In order for the taxpayers (the children) to fund their obligation to pay support to the divorced wife (Mrs. X) of their deceased father with funds in their corporation (Childco), Childco will subscribe for non-voting and non-participating preferred shares in the amount of Newco for $1,000,000, with Newco using those funds to purchase a non-prescribed life annuity, combined with a life insurance policy on the life of Mrs. X. Newco will receive the annuity and pay taxes on the taxable portion thereof; and also pay the cost of insurance and pay a taxable dividend to Mrs. X. It is agreed that upon the death of Mrs. X, the proceeds of the policy on Mrs. X's life will be used by Newco to redeem the preferred shares of its capital stock held by Childco.
Does s. 15(1) apply to the children? CRA indicated that s. 15(1) could apply “if Childco were found to be impoverished by the transactions” and that “the value of the benefit could be the amount that the children would have to pay, in similar circumstances, to obtain the same benefit from a person dealing at arm's length with them that results from the particular situation.”