Income Tax Act — I-3.3 207.01
of an amount from a TFSA of which a particular individual is the holder if (a) the amount is transferred directly to another TFSA, the holder of which is the particular individual; or (b) the amount is transferred directly to another TFSA, the holder of which is a spouse or common-law partner or former spouse or common-law partner of the particular individual, and the following conditions are satisfied: (i) the individuals are living separate and apart at the time of the transfer, and (ii) the 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 individuals in settlement of rights arising out of, or on the breakdown of, their marriage or common-law partnership. ( transfert admissible ) registered plan means a FHSA, RDSP, RESP, RRIF, RRSP or TFSA. ( régime enregistré ) registered plan strip , in respect of a registered plan that is not a TFSA, means the amount of a reduction in the fair market value of property held in connection with the registered plan, if the value is reduced as part of a transaction or event or a series of transactions or events one of the main purposes of which is to enable the controlling individual of the registered plan, or a person who does not deal at arm’s length with the controlling individual, to obtain a benefit in respect of property held in connection with the registered plan or to obtain a benefit as a result of the reduction, but does not include an amount that is (a) included in the income of a person under section 146, 146.1, 146.3, 146.4 or 146.6; (b) an excluded withdrawal under section 146.01 or 146.02; (b.1) a qualifying withdrawal under section 146.6; (b.2) a designated amount; (c) described in subsection 146(16), 146.3(14.2) or 146.4(8); (d) a distribution to a trust governed by a RESP under circumstances to which subparagraph 204.9(5)(c)(i) or (ii) applies; (e) an accumulated income payment made to a RDSP under circumstances to which subsection 146.1(1.2) applies; (f) a refund of payments under a RESP; or (g) the non-taxable portion of a disability assistance payment made from a RDSP. ( somme découlant d’un dépouillement de régime enregistré ) restricted property [Repealed, 2009, c. 2, s. 68] RRSP strip [Repealed, 2017, c. 33, s. 68] specified distribution means (a) a distribution made under a TFSA to the extent that it is, or is reasonably attributable to, an amount that is (i) an advantage in respect of the TFSA or any other TFSA of the holder, (ii) specified non-qualified investment income, (iii) an amount in respect of which tax was payable under Part I by a trust governed by the TFSA or any other TFSA of the holder, or (iv) an amount described in subparagraph 207.06(1)(b)(ii); or (b) a prescribed distribution. ( distribution déterminée ) specified non-qualified investment income , in respect of a registered plan and its controlling individual, means income (determined without reference to paragraph 82(1)(b)), or a capital gain, that is reasonably attributable, directly or indirectly, to an amount in respect of which tax was payable under Part I by a trust governed by the registered plan or by any other registered plan of the controlling individual. ( revenu de placement non admissible déterminé ) swap transaction , in respect of a registered plan, means a transfer of property between the registered plan and its controlling individual or a person with whom the controlling individual does not deal at arm’s length, but does not include (a) a payment out of or under the registered plan in satisfaction of all or part of the controlling individual’s interest in the registered plan; (b) a payment into the registered plan that is (i) a contribution, a premium or an amount transferred in accordance with paragraph 146.3(2)(f), (ii) described in paragraph (a) or (b) of the definition contribution in subsection 146.1(1), (iii) described in any of paragraphs (a) to (d) of the definit