Must an athlete, who was deemed to be a beneficiary of an amateur athlete trust which granted loans for the purchase of a home, include the loan amount in his income? CRA responded:
In general, a bona fide loan does not constitute payment or transfer. However, it is a matter of both fact and law as to whether, in a particular case, a bona fide loan was made by one individual to another. In this regard, for example, the Canada Revenue Agency would be of the view that if, at the time the loan is made by the trust, the athlete is unable to repay the loan and/or to provide reasonable security, the trust will be divested of property (funds) that could at that time be a payment or transfer of an amount within the meaning of paragraph 143.1(1.2)(d).