In order to settle the capital interest in a discretionary family trust of a beneficiary who is related to the trustees, that beneficiary agrees to renounce his interest in consideration for $200,000 paid by the trust as to $50,000 in cash and as to $150,000 by the issuance of a promissory note due by the trust in 5 years' time and bearing interest at 5%. Do ss. 107(1) and (2) apply so that there is no capital gain or loss to him? Is the cost amount to the beneficiary of his interest equal to $200,000? CRA responded (TaxInterpretations translation):
In ... Chan ... the Tax Court of Canada defined the term "distribution" as being an act effected by a trustee in accordance with his obligations under the terms of the deed of trust. …
[T]he issuance of a note by a trust does not result in the beneficiary having the ownership of property which belonged to the trust and to which he had a right as beneficiary immediately before its distribution. Therefore subsection 107(2) cannot apply respecting the note for $150,000. …
[T]he issuance of a note does not constitute the distribution of property of a trust to a beneficiary for purposes of paragraph (a) of the definition of cost amount in subsection 108(1).