Ms. A invests $100,000 into a segregated fund policy providing that upon its maturity in 15 years the amount payable it under to her as the annuitant will be the greater of 75% of that deposit and her share of the fair market value of the investments in the segregated fund), with the beneficiary (her husband) receiving the greater of the original deposit ($100,000) and her share of the current fair market of investments in the segregated fund in the event she dies prior to the maturity.
Prior to maturity, and when the adjusted cost base of her interest (of $120,000) is less than its fair market of her interest of $140,000 (based on the fair market value of the investments in the segregated fund), she transfers her interest to a taxable Canadian corporation in consideration only for common shares. Is her interest in the segregated fund policy an eligible property under s. 85(1.1)(a), so that a s. 85(1) election may be made? CRA responded:
In a scenario such as the one described above, a disposition of an interest in a related segregated fund trust will generally result in capital gains treatment under subparagraph 39(1)(a)(iii) of the Act. In such a case, the interest may be considered a capital property, and accordingly, an eligible property under paragraph 85(1.1)(a) of the Act for purposes of subsection 85(1) of the Act.