CRA noted that 2014-051719117 concerned a discretionary family trust (of which father and the adult children were capital and income beneficiaries) which after filing its T3 return for a taxation year, identified an overlooked a capital gain for the year, and sought a late designation under ss. 104(21) and (21.2) in respect of the children beneficiaries. The amount of the gain was actually paid to their father. CRA stated:
It was our view that a late or amended designation under subsection 104(21) of the Act was not available to the trust. It was noted that in respect of the adult children, one of the requirements under subsection 104(21) is that the amount designated can reasonably be considered to have been included in computing their respective incomes for the year pursuant to paragraph 104(13)(a) or section 105.