S. (d)(i) of the s. 120.4(1) “split income” definition excludes an amount in respect of a debt obligation of a mutual fund corporation or trust or of a corporation whose shares are listed on a designated stock exchange (an “Excluded Debt”). If the sole asset held by a trust is an Excluded Debt, would the interest thereon that is included in a beneficiary’s income under s. 104(13) be in respect of an Excluded Debt?
CRA first noted that the preamble to the s. 108(5)(a) rule excluded its application to s. 120.4, and stated: “Thus, for the purposes of section 120.4, the character of the amounts allocated by a trust will be maintained.” CRA then stated:
The wording of the preamble to paragraph (d) of the definition of "split income" in subsection 120.4(1) includes the words "in respect of", which are very broad in scope. … [T]his subsection can apply to an amount of interest received from a trust and included in computing the income of a specified individual, to the extent that all other conditions for application of that paragraph are satisfied. However, where the amount of interest is in respect of an excluded obligation held by a trust, such amount does not constitute split income of a specified individual.