Principal Issues: Where a partnership borrows money from a restricted financial institution and that the interest on the loan is deductible in computing the partnership's income, whether the partner will be entitled to claim deductions under paragraph 20(1)(e.2) of the Income Tax Act in respect of premiums payable under the life insurance policy
Position: No.
Reasons: One of the requirements for the deduction of premiums under paragraph 20(1)(e.2) is that the interest on the borrowed money be deductible in computing the income of the taxpayer who paid the premiums. In the example above, the interest is deductible by the partnership in computing partnership income by virtue of subsection 96(1), rather than in computing the income of the partner who is paying the premiums.
CALU - Conference for Advanced Life Underwriting (2006)
Question 2
Assignment of a Life Insurance Policy by a Partner as Security for a Loan to the Partnership
Assume that a partnership borrows money from a restricted financial institution and that the interest on the loan is deductible in computing the partnership's income. The financial institution requires one of the partners to assign a life insurance policy as security for the loan.
Question:
Would the partner be entitled to claim deductions under paragraph 20(1)(e.2) in respect of premiums payable under the life insurance policy?
Agency's Response
No. One of the requirements for the deduction of premiums under paragraph 20(1)(e.2) is that the interest on the borrowed money be deductible in computing the income of the taxpayer who paid the premiums. In the example above, the interest is deductible by the partnership in computing partnership income by virtue of subsection 96(1), rather than in computing the income of the partner who is paying the premiums.
May 9, 2006