Income Tax Act — I-3.3 146
e plan, on behalf of the annuitant under the plan (in this subsection referred to as the “transferor”), of any property thereunder by the issuer thereof (a) to a registered pension plan for the benefit of the transferor or to a registered retirement savings plan or registered retirement income fund under which the transferor is the annuitant, (a.1) to a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the transferor, (a.2) to a FHSA for the benefit of the transferor, if subsection (8.3) would not apply to an amount in respect of the property in the case that the property was instead received by the transferor as a benefit out of or under the registered retirement savings plan, or (b) to a registered retirement savings plan or registered retirement income fund under which the spouse or common-law partner or former spouse or common-law partner of the transferor is the annuitant, where the transferor and the transferor’s spouse or common-law partner or former spouse or common-law partner are living separate and apart and the payment or transfer is made under a decree, order or judgment of a competent tribunal, or under a written separation agreement, relating to a division of property between the transferor and the transferor’s spouse or common-law partner or former spouse or common-law partner in settlement of rights arising out of, or on the breakdown of, their marriage or common-law partnership, and, where there has been such a payment or transfer of such property on behalf of the transferor before the maturity of the plan, (c) the amount of the payment or transfer shall not, solely because of the payment or transfer, be included in computing the income of the transferor or the transferor’s spouse or common-law partner or former spouse or common-law partner, (d) no deduction may be made under subsection (5), (5.1) or (8.2) or section 8, 60 or 146.6 in respect of the payment or transfer in computing the income of any taxpayer, and (e) where the payment or transfer was made to a registered retirement savings plan, for the purposes of subsection 146(8.2), the amount of the payment or transfer shall be deemed not to be a premium paid to that plan by the taxpayer. Credited or added amount deemed not received (20) Where (a) an amount is credited or added to a deposit with a depositary referred to in subparagraph (b)(iii) of the definition retirement savings plan in subsection 146(1) as interest or income in respect of the deposit, (b) the deposit is a registered retirement savings plan at the time the amount is credited or added to the deposit, and (c) during the calendar year in which the amount is credited or added or during the preceding calendar year, the annuitant under the plan was alive, the amount shall be deemed not to be received by the annuitant or any other person solely because of the crediting or adding. Specified pension plan (21) Where (a) an amount (other than an amount that is part of a series of periodic payments) is transferred directly from an individual’s account under a specified pension plan (i) to a registered retirement savings plan or registered retirement income fund under which the individual, or a spouse or common-law partner or former spouse or common-law partner of the individual, is the annuitant, (ii) to acquire from a licensed annuities provider an annuity that would be described in subparagraph 60(l)(ii) if the individual, or a spouse or common-law partner or former spouse or common-law partner of the individual, were the taxpayer referred to in that subparagraph and if that subparagraph were read without reference to clause 60(l)(ii)(B), or (iii) to an account under the plan of a spouse or common-law partner or former spouse or common-law partner of the individual, and (b) if the transfer is in respect of a spouse or common-law partner or former spouse or common-law partner of the individual, (i) the individual and the spouse or common-law partner or for