After finding that an arrangement styled as a retirement compensation arrangement was in fact a salary deferral arrangement given that it deferred compensation and that the employer made no contributions to the arrangement from its own assets, the Directorate stated:
If at the end of a particular taxation year (e.g., 2008) a deferred amount has not been taxed in 2008 or a previous taxation year, we are of the view that the deferred amount is deemed to be received in that year under subsection 6(11). In this case … this subsection can be applied to any taxation year that is not statute-barred subject to the application of subsection 152(4).