12 June 2012 June STEP Roundtable, 2012-0449811C6 - Application of 20(1)(c) if 75(2) applies -- summary under Paragraph 20(1)(c)

An individual (the "Borrower") uses borrowed money to purchase an income producing property and later settles this property on an inter vivos trust, to which s. 75(2) applies to attribute income earned on the property back to the Borrower. CRA states:

provided that the Borrower continues to have a legal obligation to pay interest on the borrowed money, and that the trust continues to hold the Initial Property for the purpose of gaining or producing income which, pursuant to subsection 75(2), will be attributed to the Borrower, a deduction pursuant to paragraph 20(1)(c) may be claimed equal to the lesser of the interest paid in the year or payable in respect of the year (depending on the method regularly followed by the Borrower) or a reasonable amount thereof.

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