26 February 2007 External T.I. 2005-0159431E5 F - Renonciation aux revenus d'une fiducie -- summary under Paragraph (c)

CRA found that the renunciation of the income of a spouse trust by the spouse under Article 1285 of the Civil Code of Québec would not constitute a contribution of property so as to disqualify the trust as a testamentary trust given that the income was unrealized (whereas there would have been considered to be a contribution if the income was realized and, thus, payable). It would not matter if the renunciation instead had occurred pursuant to a clause in the trust deed.