The child of parents killed in an accident receives an award as a consequence. Is the income from the award exempted under ss. 81(1)(g.1) and (g.2), and if the proceeds of the award were used to purchase an annuity, must the income element of the annuity be reported as interest income? CRA indicated that where the amount received is not awarded as damages in respect of mental injury suffered by the child, ss. 81(1)(g.1) and (g.2) would not apply and the investment income would be taxable.
Where an annuity contract was purchased by a taxpayer or taxpayer’s representative with the proceeds of a lump-sum award received for damages for personal injury or death, the income component could be exempted under ss. 81(1)(g.1) and (g.2) only on the basis described above.
The lump-sum award could also be organized as a structured settlement, which would entail the casualty insurer being the owner of an annuity contract and reporting the interest element inherent in the annuity contract in its income. Provided the conditions in IT-365R2, para. 5 were met, the payments received by the claimant would represent non-taxable payments for damages.