Taylor v. R. – TCC: RRSP withdrawals not “annuity payments” therefore not “pension income”

Bill Innes on Current Tax Cases

http://decision.tcc-cci.gc.ca/tcc-cci/decisions/en/item/70820/index.do New Window

Taylor v. The Queen (April 1, 2014 – 2014 TCC 102) involved funds withdrawn by the taxpayer from an RRSP in 2011. Her accountant treated the funds as “pension income” subject to the pension income credit. The point as issue was a narrow one:

[5] The question to be decided in this appeal is whether the RRSP withdrawals are “annuity payments” as required by the definition of “pension income” in subsection 118(7) of the Act, at clause (a)(ii).

[6] In the Act, the term “annuity” has been ascribed the following inclusive meaning pursuant to subsection 248(1):

“annuity” includes an amount payable on a periodic basis whether payable at intervals longer or shorter than a year and whether payable under a contract, will or trust or otherwise;

There were no set payments under the terms of the RRSP; the taxpayer could direct that as much, or all, of the funds be paid out to her as she wished and at any time. The court held that this did not amount to an “annuity” and dismissed the appeal:

[15] Mr. Coughlan [the taxpayer’s accountant] submits that there should be a generous interpretation of the term “annuity” in this context which provides tax relief for pensioners. He also submits that the definition of “annuity” in the Act is broad enough to apply where the RRSP administrator is obligated by the holder to make recurring payments. As I understand it, Mr. Coughlan submits that the term “otherwise” in the phrase “whether payable under a contract, will or trust or otherwise” is broad enough to encompass a direction by the RRSP holder.

[16] I cannot agree with this interpretation. If Parliament had intended that periodic RRSP withdrawals made at the discretion of the holder qualify for the pension credit, it would have said so directly. The purpose of the legislation is not as broad as Mr. Coughlan suggests.

[17] I have sympathy for Ms. Taylor’s circumstances. However, I conclude that the withdrawals that she made are not annuity payments, and that they do not qualify for the pension credit. The appeal will be dismissed.