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ARTICLE · 19 JANUARY 2012

Executive Compensation: Retiring Allowances For "Long Service"

"Retiring allowances"; are not novel in taxation and employment law.

CanadaEmployment and HR
Kristin Smith
Kristin Smith

"Retiring allowances" are not novel in taxation and employment law. Defined in the Income Tax Act (Canada)1 and explained in CRA publications2, "retiring allowances" are routinely treated as a tax effective approach to severance obligations on termination of employment or "loss of office". Yet, with the ability to also grant a retiring allowance in recognition of "long service", they are becoming more prevalent when transitioning an executive out of an organization either at the time of termination or retirement.

As part of an executive exit strategy, retiring allowances can offer an employer greater flexibility than many other more conventional arrangements. Although the most common application of a retiring allowance is the payment of an additional sum to an employee upon the termination of their employment relationship (e.g., severance), it is also possible for an employer to pay a retiring allowance solely in recognition of long service on departure. This can be

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