S. 144.1(2)(e) was amended (through the addition of s. 144.1(2)(e)(ii)) to provide, as an alternative to satisfying the “Beneficiary Condition” in s. 144.1(2)(e)(i), that a trusteed plan can qualify as an ELHT where key employees are included as beneficiaries under the plan if the total cost of private health services plan benefits (PHSP benefits) provided to each key employee (and specified related persons) in respect of the year does not exceed $2,500 (the “Alternative Condition”).
Does the requirement of s. 144.1(2)(f) (dating from before the introduction of the Alternative Condition) – that the rights under the trust of each key employee are not more advantageous than the rights of a class of beneficiaries described in s. 144.1(2)(e) - apply only where the Beneficiary Condition is relied upon (so that where the Alternative Condition is met, the plan is not required to satisfy s. 144.1(2)(f))? CRA responded:
The condition in paragraph 144.1(2)(f) … should only apply where a trust meets the condition in subparagraph 144.1(2)(e)(i) … and does not apply to a trust that meets the condition in subparagraph 144.1(2)(e)(ii) …