29 May 2018 STEP Roundtable Q. 11, 2018-0748241C6 - Subsection 104(13.4) -- summary under Subsection 75(2)

For taxation years ending after 2015, where the lifetime beneficiary of an alter ego trust dies, the trust will have a deemed year end on the beneficiary's day of death under s. 104(13.4). CRA indicated that if s. 75(2) applies, it does not attribute the gain to the beneficiary because the wording in s. 75(2) refers to the existence of the person. The deemed disposition that occurs on the person’s death occurs at the end of the day. The deceased is no longer with us, so s. 75(2) does not apply and the taxable capital gain stays in the trust.

If, on the other hand, s. 75(2) does not apply, then there will still be the deemed disposition at the end of the of death, but s. 104(6) provides a deduction for the trust for the amount of income that is paid or made payable to the beneficiary.

Topics and taglines
Tagline
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
498758
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
498759
Extra import data
{
"field_editor_tags": [],
"field_roundtable_subquestion": "",
"field_stub": false,
"field_legacy_header": ""
}
Workflow properties
Workflow state