Income Tax Regulations

300 (1) For the purposes of paragraphs 32.1(3)(b) and 60(a) of the Act, where an annuity is paid under a contract (other than an income-averaging annuity contract or an annuity contract purchased pursuant to a deferred profit sharing plan or pursuant to a plan referred to in subsection 147(15) of the Act as a “revoked plan”) at a particular time, that part of the annuity payment determined in prescribed manner to be a return of capital is that proportion of a taxpayer’s interest in the annuity payment that the adjusted purchase price of the taxpayer’s interest in the contract at that particular time is of his interest, immediately before the commencement under the contract of payments to which paragraph 56(1)(d) of the Act applies, in the total of the payments

• (a) to be made under the contract, in the case of a contract for a term of years certain; or

• (b) expected to be made under the contract, in the case of a contract under which the continuation of the payments depends in whole or in part on the survival of an individual.

(1.1) For the purposes of subsections (1) and (2), “annuity payment” does not include any portion of a payment under a contract the amount of which cannot be reasonably determined immediately before the commencement of payments under the contract except where the payment of such portion cannot be so determined because the continuation of the annuity payments under the contract depends in whole or in part on the survival of an individual.

(2) For the purposes of this section,

• (a) where the continuance of the annuity payments under any contract depends in whole or in part on the survival of an individual, the total of the payments expected to be made under the contract

  • (i) shall, in the case of a contract that provides for equal payments and does not provide for a guaranteed period of payment, be equal to the product obtained by multiplying the aggregate of the annuity payments expected to be received throughout a year under the contract by the complete expectations of life using the table of mortality known as the 1971 Individual Annuity Mortality Table as published in Volume XXIII of the Transactions of the Society of Actuaries, or

  • (ii) shall, in any other case, be calculated in accordance with subparagraph (i) with such modifications as the circumstances may require;

• (b) subject to subsections (3) and (4), adjusted purchase price of a taxpayer’s interest in an annuity contract at a particular time means the amount that would be determined at that time in respect of that interest under the definition adjusted cost basis in subsection 148(9) of the Act if the formula in that definition were read without reference to variable K;

• (c) where the continuance of the annual payments under any contract depends on the survival of a person, the age of that person on any date as of which a calculation is being made shall be determined by subtracting the calendar year of his birth from the calendar year in which such date occurs; and

• (d) where the continuance of the annual payments under any contract depends on the survival of a person, and where, in the event of the death of that person before the annual payments aggregate a stated sum, the contract provides that the unpaid balance of the stated sum shall be paid, either in a lump sum or instalments, then, for the purpose of determining the expected term of the contract, the contract shall be deemed to provide for the continuance of the payments thereunder for a minimum term certain equal to the nearest integral number of years required to complete the payment of the stated sum.

• (e) [Repealed, SOR/83-865, s. 1]

(3) Where

• (a) an annuity contract is a life annuity contract entered into before November 17, 1978 under which the annuity payments commence on the death of an individual,

• (a.1) [Repealed, SOR/83-865, s. 1]

• (b) an annuity contract (other than an annuity contract described in paragraph (a)) is

  • (i) a life annuity contract entered into before October 23, 1968, or

  • (ii) any other annuity contract entered into before January 4, 1968,

  under which the annuity payments commence

  • (iii) on the expiration of a term of years, and

  • (iv) before the later of January 1, 1970 and the tax anniversary date of the annuity contract,

the adjusted purchase price of a taxpayer’s interest in the annuity contract shall be

• (c) the lump sum, if any, that the person entitled to the annuity payments might have accepted in lieu thereof, at the date the annuity payments commence;

• (d) if no lump sum described in paragraph (c) is provided for in the contract, the sum ascertainable from the contract as the present value of the annuity at the date the annuity payments commence; and

• (e) if no lump sum described in paragraph (c) is provided for in the contract and no sum is ascertainable under paragraph (d),

  • (i) in the case of a contract issued under the Government Annuities Act, the premiums paid, accumulated with interest at the rate of four per cent per annum to the date the annuity payments commence, and

  • (ii) in the case of any other contract, the present value of the annuity payments at the date on which payments under the contract commence, computed by applying

    • (A) a rate of interest of four per cent per annum where the payments commence before 1972 and 5 1/2 per cent per annum where the payments commence after 1971, and

    • (B) the provisions of subsection (2) where the payments depend on the survival of a person.

(4) Where an annuity contract would be described in paragraph (3)(b) if the reference in subparagraph (iv) thereof to “before the later of” were read as a reference to “on or after the later of”, the adjusted purchase price of a taxpayer’s interest in the annuity contract at a particular time shall be the greater of

• (a) the aggregate of

  • (i) the amount that would be determined in respect of that interest under paragraph (3)(c), (d) or (e), as the case may be, if the date referred to therein was the tax anniversary date of the contract and not the date the annuity payments commence, and

  • (ii) the adjusted purchase price that would be determined in respect of that interest if the expression “before that time” in the descriptions of A, B, C, D and H in the definition adjusted cost basis in subsection 148(9) of the Act were read as “before that time and after the tax anniversary date”; and

• (b) the amount determined under paragraph (2)(b) in respect of that interest.