The estate of Mr. X intends to distribute $100,000 from his RRSP (which had not matured at the time of his death) in settlement of the claim against him of his separated wife (Ms. Y), which had been recognized in a court judgment. Can s. 248(23.1)(a) apply to treat the RRSP amount transferred to Ms. Y as a refund of premiums for the purposes of ss. 146(8.9) and 60(l)? CRA responded:
[P]aragraph 248(23.1)(a) would have the effect of providing that the transfer of amounts from Mr. X's RRSP paid by his estate to Ms. Y to satisfy a debt owed by the estate to Ms. Y, and resulting from the partition of the family patrimony and the dissolution of the matrimonial regime, would be deemed to have been made as a consequence of Mr. X's death. However, this paragraph would have no impact on the requirement in subsection 146(8.1) that Ms. Y be a beneficiary of Mr. X's estate. Consequently, to the extent that Ms. Y would receive the RRSP proceeds from the estate, not as a beneficiary of Mr. X's estate but, rather, as a creditor of his estate, subsection 146(8.1) could not apply.
CRA noted that this contrasted with the result that would have obtained if the deceased taxpayer had instead been the annuitant of a RRIF (see 2017-0707801C6) and had advised Finance of this inconsistency.