A Canadian-resident inter vivos personal trust realized gain under s. 128.1(4) as a result of its central management and control moving to outside Canada. Does its being a trust rather than an individual affect the requirements on it for the posting of security to defer the payment of the amount owing, and would the CRA consider a secured line of credit that it can draw on to be adequate security, rather than requiring the posting of a letter of Credit or a letter of guarantee?
CRA indicated that the required terms for security agreements are based on the nature of the security provided and do not typically differ for trusts and individual taxpayers, but indicated that it would not normally consider a line of credit to be adequate security given that its typical features do not provide CRA with sufficient certainty of future payment, if required.