A person looks at a Canada Revenue Agency homepage in Montreal on Aug. 16, 2020.
An Alberta widow will be allowed to keep tens of thousands of dollars her late husband left to her in retirement savings after winning a years-long court battle against the Canada Revenue Agency.
The appeal court ruling settles a question that for years did not have a clear answer, after other cases involving widows in the Tax Court of Canada ended with conflicting answers: what should the definition of "spouse" be in cases like the one involving Enns.
The CRA wanted to collect the full amount Marlene Enns inherited from her husband Peter's RRSP — $102,789 — to cover what he owed in taxes. Marlene Enns was the only beneficiary when Peter Enns, her husband of nearly 40 years, died in 2013. She inherited an RRSP worth a little more than $102,000 and put it into her own, locked-in bank account.
The clause is meant to stop Canadians from giving their property — be it cash, a car, a house or any other asset — to someone at arm's length while they, on paper, look like they don't have enough money to pay their fair share of taxes. The CRA wanted to collect the full amount Marlene got from Peter's RRSP — $102,789 — to settle his income tax debt.Marlene eventually took the issue to court. She said the tax agency couldn't use Section 160 to collect because the definition of "spouse" does not include a widow.
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