Is an amount, included in a beneficiary’s income under a preferred beneficiary election, split income under para. (c) of the “split income” definition, which refers to an amount included under s. 104(13) or 105(2), but not s. 104(14)?
CRA indicated that because the amount of income that is designated under the preferred beneficiary election is included in the individual’s income under s. 104(14) and not because of the application of s. 104(13) or 105(2), para. (c) of the “split income” definition is inapplicable.
However, s. (a)(i) of the split income definition provides for the inclusion of taxable dividends received by the specified individual in respect of the shares of the corporation, other than shares of a class listed on a designated stock exchange or shares of a mutual fund corporation. Thus, if the income allocated to a preferred beneficiary is also subject to a s. 104(19) designation, the designated amount would be included in the specified individual’s split income, unless one of the exceptions applies.