Situation 1
In Situation 1, a trust borrows money under a hypothec to acquire a rental property. The trust distributes the rental property to one of its beneficiaries (A), who assumes the hypothec loan (a charge on the property) and thereafter holds the property for the generation of rent.
Situation 2
In Situation 2, an individual (B) borrows money to acquire a rental property. After death, the rental property is devised to B's child (Child). "The legacy ["legs"] is charged with the hypothec and, consequently, Child assumes the balance owing of the hypothec loan," with the property thereafter used by Child for rental purposes. In both Situations, is the interest deductible under s. 20(1)(c)(ii) following the distribution?
CRA stated (TaxInterpretations translation):
Situation 1
. To the extent that the assumption by A of the hypothec loan charging the property is a condition of the distribution…the balance owing under the hypothec loan constitutes "an amount payable a property acquired" for the purpose of ITA subparagraph 20(1)(c)(ii). …
Situation 2
Similarly, the CRA considers that the balance owing under the hypothec loan assumed by Child in the circumstances constitutes "an amount payable a property acquired"… .