Regarding a question on an arrangement under which Holdco and Opco agree to share the premiums on, and the death benefit arising, on a term life policy on the life of a Holdco shareholder, CRA stated:
We have consistently expressed the view that where a life insurance policy is co-owned by a corporation and its shareholder (corporation or individual) pursuant to a split dollar arrangement or other shared ownership arrangement, there is a potential for a taxable benefit to be conferred with respect to the arrangement, notwithstanding that there may be bona fide business reasons for the particular arrangement.
Consequently, we remain of the view that any determination of whether section 9, paragraph 12(1)(x), or subsections 15(1), 56(2) or 246(1) of the Act apply to a particular shared-ownership arrangement involving life insurance policies and their respective premium payments can only be ascertained, on a case-by-case basis … .