Mr. X, who died on January 1, 2018, had made a specific bequest of his TFSA (valued at death at $100,000) to his spouse (Ms. Y), who contributed the same amount to her TFSA on June 15, 2019. However, the executors did not liquidate the TFSA and pay the proceeds of $100,000 to her until after this contribution date (but before the December 31, 2019 rollover deadline provided in para. (a) of the s. 207.01(1) definition of “exempt contribution"). Did her contribution qualify as an exempt contribution?
After indicating that the “exempt contribution” definition did not “require that the survivor payment be received before the contribution is paid,” CRA noted that the definition “requires that the contribution be designated in prescribed form (Form RC240), within 30 days after the day on which the contribution is made (or at any later time that is acceptable to the Minister).”
Accordingly:
In the event that Ms. Y receives a survivor payment more than 30 days after making her contribution but within the rollover period, she may request the exercise of Ministerial discretion … . Only if the Minister accepts the filing of Form RC240 at a time after the expiry of the 30-day period may Ms. Y's contribution qualify as an excluded contribution.