A taxable capital gain of $375,000 was allocated to Beneficiary A of a discretionary family trust ("Trust") for which an amount is payable to him or her but not yet paid. The unpaid amount to Beneficiary A is acknowledged as debt of the Trust. The debt does not bear interest and has a 25-year term.
After quoting the statement in 2010-0373431C6 that:
if the beneficiary cannot demand payment of the promissory note because of a contingency or restriction, we are of the view that the conditions of subsection 104(24) are not satisfied because that beneficiary does not have the right to demand the payment of the promissory note before the end of the year.
CRA stated:
[T]he acknowledgement of debt does not appear … to satisfy the conditions set out above. As a result, the conditions of subsection 104(24) would not be met.