Payment of lump sum withdrawn from RSP not pension income under Old Age Security Regulations

Tax court of Canada | Tax | Income tax | Other income

Taxpayer was denied denied a Guaranteed Income Supplement (GIS) for period of July 1, 2014 to June 30, 2015 on grounds lump sum RSP payment in 2013 of $19,279.11 pushed taxpayer’s income above GIS threshold. Taxpayer appealed. Appeal dismissed. Taxpayer’s situation did not factually fall within definition contained in s. 14(a) of Old Age Security Regulations exclusions as pension income. Payment was lump sum withdrawn from RSP, not converted periodic annuity paid monthly over statutorily-mandated annuity term.

McArthur v. Canada (Employment and Social Development) (2017), 2017 CarswellNat 5838, 2017 TCC 213, Randall S. Bocock J. (T.C.C.).