31 July 2000 Internal T.I. 2000-0017597 F - COMMISSION-POLICES D'ASSURANCE-VIE -- summary under Business Source/Reasonable Expectation of Profit

Regarding a life insurance salesman who acquired a segregated fund policy or an annuity contract and received commissions that he did not include in his income in reliance on IT-470R, para. 27, the Directorate stated:

The tax treatment of commissions received on the purchase of segregated fund policies or annuity contracts should … be the same as that accorded to commissions received by securities brokers who purchase shares on the stock exchange or mutual funds as a personal investment. …

Consequently, the commissions received by a life insurance salesperson as a result of the acquisition of an annuity contract or a segregated fund policy as an investment are taxable to the salesperson.

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