Although Mr. X made a specific bequest of his TFSA to his adult daughter, she executed a written renunciation of the bequest (that CRA went on to find was deemed by s. 248(9) to result in a “disclaimer” or a “release or surrender” for purposes of s. 248(8)(b),) so that following the TFSA's liquidation by the executor, the proceeds were transferred to Ms. Y (the surviving spouse of Mr. X) as the residuary beneficiary. Ms. Y contributed then $100,000 to her own TFSA (within the “rollover period” as set out in para. (a) of the s. 207.01(1) definition of “exempt contribution.”)
Was Ms. Y permitted to designate her contribution as an “exempt contribution”?
CRA stated that “the principal question is whether the payment is made as a consequence of the individual's death” and, in addition to referencing the s. 248(8)(b) rule, noted that “paragraph 248(8)(a) provides, in particular, that a transfer … of property made … as a consequence of [the taxpayer’s] will is considered to be a transfer … made as a consequence of the death of the taxpayer.” CRA then stated that it was “generally of the view that the payment of $100,000 made by the executor to Ms. Y of the TFSA proceeds would be a payment made as a consequence of Mr. X's death by virtue of subsection 248(8).”