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Tax and Accounts

Attribution Rules

ITA sections 74.1 to 74.5 that attribute investment income back to the transferor when income-splitting transfers are made to a spouse or minor child.

Definition

The attribution rules in ITA s.74.1 to s.74.5 prevent high-income individuals from reducing tax by transferring or loaning property to a spouse or minor child. If property is transferred or loaned to a spouse or common-law partner, income or loss from that property (including capital gains and losses, from the transferred property or substituted property) is attributed back to the transferor and taxed in the transferor's hands. For transfers to minors (under 18), only income from the property is attributed back; capital gains realized by the minor are taxed in the minor's hands. Attribution does not apply if a loan bears a prescribed interest rate (currently available from CRA each quarter) and the interest is actually paid no later than January 30 of the following year. The spousal RRSP attribution rule (ITA s.146(8.3)) is a related but separate provision: withdrawals from a spousal RRSP within three calendar years of a spousal contribution are attributed back to the contributing spouse.

Source

Income Tax Act s.74.1-74.5, s.146(8.3); CRA Income Tax Folio S1-F5-C1

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