| 19(1) | File No. 5-9037 |
| A.B. Adler | |
| (613) 957-8962 |
November 28, 1989
Dear Sirs:
This is in reply to your letter of November 2, 1989 in which you requested our views regarding the application of subsection 207.1(5) of the Income Tax Act ("Act") where individuals invest RRSP funds in shares of private corporations in arm's length transactions.
With respect to the 50% threshold in paragraph 207.1(5)(b) of the Act you wish to know whether the RRSP must maintain this threshold throughout relevant taxation years in order that tax may arise under subsection 207.1(5) of the Act.
It is our view that the 50% threshold under paragraph 207.1(5) of the Act must not be exceeded at the end of any month during which prescribed properties (e.g., private company shares) are held by a trust governed by an RRSP. This threshold may be exceeded at the end of a month where, for example in a trust with prescribed property of $40 (FMV) and other property of $60 (FMV) there is a withdrawal of some of the other property from the RRSP leaving a balance thereof of say $30 or there is a disposition of public company shares at a significantly reduced price (say a drop in FMV from $60 to $35).
We trust that our comments are sufficient for your purposes.
Yours truly,
for Director Financial Industries DivisionRulings Directorate