In 2023-0990531C6, CRA indicated that, where a life insurance policy is distributed by a personal trust in satisfaction of an income interest in the trust, there would be a disposition of that interest and of the policy at FMV, irrespective of which of s. 106(3) or 107(2) applied. However, in 2011-0391781E5, 9908430 and 9641405, CRA indicated that where an interest in a life insurance policy held by a personal trust is distributed to a resident beneficiary in full or partial satisfaction of the beneficiary's capital interest, s. 107(2) (if its conditions were satisfied) would prevail over s. 148(7), so that s. 107(2) rollover treatment would apply.
CRA confirmed that these earlier positions were “still valid and should generally continue to apply to the distribution by a personal trust of an interest in a life insurance policy to its beneficiary that gives rise to a disposition of all or part of that beneficiary's capital interest in the trust pursuant to subsection 107(2).”