The right to receive an amount under a plan arises on December 31 of Year 1. On March 31 of Year 3, 4 and 5 the individual’s performance for Year 2, 3 and 4 is determined and the amount is revised as of December 31 of Year 2, 3 and 4, respectively. Given that for commercial reasons, the amount which is payable on December 31 of Year 4 is not determined until March 31 of Year 5, being the time when the performance factor for Year 4 is determined, is a payment under this arrangement excluded from the SDA definition? In finding that the para. (k) exception was not available, CRA stated:
[T]he Amount must be paid after the three-year period (ie in Year 5) following Year 1. Note that the English version…is clearer than the French version…[and] states: "to be paid within 3 years following the end of the year."