Is it the contributor to an RESP or instead the beneficiary who is affiliated with that plan, or potentially both? What about an RDSP?
CRA first noted that a trust and a majority-interest beneficiary are affiliated under s. 251.1(1)(g)(ii), that s. 251.1(3) provides that a beneficiary includes a person beneficially interested in the trust as broadly defined in s. 248(25), noted that s. 251.1(1)(g)(ii) provides that a person and a trust are affiliated if the person would be affiliated with a majority-interest beneficiary of the trust in the absence of paragraph 251.1(1)(g) (e.g., a spouse), that in light of s. 251.1(4)(d)(i) (respecting deemed exercise of discretion) a subscriber and a beneficiary of an RESP Trust could each be a majority-interest beneficiary of that trust and, thus, each affiliated with it per s. 251.1(1)(g)(i), and then stated:
In the case of a so-called family plan, that is, an RESP Trust allowing the subscriber, subject to certain conditions, to appoint more than one beneficiary, each beneficiary will generally be deemed to be a majority-interest beneficiary of the RESP Trust pursuant to subparagraph 251.1(4)(d)(i) and will generally be affiliated with the RESP Trust.
Similarly, any person that would be affiliated with a majority-interest beneficiary of an RESP Trust in the absence of paragraph 251.1(1)(g), should generally be affiliated with that RESP Trust. …
Finally, any person who would be affiliated with a majority-interest beneficiary in a particular RDSP Trust in the absence of paragraph 251.1(1)(g), should generally be affiliated with such trust.