26 November 2020 STEP Roundtable Q. 11, 2020-0839891C6 - Subsection 104(19) -- summary under Subsection 104(13)

If a beneficiary receives an amount to be designated under s. 104(19) as a taxable dividend (which CRA noted would be effective only on December 31 of the trust taxation year), but has died before that year-end of the trust, what is the nature of the income? CRA stated:

The taxation year of an individual is defined in subsection 249(1) as being a calendar year. There is no provision in the Act that shortens a taxpayer’s taxation year in his or her year of death so as to cause it to end as at the taxpayer’s date of death.

… Accordingly, the taxable dividend deemed to be received would need to be reported in the individual's final personal income tax and benefit return.

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