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ARTICLE · 08 DECEMBER 2015

CRA Positions On Deferred Share Unit Plans And Private Health Services Plans

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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In November of this year at the Canadian Tax Foundation's 67th Annual Tax Conference (Conference), the Canada Revenue Agency (CRA) announced its current positions on Deferred Share Unit (DSU) conversions...

CanadaEmployment and HR

In November of this year at the Canadian Tax Foundation's 67th Annual Tax Conference (Conference), the Canada Revenue Agency (CRA) announced its current positions on Deferred Share Unit (DSU) conversions; payment events for DSU plans that cover U.S. taxpayers; and the requirement that Private Health Services Plans (PHSPs) provide benefits that qualify for the medical expense tax credit.

DSU CONVERSIONS

The CRA was asked about the conversion of restricted share units (RSUs) and performance share units (PSUs) that were designed to satisfy the conditions of paragraph (k) of the salary deferral arrangement (SDA) definition in subsection 248(1) of the Income Tax Act, which permits bonuses to be deferred for three years, to DSUs that were intended to satisfy the requirements of paragraph 6801(d) of the Income Tax Regulations (Regulations), i.e., share-based awards that are only payable after death, retirement or loss of office.

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