Mr agreed in his separation agreement with Mrs to transfer to her the property in his RRSP. However, he died before the transfer was made. Does CRA still consider that s. 146(16) does not apply following death? CRA responded:
The CRA continues to be of the view that a transfer under paragraph 146(16)(b) is not possible where the annuitant or the former common-law partner dies before the transfer referred to in this paragraph is completed.
When queried on this, a Finance representative stated:
The Department of Finance is ready to consider the issue identified in the question to determine whether the rules give rise to anomalies in certain circumstances in tax policy terms, in the context of its on-going revision of the ITA rules.