 6((1)(a) | 98 |
3 December 2009 External T.I. 2009-0347131E5 F - Prestation consécutive au décès
An amount can be paid as a death benefit if the deceased employee was, at the time of death, a corporate director.
23 March 2009 External T.I. 2008-0293131E5 F - Prestations reçues par une succession
An individual who had been receiving long-term disability benefits after an illness had prevented continuation of the individual’s employment,...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(f) | amounts received by estate in settlement of deceased’s action for unpaid employment-termination disability were taxable | 130 |
| Tax Topics - Income Tax Act - Section 70 - Subsection 70(2) | amounts received by estate in settlement of deceased’s action for unpaid disability were rights and things | 199 |
5 March 2009 External T.I. 2008-0279241E5 F - Prestation consécutive au décès
A union paid $5,000 as an overhead expense to an active member on the member’s death. It was not a death benefit as there was no...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(j) | amount paid to union member could be treated as a refund of union dues with the balance taxable under s. 6(1)(j) | 106 |
| Tax Topics - Income Tax Act - Section 70 - Subsection 70(2) | lump sum paid to a union member on death could be in satisfaction of a right or thing | 193 |
20 June 2002 External T.I. 2002-0140895 F - PRESTATION AU DECES
Regarding an amount paid following the death of a former employee when the latter had paid an annual premium to be entitled to that death benefit,...
28 November 2001 External T.I. 2001-0104285 F - PRESTATION CONSECUTIVE AU DECES
After referring to the “death benefit” definition and to s. 56(1)(a)(iii), CCRA stated:
In a situation where an employer pays the spouse of a...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) | lump sum death benefit paid by employer to widow of deceased employee, not income | 39 |
12 April 1995 External T.I. 9432335 - DEATH BENEFITS
The reference to an "employee" includes a former employee.
5 February 1992 T.I. (Tax Window, No. 16, p. 9, ¶1732)
If an individual who died was still an employee, a payment in lieu of accumulated sick leave may be treated as a death benefit. However, if the...
30 May 1990 T.I. (October 1990 Access Letter, ¶1460)
Where an employer's pension plan carries an insurance policy which pays annuities to the surviving spouse if she has custody of the deceased's...