An employee trust (the "Trust") holds shares of a taxable Canadian corporation (the “Corporation”) that then redeems shares that had not been allocated to employees, with the resulting deemed dividend being designated under s. 104(19) to the Corporation. Would the Corporation be entitled to the s. 112(1) deduction?
After noting that one of the conditions for the application of s. 104(19) was that the amount be includible under s. 104(13)(a), 104(14) or 105 in the taxpayer’s income and before concluding that s. 104(19) would not apply, so that the s. 112(1) deduction would be unavailable, CRA stated:
An employee trust … is a trust referred to in paragraph (a) of the definition of "trust" in subsection 108(1). Consequently, such an employee trust is not described in paragraph 104(13)(a) and no amount is to be included in computing a beneficiary's income under that paragraph. Similarly, subsection 104(14) and section 105 do not apply … .
A similar analysis would apply if the Trust was no longer an employee trust but instead was a trust governed by an employee benefit plan to which the corporation had contributed as an employer.