The Directorate was asked regarding the application of s. 153(1) to a distribution out of a retirement compensation arrangement (“RCA”) that could reasonably be considered to have been received, in respect of an office or employment of the taxpayer (the “Taxpayer”), by a former spouse of the taxpayer pursuant toa court order or a separation agreement (the “RCA Payment”).
The Directorate indicated that s. 56(1)(x) would apply to require the inclusion of the RCA Payment in the taxpayer’s income on the basis that such payment could reasonably be considered to have been received in respect of the office or employment of the taxpayer; and that, by virtue of s. 56(1)(z)(ii), no amount of the payment would be included in the income of the taxpayer’s former spouse.