Innovative Installation found that proceeds of an insurance policy (whose premiums had been paid by a corporation (Innovative)) that the insurance company was required to pay over to a lender to Innovative in order to pay off the loan were an addition to the capital dividend account (CDA) of Innovative, as an amount of insurance proceeds that had been received by it. What is the CRA response to this case?
CRA stated:
In factual situations similar to the Innovative case, the CRA will apply the position adopted by the Court in that case.
Consequently, in a situation where a corporation can demonstrate that life insurance proceeds that were paid directly to a financial institution have reduced its debt to the financial institution, the life insurance proceeds will be considered as "received" by that corporation for the purpose of applying subparagraph (d)(ii) of the definition of CDA … .
In addition, comments in paragraph 6 of … IT-430R3 … will be modified … .