Situation 1
Mr. X made a specific bequest of his TFSA to his spouse (Ms. Y), which had declined in value from $100,000 to $90,000 between death and its liquidation and transfer to Ms. Y, who contributed $100,000 to her TFSA. The residue was transferred to the surviving daughter.
Situation 2
Same as Situation 1 except that Ms. Y also received the residue of $200,000.
Situation 3
Same as Situation 1 except that the executor immediately liquidated the TFSA for $100,000 and invested it. Ultimately, $290,000 was distributed to Ms. Y.
Situation 4
Same as Situation 2 except that executor immediately transferred the TFSA property to an estate investment account, with such property diminishing in value to $90,000 before the proceeds of it and the residue of $200,000 were distributed to Ms. Y.
In Situations 1 and 2, were the survivor payments and "exempt contributions," as defined in s. 207.01(1) (the "Definition") $90,000 and $100,000, respectively – and what about Situations 3 and 4?
After indicating that “a particular payment may qualify as a survivor payment, whether the money is paid directly to the survivor under the TFSA or first paid to the executor before it is paid by the executor to the survivor” and also referencing s. 248(8)(a), CRA stated:
Thus, where amounts from a deceased holder's TFSA are first paid to the executor of the estate before being paid by the executor to the survivor … the survivor payment is equal to amounts paid under the TFSA to the estate of the deceased holder, to the extent that the survivor is entitled to a TFSA by virtue of the will of the deceased holder … and the survivor receives an equivalent or higher amount from the estate as a result of the death of the deceased holder.
Accordingly, in Situations 1 and 2, the limit would be $90,000 and $100,000 in Situations 3 and 4.