CRA repeated its statements at 1998 APFF, Q.27 (9M18520) that:
[S]ubsection 104(18) … does not stipulate any requirement as to the date of handing over or payment of the income accumulated in the trust. The condition set out in paragraph 104(18)(d) of the Act states that the right to part of the amount is not subject to any future condition, other than a condition that the individual survive to an age not exceeding 40 years.
… [T]his paragraph would not be met if the beneficiary’s vested right to part of the amount could be extinguished by reason of a future condition other than the condition of surviving to an age not exceeding 40 years. The exception referred to in paragraph 104(18)(d) of the Act would apply to situations where trust deeds contained a clause stipulating that the right of a beneficiary will be extinguished if the latter dies at an age not exceeding 40 years. …[A] provision delaying the right to demand payment of the income held in trust, as mentioned, would not have the effect of rendering subsection 104(18) of the Act inapplicable.
CRA then stated:
Thus, if the entitlement to the portion of the income amount not payable is not subject to any future conditions, paragraph 104(18)(d) will be satisfied. Paragraph 104(18)(d) allows for the inclusion, if desired, of the condition of living to an age not exceeding 40 years.