I-3 - Taxation Act

Section 961.17.0.4 Disposition versions

2006-03-01

961.17.0.4. Section 961.17.0.1 does not apply

(a)  in respect of an individual at any time during the year in which the individual dies;

(b)  in respect of an individual where either the individual or the annuitant is not a resident in Canada at the particular time referred to in the said section;

(c)  to any payment that is received in full or partial commutation of a registered retirement savings plan or a registered retirement income fund and in respect of which a deduction was made under paragraph f of section 339 if, where the deduction was in respect of the acquisition of an annuity, the terms thereof provide that it cannot be commuted, and it is not commuted, in whole or in part within three years after the acquisition thereof;

(d)  in respect of an amount that is deemed, under the first paragraph of section 961.17.1, to have been received by an annuitant under a registered retirement income fund immediately before his death.

1988, c. 18, s. 105; 1991, c. 25, s. 151.